The Rajasthan Land Acquisition Rules,
1956
In exercise of the power conferred by
section 55 of the Rajasthan Land Acquisition Act, 1953, (Rajasthan Act XXIV of
1953), the State Government has made the following rules, the same having been
previously published as required by sub-section (3) of the said section.
Part A
Preliminary
Rule - 1. Short title and commencement.?
(1)
These rules may be called the Rajasthan Land
Acquisition Rules, 1956.
(2)
They shall come into force at once.
Rule - 2. Interpretation.?
In these rules, unless the context
otherwise requires,-
(a)
"Act" means the Rajasthan Land
Acquisition Act, 1953 (Rajasthan Act XXIV of 1953);
(b)
"form" means a form apprehended to these
rules; and
(c)
"section" means a section of the Act.
[Part B]
Rule dealing with the issue and
publication of order section 4 of the Act.
Rule - 3. Order under section 4(1).?
An order under sub-section (1) of
section 4 shall be in Form I.
Rule - 3A. Notice under clause (i) of sub-section (5) of section 4.?
A notice under clause (i) sub-section
(5) of section 4 shall be in Form 1-A.
Part C
Objections under section 5-A
Rule - 4. Statement of objections.?
(1)
The Statement of objections under section 5-A is to
be in writing.
(2)
In the enquiry into the objections, the Collector
shall particularly investigate-
(a)
whether the objector is in actual possession of the
interest;
(b)
whether the objector can show some specific ground,
such as these-
(i)
the notified purpose is not genuinely or properly a
public purpose;
(ii)
the land notified in not suitable for the purpose
for which it is notified;
(iii)
the land is not so well suited as other land;
(iv)
the area proposed is excessive;
(v)
the objector's land has been selected maliciously
or vexatiously;
(vi)
the acquisition will destroy or impair the amenity
of historical or artistic monuments and places of public resort, will take away
important public rights of way or other conveniences or will desecrate
religious buildings, grave-yards and the like.
Rule - 5. Disposal of objections.?
(1)
If a statement of objections is filed after the due
date, or by a person who is not interested in the land, it shall be summarily
rejected.
(2)
If any objections are received from a person
interested in the land and within the time prescribed in sub-section (1) of
section 5A, the Collector shall fix a date not earlier than seven or later than
twenty one days from the date of receipt of the objections for hearing the
objections, and give notice thereof to the objector as well as to the department
or company requiring the land, where such department is not the Revenue
Department. Copies of the objections shall also be forwarded to such department
or company.
(3)
The department or company may file, on or before
the date fixed by the Collector, a statement by way of answer to the objections
and may also depute a representative to attend the enquiry.
(4)
On the date fixed for enquiry, or any other date to
which the enquiry may be adjourned by the Collector, the Collector shall hear
the objector or his pleader and the representative, if any, of the department
or company.
(5)
The duty of hearing objections under section 5A
shall be performed by the Collector in person and shall not be delegated.
(6)
The right of the objector under sub-section (2) of
section 5A shall extend not only to the making of a written objection, but also
to the adducing of evidence, if he so desires, in support of his objection.
(7)
On the application of either party, the Collector
may exercise his powers under section 14 of compelling the attendance of
witnesses and production of documents. The proceedings shall be summary' and no
oath need be administered to the witnesses.
(8)
A memorandum of the statement of the witnesses
shall be made and signed by the Collector and shall form part of the record.
(9)
The hearing may be adjourned by the Collector from
time to time, if necessary.
Rule - 6. Collector's report to Government.?
The Collector, after hearing all
objections and recording a memorandum of the evidence produced in support or
against the objections, and after making further inquiry, if he thinks fit, and
after inspecting the land proposed to be acquired if he considers this
necessary, shall submit the case for the decision of the Government, together
with the record of the proceedings held by him and a report containing his
recommendation of the objections.
Part D
Rules dealing with the issue of
declaration under section 6 of the Act and action pursuant thereto
Rule - 7. Further procedure on Government's decision for or against the acquisition.?
On a consideration of the objections
and the Collector's report thereon, if Government decide that the land should
be acquired, a draft of the declaration required under section 6 shall be
submitted by the Collector of the district, or Collector's of the district
concerned, to Government for approval and publication in the Official Gazette.
If, on the other hand the Government decide to give up the acquisition [it
shall issue a public notice canceling the order issued under section 4].
Rule - 8. From of declaration under section 6.?
The declaration under section 6 may be
in Form No. 3.
Rule - 9. Procedure after issue of declaration under section 6.?
After a declaration under section 6 has
been published in the Rajasthan Gazette, the Collector shall be responsible for
all further proceedings in accordance with the provisions of the Act.
Rule - 10.
[X X X]
Rule - 11. Land to be marked out.?
[The] Collector shall send to the
Tehsildar a copy of the notification issued under section 6 and have the land
marked out and measured. At the time of marking out and measuring the land, and
officer of the department or company for which the land is to be acquired
should, if possible be present, and see that the boundaries and correctly aligned.
Rule - 12. Treatment of discrepancies in measurement.?
When action is taken under section 8
and it is found that there is a discrepancy between the land to be acquired and
the description or measurement of the land given in the notification, the
proceedings need not be stayed. Provided the notification describes the land
with approximate correctness and the persons interested in the land, have had
due notice of Government's intention to acquire the land the acquisition should
he completed, and no revised notification need be issued.
Part E
Rules dealing with the notice under
section 9 and subsequent action
Rule - 13. Form of notice under section 9.?
The notice to persons interested in the
land, required to be served under section 9, may be in Form No. 4.
Rule - 14. Notice to departmental officer.?
The Collector shall give at least 15
days previous notice of the date fixed under section 9 to the departmental
officer acting on behalf of the department for the acquisition of land, or to
the company in order that he or they may have an opportunity making, in person,
by agent or by letter, any representation regarding its value which he or they
may think necessary.
Rule - [15. Consideration of representation made.?
Representation
if any, made in response to the notice by the departmental officer or Company,
whether in person, by agent or by written statements, shall be given
consideration by the Collector].
Part F
Rules dealing with the award under
section 11
Rule - 16. Procedure of Collector on hearing claims for compensation.?
(1)
On the date fixed in the notice issued under
section 9, the Collector shall cause those persons who are interested in the
land to be acquired to appear before him. He shall then prepare two lists, one
showing the names of persons present and the other the names of absentees.
Unless it appears to the Collector that there is sufficient reason for
adjourning proceedings to a later date, the case may be disposed of expert so
far as the absentees are concerned.
(2)
Matters to be inquired into by the Collector before
awarding compensation. - The statement of the persons interested shall
then be recorded as to whether they accept the measurements and agree to the
rates of compensation proposed for the various classes of land, for trees,
houses, standing crops, if any, and to the apportionment there of [If a
holding or field is jointly held or is mortgaged, or held by] Khaterdar
tenants, the Collector shall also enquire as to the shares of the compensation
to be paid to the [several persons interested, to the mortgagor and to the
tenant, respectively]. Where compensation is payable on account of standing
crops, the amount of compensation awarded should be the market value of the
crops less the amount of land revenue and ceases payable on the land since
under rule 17 the land revenue will be reduced from the harvest during which
the land has been taken up.
(3)
Where the land to be acquired is agricultural land,
the Collector may find out whether the persons interested are prepared to take
other land in exchange or to come to any other reasonable arrangement
contemplated by sub-sections (3) and (4) of section 31.
Rule - [17. Relief in rent and date from which it would take effect.?
When any
agricultural land assessed to rent is acquired, the tenant shall be entitled to
be relived of the liability to pay the rent assessed on the land to be acquired
and such relief shall have effect from the beginning of the agricultural year
in which possession of the land is taken.]
Rule - 18. to 20.
[x x x]
Rule - 21.[Rent]to be taken into consideration in determining amount of compensation.?
In determining the amount of
compensation to be awarded the Collector shall take into consideration the fact
that the land acquired is subject to the burden of the payment of [rent].
Rule - 22.
[x x x]
Rule - 23. How the award is to be drawn up.?
(1)
When all statements have been recorded, the
Collector shall draw up, with his own hand, his award, which should state the
total area of the various classes of land taken up, the rate and total amount
of each class, the total amount of compensation to be paid on account of crops,
trees, houses, etc., the promotion of the compensation to be enjoyed by
mortgagees and by Khaterdar tenants, and decision on any objections that may
have been raised by persons interested.
(2)
To enable him to calculate accurately the additional
compensation to be given under sub-section (2) of section 23 and to keep up
fully and clearly his registers of all lands acquired and compensation paid for
them, the Collector shall invariably record separately his finding under the
first head of sub-section (1) of section 23 which concerns the market value of
the land.
(3)
The extra 10 per cent awarded under sub-section (2)
of section 23 on account of compulsory acquisition slued not be included in the
rates awarded per acre, but should be added to the total compensation and shown
separately.
Rule - 24. Announcement of the award.?
The Collector shall then explain his
award to the parsons present, and those interested in each holding shall be
informed of the amount of compensation to which they are entitled. Immediate
notice of the award shall also be sent to all persons interested in the land
who are not present in court. The notice may be in Form No.5.
Part G
Rules dealing with the reference to
court
Rule - 25. Reference under section 19 how made.?
When action is taken under section 19,
the Collector should be guided by the following considerations in deciding
whether to make a separate reference on account of each holding included in the
award, as to which an application has been filed under section 18. or to make a
single reference covering several holdings. In any case there must be a
separate reference on account of each village. If the persons interested in a
number of holdings in the same village object to the award on the same grounds,
one reference may be made as to all the holdings, however, the persons
interested in any holding object to the award on grounds which apply only to
that holding, then a separate reference may be made as to that holding.
Reference to the court should, of course, be made only in the case of persons
interested who have objected to the award, the assenting [persons
interested] being settled with without reference to the court. The
provisions of the Code of Civil Procedure (V of 1908) on the subject of
misjoinder of causes of action and of parties should be consulted in this
connection.
Rule - 26. Departmental officer or company to be informed.?
The Collector shall at once inform the
departmental officer or company concerned of any reference to the court made
under [section 18] and shall forward to him a copy of the grounds on
which the objection to the award is taken [section 18(2)]. When a notice
is served under clause (c) of section 20, the Collector shall immediately
forward a copy to the departmental officer or company.
Part H
Rules dealing with the payment of
compensation
Rule - 27. Payment of compensation when made.?
As soon as the award has been announced
the Collector shall proceed to pay the compensation awarded to those persons
who are present and who accept the award. Sufficient notice shall be given to
enable all payees lo assemble at the place where they will receive their dues,
but no time should be wasted in useless endeavors to secure the attendance of
absentees. A note shall be made of the names of those persons who refuse to
accept the amount awarded or accept it under protest. As far as possible,
payment of compensation should be made at the time of award, as most of the
persons interested will then be present.
Rule - 28. Summoning of persons interested for receiving payment and further procedure.?
(1)
In giving notice of the award under subsection (2)
of section 12 and tendering payment under sub section (1) of Section 31 to such
of the persons interested as were not present personally or by their
representatives when the award was made, the Collector shall require them to
appear, personally or by representatives, by a certain date, to receive payment
of the compensation awarded to them, intimating also that no interest will be
allowed to them, if they fail to appear.
(2)
The Collector should, as far as possible, arrange
to make the payments due in or near the village to which the land pertains, in
order that the number of undisbursed sums to be placed in deposit on account of
non-attendance may be reduced to the minimum.
(3)
Whenever payment is claimed through a
representative such, representative must show legal authority for receiving the
compensation, on behalf of his principal.
(4)
If the persons interested do not appear, and do not
apply for a reference to the civil court under section 18, the Collector shall,
after any further endeavour to secure their attendance or made payment that may
seem desirable, cause the amount due to be paid into the treasury as revenue
deposits payable to the persons to whom they are respectively due, and vouched
for in that form prescribed or approved by Government from time to time. He
shall also give notice to the payee of such deposits, specifying the Treasury
in which the deposits have been made.
Rule - 29. Procedure for payment of deposits.?
When the persons concerned ultimately
claim payment of sums placed in deposits, the amount will be paid to them in
the same manner as ordinary revenue deposits.
Rule - 30. Procedure for payment of compensation in cases covered by section 30 or section 35.?
The procedure laid down as to the
payment of the compensation money in cases of reference under section 18 shall
apply also to reference under section 30 or subsection (5) of section 35. The
compensation money or if any of the parties are willing to accept payment of
their shares and payment to them is admissible, the portion of it which is in
dispute and cannot be paid away, shall be deposited in court when the reference
is made.
Rule - 31. Collectors power to award land in lieu of cash.?
The Collector shall bear in mind the
provisions of sub-section (4) of section 31 which empower him to come to any
agreement with the parties as to the method of payment; but except in the cases
provided for by sub-section (3) of that section, the Collector cannot force a
party to take land in lieu of cash. Where, however, the interest of a party is
so limited, as in the case of a trustee of a wakf property or a Hindu widow, as
to make it extremely difficult, if not impossible, to arrive at an adequate
cash estimate of its value or where, from the circumstances of the case, it is
impossible to place the parties concerned by a cash compensation in the same or
nearly the same position as before acquisition, sub-section (3) enables the
Collector to arrange to award land (subject to the same limitation of interest)
in lieu of cash.
[Part H-1]
Rules for determining compensation to
persons interested
Rule - 31A. Compensation to khatedar tenants.?
A khatedar tenant, who has heritable
and transferable rights under the Rajasthan Tenancy Act, 1955 (Raj. Act No. 3
of 1955), shall be entitled to compensation for the lands acquired from him.
Rule - 31B. Compensation to Ghair-khatedar tenant.?
(1)
A Ghair-khatedar tenant; who is recorded as such in
the revenue record for a period exceeding ten years in non-colony areas and
fifteen years in colony areas shall be entitled to compensation for the lands
acquired from him:
Provided that no enquiry is pending
against such tenant with any competent authority under any Act or rules for the
time being in force, and on the conclusion of which there may be possibility of
the land being resumed to the State:
Provided further that such
Ghair-khatedar tenant in colony areas has paid full price of land to the State
Government as per rules under which the allotment was made.
(2)
That in case the judicial or quasi-judicial enquiry
is pending before the competent authority, the amount of compensation shall be
kept in deposit by the Land Acquisition Officer:
Provided that on the final conclusion
of the proceedings, the amount shall be disbursed to the Ghair-Khatedar tenant
if the case is decided in his favour and to the State Government if the land is
ordered to be resumed.
(3)
That a Ghair-khatedar tenant, other than one
referred to above, shall be allotted land of equal value for land acquired in
lien of cash compensation:
Provided that in case normal cultivable
un-occupied Government agricultural land is not available for allotment, lands
declared surplus under the Rajasthan Imposition of Ceiling on Agricultural
Holdings Act, 1973 (Rajasthan Act 1 1 of 1973), may be allotted to such Ghair
Khatedar tenant if he so opts:
Provided further that allotment of land
in colony area to a Ghair-khatedar shall be made, if such Ghair-khatedar tenant
was a landless person prior to the acquired land allotted to him or the
acquired land situated in the canal command Area.
(4)
Where a Ghair-khatedar tenant does not opt as
mentioned in sub-rule (3) or on suitable land in any nature is available for
allotment, only then the compensation in cash shall be paid to such Ghair
Khatedar tenant according to the following formula, namely ;-
|
Compensation
|
Market price of land as applicable to
khatedar tenants determined by Land Acquisition Officer
|
No. of years elapsed after allotment
9treating period of more than 6 months as one year ignoring shorter period)
|
Improvement as legally permissible
|
|
10 (for non-Colony area)
|
or
|
15 (for Colony area)
|
|
|
|
|
|
|
(5)
Where land is acquired on behalf of the Government
of India or a Company or any other body or Organisation or institution other
than the State Government, the Ghair-khatedar tenant shall be paid compensation
in accordance with this rule and the balance payment (market price minus
compensation paid to Ghair-khatedar) shall be paid to the State Government.
[Part-I]
Rule dealing with acquisition of land
for companies.
Rule - 32. State Government to be satisfied with regard to certain matters before initiating proceedings.?
(1)
Whenever a Company makes an application to the
State Government for acquisition of any land, the Government shall direct the
Collector or submit a report to it on the following matters, namely ;-
(i)
that the company has made its best endeavor to find
out lands in the locality suitable for the purpose of acquisition;
(ii)
that the Company has made all reasonable efforts to
get such lands, by negotiation with the persons interested therein on payment
of reasonable price and such efforts have failed;
(iii)
that the land proposed to be acquired is suitable
for the purpose;
(iv)
that the area of land proposed to be acquired is
not excessive;
(v)
that the Company is in a position to utilise the
land expeditiously; and
(vi)
where the land proposed to be acquired is good a
agricultural land, that no alternative suitable site can be found so as to
avoid acquisition of that land.
(2)
The Collector shall, after giving the company a
reasonable opportunity to make any representation in this behalf, hold an
enquiry into the matters referred to sub-rule (1) and while holding such
enquiry he shall-
(i)
in any case where the land proposed to be acquired
is agricultural land, consult the District Agricultural Officer of the district
whether or not such land is good agricultural land;
(ii)
determine, having regard to the provisions of
section 23 and 24 of the Act, the approximate amount of compensation likely to
be payable in respect of the land, which, in the opinion of the Collector,
should be acquired for the Company; and
(iii)
ascertain whether the Company offered a reasonable
price (not being less than the compensation so determined), to the persons
interested in the land proposed to be acquired.
Explanation. - For the purpose of
this rule "good agricultural land" means any land which, considering,
the level of agricultural production and the crop pattern of the area in which
it is situated, is of average or of above average productivity and includes a
garden or grove land.
(3)
As soon as may be after holding the enquiry under
sub rule (2), the Collector shall submit a report (in duplicate) to the State
Government.
(4)
No declaration shall be made by the State
Government under section 6 of the Act unless the agreement under section 41 of
the Act has been executed by the company.
Rule - 33. Matters to be provided for in the agreement under section 41.?
(1)
The terms of the agreement referred to in section
41 of the Act shall also include the following matters, namely ;-
(i)
that the Company shall not, except with the
previous sanction of the State Government, use the land for any purpose other
than that for which it is acquired;
(ii)
that the time within which the dwelling houses or
amenities directly connected therewith shall be erected or provided, or the
building or work shall be constructed or executed, shall not exceed three years
from the date of transfer of the land to the company;
(iii)
that where the State Government is satisfied, after
such enquiry as it may deem necessary, that the Company was prevented by
reasons beyond its control from erecting, providing, construction or executing
dwelling house or amenities or any building or work within the time specified
in the agreement, the State Government may extend the time for that purpose by
a period not exceeding one year at a time so however that the total period of
extension shall not exceed three years.
(iv)
that if the company commits a breach of any of the
conditions provided for in the agreement, the State Government may make an
order (a) declaring the transfer of the land to the Company as null and void,
whereupon the land shall revert back to the State Government; and (b) direction
that an amount not exceeding one-fourth of the amount paid by Company to the
State Government as the cost of the acquisition under clause (1) of section 41
of the Act shall be forfeited to the State Government as damages and the
balance shall be refunded to the Company, and the order so made shall be final
and binding;
(v)
that if the Company utilise only a portion of the
land for the purpose for which it was acquired and the State Government is a
satisfied that the Company can continue to utilise the portion of the land used
by it even if the unutilised part thereof is resumed, the State Government may
make an order declaring the transfer of the land with respect to the unutilised
portion thereof as null and void whereupon such unutilised portion shall revert
back to the State Government and direction that an amount not exceeding one
fourth of such portion of the amount paid by the Company as cost of the
acquisition under clause (1) of section 41 of the Act as is relatable to the
unutilised portion shall be forfeited to the State Government as damages and
that the balance of the portion shall be refunded to the Company and the order
so made shall, subject to the provisions of clause (vi) be final and binding;
(vi)
that where there is any dispute with regard to the
amount relatable to the unutilised portion of the land, such dispute shall be
referred to the Court within whose jurisdiction the land or any part thereof is
situated and the decision of the Court thereon shall be final.
(2)
Where the Company commits a breach of any of the
terms of the agreement the State Government shall not make an order under
clause (iv) of clause (v) of sub-rule (1) unless the company has been given an
opportunity of being heard in the matter.
Rule - 34. Additional matters which may be provided for in the agreement under section 41.?
(1)
Without prejudice to the provisions of rule 33, the
terms of the agreement referred to in section 41 of the Act may also include
the following matters, namely ;-
(2)
That, in any case of urgency where possession of
any land is proposed to be taken under section 17 before an award has been made
under section 11 of the Act, the Company shall deposit with the Collector, free
of interest, such amount (being not more than two third of the approximate
amount compensation payable in respect of the land as determined under clause (ii)
of sub-rule (2) of rule 33, and within such time as the Collector thinks fit,
to specify in this behalf.
(3)
Where any amount has been deposited with the
Collector under sub-rule (1), the Collector shall tender payment of amount so
deposited to the person interested who, in the opinion of the Collector, are
entitled to receive payment of compensation under sub-section (1) of section 31
of the Act, and shall, pay it to them unless prevented by same one or more of
the contingencies mentioned in sub-section (2) of section 31 of the Act,
subject to the following condition namely;-
(i)
the execution of any agreement by such receipient
that the amount received by him would be adjusted against the compensation
finally awarded and that where the amount received by him exceeds the amount of
the compensation finally awarded, the excess amount shall be recoverable from
him as an arrear of land revenue and that he shall not claim any interest under
the provisions of the Act in respect of the amount received by him under this
sub- ride; and
(ii)
the execution of a bond by each recipient with or
without security as the Collector may decide, undertaking to indemnify the
State Government against any claim for compensation or part thereof by any
other person.
(4)
If the amount deposited by the Company under
sub-rule (1), or any part thereof is not paid under sub-rule (2), the Collector
shall, as soon as practicable, refund the same to the Company.
Rule - 35. Submission of periodical reports.?
For the purpose of ensuring that the
conditions provided for in the agreement executed by the Company are complied
with, the State Government may direct the Collector, or such other officer as
the Government may appoint for the purpose, to submit to it and to the
Committee, a periodical report, at such interval of time as it may specify,
indicating the conditions which have been or have not been complied with as
well as the steps taken by the Company towards their compliance.
Rule - 36. Conditions under which sanction may be given for transfer of land.?
Where a Company for which land has been
acquired under the Act applies, for previous sanction of the State Government
for the transfer of that land or any part thereof by sale, gift, lease or
otherwise, no such sanction shall be given unless ;-
(i)
the proposed transfer of land alongwith dwelling
houses, amenities, building or work, if any, is to some other Company, or where
the company is a co-operative society, such transfer is to any or all of its
members, or
(ii)
where the land has been acquired solely for the
erection of dwelling houses for workmen employed by the Company, the proposed
transfer of the land alongwith dwelling house, if any, is to such workmen on
their dependent heirs.
Rule - 37. Special provisions in relation to Certain companies.?
(1)
When an application is made to the State Government
for acquisition of any land by a Company, other than a Company owned or
controlled by the Central Government or any State Government, such acquisition
shall ordinarily be made in accordance with the provisions of Part VII of the
Act.
(2)
Where any land is proposed to be acquired for a
Company, other than a Company owned or control by the Central Government or any
State Government, the special powers conferred on the State Government under
section 17 of Act shall not be exercisable unless it is satisfied that it is
necessary to do so in order to avoid danger to life or property or that it is
otherwise necessary to do so in public interest.
[Form
No. 1]
(See Rule
3)
Form
of Order Under Sub-Section (1) of Section 4 of Rajasthan Act 24 of 1953
Order
|
No.
|
Dated, Jaipur, the 19
|
1.
Whereas it appears to the State Government that
land in the locality described below is needed, or is likely to be needed, for
a public purpose namely .................... (purpose to be mentioned), now,
therefore, in exercise of the powers conferred by sub-section (1) of section 4
of the Rajasthan Land Acquisition Act, 1953. (Rajasthan Act 24 of 1953), the
State Government hereby requires and authorises .................. being, an
officer subordinate to it, to enter upon or into any land in the said locality
accompanied by his servants and workman, if any,
(a)
to survey and take levels of such land suitable for
such purpose,
(b)
to dig or bore into the sub-soil thereof,
(c)
to set out the boundaries of such land and the
intended line of the work, if any, proposed to be carried out thereon or
therein,
(d)
where otherwise the survey cannot be completed or
that the levels cannot be taken or the boundaries or the line cannot be set
out, to cut down and clear away any part of any standing crop, fence or jungle.
(e)
to make the levels taken or the boundaries or the
intended line of work by placing marks and cutting trenches.
(f)
to do all other acts necessary to ascertain whether
land is suitable for such public purpose, and
(g)
to inquire into and ascertain the particulars of
the persons interested in such land; provided that, as laid down in the proviso
to clause (g) of sub-section (1) of section 4, of the Act, no person shall
enter into any building or upon any enclosed court or garden attached to a
dwelling house (unless with the consent of the occupier thereof) without giving
such occupier at least seven days notice in writing of his intention to do so.
2.
the said officer making an entry as above shall, at
the time of such entry, pay or tender payment for all necessary damages to be
done to the land entered upon or into and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the
dispute for the decision of the Collector, and such decision shall be final.
3.
The said officer shall send to the Collector, as
required by sub-section (4) of section 4, a report on the result of the survey,
as to the other operations described in or carried on under sub-para (1) above,
as to the enquiries made thereunder and as to the particular land in the
locality which may be acquired for the public purpose.
Description of Locality
Note. - The description of the
locality should be so framed as to indicate, as clearly as practicable, where
the land lies in a particular village.
Copy forwarded to the;-
1.
Collector of...........(district), for information
and (a) forwarding copies order to the (i) Tehsil, and (ii) Village Panchayat
concerned for being affixed at the notice board of the Tehsil/Village
Panchayat; and
(b) getting copies of the notice
affixed at some convenient place on or near about the land and in other
conspicuous public place in the locality or by publishing the same by beat of
drum, or by advertisement in a newspaper having wide publicity in the locality,
or by any two or more than these means, and
(2) for taking action upon the receipt
of the report as required by sub-section (5) of section 4 of the Act.
2.
Department/Company for information and necessary
action with reference to.......... (Reference to be given).
[Form
No. '1-A']
(See rule
3-A)
Form
of notice under clause (i) of sub-section (5) of section 4 of Rajasthan Act 24
of 1953.
1.
.............(Head of Government Department)
2.
............. (Persons reported under clause (g) of
sub-section (1) of section 4 to be interested in the land).
Whereas in compliance with order
No................ dated....... issued by the State Government in exercise of
the powers conferred by sub-section (1) of Section 4 of the Rajasthan Land
Acquisition Act, 1953 (Rajasthan Act 24 of 1953)..............(Name of officer
with designation), has submitted his report as required by sub-section (4) of
the said section, and has reported that the land of which the description is
given below;-
Description of Land
is suitable for the public purpose as
mentioned in the said order, namely; -
...............(Purpose to be
mentioned).
Now therefore, in pursuance of the
provisions of clause (i) of sub-section (5) of section 4 of the said Act,
notice is hereby given that it is proposed to acquire the said land for the
said public purpose. Any person interested in the said land may, within thirty
days after the issue of this notice, object to the acquisition of the land in
accordance with the provisions of section 5-A of the Act, and rule 4 of the
Rajasthan Land Acquisition Rules, 1956.
Issued under my hand and seal.
Seal
Sd/- Collector
Dated..........
Order
Ordered that a copy of this notice be
affixed at the notice board of this office, and copies be also affixed at the
notice board of Tehsil .................. and the notice board of Village
Panchayat................... and a copy be also affixed at some convenient
place on or near about the land and in other conspicuous public places in the
locality of by publishing the same by beat of drums or by advertisement in a
newspaper having vide circulation in the locality or by any two or more of
these means.
|
Seal
|
|
Sd/- Collector
District...........
Date..............
|
[Form
No. 2 - Omitted]
Form
No. 3
(See rule
8)
Declaration
by Government under section 6 of Rajasthan Act XXIV of 1953.
1.
Whereas it appears to the Government of Rajasthan that
land is required to be taken by Government for a public purpose, namely.......
2.
It is hereby declared that the land described in
the specification below is required for the above purpose.
3.
This declaration is made under the provision of
section 6 of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of
1953), to all whom it may concern and after a consideration of the report of
the Collector................. received under sub-section (2) of section 5-A of
the said Act; [x x x] the Collector of........ hereby directed to
take order for the acquisition of the said land.
4.
Plans of the land may be inspected in the office of
the Collector of. district and of the Executive Engineer division...............
Specification
Khasra
Nos................Village..........Tehsil.............Khasra Nos. and areas in
acres..........
Directions and boundaries
North.................belonging
to...........S/o.......Caste........of......
East.................belonging
to...........S/o.......Caste........of......
South.................belonging
to...........S/o.......Caste........of......
West.................belonging
to...........S/o.......Caste........of......
Form
No. 4
[See rule
13]
Notice
to persons interested in the land to be acquired under Rajasthan Act XXIV of
1953
Whereas the under mentioned land is
about to be taken up for a public purpose, namely under notification of the
Government of Rajasthan No.................. dated......... published in the
Rajasthan Gazette, dated.............. all persons interested in the said land
are hereby called upon to attend personally, or by agent at (place)..........on
the.............(date).......... O'clock to state the nature of their
respective interests in the land and the amount and particulars of their claim
to compensation for such interests [and their objection, if any to the
measurements made].
This notice is issued under section 9
of Rajasthan Act XXIV of 1953.
Boundaries
|
North
|
East
|
Extent
|
|
South
|
West
|
|
Dated........ 19.
..............
(Collector)
[Form
4-A]
[See rule
16(4)]
Agreement to be executed under section
11 sub-section (3) of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act
24 of 1953).
Memorandum of agreement made this day
of between ......................... by occupation........... at present
residing at ............. hereinafter referred to as the tenant/tenants (which
expression shall unless excluded by or repugnant to the context be deemed to
include his/their respective heirs, executors and assigns) of the one part and
the Governor of Rajasthan hereinafter referred to as the Government (which
expression shall unless excluded by or repugnant to the context be deemed to
include his successor and assigns) of the other part.
Whereas the tenant/tenants is/are
possessed of or otherwise entitled to the premises/land situate
at................and more particularly described in the Schedule hereunder
written (hereinafter called 'the said property').
And Whereas the said property has been
acquired/continued under acquisition under the Rajasthan Land Acquisition Act,
1953 (hereinafter referred to as the said Act) on the.................day
of.......19.... have been taken possession of by or on behalf of or under the
authority of the Government.
And whereas the tenant's has/have
represented and informed the Government that the tenant/tenants is/are
agreeable to and alone entitled to the compensation payable in respect of the
said property and that no other person has any right to such compensation or
any part thereof.
And whereas the/Government has agreed
to pay the said compensation to the tenant's on the terms and conditions
hereinafter appearing.
And whereas the amount of compensation
payable by the Government to the tenant/tenants in respect of the said property
has been fixed at Rs.........by the Collector authorised in that behalf under
section 11 of said Act.
Now This Agreement Witnesseth as
follows;-
(1)
The Government or in its behalf the allottee who
has been given possession of the said property shall pay and the tenant/tenants
shall accept and receive a sum or Rs............ in full settlement of the
compensation for the said property as compensation for the use and acquisition
of the said land.
(2)
The said tenant/tenants shall net claim or be
entitled to any compensation other than that mentioned in clause (1) above
whatsoever in connection with the said acquisition.
(3)
The tenant/tenants shall indemnify the Government
against all distresses, actions, proceedings, claims, costs, damages and
expresses which may be levied, brought, made or incurred against the Government
or which the Government or allottee may sustain. The Government may, without
prejudice to any other rights, powers or remedies recover such amount from the
person/s as an arrears of land revenue.
(4)
All questions of difference whatsoever which may at
any time hereafter arise between the parties hereto or their respective
representatives touching these presents or construction hereof or as to any
other matter of these presents, the same shall be referred to the Collector,
whose decision shall be final and binding on the parties hereto.
(5)
The Government shall bear the stamp duty payable in
respect of this agreement.
Schedule
(Particulars
and description of property acquired)
In witness whereof.............the
person/s above named has/have set his/their hand/s and the Collector
of..............on behalf of the Governor of Rajasthan set his hand and the
seal of his office hereto the day and year first above written.
Signed and Delivered by;-
above named (persons) in the presence
of-
(1)
(2)
Signed, Sealed and Delivered by on
Behalf of the Governor; -
in the presence of-
(1)..........
(2)..........
Form
No. 5
(See rule
24)
Form
of notice under section 12(3) and 31 (1) of Rajasthan Act XXIV of 1953.
Notice is hereby given that in the
above case, in which you have been treated as a person interested, an award was
made by me on the...... of 19..... : under section 11 of Rajasthan Act XXIV of
1953 The sum payable to you is Rs........ If you are willing to accept it, you
should appear before me personally, or by authorised agent on or
before............19.... Interest will not be payable in case of failure to
appear.
Dated.............. 19 .
....................
(Collector)