The Rajasthan Tenancy (Board Of Revenue) Rules, 1955
[01 November 1955]
Published
vide Notification No. 7909/B R. dated 1-11-1955, published in Rajasthan
Gazette, Part IV-C, Dated 17-12-1955.
As
amended subsequently by the following Notifications :-
1.
Notification
Dated 7-5-1958, Published in Rajasthan Government Gazette, Part 4(C), Dated
29-5-1958, p. 321.
2.
Notification
Dated 6-10-1958, Published in Rajasthan Government Gazette, Part 4(C), Dated
6-11-1958.
3.
Notification
Dated 5-9-1959, Published in Rajasthan Government Gazette, Part 4(C), Dated
10-12-1959.
4.
Notification
Dated 22-5-1961, Published in Rajasthan Government Gazette, Part 4(C), Dated
15-6-1961.
5.
Notification
Dated 26-7-1964, Published in Rajasthan Government Gazette, Part 4(C), Dated
22-7-1964.
6.
Notification
Dated 6-7-1965, Published in Rajasthan Government Gazette, Part 4(C), Dated
15-7-1965.
7.
Notification
Dated 29-7-1965, Published in Rajasthan Government Gazette, Part 4(C), Dated
19-8-1965.
8.
Notification
Dated 5-7-1997, Published in Rajasthan Government Gazette, Part 4(C), Dated
30-10-1997, p. 19; and.
9.
Notification
Dated 5-10-1999, Published in Rajasthan Government Gazette, Part 4(C), Dated
13-12-1999. p. 169(1).
Note. -
In the foot-notes, appearing hereinafter, the amending notifications have been
referred to by serial No. as given to them above.
In
exercise of the power conferred by Section 258 of the Rajasthan Tenancy Act,
1955 (Rajasthan Act 3 of 1955), the Board of Revenue has, with the previous
sanction of the State Government, made the following rules, the same having
been previously published as required by Section 259 of the said Act.
CHAPTER 1 Preliminary
Rule - 1. Short title and commencement :-
(1)
These rules may
be called the Rajasthan Tenancy (Board of Revenue) Rules, 1955.
(2)
They shall come
into force at once.
Rule - 2. Interpretation :-
(1)
In these rules,
unless there is anything repugnant in the subject or context :-"the
Act" means the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
(2)
The provisions of
the Rajasthan General Clauses Act, 1955 (Rajasthan Act VIII of 1955), shall
mutatis mutandis apply to the interpretation of these rules as they apply to
the interpretation of an Act of the Rajasthan Legislature.
CHAPTER 1A Rules To Give
Effect To The Provisions Of Clause (14) Of Section 5
Rule - 2A. Rules for the recording of groves :-
Every
person who has a grove within the meaning of clause (14) of Section 5, over the
whole or a part of his holding shall within three months from the date of
publication of this notification in Rajasthan Rajpatra apply to the Tehsildar
of the Tehsil in which such grove is situated for the recording of such grove.
Rule - 2B. Particulars to be furnished :-
The
application for the recording of a grove shall contain the following
particulars :-
(1)
Name of village.
(2)
Name of Thok of
grove.
(3)
Khasra No. of
grove.
(4)
Area.
(5)
Number and kind
of trees.
(6)
Date of
acquisition of holding.
(7)
Nature of
holding.
(8)
Whether holding
acquired free of rent for the purposes of grove or on payment of premium in
lieu of rent.
(9)
Amount of premium
paid.
(10)
Date of
application, any, for reduction of land revenue.
(11)
Amount of land
revenue reduced.
(12)
Year from which
reduced.
(13)
Period for which
reduced.
Rule - 2C. Transfer of interest to be reported by grove-holders :-
After a
grove has been recorded the grove-holder shall inform the Patwari and the
Tehsildar of all transfers of interest made by him.
Rule - 2D. Acquisition of grove to be reported :-
Every
person obtaining possession of a grove by succession; transfer or otherwise
shall bring the fact to the notice of the village Patwari and report it to the
Tehsildar of Tehsil in which such land is situated, either or through the
village Patwari or the Land Records Inspector, within three months from the
date on which he obtains such possession.
Rule - 2E. Report if grove loses its character :-
If the
land loses its character of grove, this fact shall be reported to the
Tehsildar.
CHAPTER 2 Rules To Give Effect
To The Provisions Of Sections 19-30
Rule - 3. [x x x] :-
[XXX XXX
XXX]
Rule - 4. Statement of claim for compensation under Section 20(1) :-
(1)
The Statement of
claim for the compensation rights in improvements to his tenant of Khudkasht or
Sub-Tenant shall be submitted in Form J, and the land-holder shall submit as
many copies of the statement of claim as there are tenants of Khudkasht or
Sub-tenants from whom compensation is claimed.
(2)
The Statement of
claim may either be presented to the Sub-Divisional Officer by the land-holder
in person or it may be submitted through an authorised agent, or it may be sent
by registered post, acknowledgement due.]
Rule - 5. Form of notice under Section 20(2) :-
The
notice to be issued to the tenant under sub-section (2) of Section 20 shall be
in Form K.
Rule - 6. Other matters to be considered in determining value of improvement :-
In
addition to the matters, mentioned in Section 24 of the Act, the Sub-divisional
Officer shall, in determining the value of any improvement take into
consideration any money or manual labour contributed by the tenant for the
making of the improvement.
Rule - 7. [x x x] :-
[XXX XXX
XXX]
Rule - 8. Application for acquisition of rights to Nalbat :-
(1)
An application
for the acquisition under Section 36 A of right to Nalbat shall be in Form L,
and the applicant shall submit as many copies of the application as there are
persons in whom the right to realise Nalbat vests.
(2)
The application
may either be presented to the Sub-Divisional Officer by the tenant in person
or it may be submitted through an authorised agent or it may be sent by
registered post, acknowledgement due.
Rule - 9. Notice under sub-section (2) of Section 36A :-
The
notice under sub-section (2) of Section 36A shall be in Form M and a copy of
notice shall also be served upon the land-holder.
Rule - 10. Statement of claim for compensation under Section 36A(2) :-
The
statement of claim for compensation payable to the person in whom the right to
realise Nalbat vests shall be submitted in Form N and shall be in triplicate.
The
statement of claim may either be presented to the SDO in person or it may be
submitted through an authorised agent or it may be sent by registered post,
acknowledgement due.
Rule - 11. [XXX] :-
The
certificate of acquisition of right to Nalbat shall be in Form O.
CHAPTER 3 Rules To Give Effect
To The Provisions Of Sections 48-52 OF THE ACT-Exchange of Tenancies
Rule - 12. Documents to accompany the application :-
An
application under Section 49 of the Act shall contain the following particulars
:-
(i)
the Khasra Nos.
of the plots which the applicant wishes to take and of the plots cultivated by
him, which he offers in exchange;
(ii)
A certified copy
of the Khatauni Khatas in which all such plots are included;
(iii)
a certified copy
of the Khewat Khatas to which all such plots pertain.
(iv)
grounds for
exchange;
(v)
a statement
showing details of any lease, mortgage or other encumbrance with which the land
offered in exchange by the applicant may be burdened, together with the names
and addresses of the lessee, mortgagee or other encumbrancer;
(vi)
if the
land-holder is not a party to the proposed exchange his name and address.
Rule - 13. Issue of notice :-
On
receipt of such application, the Assistant Collector shall give to the opposite
party and to the land holder, and, where the provisions of Section 51 of the
Act apply, to the lessee, mortgagee or other encumbrancer, an opportunity to
show cause why the exchange should not be ordered. Every such notice shall be
accompanied by a copy of the application which shall be filed by the applicant.
Rule - 14. Disposal of objections and further procedure :-
(1)
The Assistant
Collector shall hear and decide the objections, if any, and may after making
such further enquiry as he considers necessary, reject the application if he is
not satisfied that reasonable grounds exist for ordering the exchange.
(2)
If the Assistant
Collector is satisfied that reasonable grounds exist for granting the exchange,
he shall value the land to be exchanged by multiplying the area of each plot by
the annual rent thereof calculated in accordance with rents of that class of
that category of land finally determined under the provisions of Section 21.
After considering the valuation and where the provisions of Section 51 apply,
the terms and incidents of the lease, mortgage or any other encumbrance, the
Assistant Collector shall grant the application either in whole or in part.
Rule - 15. Apportionment of rent :-
If in
the course of proceedings under Section 49 of the Act a portion only of a
holding is allotted in exchange, the Assistant Collector shall apportion the
rent payable in respect of such holding between such portion and the remainder
of the holding.
Rule - 16. Principles to be observed in ordering exchange :-
In
ordering an exchange, the Assistant Collector shall observe the following
principles :-
(1)
That the land,
which the applicant receives, is, as near as may be, equal value to, and of the
same quality as, this land which he gives in exchange;
(2)
That an existing
field shall not be sub-divided;
(3)
If there is a
work of improvement on any land sought to be exchanged, he may refuse to order
the exchange unless the parties come to an agreement regarding the amount of
compensation to be paid for such improvement and such compensation is actually
paid;
(4)
That, as far as
possible, the interests of the lessee, mortgagee or other encumbrancer, if any,
in respect of the land to be exchanged are not prejudiced;
(5)
Where the
provisions of Section 51 of the Act apply, when deciding whether or not
reasonable grounds exist for ordering the exchange, he shall consider whether
in the event of the transfer of the lease, mortgage or other encumbrance from
one area to another, it is possible or not, to place the parties and the
lessee, mortgagee or other encumbrancer, as the case may be, in a position
similar to that which each and before such exchange, and he shall, in his
order, clearly specify the lands and the interests affected thereby.
Rule - 17. Preparation of map :-
The
Assistant Collector shall place on the record of the case an extract of the
village map showing in different colours the plots given and received in
exchange by the applicant.
CHAPTER 4 Rules To Give Affect
To The Provisions Of Section 53 Division Of Holding-Division Of Holding by
Agreement
Rule - 18. Filing of agreement for Division of Holding :-
The
agreement between the co-tenants in respect of the division of holding and
distribution of rent over the several portions into which the holding is so
divided under clause (1) of sub-section (2) of Section 53 of the Act, an
agreement by co-tenants shall be filed in the Court of Tehsildar, having
jurisdiction and the Tehsildar shall pass an order as per terms of the
agreement [within 30 days from the date of filing of the agreement] and effect
the division of holding accordingly.
Rule - 19. Division of holding in a suit decreed on the basis of agreement :-
If
during pendency of a suit for division of holding the co-tenants in the suit
come to an agreement the suit shall be decreed as per terms of the agreement.
Division
of Holding by Decree or Order of Competent Court in a Suit
Rule - 20. Division of holding by decree :-
Same as
provided in Rule 19 in a division of holding by the decree or order of a
competent court passed in a suit by one or more of the co-tenant for the
purpose of dividing the holding the distributing the rent thereof over the
several portions into which it is divided the following principles shall be
observed :-
(a)
The valuation of
the portion allotted to each party shall be proportionate to his share in the
holding.
(b)
The portion
allotted to each party shall be as compact as possible.
(c)
As far as
possible, no party shall be given all the inferior or all the superior quality
of land.
(d)
As far as
possible, existing fields shall not be split up.
(e)
Plots which are
in the separate possession of a tenant shall, as far as possible, be allotted
to the tenant, if they are not in excess of his share.
Division
of Holding by Agreement or by Order of Court
Rule - 21. Preparation of map and demarcation of sub-divided fields :-
The
Tehsildar shall prepare and place on record map showing in different colours
the plots given to each party, and if any field has been sub-divided, he shall
demarcate the portion at the expense of the parties.
CHAPTER 5 Rules To Give Effect
To The Provisions Of Sections 60-62 Arrangement For Payment Of Rents
Rule - 22. Notice under Section 60 :-
The
written notice, which a tenant is required to give to the land holder under
sub-section (1) of Section 60 of the Act, shall be substantively as in Form P
and such notice shall be given before the tenant ceases to cultivate his
holding and leaves the neighbourhood.
Abandonment
Rule - 23. Issue of proclamation :-
With the
application mentioned in Section 61, the landholder shall file a proclamation
in the office of the Tehsildar. Such proclamation shall be in Form Q.
Rule - 24. Mode of service of proclamation :-
Copy of
the proclamation shall be pasted on the notice board of the Tehsil within which
the land to which it refers is situated and at some place of public resort on
or adjacent to the land to which it refers and it shall further be published by
beat of drum on or near such land, and if the Tehsildar so directs it may also
be published in some newspaper circulating in the locality.
Rule - 25. Form of application under Section 62 :-
The
application for reinstatement under Section 62 shall be in Form R.
Rule - 25A. Form of application under Section 66 or Section 67 :-
(i)
An application by
a (i) Khatedar tenant under clause (b) of the proviso to Section 66, or
(ii)
Landholder under
Section 67 of the Act, for sanction to the construction of a dwelling house for
his own occupation or a cattle-shed, or a store house or any other construction
for agricultural purposes to be erected or set up by him on his holding
situated in any village other than -
(a)
a city, town or
village situated within the area notified by the State Government for the
purposes of clause (a) of the proviso to sub-section (1) of Section 66 of the
Act; and
(b)
villages the
population of which according to the latest census, does not exceed two
thousand, shall be submitted to the Tehsildar of the Tehsil through the Patwari
of the circle in which the holding is situated in Form RR, and the particulars
required by that Form shall be furnished.
Rule - 25B. Patwaris report :-
The
Patwari shall submit the application to gether with his report in Part II of
Form RR to the Tehsildar within one week of the receipt by him of the
application.
Rule - 25C. Consultation with Urban Improvement Trust or Municipal Board :-
(1)
On receipt of the
application in Form RR and the Patwaris report, the Tehshildar shall forward
the application and the report to the Urban Improvement Trust or the Municipal
Board, if any within whose jurisdiction the land covered by the holding is
situated and enquire whether, in the context of the master plan, if any or
otherwise the said Trust or Board, as the case may be, sees any objection to
the permission applied for being granted. The Urban Improvement Trust or the
Municipality, as, the case may be, shall communicate its views to the Tehsildar
within thirty days of the date of the receipt of the Tehsildars reference.
Rule - 25D. Disposal of application :-
After
considering the Patwaris report Substituted and renumbered by Notification No.
BR/F.45(Misc.) RA/64/30465, dated 26-7-1964.[and the reply, if any, received
from the Urban Improvement Trust, or the Municipal Board, as the case may be]
and after making such further enquiry, if any, as he deems fit, the Tehsildar
shall either accord sanction or reject the application :
Provided
that the application shall not be rejected without giving the applicant an
opportunity of being heard.
Rule - 25E. Circumstances in which sanction may be accorded :-
(1)
In according sanction
the Tehsildar shall take into consideration the following matters :-
(i)
whether the
proposed construction would definitely be an improvement within the meaning of
clause (19) of Section 5 of the Act;
(ii)
if the
construction for which sanction is applied for a dwelling house whether the
construction of the proposed dwelling house on the holding is absolutely
necessaiy for agricultural purpose;
(iii)
whether the
proposed construction would. be too costly for the purpose for which it is
intended;
(iv)
whether the applicant
has already got a building for the convenient or profitable use or occupation
of the holding in its immediate vicinity and if so, what is the Justification
for having a dwelling house on the holding itself;
(v)
whether the
applicant has a residential house in the Abadi of the village and if so whether
the construction of a dwelling house on the holding itself is absolutely
essential for agricultural purpose;
(vi)
if the
construction for which sanction is applied for is a cattle shed, whether a cattle-shed
or cattle-shed already exists or exist on the holding and if so, whether the
construction of a further cattle-shed is necessary in consideration of the
number of cattle belonging to the applicant; and whether the area to be covered
by the proposed cattle-shed is excessive;
(vii)
if the
construction for which sanction is applied for is a store house, whether a
store house or store houses already exists or exist on the holding and if so
whether the construction of a further store house is necessary in consideration
of the total annual produce for which storage accommodation is required; and
whether the area to be covered by the proposed store house is excessive;
(viii)
if the
construction for which sanction is applied for is some construction other than
a dwelling house, cattle-shed or store house, the Tehsildar shall consider
whether any such construction is essential for the convenient or profitable use
or occupation of the holding;
[(viii-A)
whether the proposed construction would be within one hundred yards of the
railway boundary, or of the national highway, or any road maintained by the
State Government or a Municipality.]
(2)
[Where the area
of the holding exceeds thirty acres, the maximum area to be covered by dwelling
houses, cattle-sheds, store houses and other constructions shall not exceed two
thousand four hundred and twenty square yards and where the area of the holding
does not exceed thirty acres, the maximum area to be covered by any such
improvement shall not exceed one thousand square yards :
Provided
that there shall not be more than one dwelling house for the use of the tenant
or the land holder on his holding.]
Rule - 25F. Circumstances in which the application shall be rejected :-
The
application shall be rejected if the proposed construction -
(i)
[is not an
improvement as defined in the Act, or
(ii)
is not an
improvement which the applicant is entitled to make, or
(iii)
is too costly for
the purpose for which it is intended, or
(iv)
is objected to by
the Urban Improvement Trust or a Municipal Board, as the case may be, or
(v)
would be within
one hundred yards of the railway boundary or of the national highway or any
road maintained by the State Government or a Municipality.]
Rule - 25G. Making of certain improvements in small villages :-
A
Khatedar tenant, whose holding is situated in a village, the population of
which according to the latest census, does not exceed two thousand and which is
not situated in an area in respect of which the State Government has issued a
notification under clause (a) of the proviso to sub-section (1) of Section 66
of the Act, may, without the permission of the Tehsildar make any such
improvement as is referred to in sub-clause (a) of clause (1) of Section 5 of
the Act, subject to the following conditions namely :-
(i)
the area to be
used for the construction of a dwelling house shall not exceed five hundred
square yards, and that for the construction of a dwelling house, and bara
combined, one thousand square yards.
Explanation.
- Bara shall mean an enclosure or a shed for cattle as well as accommodation
for stocking seed, fodder and agricultural implements, and shall include land
required for the construction of a reservoir or tank.
(ii)
no dwelling
house, cattle-shed or store-house, or any construction shall be erected or set
up within one hundred yards of the railway boundary or the national highway, or
any road maintained by the State Government or a municipality, and
(iii)
the construction
shall be subject to the building bye-laws of the Village Panchayat, but no
premium, price or conversion fee for the land shall be charged by the Village
Panchayat.
CHAPTER 6 Rules To Give Effect
To The Provisions Of Section 77 Of The Act
Rule - 26. Contents of application :-
(1)
An application
for the determination of the amount expended on an improvement shall give the
nature and description of the improvement effected and shall be accompanied by
a copy of the order (if any) permitting the execution of the improvement and an
account of the amount expended, supported, so far as possible, by vouchers.
(2)
Alongwith the
application, the applicant shall also file an extract from the khatauni in
regard to the holding on or affecting which the improvement has been made.
Rule - 27. Issue of Notice :-
On
receipt of the application, the Teshildar shall invite objections by issuing
notice to the Opposite Party, fixing a date for filing such objections.
Rule - 28. Inspection of the improvement :-
If an
objection is filed disputing the nature or description of the improvement, or
the amount expended thereon, the Tehsildar shall either inspect the improvement
himself and place on record his inspection note, or direct an officer not below
the rank of Inspector of Land Records to inspect it and to report in accordance
with the procedure laid down in Rules 10-12 of Order XXVI of the Civil
Procedure Code, on the points to be clearly specified by him.
Rule - 29. Disposal of objection and determination of amount :-
The
Tehsildar shall then dispose of the objection and determine the amount expended
on the improvement and enter it in the register prescribed in Rule 30.
Rule - 30. Register of improvement :-
A
register shall be maintained in the court of every Tehsildar in the following
form :-
S. No.
Name of
the village & No. of Khewat concerned
No. of
the plot & No. of Khatauni on or affecting which the improvement is made
Nature
and description of the improvement
No.
& date of the order granting permission to make the improvement
Name of
the person at whose expense the improvement is made
Whether
the person making the improvement is a land-holder or a tenant and if a tenant,
his Class
Cost of
improvement as determined by the court
Particulars
of the case and date of the Order with signature of the Tehsildar who
determined the cost
Remarks
Note. -
This register shall be retained in the record room permanently.
CHAPTER 6A Rules To Give
Effect To The Provisions Of Section 80 Of The Act
Rule - 30A. Contents of application :-
If
trees, in any field at the time of commencement of the Act are the property of
any person other than the Khatedar tenant, such owner shall make an application
to the Tehsildar of that area for determining the amount of compensation to be
given by Khatedar tenant in occupation of the holding. The application should
contain :-
(1)
Name and full
address of the tenant in occupation of the holding;
(2)
An extract from
Khatauni in regard to the holding on which trees are standing;
(3)
Nature and
description of trees;
(4)
Account of
expenditure incurred on the trees;
(5)
Annual income
from the trees;
(6)
Compensation
claimed.
Rule - 30B. Issue of Notice :-
On
receipt of the application the Tehsildar shall invite objections by issuing
notice to such tenant fixing a date for filing such objections.
Rule - 30C. Inspection of the holding :-
If an
objection is filed, disputing the nature of description of the scattered trees
on the holding and the n amount spent thereon, the Tehsildar may inspect the
site in presence of the parties and place on record his inspection note.
Rule - 30D. Decision on objections and determination of compensation :-
The
Tehsildar shall then dispose of the objections if any, and determine the amount
of compensation, not exceeding the amount claimed having regard to :-
(a)
the labour and
capital required for planting such trees;
(b)
the nature and
kind of the soil of the land on the locality in which such trees stand;
(c)
market value of
the timber; and
(d)
the average
annual income of the fruits or the produce of such trees.
Rule - 30E. Deposition of compensation amount :-
(a)
The Tehsildar
shall then order the Khatedar tenant to deposit the amount of compensation
within two months of the order or in suitable cases may also provide for
payment in instalments.
(b)
The Tehsildar
shall inform the owner, when the money is deposited and shall pay the same to
him as soon as he requests for it.
CHAPTER 7 Rules To Give Effect
To The Provisions Of Section 84
Rule - 31. Form of application :-
(1)
An application
for a license under sub-section (8) of Section 84 of the Act shall be in Form
S.
(2)
It shall be
submitted through the Patwari of the circle in which the lands on which the
trees sought to be removed are situated.
Rule - 32. Patwaris report :-
The
Patwari shall, within one week of the submission of the application and after
seeing the site, submit his report to the Sub-Divisional Officer in Part II of
Form S, on the correctness or otherwise of the particulars-mentioned in Serial
Nos. (3) and (4) of paragraph 2 of the application.
Rule - 33. Enquiry and disposal by the Sub-Divisional Officer :-
(1)
The
Sub-Divisional Officer shall, if the application is for the removal of trees
for agricultural or domestic use and the number of trees sought to be removed
is not excessive and is commensurate with the purpose for which removal is
sought, grant the permission within fifteen days of the receipt of the Patwaris
report.
(2)
If the removal is
applied for under ground (c) of Serial No. (5) of the particular, the
Sub-Divisional Officer, shall either inspect the site himself, or get it
inspected by the Tehsildar, or a Naib-Tehsildar, before passing orders.
(3)
In the case of an
application under ground (d) or ground (e) or ground (f) the Divisional Forest
Officer shall be invariably consulted and a license granted only in accordance
with the advice given by the Divisional Forest Officer the Sub-Divisional Officer
shall record his reason therefore and forward the case for further advice to
the Chief Conservator of Forest Rajasthan, and the Sub-Divisional Officer shall
be bound by the advice of the Chief Conservator of Forests and shall issue a
license only in accordance with such advice.
Rule - 33A. License fee and period of license :-
(1)
No license fee
shall be charged for a license given on grounds (a) and (b), in the case of
license on ground (c), (d), (e) or (f) a fee of ten paise per tree or rupees
ten per acre, whichever is more, shall be charged.
(2)
The period of the
license shall be determined by the licensing authority with due regard to the
number of trees to be removed, the area to be cleared and the labour involved,
and no renewal of the licence shall be permitted.
(3)
Nothing in this
rule shall prevent the issue of fresh license where a license has expired
before the removal of the trees covered by the license; provided that the issue
of a fresh licence shall in all respects be governed by these Rules.
Rule - 34. [x x x] :-
[XXX XXX
XXX]
Rule - 35. [x x x] :-
[XXX XXX
XXX]
Rule - 36. Considerations to be had in granting licences :-
(1)
Before granting a
licence the Licensing Authority shall enquire into the grounds on which the
applicant desires such a licence, as also into the jurisdiction thereof, and
shall allow removal of such tree or trees only as may be sufficient to satisfy
the particular needs of the applicant without such removal being harmful to
others or being likely to impaire or otherwise disturb the general village
economy.
(2)
In granting
general licences the following further consideration shall be kept in view -
(a)
that the proposed
removal is likely to prove useful and beneficial to the general public and
serve their genuine need for fuel or timber, or is in the interest of the
applicant, such interest not being in conflict with the general welfare;
(b)
that the proposed
removal is not likely to :-
(1)
cause excessive
denudation of land; or
(2)
to lead to soil
erosion; or
(3)
to impair
agricultural economy.
Rule - 37. Conditions of licence :-
It shall
be a condition of every licence granted under the Act that the removal of trees
shall be done :-
(a)
within the period
mentioned in the licence, and according to the ten or thereof;
(b)
without causing
damage to the land, standing crops, grass or trees or building of neighbours.
Rule - 38. Inspection of licences :-
All
licences issued under these Rules shall be liable to inspection by any Revenue
Officer, any Forest Officer or by a Police Officer not below the rank of Sub-Inspector
of Police, and any breach of the terms of the licence or irregularity in the
issue of the same shall be reported by the Officer detecting it to the
authority which has issued the licence.
Rule - 39. Cancellation of the licence :-
The
authority competent to issue a licence under the Act may, at any time, cancel
the same where -
(1)
the licensee
contravenes any of the terms and conditions of the licence or fails to produce
it for inspection in the manner required in Rule 38, or
(2)
it is
subsequently discovered that the licensee has mis-represented facts to secure
the licence.
Rule - 40. Surrender of licence :-
A
licence shall be surrender to the Licensing Authority within fifteen days of
the expiry of the period thereof.
Rule - 40A. Form and register of licenses :-
A
licence shall be in Form SS and a register of licenses in the same form shall
be maintained and kept up-to-date at each Sub-Divisional Office.
CHAPTER 8 Rules To Give Effect
To The Provisions Of Sections 114 And 117 Of The Act
Rule - 41. Publication of rent rates :-
The Rent
Rate Officer shall publish his proposals regarding rent rates and records made
by him under Sections 111 to 113 of the Act, dispose of objections thereto and
submit to the Board his proposals and record made by him after such
modification, if any, as he may think fit, in the manner as may be laid down in
the Rajasthan Settlement Manual for Settlement Officer in respect of such
matters.
Dispute
as to rent in certain cases
Rule - 42. Enquiry to be held by the Tehsildar :-
On
receipt of an application mentioned in Section 117(2) the Tehsildar shall fix
date for hearing in the presence of the applicants. The opposite party shall be
served with a notice along with a copy of the application specifying the place
and time of appearance. The parties shall be required to appear with all the
evidence on which they may rely.
Rule - 43 :-
On the
aforesaid date Tehsildar shall ascertain from the opposite party if he admits
the claim. In case he so admits the Tehsildar shall gave his award accordingly.
Where
the opposite party does not so admit, the Tehsildar shall record the evidence
of the parties, examine the documentary and oral evidence that may be produced
before him and shall also inspect the entries in the Revenue records, if any,
and thereafter he shall give his award.
CHAPTER 9 Rules To Give Effect
To The Provisions Of Sections 139-140 Of The Act
Rule - 44. Deposit of rent in tehsil :-
A
register shall be maintained by the Tehsildar showing in respect of every sum
deposited.
Receipt
(1)
The serial number
of the deposit;
(2)
the date of
receipt thereof;
(3)
the name,
parentage, caste and residence of the depositor;
(4)
the name,
parentage, caste and residence of the person specified under Section 139 of the
Act, to whose credit the deposit has been paid;
(5)
the amount
deposited;
(6)
the date of
payment into the treasury and the challan number.
(7)
Payment
(8)
the serial number
of the application for payment of refund;
(9)
the date of
application for payment of refund;
(10)
the date of the
order for payment of refund;
(11)
the name,
parentage, caste and residence of the person to whom payment or refund is
ordered;
(12)
the amount
ordered to be paid;
(13)
the date of
payment of refund by the treasury;
(14)
lapses under
Article 328 of the Rajasthan General Financial and Accounts Rules.
Rule - 45 :-
Every
deposit received by the Tehsildar shall be paid as soon as may be into the
nearest Government treasury and a treasury receipt filed with the record of the
case.
Rule - 46 :-
When the
date of payment into the treasury has been entered in the register, the
Tehsildar shall sign the register in token of the correctness of the entries
made therein in respect of the deposit.
Rule - 47 :-
After
the provisions of Rules 44, 45 & 46 have been complied with, the court shall
issue notice in Form T to the person or persons specified in column 4 of the
register prescribed by Rule 44.
Rule - 48 :-
When
order has been passed for the payment of a deposit, a deposit voucher, in the
form prescribed by the Rajasthan General Financial and Accounts Rules, shall be
handed to the person in whose favour the payment is made.
Rule - 49 :-
In every
such voucher and in the counterfoil of every such voucher, the amount to be
paid shall be entered in figures by the Tehsildar with his own hand.
Rule - 50 :-
The
number and date of the voucher shall be entered in the record of the
application for payment.
Rule - 51 :-
If a
voucher for payment is not presented within three months from the date on which
it was drawn up, encashment of it shall be refused, and a fresh voucher must be
obtained (a) upon surrender and cancellation of the original voucher, or (b) if
the voucher has been lost, upon receipt by the Tehsildar of a certificate of
non-payment thereof from the treasury.
Rule - 52 :-
Every
cancelled voucher shall be forwarded to the treasury and a note of the
cancellation made on the counterfoil of the original voucher.
Rule - 53 :-
When an
intimation of payment having been made is received from the treasury, the date
of payment shall be entered in the register, and the Tehsildar shall sign the
register in token of the correctness of the entries made therein in respect of
the payment.
Rule - 54 :-
If a
deposit is unclaimed for a period of three years, the Tehsildar shall summon
the depositor and direct him to submit a written application for refund of the
deposit. On receipt of the application, and after satisfactory identification
by the Tehsildar of the person who appears in response to the summon and claims
to be the depositor, the procedure followed shall be similar to that in case of
applications from land-holders.
Rule - 55 :-
The
Reader of each Tehsil shall be responsible for bringing to the Tehsildar all
unclaimed deposits; and he shall for this purpose bring up the register for the
examination and signature of the Tehsildar in the first week of every quarter
commencing from January.
Rule - 56 :-
Such
comparison and adjustment of the entries in the register and in the treasury
returns shall be made as may, from time to time, be necessary.
CHAPTER 10 Rules To Give
Effect To The Provisions Of Section 147 Of The Act
Rule - 57 :-
The
return of market prices current at the harvest time as laid down in Section 147
shall be prepared by the Collector on the basis of the returns submitted to him
from each Tehsil in accordance with the provisions contained in para 243 of the
Rajasthan Land Records Manual. A copy of the return so prepared shall be sent
to the Tehsil concerned for being pasted on the Notice Board of the Tehsil.
CHAPTER 11 Rules To Give
Effect To The Provisions Of Sections 169, 171, 174 To 176, 177 & 178 Of The
Act -Notice of Ejectment to Tenants
Rule - 58. Contents of application :-
(1)
An application to
the Tehsildar under Section 169 of the Act shall contain the following
particulars :-
(a)
the name,
parentage, caste and place of residence of the landholder;
(b)
the character in
which the applicant claims to eject the tenant, e.g. whether as an estate
holder, or a grantee at a favourable rate of rent, or as a tenant-in-chief who
has sublet the land from which ejectment is sought;
(c)
the name,
parentage, caste and place of residence of the tenant;
(d)
the total amount
of arrears of rent and interest claimed with statement of account showing the
arrears and interest claimed for each instalment;
(e)
the khasra
numbers and area of each plot comprising the holding, together with the name of
the Tehsil and District, Village and Thok or Patti in which the holding is
situated.
(2)
An application
under Section 174 of the Act shall contain the particulars specified in clauses
(a) to (c) and (e) of the sub-rule (1) above and shall also be accompanied by a
copy of the decree.
(3)
An application
under Section 177 of the Act shall contain, in addition to the particulars
specified in clauses (a) to (c) and (e) of sub-rule (1), the ground on which
ejectment is sought.
Rule - 59. Verification of application :-
An
application referred to in Rule 58 shall be signed by the applicant in the same
as a plaint.
Rule - 60. Notice :-
(1)
With the
application referred to in Rule 58, the applicant shall present as many
duplicate copies of notice as there are tenants (and in the case of an
application under Section 175, transferee or subtenant) to be served with such
notice, and shall also deposit the necessary process-fee for the service of
such notice.
(2)
The form of
notice to be used in an application under each of the sections mentioned in
sub-rule (1) is noted below :-
Application
under Section 169 - Form U
Application
under Section 174 - Form V.
Application
under Section 175 - Form W.
Application
under Section 177 - Form X.
(3)
Refusal to issue
notice. - The Court shall refuse to issue the notice if it does not comply with
the requirements of sub-rules (1) and (2).
(4)
In the case of
land held directly from the State Government the notice by the Tehsildar shall
be in Form U(1).
Rule - 61. Determination of the part of the holding from which a tenant is to be ejected :-
If the
amount payable on account of the arrear of rent with interest (as ordered by
the Tehsildar) or with interests and cost (as decreed by the Court) as the case
may be, remains unpaid under subsection (1) of Section 170 or sub-section (3)
of that section, the Tehsildar shall order the ejectment of the tenant from the
whole or a portion of his holding in accordance with the following scale :-
When the
unpaid amount exceeds 80 per cent of such account.
From the
entire holding.
When the
unpaid amount exceeds 60 per cent but does not exceed 80 per cent of such
amount
From
¾th of the holding.
When the
unpaid amount exceeds 40 percent but does not exceed 60 per cent of such amount
From
one-half of the holding.
When the
unpaid amount is 40 per cent, or less of such amount
From
¼th of the holding :
Provided
that if the residue of the holding left with the tenant less than the minimum
prescribed by the State Govt, for the district or part of district which the
land is situated, the tenant shall be ejected from the entire holding.
Rule - 62 :-
To
determine the portion of a holding from which the tenant shall be ejected the
court shall proceed as follows :-
(1)
The decree holder
shall be required to file a certified copy showing the sanctioned rates
applicable to the holding.
(2)
If the rent of
any plot in the holding is separately recorded, it will be accepted as such.
The rent of the remaining plots shall be calculated by multiplying the area of
each plot by the appropriate sanctioned rate. The rents thus determined will be
totalled so as to give the total rent of the holding.
(3)
The actual rent
of each plot, if not recorded already, will then be calculated in the same
proportion to the total actual rent as the rent of a plot as calculated under
sub-rule (2) bears to the total rent of the holding arrived at under that
sub-rule. Thus, if the rent of a plot as calculated under sub-rule (2) is Rs.
5/- and the total rent arrived at under that sub-rule is Rs. 20/- while the
total actual rent of the holding is Rs. 28/- the actual rent of the plot will
be Rs. 7/-.
(4)
In order to
determine the area corresponding to the unpaid amount, the court shall select
as many plots out of the holding as will yield an actual rent calculated under
sub-rule (3) not exceeding the unpaid amount, and shall order the ejectment of
the tenant from the area so determined. Provided that in determining this area,
the court shall, as far as possible, (a) avoid the splitting up to a field and
(b) see that the plots left with the tenant Eire as compact as possible.
Rule - 62A. Determination of part in cases under Section 177 :-
In the
case of a decree or order under Section 177, ejectment shall be ordered from
the area in respect of which the detrimental act or breach of condition is
committed.
CHAPTER 12 Rules To Give
Effect To The Provisions Of Sections 180-182 Of The Act - Ejectment of
Khudkasht or Ghair Khatedar tenant or Sub-tenant
Rule - 63. Form of application :-
An
application under Section 180 of the Act shall contain the following
particulars :-
(1)
Name, parentage,
caste and residence of tenant with class, viz., tenant of Khudkasht, Ghair
Khatedar Tenant or Sub-tenant;
(2)
Name of village
with name of Tehsil and District;
(3)
Name of Thok or
Patti;
(4)
Khasra numbers of
fields with area of each;
(5)
Rent of holding;
(6)
Grounds on which
ejectment is sought (see clauses (a) to (d) of Section 180); and
(7)
The total area of
each category held under the land holders personal cultivation.
Rule - 64 :-
The
application shall be accompanied by the following documents :-
(i)
a certified copy
of the Khatauni in which the land from which ejectment is sought is included;
(ii)
a certified copy
of the Khewat to which such land pertains;
(iii)
in the case of an
application under clause (b) or (c) of Section 180, the application shall also
be accompanied by a certified copy of the lease or sub-lease granted under
Section 45 or Section 46, as the case may be;
(iv)
in the case of an
application under clause (d) of Section 180, the application shall also be
accompanied by a certified copy of the Gasht Girdawari for the period specified
in that clause, as also by a certified copy of the lease or sub-lease specified
in the said clause;
(v)
the application
shall also be accompanied by a certified copy of the applicants Khata Khatauni
showing the entire area held by him as Khudkasht.
Rule - 65 :-
Every
application under Section 180 shall be verified as a pleading in accordance
with Rule 15 of Order VI of the Code of Civil Procedure (No. V of 1908).
Rule - 66 :-
To every
such application all persons whose land is sought to be acquired as Khudkasht
shall be impleaded as parties and the applicant shall file with the application
as many copies of it as there are tenants to be served with notice.
Rule - 67 :-
If the
application complies with the provisions of Rules 63-66 the Assistant Collector
shall issue a notice to all persons interested in the land in Form Y.
Rule - 68 :-
The fee
for the service of the notice shall be the same as the fee for the service of
summons and processes of Revenue Courts.
Rule - 69 :-
The
notice shall be served in accordance with the manner prescribed by sub-section
(2) of Section 167 of the Act.
Rule - 70 :-
The
Assistant Collector shall hear and decide the objections, if any, and if he is
satisfied that the application should be granted, he shall calculate the amount
of compensation payable to tenant for any improvement made by him and shall
pass an order for ejectment of the tenant from the land applied for, or from
such part thereof as he considers reasonable. Such order shall be conditional
on payment, to the tenant, within such time as the Assistant Collector may
direct, of compensation determined in accordance with the provisions of the
Act.
Rule - 71 :-
If the
compensation is not paid within the time directed by the Assistant Collector,
the application shall be dismissed and the tenant shall be awarded costs.
Rule - 72. Apportionment of rent :-
If the
tenant is to be ejected from only a portion of his holding, the Assistant
Collector shall determine the rent payable by the tenant for the remaining
land. The rent so payable shall bear the same proportion to the rent previously
payable for the whole holding as the valuation of the remaining land in the
possession of the tenant bears to the total area of the holding.
CHAPTER 13 Rules To Give
Effect To The Provisions Of Sections 186-188 Of The Act Remedies for wrongful
ejectment
Rule - 73 :-
An
application under Section 186 of the Act shall contain the following
particulars :-
(1)
Name, percentage,
caste and residence of tenant with class of tenant;
(2)
Name of village
with name of Tehsil and District;
(3)
Name of Thok or
Patti;
(4)
Name, parentage,
caste and residence of land-holder;
(5)
Name, parentage,
caste and residence of other person now in possession;
(6)
Khasra Numbers of
fields;
(7)
Area of fields;
(8)
Annual rent of
holding; and
(9)
Date of ejectment
or dispossession.
Rule - 74 :-
The
applicant shall file with the application as many copies of it as there are
land-holders and other persons in possession to be served with notice.
Rule - 75 :-
If the
application complies with the provisions of Rules 73-74, the Assistant
Collector shall issue a notice.
Rule - 76 :-
The fee
for the service of the notice shall be the same as the fee for the service of
summons and processes of Revenue Courts.
Rule - 77 :-
The
notice shall be served in the manner prescribed by sub-section (2) of Section
167 of the Act.
Rule - 78 :-
The
notice to the land-holder and the other person in possession shall be in the
Form Z.
Rule - 79 :-
If the
land-holder and/or the other person in possession appears to contest the
notice, the Assistant Collector shall hear and decide the case.
CHAPTER 14 Rules To Give
Effect To The Provisions Of Section 213 Of The Act -Sale of Khatedar tenant's
interest in execution of decree for arrears of rent
Rule - 80. Valuation of tenants holding :-
On
receiving an application for the execution of a decree for arrears of rent by
the sale of a tenants interest in the holding, the court shall value the
holding by multiplying the area of the plot or plots comprised therein by the
annual rent thereof calculated in accordance with the rent of that class of
that category of land finally determined under Section 21 of the Act. If no
such rates have been sanctioned, the court shall determine appropriate rates
after making local inspection and considering the rent generally payable by
tenants for land of the same class in the vicinity.
Rule - 81. Sale of interest in part of a holding :-
If a
holding consists of more than one plot, and the decree is, in the opinion of
the court, likely to be satisfied by selling the interest in a part only of the
holding, the court shall distribute the rent of the holding over the plots
constituting it so that the rent allotted to each plot bears to the total rent
of the holding the same proportion as the valuation of that plot bears to the
total valuation of the holding at such rates. If the interest of the tenant is
to be sold in lots, the court shall group the plots of the holding into lots,
of which the value of the interest of one lot calculated in accordance with
Rule 80 shall be not less than the amount due to the decree-holder under the
decree in execution of which such interest is being sold :
Provided
that no lot shall be formed by splitting up any existing field, and that the
plots formed shall be as compact as possible :
Provided
further that no plot thus formed shall be of an area less than minimum
prescribed by the State Government for the district or part thereof in which
land is situated.
Rule - 82. Proclamation of sale :-
In
addition to the particulars required by sub-rule (2) of Rule 66 of Order XXI of
the First Schedule of the Code of Civil Procedure, 1908, the sale proclamation
shall mention the Khasra number, the area and the rent of the holding or part
thereof which is to be sold, and if the holding is to be sold in lots, the
khasra numbers, area and rent of each lot.
Rule - 83. Place of sale :-
The sale
shall be held either in open court or at the place where the holding is
situated as the court may direct.
Rule - 84. Procedure of sale :-
In
conducting the sale, the court shall follow the procedure relating to sales of
immovable property in execution of a decree prescribed in Order XXI of the
First Schedule of the Code of Civil Procedure, 1908.
Rule - 85 :-
When two
or more sub-tenants or agriculturists residing in the village, who claim to
take the interest of a Khatedar tenant sold in execution of a decree under
Section 213 of the Act, cultivate an equal area in the village, or when two or
more agricultural or other labourers or village servants residing in the
village claim to take such interest, such claim shall be determined by drawing
lots.
Rule - 86 :-
As soon
as the order confirming the sale has become final, the court shall order that
the tenant be ejected from, and the purchaser be put in the possession of, the
holding or portion of the holding of which tenants interest has been sold.
Unless the purchaser is the landholder, he shall have the same interest in the
holding or part, or which the interest has been purchased by him, the tenant
had; and the purchaser shall be liable to pay for the holding or part thereof,
the rent specified in the proclamation of sale, and the court shall order that
the village records be amended accordingly.
CHAPTER 15 Rules To Give
Effect To The Provisions Of Sections 239 & 242 Of The Act - Question of
Proprietary Right in Revenue Courts and of Tenancy Right in Civil courts
Rule - 87. Process fee to be paid by party raising the issue :-
A
revenue courts shall, before forwarding the record to the civil court under the
provisions of Section 239 of the Act, require the party who has raised the
question of proprietary right in the land in suit to pay the process fees for
the issue of notices by the civil court for the attendance of the parties
between whom such question has arisen and shall note in its order forwarding
the record of the civil court that such process fees have been realised. Such
fees shall be charged in court fee stamps.
Rule - 88. Notice to parties :-
Where a
record is received by a civil court with a notice that the necessary process
fees have been paid in the court which has forwarded the record, it shall issue
notices to both parties without cost as to the first date of hearing fixed by
it.
Rule - 89. Reference to civil court :-
Where an
issue on a question of a proprietary right is framed by a revenue court under
the provision of Section 239(1) of the Act, is shall submit the entire record
of the case to the District Judge who shall forthwith forward it to the
competent civil court for the decision of that issue.
Rule - 90. Entry in the case register :-
The date
of despatch of the record to the civil court shall be entered in red ink by the
Ahalmad in the remarks column of the case register. When the record is received
back from the civil court together with its finding on the issue, the date of
return of the record shall be similarly entered in red ink in the remarks
column of the case register.
Rule - 91. Classification of papers, Nathi A and Nathi B :-
Before
the record is consigned to record room, the Ahalmad of the court shall classify
the papers on the reference file added by the civil court and put them in Nathi
A or Nathi B, as the case may be, and shall note the classification against
each paper entered in the general index of the reference file received from the
civil court.
Rule - 92. Reference from civil courts :-
On
receipt of a record under the provision of Section 242 of the Act for the
decision of the issue on the question of tenancy, the Collector shall forthwith
forward the record to the appropriate revenue court for the decision of that
issue.
Rule - 93. Entry in the register of references :-
On
receipt of the record, the Ahalmad shall immediately make an entry thereof in
the register of references maintained under Rule 94 and shall endorse on the
reference the serial number of the said register. When the record is sent back
to the civil court together with the finding of the revenue court, the date of
the return of the record shall be similarly entered in the remarks column of
the register.
Rule - 94. Register of References :-
For
references received under the provisions of Section 242 of the Act, a Register
of References shall be maintained in the court of each Assistant Collector in
the following form.
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Rule - 95. Reference file :-
(a)
The papers added
to the record of the civil court, while it is in the revenue court shall not be
classified and put in Nathi A or B but shall be kept in a single file called
the "reference file". A serial number shall, however, be endorsed on
each paper, as it is entered in the file index and brought on the reference
file.
(b)
The reference
file shall be added to the civil court record as soon as the revenue court has
recorded its finding and the record so prepared with the finding shall be
returned direct to the civil court from which it was originally received.
Rule - 96. Reference to be shown in the monthly return :-
Reference
received from the civil court shall be shown separately in the monthly progress
report of cases submitted by revenue courts to the Collector and also in the
statement of institutions and disposals.
CHAPTER 16 Rules Relating To
Affidavit
Rule - 97. Swearing of affidavit :-
Every
affidavit to be filed before a revenue court office shall be sworn before an
Oath Commissioner appointed for the purpose.
Rule - 98. Fee :-
The fee
for the verification of an affidavit shall be one rupee.
Rule - 99. Full particulars of persons and place to be given :-
An
affidavit shall fully describe the person swearing the affidavit with such
particulars as will ensure his clear identification such as his full name, the
name of his father, his religious persuasion, his rank or degree in life, his
profession, calling occupation or trade and his true place of residence. Any
person or place referred to in an affidavit shall be fully described in such
manner as to enable his or its identity to be clearly fixed.
Rule - 100. Persons who may make affidavits :-
Except
as otherwise provided by law or by an order of the court, an affidavit may be
sworn by any person having knowledge of the facts deposed to therein.
Two or
more persons may join in an affidavit, each deposing separately to such as are
within his knowledge.
Rule - 101. Forms of affidavits :-
When the
deponent speaks to any facts within his own knowledge, he must do so directly
and positively using the words I affirm or i make oath and say or words to that
effect.
Rule - 102. Facts to be within the knowledge or sources be stated :-
Except
on interlocutory applications, affidavits shall be confined to such facts as
the deponent is able of his own knowledge to prove.
On an
interlocutory application when a particular fact is not within the deponents
own knowledge but is based on his belief or information received from others
which he believes to the true the deponent shall use the expression "I am
informed and verify believe such information to be true" or words to that
effect, and shall sufficiently describe, for the purpose of identification, the
person or persons from whom his information was received.
When any
fact is stated on the basis of information derived from a document, full
particulars of that document shall be stated and the document shall verify that
he believes such information to be true.
Rule - 103. Identification of deponent :-
Every
person swearing an affidavit shall, if not personally known to the person
before whom the affidavit is sworn be identified before that person by some one
known to him; and in such case the person before whom the affidavit is made
shall state at the foot of the affidavit the name, address and description of
the person by whom such identification was made.
Such
identification may be made by a person :-
(a)
personally
acquainted with the person to be identified; or
(b)
who is reasonably
satisfied as to his identity:
Provided
that in the latter case, the person so identifying shall sign at the foot of
the affidavit a declaration in the following form, after there has been affixed
to such declaration in his presence the signature or thumb impression of the
person so identified, namely :-
Form of
Declaration "I (Name, Description and Address) declare that I am satisfied
on the grounds stated below that the person making this affidavit and alleging
himself to be A/B is that person".
Rule - 104. Affidavit by Pardanashin woman :-
No
affidavit purporting to have been sworn by a woman who did not appear unveiled
in the presence of the person before whom the affidavit was made, shall be used
unless she was identified in the manner specified in Rule 103, and the
affidavit is accompanied by a separate affidavit by the person identifying her,
made at the time of identification setting forth circumstances in which she was
personally known to him or he was satisfied that she was such person as she
alleged herself to be in her affidavit.
Rule - 105. Forms of Oaths :-
The
following forms of oaths and affirmations as prescribed under Section 7 of the
Indian Oaths Act by the High Court of Judicature for Rajasthan shall be used in
the Revenue Courts and Offices -
(1)
Oaths for
witness. - The evidence which I shall give to the court shall be the truth, the
whole truth, and nothing but the truth so help me God".
(2)
Affirmation for
witness. - "I solemnly affirm that the evidence which I shall give to the
court shall be the truth, the whole truth and nothing but the truth".
(3)
Oath for
interpreter. - "I will well and truly interpret what, is deposed by the
witness (or witnesses) before the Court so help me God".
(4)
Affirmation for
interpreter. - "I solemnly affirm that I will well and truly interpret what
is deposed by the witness (or witnesses) before the court".
(5)
Oath for person
making affidavit. - "I swear that this my declaration is true; that it
conceals nothing; and that no part of it is false, so help me God".
(6)
Affirmation for
person making an affidavit. - "I solemnly affirm that this my declaration
is true; that it conceals nothing; and that no part of it is false".
[FORM to I
[x x x]
[FORM J]
[See Rule 4/B.R.]
Statement
of claim for compensation for accrual of Khatedari rights and rights in
improvement
In the
Court of the Sub-Divisional Officer ............... District .......... Claim
for compensation for accrual of Khatedari rights and rights in improvement.
Sir,
As
required by sub-section (1) of Section 20 of the Rajasthan Tenancy Act, 1955
(Rajasthan Act No. 3 of 1955), and Rule 4/BR of the Rajasthan Tenancy (Board of
Revenue) Rules, 1955, I hereby submit my claim for the compensation payable to
me for the (a) accrual of Khatedari rights and (b) rights in improvement to my
tenant of Khudkasht/Sub-Tenant.
2. The
particulars of land to which this claim relates and of the land-holder and the
tenant are given below :-
1.
Name, parentage,
age and full address of the land-holder (Claimant).
2.
Name, parentage,
age and full address of the land-holder
Khudkasht/sub-tenant* to whom right accrued.
3.
Name of village,
with name of Tehsil.
4.
Khewat No.
5.
Khasra No. and
Name(s), if any, or field(s).
6.
Whether irrigated
or un-irrigated.
7.
Existing soil
class.
8.
Exact area in
which rights accrued under Section 19.
9.
Rent rate
sanctioned therefor during last settlement of if clause (b) of sub-section (1)
of Section 23 applies, rent-rate sanctioned during last settlement for similar
land in neighbourhood.
10.
Amount of
compensation claimed for acquisition of khatedari rights.
11.
Particulars of
improvement in which rights accrued to tenant.
12.
Year in which
improvement was made.
13.
Cost of
improvement at the time it was made.
14.
Present condition
of work.
15.
Extent to which
improvement is likely to benefit the land during next 10 years.
16.
Compensation
claimed for rights in improvement.
17.
Total
compensation claimed under both heads.
18.
Remarks
Date
............
Signature
[FORM K]
[See Rule 5/B.R.]
Form of
Notice under sub-section (2) of Section 20
Notice
In the
Court of the Sub-Divisional Officer ............. District ........ Case
No.............of 19
AB S/o
CD resident of .......................................Applicant.
Vs.
.....................................................................Opposite-party.
Statement
of claim for compensation for accrual of khatedari rights
Whereas
the applicant mentioned above has, as required by sub-section (1) of Section 20
of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955) and Rule 5 of
Rajasthan Tenancy (Board of Revenue) Rules, 1955, submitted a statement of his
claim for the compensation, payable to him for the accrual of khatedari rights
and rights in improvement made by you, you are hereby summoned to appear in
this court either personally or by a pleader duly instructed and able to answer
all material question relating to the case, or who shall be accompanied by some
person able to answer all such questions on...................(date) (date to
be fixed as to allow the tenant at least 30 days in which to file objection). A
copy of the claim for compensation is attached hereto and if you do not admit
the particulars given therein to be correct, you are asked to produce, on that
date, all documents on which you intend to rely in support of your claim. Take
notice that in default of your appearance on the aforesaid date the case will
be heard and decided in your absence.
Given
under my hand and seal of the Court this day.........year........
Sub-Divisional
Officer,
......................................
[Form L]
[See Rule 8/B.R.]
Application
under Section 36A for acquisition of right to Nalbat
In the
Court of the Sub-Divisional Officer.............District.............
.........................................S/o........................Applicant.
Vs.
..................................................S/o.......................Opposite
party.
Application
under Section 36A for acquisition of right to Nalbat only
Sir,
I, AB
S/o CD, caste ................ aged ........................... resident of
....................... Tehsil ............. District ............. hereby
state as under :-
(1)
That I am a
tenant of EF S/o GH, caste..........................resident
of.....................Tehsil.............District.....................in
respect of the land, particulars whereof are given hereunder.
(2)
That I have been
Khatedar tenant since before the commencement of the Rajasthan Tenancy Act,
1955 (Rajasthan Act No. 3 of 1955) Rajasthan Revenue Laws (Extension) Act, 1957
(Rajasthan Act No. 2 of 1958) or acquired khatedari rights under Section
16/15-B in the said land.
(3)
That there is a
well, bearing No. .............. or known as .......... attached to the
aforesaid land and the right to Nalbat in respect of the said well is vested in
IJ S/o KL, caste .................. resident of .......... Tehsil
................ District ............. who is person other than landholder.
(4)
That I wish to
acquire the rights to Nalbat in accordance with sub-section (1) of Section 36A
and therefore, pray that necessary action may kindly be taken.
Particulars
of Land
1.
Name of village
with Thok or Patti.
2.
Khasra No. and
Name(s) if any of the fleld(s).
3.
Area in
Bighas/Acres.
Description
of Well
[Form M]
[See Rule 9/B.R.]
Form of
Notice under sub-section (2) of Section 36A
Notice
In the
Court of the Sub-Divisional Officer .............. District ............
Case...........................No. of 19
............................................
S/o ............................ Applicant
Vs.
................................................
S/o ..................... Opposite party.
Application
under sub-section (1) of Section 36A of the Tenancy Act for acquisition of
rights to Nablat
Whereas
the applicant mentioned above has made an application for the acquisition of
rights to nalbat under sub-section (1) of Section 36A of the Tenancy Act, you
are hereby summoned to appear in this court either personally or by a pleader
duly instructed and above to answer all Material questions relating to the
case, or who shall be accompanied by some person able to answer all such
questions (date) (date to be fixed as to allow the tenant at least 30 days in
which to file objection). A copy of the said application attached hereto and if
you do not admit the particulars given therein to be correct, you are asked to
produce on that date, all documents on which you intend to rely in support of
your claim. Take notice that in default of your appearance on the aforesaid
date, the case will be heard and decided in your absence.
Given
under my hand and seal of the Court this day ...................... year
.........
Sub-Divisional
Officer,
......................................
A copy
of the notice is forwarded to .................... S/o case ...............
(Landholder) .............. (Address) .................
Form N
[See Rule 10/B.R.]
Reply to
the Notice under Section [36A] of the Act
In the
Court of Sub-Divisional Officer .............. District ............Case No.
.................... 19
..............................................
S/o ............................ Applicant.
Vs.
.................................................
S/o ..................... Opposite Party.
Application
for acquisition of right to Nalbat
Sir,
In reply
to your notice dated ..................... I hereby submit that I do not wish
to contest the application/* that I contest the application on following
grounds :-
(Grounds
to be mentioned)
I claim
compensation and submit by claim as below :-
Claim
for compensation for acquisition of right to Nalbat Under Section [36A]
1.
Parentage, caste,
age and residence of claimant i.e. person other than landholder in whom right
to Nalbat vests.
2.
Name of applicant
for acquisition of right in Nalbat parentage, caste, age and residence.
3.
Name of
land-holder with parentage, caste, age and residence.
4.
Particulars of
land in which applicant claim that Khatedari rights have accrued-Name of
village, Thok or Patti with name of Tehsil, Sub-Division and District, Khasra
No. and Name/Names, if any of field/fields and Area in Bighas.
5.
If Nalbat
realised in cash, the annual amount paid during each of preceding 5 years.
6.
If Nalbat
realised in kind, quantity of produce delivered as Nalbat during the preceding
[5] years.
7.
Total period
during which benefits from well in respect of which Nalbat is claimed have
accrued to tenant (applicant).
8.
Particulars of
the well viz :-
(i)
Name of well and
Khasra No. in which situated.
(ii)
Time of
construction.
(iii)
Present condition
(iv)
Area irrigated in
a normal year (in Bighas/Acres).
(v)
Average present
cost of construction of such well.
(vi)
Probable extent
of future utility of well.
9.
Remarks
Signature
S/o
.............. Caste .............
Resident
of...........................
(Claimant)
Strike
out whichever is inapplicable
Form O
[See Rule 11/B.R.]
Certificate
of [Acquisition] of right to Nalbat under Section [36-A]
In the
Court of ......................................................... Case No.
........................................... of 19
.........................................................
S/o ........................................Applicant.
Vs.
..............................................................
S/o ................................... Opposite party
This is
to certify that (1) ...................... S/o ................ Caste .........
age .............. resident ............ of Tehsil ............... District has
acquired right to Nalbat in respect of the well specified below with effect
from ................. (date).
(2) That
the said tenant is liable to pay Rs. ........................... Rupees
........................ (in words) as compensation to ........................
(owner of Nalbat right) in a lumpsum/[1]
in instalments of Rs. ............... each payable on ....................
(date).
(3) The
amount of compensation has been paid in full/*that the tenant has agreed to pay
the amount of compensation by instalments as specified above, and the said
compensation shall be a charge upon the holding and produce next after the
charges for rent and revenue in respect thereof. The tenant shall be
incompetent to alienate the holding unless and until the total amount of
compensation as aforesaid has been paid in full.
Particulars
of Well
1.
Name of Village
with Thok Patti.
2.
Name of Tehsil
and District.
3.
Khasra No. and
Name/Names of field/fields.
4.
No. or name of
well.
Form P
[See Rule 22/B.R.]
Notice
of arrangement for payment of rent
See
Section 60 of the Rajasthan Tenancy Act and Rule No. 22/B.R. of the Rajasthan
Tenancy (Board of Revenue) Rules, 1955
I. A.B.
S/o C.D. caste.......................resident of.................a (here enter
class or tenant) ................... tenant of the following lands hereby
inform you, E.F. S/o G.H. caste ...... resident ...... the person from whom I
hold that I am leaving the neighbourhood for ................... months/years
and that/during my absence I am leaving I.J. S/o K.L. caste ...............
resident of incharge of my holding who will be responsible for paying the rent
as it falls due.
|
Name of
Village with name of Thok or Patti |
Khasra No.
and name/names if any of field/fields |
Area in
bighas/acres |
Rent of
holding |
|
1 |
2 |
3 |
4 |
|
|
|
TOTAL
….......... |
|
My address during the period of my absence will be :-
Sd
...............
(Tenant).
Signature
of Tehsildar, if issued through Tehsil
(Seal
of the Court).
If
issued through Tehsildar.
Form Q
[See Rule 23/B.R.]
Proclamation
of abandonment
See
Section 61 of the Rajasthan Tenancy Act and Rule No. 23/B.R. of the Rajasthan
Tenancy (Board of Revenue) Rules, 1955.
In
the Court of Tehsildar .............. Tehsil ............................
District .................... Case No. ..................... of 19
A.B.
(Add description and residence) ..............................Landholder
Vs.
C
D. (Add description and residence).......................Tenant.
(Name,
description and place of residence [tenant])
To,
Whereas
you a (here enter class of tenant)-tenant of the holding specified below, are
presumed to have abandoned it, this proclamation is issued under Section 61 of
the Rajasthan Tenancy Act. 1955 (No. 3 of 1955), that the above mentioned
land-holder wishes to treat the holding as abandoned and will enter on it on
the expiry of sixty days from the date of service/publication of the
proclamation, whichever is earlier, unless appearance is made and reasonable
cause to the contrary is shown before the expiry of such period.
|
Name of
Village with name of Thok or Patti |
Khasra
Nos. and name/names if any of field/fields |
Area in
bighas/acres |
Rent of
holding |
|
1 |
2 |
3 |
4 |
|
Total
................ |
|||
Sd/- ................
(Tenant)
Sd/-
.................
(Tehsildar)
Seal
of the Court
Form R
[See Rule 25/B.R.]
To,
The
Tehsildar,
Tehsil.....................
District...................
Subject
:- Application for re-instatement and restoration of holding under Section
62(2) of the Act.
Sir,
With
reference to your proclamation dated ................ issued in pursuance of
the provisions of sub-section (1) of Section 61 of the Act, I beg to state as
under :-
(1)
that
I was a
Khatedar
tenant
Tenant
of Khudkasht
Ghair
Khatedar tenant
Sub-tenant
of
the undermentioned land and the period of my occupation was ............ years.
(2)
that
I hold this land from State Government
A.B.
(land-holder)
(3)
that
in the year ........... there was a servere drought/famine ........... (name of
epidemic) in that [2]Ilaqa/or
that I had to leave the village on account of (Grounds to be given) and proceed
to .............. (Name of place) alongwith my family and cattle etc.
(4)
that
when I learnt that the calamity had passed and conditions had returned to
normal, I returned to my village on or about .................... (date to be
mentioned).
(5)
that
the approximate date of my migration from the village was ......
(6)
that
this application is within the period of one year from the date of
service/publication of the above-mentioned proclamation.
(7)
that
in support of my contention that I left the neighbourhood on account of
widespread calamity/the reasons mentioned in clause (3) above, I submit the
following documentary evidence and I shall produce witnesses on the date of
hearing.
(Particulars
of documentary evidence to be given)
I
pray, therefore, that I may be re-instated and the holding be restored to me
subject to payment, by me, of arrears of rent, due from me on account of the
holding till the date of restoration, including the period of abandonment in
accordance with the provisions of the Act.
Particulars
of Land
1.
Name
of village, with name of Thok or Patti (Tehsil and District) .........
2.
Khasra
Nos. and name/names of field/fields .........................................
3.
Area
in Bighas/Acres
................................................................................
4.
Annual
rent
..................................................................................................
Sd/-
..................
(Tenant)
Dated............19
.
[Form RR]
[See Rule 25A]
Part I
Application
under Section 66/67 of the Rajasthan Tenancy Act, 1955 for sanction to the
making of an improvement mentioned in sub-clause (a) of clause (19) of Section
5 of the Act.
To,
The
Tehsildar,
Tehsil...................
Through
: The Patwari, Circle No. ..............
Sir,
As
required by the clause (b) of the proviso to Section 66 of the Rajasthan
Tenancy Act, 1955, and Rules 25A of the Rajasthan Tenancy (Board of Revenue)
Rules, 1955 I hereby apply for sanction to the construction of the improvement,
particulars whereof are given below :-
1.
Name
of applicant with parentage and address
2.
Status
(Khatedar tenant/Land holder [x x x]
3.
Particulars
of holding :-
(a)
Name
of village
(b)
Khasra
number
(c)
Area
in acres
4.
Distance
of holding from the Municipal limits of the nearest city of ..................
or town of ...................
5.
Particulars
of improvement for which sanction is required :-
(a)
Khasra
No. on which improvement is to be made .....................
(b)
Exact
nature of improvement dwelling house/cattle-shed/store house/other
construction.
(c)
Full
description, dimensions and area to be covered.
(d)
Cost
of the proposed construction.
6.
Number
and particulars of existing improvement of the nature specified in sub-clause
(a) of clause (19) of Section 5 of the Tenancy Act.
7.
If
the application is for permission to construct a dwelling house on the holding
:-
(a)
Whether
the applicant owns a residential house in the abadi of the village and if so,
distance of the village abadi from the khasra No. on which the dwelling is
proposed to be constructed ?
(b)
Whether
the applicant owns a building or construction in the immediate vicinity of the
holding otherwise than on the village site [of item (4) of sub-clause (b) of
clause (19) of Section 5 of the Act.) ?
(c)
Whether
he will personally reside in the dwelling house proposed to be constructed ?
8.
If
the application is for permission to construct a cattle-shed on the holding :-
(a)
No.
and particulars of existing cattle-shed, if any.
(b)
Total
number of cattle owned by the applicant.
(c)
Area
to be covered by the proposed cattle-shed.
9.
If
the application is for permission to construct a store-house on the holding :-
(a)
Number
and particulars of existing store-house, if any.
(b)
Total
annual production of the holding for the past 3 years.
(c)
Where
and how the production is stored at present, and
(d)
Area
to be covered by the proposed store-house.
Signature
.................
Verification
I
solemnly verify that the particulars given above are correct to the best of my
knowledge and that I have stated the truth and have not suppressed or concealed
any fact.
Signature
.......................
Place..............................
Date...............................
Part II
Patwaris Report
1.
This
application was received by the undersigned ............. (name) Patwari Circle
No. .................. on .......................... (date to be filled).
2.
The
particulars given in Part I above have been checked with the entries in the
Khasra for Kharif/Rabi Samvat ................ and the Jamaldadani (Khewat
Khatauni) for Samvat ................... and have been found to be correct, or
that such and such particulars are not correct.
3.
The
applicant is a Khatedar Tenant [x x x] Zamindar/[x x x] and cultivates the land
specified in Serial No. 3 of Part I, or [3]Does
not cultivate the land which is being cultivated .................
4.
He
has a dwelling house/ ............................ dwelling houses on the
holding covering an area of which is equal to ..................... part of the
holding, or He has no dwelling house on the holding.
5.
He
has a residential house in the village abadi which is at ..............
distance from the holding or that he has no residential house in the village
abadi.
6.
He
owns/does not own a building for the convenient or profitable use or occupation
of the holding in the immediate vicinity of the holding otherwise than on the
village site.
7.
There
are ................... cattle-sheds covering area equal to ........... part of
the holding, or there are no cattle-sheds on the holding.
8.
The
applicant owns ...................... cattle according to the register of
livestock.
9.
(a)
There are ................ store-house on the holding covering ..............
area equal ........ to ...... part of the holding or there are no store-houses
on the holding.
(b) According to Jinswara, Milan
Khasras and the other record, the approximate annual production of the
applicants holding for which storage is required is......................mds.
Submitted
to the Tehsildar.
Signature................................
Patwar
Circle No...................
Date........................................
Form S
[See Rule 31]
Application
for licence under sub-section (5) of Section 84 of the Rajasthan Tenancy Act,
1955
To,
The
Sub-Divisional Officer,
.....................(Sub-Division).
..............................(District).
Sir,
1.
I
am a Khatedar tenant holding land in excess of the ceiling area applicable to
me, and I desire to remove trees which vest in me or are my property or are in
my possession, and I, therefore, hereby apply for a license under sub-section
(5) of Section 84 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
2.
The
required particulars are given below :-
(1)
Name,
parentage and age of applicant.
(2)
Full
address of the applicant.
(3)
Particulars
of applicants holding viz. -
(a)
Name
of village, with name of Tehsil in which holding is situated.
(b)
Khasra
numbers with area in acres/bighas.
(c)
Soil-class.
(4)
Particulars
and class of trees, with age, if known, and approximate weight, sought to be
removed and name of village (Name of tehsil) and khasra numbers in which such
trees are growing together with soil class of the said khasra number.
(5)
Grounds
on which license is applied for, viz. -
(a)
Agricultural
use, making of plough, implements for drawing water from well for irrigation,
making bullock-cart for transporting the produce, etc. burning lime or surki
for construction of well or tank, etc.
(b)
Domestic
use : fuel-wood in own household.
(c)
Clearing
of land for extension or cultivation.
(d)
Plantation
of new trees, the trees sought to be removed having grown old and useless.
(e)
Removal
of fruit trees which have become over nature and in which rot and deterioration
have set in.
(f)
The
trees sought to be removed are affecting the fertility of the soil or otherwise
cause damage to the soil or standing crops.
(6)
Date
of last license granted and number of trees removed there under.
3.
If
the license applied for is granted, I undertake to use the wood for the
purpose, indicated by me and for other purpose and I will abide by the terms
and conditions of the license.
Place
and date .............
Yours
faithfully.
Signature
Part II
Patwaris Report
(1)
Date
of receipt of application -
(2)
Date
of report -
The
statement made in the opening sentence of the application and the particulars
given at serial Nos. 3 and 4 are correct/incorrect[4].
Correct
particulars are as follows:
The
condition of the trees is........................(Full description to be
given).
Submitted
to the Sub-Divisional Officer.
Circle
No.
Signature
of the Patwari
[FORM SS]
[See Rule 40A]
License
for removal of trees under Section 84(5) of the Rajasthan Tenancy Act, 1955
|
S.
No. |
Date
of issue |
Name
of Licensee with full address |
Period
of validity of license |
No.
and class of trees with age and weight, if known, allowed to be removed |
Area
in acres/bighas proposed to be cleared |
Purpose
for which removal of trees or clearance of ground allowed |
Special
conditions, if any, imposed |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
1.
The
licensee above named is hereby authorised to fall and remove the trees
mentioned above within the period and otherwise subject to the terms and
conditions given above, and to the provisions of the Rajasthan Tenancy Act,
1955 (Act No. 3 of 1955), and Rules 31 to 40A of the Rajasthan Tenancy (Board
of Revenue) Rules, 1955, and to the condition that the felling and removal of
trees, shall be done without causing damage to the lands, standing crops, grass
or buildings of neighbours.
2.
This
license must be produced for inspection when demanded by a Revenue Officer,
Forest Officer or a Police Officer not below the rank of Sub-Inspector of
Police.
3.
Heavy
penalties are imposed by law for the removal of trees in contravention of the
license, including fines, cancellation of the license, and forfeiture of the
timber.
4.
This
license should be surrendered to the authority issuing it, within fifteen days
of the expiry of license.
Date
& seal of Licensing Authority
Form T
Notice of deposit of rent
(See
Section 139 of the Rajasthan Tenancy Act, 1955 (No. 3 of 1955) and Rule 47/B.R.
of the Rajasthan Tenancy (Board of Revenue) Rules)
In
the Court of the Tehsildar,
Tehsil..........................
District
Case
No. .................................. of 196 .
AB
(add description and residence) .............................tenant.
Vs.
CD
(add description and residence) ......................... landholder.
To,
(Name,
description and place of residence of landholder.)
Whereas
AB S/o .................. caste .......... r/o ................ who claims to
be your tenant in respect of the land specified below having deposited in my
court the instalment(s) under-mentioned ............. of rent in arrears unpaid
balance of instalment(s) ...................... on ................ the date of
his application, notice of the receipt of deposit is hereby given to you and
you are directed to appear in my court on .............. (date) to prove your
title to receive the amount.
Particulars of Rent
|
Name of
village |
Name of
Thok or Patti |
Khasra
numbers of fields |
Area in
Bighas/Acres |
|
1 |
2 |
3 |
4 |
Particulars of Deposits
|
Year
of/instalment(s)/or unpaid balance of instalment(s) |
Amount |
Date of
deposit |
|
1 |
2 |
3 |
Dated
Tehsildar
Tehsil.....
Form U
Notice to a tenant for the payment
of arrears of rent or for ejectment in default
(See Section 169 of the Rajasthan
Tenancy Act, 1955 and Rule 60/B. R. of the Rajasthan Tenancy (Board of Revenue)
Rules, 1955)
In
the Court of the Tehsildar,
Tehsil
..........................District
Case
No. ................ of 19 .
AB
(add description and residence) .................... Applicant (landholder)
Vs.
CD
(add description and residence) ............... Opposite party (Tenant).
To,
(Name,
description and place of residence)..........................(tenant).
Whereas
the person above named, alleging himself to be your landholder, has applied to
this court for the issue of a notice to you for payment of arrears of rent as
per details given below and for your ejectment in case of default.
And
whereas the amount of Rs. .............................. is claimed to be due
from you to the said landholder on account of arrears of rent in respect of the
holding specified below, notice is hereby given to you to pay within thirty
days of the date of service of this notice, the amount of arrears or to appear
and admit or contest the same. In default the application will be heard and
determined in your absence.
Details of Account
|
Year and
instalment |
Khasra No. |
Rent
payable |
Rent paid |
Arrears |
Interest |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Total.....................
Grand
total..........
Description of the Holding
|
District |
Tehsil |
Village |
Thok or
Patti |
Khasra No.
of fields |
Area of
field Bighas/Acres |
|
1 |
2 |
3 |
4 |
5 |
6 |
Number of fields and total area
The
instalments of rent payable by you for the holding in future are specified
below :-
Rent
payable for the holding in future
Rabi
instalment
Kharif
instalment
Given
under any hand and the seal of the Court this ........... day of ........... 19.
Signature
................
(Tehsildar)
(Sead
of the Court)
Date
.............. 19.
Form U(1)
Notice to a tenant for the payment
of arrears of rent or for ejectment in default
(See Section 169 of the Rajasthan
Tenancy Act, 1955 and Rule 60/B.R. of the Rajasthan Tenancy (Board of Revenue)
Rules, 1955).
In
the Court of the Tehsildar,
Tehsil,
................................................. District
Case
No. ................................................. of 19.
State
Vs.
CD
(add description and residence) ............... Opposite party (Tenant).
To,
(Name,
description and place of residence) ........................ (tenant).
Whereas
the amount of Rs. .......... is due from you to the State on account of arrears
of rent in respect of the holding specified below, notice is hereby given to
you to pay, within thirty days of the date of this notice, the amount of
arrears or to appear and admit or contest the same. In default the application
will be heard and determined in your absence.
Details of account
|
Year and
instalment |
Khasra No. |
Rent
payable |
Rent paid |
Arrears |
Interest |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Total...................
Grand
total........
Description of the Holding
|
District |
Tehsil |
Village |
Thok or
Patti |
Khasra No.
of fields |
Area of
field Bighas/Acres |
|
1 |
2 |
3 |
4 |
5 |
6 |
Number of fields and total area
The
instalments of rent payable by you for the holding in the future are specified
below:-
Rent
payable for the holding
Rabi
instalment
Kharif
instalment
Given
under my hand and the seal of the Court this ...... day of ... 19.
Signature.................
(Tehsildar)
(Seal
of the Court)
Dated............
19 .
Form V
Notice to tenant for payment of the
amount outstanding under a decree for arrears of rent or for ejectment in
default
(See Section 174 of the Rajasthan
Tenancy Act, 1955 and Rule 60/BR of the Rajasthan Tenancy (Board of Revenue)
Rules, 1955)
In
the Court of.............................at......................... Case No.
................ of .................... 19 .
AB
(add description and residence) .............. Decree-holder (land-holder).
Vs.
CD
(add description and residence) .............. Judgment-debtor (Tenant)
To,
(Name,
description and place of residence)
Whereas
the person above-named, alleging himself to be your landholder, has applied to
this court for the execution of decree for arrear of rent by the issue of a
notice to you for the payment of the amount outstanding or for your ejectment
in case of default.
And
whereas the amount of Rs. .......................... is claimed to be due from
you to the holding specified below, and on account of costs as detailed below,
notice is hereby given to you to pay, within two months from the date of
service of this notice, the aforesaid amount into the court or in case of
default to show cause why you should not be ejected from your holding and to
state whether in case an order for your ejectment is passed you claim
compensation for any improvements made by you. In case of default an order may
be passed for your ejectment from the holding specified below :-
Details of account
|
Year and
instalment |
Rent
payable |
Rent paid |
Arrears |
Interest |
Cost
awarded by the decree |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Total.....................
Grand
Total.........
Description of holding
|
District |
Tehsil |
Village |
Thok or
patti |
Khasra No.
of fields |
Areas of
fields Bighas/Acres |
|
1 |
2 |
3 |
4 |
5 |
6 |
Number of fields and total area
Given
under my hand and the seal of the Court this ............... day of 19.
Signature
............
Designation
........
Dated
............ 19 .
(Seal
of the Court).
Form W
Notice to a tenant under Section 175
to show cause against ejectment illegal transfer or sub-letting
(See Section 175 of the Rajasthan
Tenancy Act, 1955 and Rule 60/BR of the Rajasthan Tenancy (Board of Revenue)
Rules, 1955)
In
the Court of ................................ at ...........................
Case No. ............................... 19 .
AB
(add description and residence) ................ Applicant (land-holder).
Vs.
CD
(add description and residence) ............................... (tenant)
and
EF
(add name, description and place of residence) ...............................
(transferee or sub-lessee) Opposite party;
To,
(Name,
description and place of residence) (tenant)
Whereas
the person above-named, alleging himself to be your land holder has applied to
this court under Section 175 of the Rajasthan Tenancy Act, 1955, on the grounds
mentioned below, for your ejectment from the holding specified below, this
notice or ejectment is issued to you under the said section of the Act. You are
hereby asked to show cause why you should not be ejected from the-area so
transferred/sub-let. You are informed that:-
(a)
If
you desire to dispute ejectment you must contest this notice within thirty days
of its being served on you, and
(b)
If
within thirty days of the service of this notice you appear and admit your
liability of ejectment, you will not be liable for any costs.
Take
notice that, in default of your appearance within the period specified above,
an order of ejectment may be passed against you.
Grounds
of ejectment
1.........
2.........
Description
of holding
|
District |
Tehsil |
Village |
Thok or
patti |
Khasra
Nos. of field |
Area or
fields Bighas/Acres |
Rent of
holding |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Total No. of fields and total area
Given
under my hand and the seal of the Court this ..... day of ... 19.
Dated..........
19 .
Signature
...................
(Seal
of the Court).
Designation
.................
Form Y
Notice of ejectment to a tenant of
Khudkasht, Ghair Khatedar tenant ant or sub-tenant under Section 181 of the Act
(See Rule 67/B.R. of the Rajasthan
Tenancy Act (Board of Revenue) Rules, 1955)
In
the Court of Assistant Collector ................... District
Case
No. .................... of 19 .
AB
(add description and residence) ................ Applicant (landholder).
To,
(Name
and place of residence) ........................... (Tenant)
Whereas
the land-holder above named has applied under Section 180 of the Rajasthan
Tenancy Act, 1955, on the grounds mentioned below, for your ejectment from the
holding specified below this notice of ejectment is issued to you in accordance
with the provisions of sub-section (3) of Section 181 of the Act. You are
hereby informed that :-
(a)
if
you wish to dispute the ejectment you must contest the notice within thirty
days of its being served on you, and
(b)
that
if within thirty days of the service of notice you appear and admit your
liability to ejectment, you will not be liable for any costs.
Take
notice that in default of your appearance within the period specified above an
order of ejectment may be passed against you.
Grounds
of ejectment
(See
clauses (a) to (d) of Section 180)
1
.................
2
.................
Description
of holding
|
District |
Tehsil |
Village |
Thok or
patti |
Khasra
Nos. of fields |
Area of
fields Bighas/Acres |
Rent of
holding |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Total No. of fields and total area
Given
under my hand and the seed of the court this ............. day of ......... 19
.
Dated..........
19 .
Signature
...................
(Seal
of the Court).
Designation
.................
Form Z
[See Rule 78/B.R.]
Notice
under Section 186 of the Act
In
the Court of Assistant Collector..................District
Case
No. ...................of 19 .
AB
(add description and residence) ................... Applicant (tenant).
Vs.
CD
(add description and residence) ............. Opposite Party (landholder)
and
EF
(add description and residence)..........................Opposite party (other
person now in possession).
To,
(Name,
description and place of residence) ............... (Opposite Party).
Whereas
the person named above alleging himself to be the tenant of CD has applied to
this court for re-instatement under Section 186 on the ground that he has been
ejected from, or dispossessed of, his holding, or part thereof, specified below
:-
(a)
before
the commencement of the Act otherwise than by process of law, or
(b)
after
the commencement of the Act in contravention of its provisions.
(c)
This
notice is hereby issued to you in accordance with the provisions of sub-section
(2) of the said section to show cause within a fortnight of the receipt of this
notice why the applicant be not re-instated in his holding or part thereof and
why you [5]EF
(name of other person in possession) who is not to be alleged in possession be
ejected therefrom. A copy of the application is attached and you are hereby
informed that if you wish to contest the application you must appear and
contest this notice within 15 days of its being served upon you.
(d)
Take
notice that in default of your appearance within the period specified above, an
order for the re-instatement of the applicant and your ejectment and/or the
ejectment of the other person now in possession, shall be passed.