The Rajasthan Land Reforms and Acquisition of Land
Owners Estates Rules, 1964
[29 July 1964]
Published vide
Notification No. F. 19(29) Revenue/A/60, dated 29-7-1964; Published in the
Rajasthan Gazette Part 4-C, Extraordinary, dated 30-7-64
In exercise of
the powers conferred by section 30 of the Rajasthan Land Reforms and
Acquisition of Landowners' Estates Act,
1963 (Rajasthan Act No. 11 of 1964), the State Government hereby makes the
following rules, namely:-
Rule - 1. Short title and commencement.?
(1)
These rules may be called the Rajasthan
Land Reforms and Acquisition of landowners' Estates Rules, 1964.
(2)
They shall come into force at once.
Rule - 2. Interpretation.?
In these rules,
unless the context otherwise requires,-
(1)
the 'Act' means the Rajasthan Land
Reforms and Acquisition of Landowners' Estates Act, 1963;
(2)
'Collectors' means the Collector of the
District in which a landowner permanently resides whether or not the whole of
his estate is situate within that district;
(3)
'Form' means a form appended to these
rules;
(4)
'Section' means a section of the Act.
Rule - 3. Issue of notice under section 3.?
To enable the
Collector to discharge the duty imposed on him by sections 3 and 4 of the Act,
the Collector shall, [within sixty days of the
commencement of these rules].
(a)
Scrutinise the inventories in respect
of every landowner residing in his district and prepare a statement of the
lands liable to assessment under section 3 of the Act;
(b)
call for a report from the Tehsildars
and the Settlement Department as to-
(i)
whether such lands are settled;
(ii)
the rents in respect of settled lands
as entered in the revenue record of the village;
(iii)
the prevailing rent-rates in the
locality of khudkasht 01-other lands that have not been assessed; and
(c)
issue a notice, in form 'A', to every
landowner permanently residing in his district requiring him to furnish a
statement in form B, of the rental income from his estate.
Rule - 4. Examination and preparation of statement of Income.?
(1)
Upon receipt of the statement of income
in form 'B', the Collector shall examine the same with reference to the
statement prepared under clause (a), and the reports received under clause (b),
of rule 3.
(2)
If such a statement in respect of any
estate is not received by the Collector within the period specified in the
notice issued under rule 3, the Collector shall immediately proceed to prepare
the statement himself and make such further enquiry as may be necessary.
Rule - 5. Power to examine witnesses and receive evidence.?
The Collector
may examine witnesses and receive and admit in evidence the revenue records of
the landowner, receipts for rents and other documents produced by or on behalf
of the landowner or his tenants and other persons and for that purpose the
Collector may exercise all the powers conferred on him by section 24 of the
Act.
Rule - 6. Representation of landowner and Government at enquiries.?
At every such
enquiry or examination, the landowner may, if he so desires, appear in person or
by a recognised agent; and the Collector may, if he considers it necessary,
require any officer subordinate to him, not lower in rank to a Tehsildar, to
represent Government interest at such enquiry.
Rule - 7. Hearing of objections and final determination by Collector.?
(1)
The Collector shall, upon completion of
the enquiry and hearing of objections, determine the amount of rental income
under section 4 or section 5, as the case may be. If the landowner has failed
to furnish a statement under sub-section (1) of section 5 and clause (c) of
rule 3, or where the Collector has reason to believe that in any such statement
the landowner has concealed any rental income or deliberately furnished in
accurate particulars thereof the Collector shall determine the rental income
from the estate after holding such enquiry, as he deems fit.
(2)
If the estate or any part thereof has
been settled after the date of vesting but before the determination of
compensation under section 15, the income from agricultural land shall be calculated
on the basis of the sanctioned rent rates for the assessment circle or circles
in which the estate is situate; and the income from grazing dues shall be
calculated at the sanctioned rate of grazing fee in some neighbouring
Government forests or pasture land.
Rule - 8. [2]Manner of recovery of possession.?
If the landowner
and any other person claiming through him in his estate fails to deliver the
possession of the estate acquired under section 7 of the Act, the Collector
shall recover its possession from the landowner and such other person by
proclaiming the fact of the taking over possession of the estate
by beat of drum near the estate and by affixing a notice to that effect on the
notice boards of the offices of the Collector and the concerned tehsil and at a
conspicuous place near the estate acquired and the recovery of possession of
the estate in such manner shall, for all purposes, be effective as against the
landowner and every other person claiming through him in his estate].
Rule - 9. Sub-mission of list of private lands, buildings etc.?
(1)
The landowner shall, while delivering
the records mentioned in [Section 9] also file
a list of the properties that he claims as his private and personal properties
under sub-section (1) of section 10 of the Act. Such lists shall be filed in
triplicate.
(2)
One copy of the list shall be forwarded
by the Collector to the Government in the Revenue Department for information
and the other copy shall be got affixed on the notice board of the Tehsil
concerned; and Collector shall inform the Municipal Board or Village Panchayat
concerned that they may see the list in the Tehsil and submit their objections,
if any, to the inclusion of any property or part thereof, to the Sub-Divisional
Officer within a specified period not exceeding one month.
(3)
The Sub-Divisional Officer may extend
the time by another thirty days, if he is satisfied that there are sufficient
grounds for doing so, and shall submit the objections received from the
Municipal Board or the Village Panchayat with his opinion to the Compensation
Commissioner through the Collector.
Rule - 10. Inquiry by Compensation Commissioner in the matter of private properties of landowners.?
Upon receipt of
the Sub-Divisional Officer's report under rule 9, through the Collector, the
Compensation Commissioner shall, after such further inquiry as he may consider necessary and after
giving an opportunity of being heard if they so desire, to the landowner, the
Government, the Municipal Board or the Village Panchayat pass order as laid
down in sub-section (2) of section 10.
Rule - 11. [4]Rate of interest on the amount recovered in contravention of sub-section (1) of section 11.?
The rate at
which interest shall be paid by the landowner on the amount of rent, cess or
other dues recovered by him in contravention of sub-section (1) of section 11
and which he has failed to refund within the time specified in sub-section
(1-A) of the said section shall be six per cent per annum.]
Rule - [5]12. Imposition of penalty.?
In fixing the
amount of penalty under sub-section (2) of section 11, the Collector shall take
into consideration the following matters:-
(a)
the date of recovery;
(b)
the period for which the amount
recovered was due;
(c)
the amount recovered; and
(d)
the circumstances under which the
amount was recovered],
Rule - 13. [6]Appropriation of amount of rent cess and other dues.?
The amount of
any rent, cess or other dues refunded by the landowner under sub-section (1-A)
or sub-section (2) of section 11 or recovered from him under sub-section (3) of
the said section shall be appropriated by the Collector as against the arrears
of rent cess or other dues due to the Government under clause (c) of
sub-section (1) of section 8 of the Act.]
Rule - 14. Application by religious institution for grant under section 13.?
An application
by a religious institution which was receiving from the income of any estate
acquired under the Act a grant of money for a period exceeding six years from
the date of acquisition shall be in form 'C' and shall be submitted in
duplicate.
Rule - 15. Inquiry and disposal of application made under rule 14.?
(1)
On receipt of an application under
section 13 of the Act and rule 14 of these rules, the Collector shall forward
the duplicate copy of the application to the Assistant Commissioner, Devasthan,
concerned for an inquiry and report as to the correctness or otherwise of the
statements made in the application.
(2)
The Assistant Commissioner shall
complete the inquiry and submit his report to the Collector within two months
of the receipt of the order.
(3)
On receipt of the Assistant
Commissioner's report and after such further inquiry if any, as he may deem fit
to make, the Collector shall forward the application, alongwith the record of
the case, and his own recommendation, to the Secretary to Government in the
Revenue Department, for the orders of the Government.
Rule - 16. Utilisation of acquired estates.?
(1)
The Government shall reserve such
extent of the land comprised in the estates acquired by or vesting in it under
section 7 as may be necessary for purposes directed towards the promotion of
agriculture or the welfare of the agricultural population to be settled on such
lands.
(2)
Fifty percent of the land remaining
after the reservation mentioned in sub-rule (1), shall be allotted to landless
persons, agriculturists and agricultural laborers belonging to the scheduled
caste and the scheduled tribe and the remaining land shall be allotted to other
landless persons, agriculturists and agricultural laborers according to the
order of priority specified in sub-rule, (3).
(3)
In making allotment of land under
sub-rule (2), the following order of priority shall be observed :-
(a)
A landless person or agricultural
laborer who is in possession of the land under a transfer by the landowner
which is not recognised under clause (i) of section 7A or which is null and
void under clause (ii) of the said section.
(b)
Co-operative agricultural society.
(c)
A landless person who is a member of
Armed Forces of the Union of India.
(d)
A landless person or agricultural
laborer residing in the village in which the land vested is situated and who
does not hold any land whether in his own name or in the name of any member of
his joint family.
(e)
Other landless person and agricultural
laborer residing in the village in which the land vested is situated.
(f)
A tenant of contiguous plot of land
holding landless than the ceiling area applicable to him.
(g)
Any other landless person:
Provided that if
there are more than one applicant belonging to the categories mentioned in
clauses (b) to (g) for the same land, allotment shall be made to the applicant
whose application was received first.
(4)
In areas other than those covered by
sub-rule (5) allotment shall be made by the Sub-Divisional Officer exercising
jurisdiction in the areas where land is situated .
(5)
The allottee shall have to pay the
price of land allotted to him proportionate to the amount of compensation paid
by the Government to the landowner for the land allotted to the allottee. In
addition to the price of the land, the allottee shall also be liable to pay
compensation for an improvement existing on the land as may be determined by
the sub-Divisional Officer having regard to the provisions contained in section
75 of the Rajasthan Tenancy Act, 1955 and also compensation for the trees standing
thereon at the rate prescribed under section 80 of the said Act.
(6)
Tire initial allotment of land shall be
on Ghair Khatedari tenure but on full payment of the price and compensation
referred to in sub-rule (5) by the allottee, he shall be conferred Khatedari
rights and become entitled to all the rights and subject to all the liabilities
of a Khatedari tenant under the Rajasthan Tenancy Act, 1955.
(7)
The allotment of land shall be subject
to the payment of rent at sanctioned rent rate applicable to the land:
Provided that if
the existing assessment of the land is at the rate applicable to uncultivated
land, the allottee shall have to pay rent at the rate applicable to the lowest
class of cultivated land to which it will on cultivation belong.
(8)
Notwithstanding anything to the
contrary contained in these rules, allotment in area to which the Rajasthan
Colonisation Act, 1954 (Rajasthan Act XXVII of 1954) applies shall be made in
accordance with the rules made and subject to the statement of conditions issued
under the Rajasthan Colonisation Act, 1954 for allotment of land in such areas.
Rule - 17.[7] Statement of claim for compensation.?
The statement of
claim for compensation to be filed under sub-section (1) of section 14 of the
Act shall be in form 'D' and shall be tiled in duplicate. It shall be signed by
the landowner himself provided that the Compensation Commissioner may entertain
a statement signed by any other person duly authorised by the landowner].
Rule - 18. [8]Other sources of income to be included in gross income.?
In addition to
the sources of income specified in sub-clauses (a) to (e) of clause 2 of the
schedule appended to the Act, the following other sources of income shall, for
the purpose of calculating the gross income of the landowner, be included,
namely:-
(a)
income from irrigation charges realised
in respect of tanks, lakes, ponds, rivers and water channels held for purposes
of irrigation calculated on the basis of average income therefrom for three
years preceding the basic year;
(b)
income from landing grounds or strips
calculated on the basis of average income therefrom for three years preceding
the basic year; and
(c)
income from shikargah calculated on the
basis of average income therefrom for three years preceding the basic year].
Rule - 19. [9]Determination of compensation and amount recoverable from landowner.?
In order to
determine provisionally or finally the amount of compensation and the amount
recoverable from the landowner under clause (e) of sub-section (1) of section 8
and the schedule appended to the Act, the Compensation Commissioner shall,
without prejudice to any other provision contained in the Act, have power to-
(a)
call for any information or report from
any officer or authority relevant to the matters specified in section 15 and
the schedule to the Act;
(b)
call for or receive from any Officer or
Authority statement regarding the amount recoverable from the landowner under
clause (e) of sub-section (1) of section 8 and the schedule together with
documents in support thereof;
(c)
require the landowner to produce any
register, record, document or other evidence as may be in his possession or
power, and
(d)
examine the landowner, tenants or other
persons on matters relevant to enquiry before him],
Rule - 20. Form of final order under section 15(2).?
The Compensation
Commissioner's final order under sub-section (2) oi section 15 of the Act shall be
in [Form
'E'].
Rule - 21. Statement of claim for annuity in perpetuity under clause 6 of the schedule to the Act.?
A statement of
claim for an annuity in perpetuity under clause 6 of the Schedule to the Act
shall be filed in [Form 'F'] and shall
be in duplicate.
Rule - 22. Determination of annuity in perpetuity under clause 6 of the schedule.?
(1)
On receipt of a statement of claim
in [Form
F] for an annuity perpetuity under clause 6 of the schedule to the Act,
the Collector shall issue a notice in [Form 'G'].
(2)
The notice shall be served in
accordance with rule 28, and a copy of the notice shall also be served on the
landowner who made the grant in respect of which the annuity is claimed.
(3)
On receipt of objections, if any, or on
the expiry of the period of notice, the Collector shall proceed to determine
the amount of annuity in perpetuity payable in accordance with the provisions
of clause 6 of the Schedule to the Act, and necessary deductions shall be made
from the amount of compensation to be paid to the landowner who made the grant.
(4)
For determining the amount of annuity
in perpetuity [Form 'E'] may be
used. The amount of annuity in perpetuity shall be equal to the amount arrived
at by deducting the grand total of the deductions to be made from the grand
total of the gross income for the basic year determined under clause 2 of the
schedule to the Act.
(5)
A certificate for the payment of the
annuity in perpetuity shall be issued in [Form 'H'].
Rule - 23. Payment of annuity in perpetuity.?
(1)
The annuity in perpetuity payable under
clause 6 of the schedule shall be paid in cash from the Government Treasury or
sub-Treasure in which the institution for which the annuity is made is
situated.
(2)
The order of the Devasthan Commissioner
or the Director of Education, as the case may be, for payment of the annuity
shall be [Form
I] and the amount shall be drawn on a bill in [Form J] and shall be
paid in the following manner :-
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(i)
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In the case of Muslim Wakf.
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To the Mutwali as defined in the
Wakfs Act, 1954 (Central) Act XXIX of 1954), who is, or may hereafter, be
recognised, in accordance with law as being charged for the time being with
the duty of maintenance of the institution or the place of worship or the
performance of the religious service:
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Provided that in the event of a
dispute as to succession to the office of Mutwali, the amount shall be paid
to the Board of Wakfs, Rajasthan established under section 9 of the said Act.
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(ii)
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In the case of a public trust as defined
in the Rajasthan Public Trust Act, 1959. (Rajasthan Act 42 of 1959).
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To the trustee or other person who
is, or may hereafter, be recognised in accordance with law as being charged
for the time being with the duty of maintenance of the institution or the
place of worship or the performance of the religious service:
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Provided that in the event of a
dispute to succession to the office of the trustee or other person, the
amount shall be paid to the Devasthan Commissioner:
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Provided further that if a Committee
of management has been constituted for a public trust under section 53 of the
Rajasthan Public Trust Act, 1959, (Rajasthan Act 42 of 1959) the payment
shall be made to such committee of management.
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(iii)
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If the grant was made for an
educational purpose.
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To the person who is, or may
hereafter be recognised, in accordance with law, as being charged for the
time being the duty of maintenance of such institution:
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Provided that in the event of a
dispute in regard to the person who is so charged, the amount shall be paid
to the Director of Education concerned.
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Rule - 24. Certificate of payment of Compensation.?
(1)
A certificate in duplicate shall be
prepared by the Compensation Commissioner in [Form K], showing the
total amount of compensation payable the arrears of Government dues to be
deducted from the amount of each instalment, and the interest thereon, and the
date on which, and the Treasury or the Sub-Treasury at which, the annual
instalment will be payable to the landowner.
(2)
One copy of the certificate shall be
issued to the land owner, the second copy shall be issued to the Secretary to
the Government, Revenue Department, the third copy shall be sent to the
Accountant General, Rajasthan, and the fourth copy shall be kept on the file in
the office of the Compensation Commissioner.
Rule - 25. Date of payment of instalment.?
The payment of
each instalment shall become due on the date noted in the certificate issued
under rule 24 or on the next working day if that date happens to be holiday.
Rule - 26. Form of Compensation.?
All Compensation
payable under the Act shall be given in cash.
Rule - 27. Enquiries.?
How to be
conducted. - All enquiries under the Act, shall, unless otherwise specifically
provided therein or in these rules, be conducted:-
(a)
In contested
cases. - In the manner provided by law for the trial of a suit in a
Revenue Court: and
(b)
In other
cases. - In the manner provided by law for the trial of an application by
a Revenue Court.
Rule - 28. Mode of service of notice or order.?
Every notice or
order under the Act or under these rules may be served either by tendering or
delivering a copy thereof or sending such copy by post in a cover registered
under the Indian Post Office Act, 1898 (Central Act VI of 1898) to the person
on whom it is to be served or his authorised agent, or if service in the manner
aforesaid cannot, be made, by affixing a copy thereof at his last known place,
of residence or at some place of public resort in the village in which the land
to which the notice relates is situated.
Rule - 29. Court fee.?
The court fee on
applications and appeals under the Act shall be the same as is provided for the
time being for application and appeals presented to a Revenue Court, and
process fees shall be payable in respect of a notice issued under the Act, as
if they were processes issued by a Revenue Court.
Rule - 30. Inspections and Copies .?
(1)
Inspection of all documents statements
and registers maintained under the Act or under these rules shall be allowed on
application to the Compensation Commissioner, or the Collector, as the case may
be during office hours on working days, on payment of the same fees as are
prescribed for the inspection of revenue record, statements and registers
maintained by the collector under rules in force for the time being:
Provided that
inspection for official purposes shall be allowed free of charge.
(1)
Copies of such documents, statements
and registers may be issued under the orders of the Compensation commissioner,
or the Collector, as the case may be, on payment of the same fees as are
prescribed for the issue of a copy of the revenue record, registers and
statements maintained by the collector under the rules in force for the time
being:
(2)
Provided that no fees shall be charged
for copies required for official use.
Form 'A'
[See Rule 3]
Notice under rule 3 of the Rajasthan Land Reforms and Acquisition of
Landowners' Estates Rules, 1964.
From:
The Collector of
........... District.
To:
...............................................
(full name and title
of the landowner to be mentioned)
Whereas the
Rajasthan Land Reforms and Acquisition of Landowners' Estates Act, 1963, has
come into force from the 13th April, 1964 and every estate as defined in clause
(b) of section 2 of the said Act, of very landowner, as defined in clause (g)
ibid, Ls liable to the payment of land revenue to the State Government as from
the 1st of April, 1963, and till the day immediately preceding its acquisition by
a notification under section 7 of the Act:
And Whereas I
................... (name) Collector of ............... (name of district to be
mentioned) am required by sub-section (2) of section 3 of the said Act to
assess the land revenue payable in respect of your estate and to determine
under sub-section (1) of section 4, the rental income from such estate;
You are, hereby
requested kindly to furnish, within sixty days of the receipt of this notice, a
statement in form 'B' (copy attached) of the rental income from all the
villages and lands forming part of your estate.
Kindly note that
if the statement of rental income is not furnished within the period specified
above, I shall, as empowered by sub-section (3) of section 5 of the Act,
proceed to determine the rental income in accordance with the provisions of the
said sub-section of the said section.
I have also to
invite your attention to the provisions of sub-section (4) of section 5 of the
Act, which lays down that the statement furnished by a landowner may be used
against him for the purpose of determining the compensation payable on the
acquisition of his estate.
Given under my
hand and the seal of the Court this day of ......... 19 .....
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Seal of the Court
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Signature of Collector
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Form 'B'
[See Rule 3(c)]
Statement of rental income for assessment of land revenue under section
3 of Rajasthan Act No. 11 of 1964.
From:
.................................................
.................................................
(Name and address of
landowner)
To:
The Collector of
................................. (District)
Dear Sir,
In response to
your notice dated the..............I hereby furnish the following statement of
the rental income of my estate for the purpose of assessment of land revenue:
Name of landowner
..........................
Date of
acquisition .......................
Particulars of Estate
Part A - Settled villages and lands
(1)
Name of village, with name of tehsil
..................
(2)
Whether whole (Salim) village belongs
to the landowner or only specified areas. If the later is the case, the Khasra
numbers of all such areas ....................................
(3)
Total area of the village/land in
acres, with particulars of occupied and unoccupied area a
...............................
(4)
Total irrigated area in acres,
irrigation source-wise e.g. Chahi, Nahri, Talabi, etc. ...................
(5)
Total area of each soil class in the
village/land in acre .....
(6)
Soil class-wise rent rates, if known
.....................
(7)
Total rent, as assessed by Settlement
Officer and as entered iii the revenue record of the village
........................
(8)
Particulars of lands under the personal
cultivation of the landowner and total area with total area of each soil class
irrigated and un-irrigated .......................
(9)
Income from rents actually realised
from tenants in respect of occupied lands ............................
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(10) Total rent of Sayar realised
from unoccupied lands.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(11) Total rents that would have been
payable for land under personal cultivation of the landowner fit prevailing
rent rates.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(12) Income from grazing dues.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(13) Income from forest dues.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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[(14) Income
from irrigation charges of tanks, lakes, ponds, rivers and water channels
held for purposes of irrigation.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(15) Income from landing grounds or
strips.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(16) Income from Shikargah.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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Part B - Unsettled villages and lands.
(1)
Name of village, with name of tehsil.
(2)
Whether whole (Salim) village belongs
to the landowner or only specified areas. If the later is the case, the Khasra
numbers of all such areas.
(3)
Total area of village/land in acres,
with particulars of occupied and unoccupied area.
(4)
Total irrigated area in acres,
irrigation source-wise e.g. Chahi, Nahri, Talabi, etc.
(5)
Income from rents actually realised
from tenants in respect of occupied lands with particulars whether realised in
cash or in kind; and if the latter, the share of produce taken.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(6) Total rent or Sayar realised from
unoccupied lands on rent-rates prevailing in neighbouring settled villages/
lands.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(7) Total rents that would have been
payable for land under personal cultivation of the landowner at prevailing
rent- rates in the locality.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
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2
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3
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4
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5
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(8) Income from grazing dues.
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1960-61
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1961-62
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1962-63
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Total for three years
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Yearly average
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1
|
2
|
3
|
4
|
5
|
|
(9) Income from forest dues.
|
|
1960-61
|
1961-62
|
1962-63
|
Total for three years
|
Yearly average
|
|
1
|
2
|
3
|
4
|
5
|
|
(10) Income from irrigation charges
of tanks, lakes, ponds, river and water channels held for purposes of
irrigation.
|
|
1960-61
|
1961-62
|
1962-63
|
Total for three years
|
Yearly average
|
|
1
|
2
|
3
|
4
|
5
|
|
(11) Income from landing grounds or
strips.
|
|
1960-61
|
1961-62
|
1962-63
|
Total for three years
|
Yearly average
|
|
1
|
2
|
3
|
4
|
5
|
|
(12) Income from Shikargah.
|
|
1960-61
|
1961-62
|
1962-63
|
Total for three years
|
Yearly average]
|
|
1
|
2
|
3
|
4
|
5
|
Certified that
the entries in this statement are true to the best of my knowledge and belief.
Signature of landowner with date
.................................................
Form 'C'
(See Rule 14)
Application by religious institution for grant under section 13 of
Rajasthan Act, 11 of 1964.
To
The Secretary to
the Government of Rajasthan, Revenue
Department
through the Collector of ....................
...................
District.
Sir,
This is an
application for a grant under section 13 of the Rajasthan Land Reforms and
Acquisition of Landowners' Estate Act, 1963, and rule 14 of the Rajasthan Land
Reforms and Acquisition of Landowners' Estate Rules, 1964.
2. The required
particulars are given below:-
(1)
Name of religious institution (temple,
mosque, church, gurdwara, etc.) with name of place and particulars of locality
where situated.
(2)
Whether the religious institution is
open to the general public or only to some specified community or whether it is
a private religious institution of the landowner.
(3)
Whether it has been registered as a
public trust under the Rajasthan Public Trust Act, 1959 (Rajasthan Act 42 of
1959), if so number and date of registration certificate.
(4)
The date of the order, if any, where
the landowner first made the grant to the religious institution, (a certified
copy of the order should be attached), and whether the grant originally made by
the landowner was being received by the religious institution regularly for a
period of six years from the date of the acquisition of the estate.
(5)
The approximate value of the immovable
property held by the religious institution.
(6)
The average annual income of the
religious institution from all sources, such as the rent etc. of its immovable
property investment, offerings etc.
(7)
The average yearly expenditure of the
religious institution.
(8)
The name and particulars of the working
trustee, manager or other person charged with the duty of maintenance of the
religious institution or its worship, to whom the grant if sanction will be
payable.
3. I request
that the Government may be pleased to make a grant from the Consolidated Fund
of the State.
Signature
................
Date
.......................
Verification
I solemnly
verify that the statements made in the above application are true to the best
of my knowledge and belief; and that I have stated the truth and have not
suppressed or concealed any fact.
Signature
................
Date
.......................
Form 'D'
[See Rule [17]]
Statement of claim for compensation under Section 14(1) of the Rajasthan
Land Reforms and Acquisition of Landowners' Estate Act, 1963.
Part A - (General)
|
1.
|
Name of estate-holder with address
|
....................................
|
|
2.
|
Name and description of the estate
and name of district
|
....................................
|
|
3.
|
Date of vesting of estate (see
sub-section (3) of section 7 of the Act)
|
....................................
|
|
4.
|
Basic year (see clause 1 of the
Schedule to Rajasthan Act. 11 of 1964)
|
....................................
|
|
5.
|
Date of filing of this statement
|
....................................
|
Part B - (Particulars of Estate)
|
1.
|
Names of villages comprised in the
estate or in which lands forming part of the estate are situated
|
..................................
|
|
(i)
|
S. No.
|
..................................
|
|
(ii)
|
Name of village with name of Tehsil
|
..................................
|
|
(iii)
|
Whether whole village is held or only
a part; and if the latter, Khasra numbers
|
..................................
|
|
2.
|
(i)
|
Total area of estate including land
under personal cultivation of the landowner in Bighas/ acres.
|
..................................
|
|
Occupied
|
Unoccupied
|
Total
|
Cultivated
|
|
1
|
2
|
3
|
4
|
|
Un-cultivated
|
Irrigated
|
Un-irrigated
|
|
1
|
2
|
3
|
Total area of each soil class.
|
(ii)
|
Area of estate under personal
cultivation of landowner
|
..................................
|
|
3.
|
Sanctioned rent-rates
|
..................................
|
Part C - (Details of Gross Income)
|
1.
|
Income from land revenue and rents
|
..................................
|
|
(i)
|
From land under personal cultivation
of the landowner
|
..................................
|
|
(ii)
|
Rent from other tenants (see section
4 of the Act). If the rent was not realised in accordance with the cash rent
determined by the Settlement Officer, particulars of the rate at which rent
was realised and if the rent was realised in kind, the share of produce
should be given
|
..................................
|
|
(iii)
|
Revenue or rent received from
grantees, if any
|
..................................
|
|
(iv)
|
Average income during three years
preceding the basic year
|
..................................
|
|
1st year
|
2nd year
|
3rd year
|
Average of 3 years
|
|
Rs.
|
P.
|
Rs.
|
P.
|
Rs.
|
P.
|
Rs.
|
P.
|
|
|
|
|
|
|
|
|
(a)
Income from Forests.
(b)
Income from grazing fees. The scale of
grazing fees prescribed by Government and the scale of grazing fees realised by
the landowner should be specifically mentioned.
(c)
[xxx]
[Income from
other non-agricultural uses of land, e.g. market fees, sale of fishing rights
and the like, but not including rents from houses or village sites.
(d)
[Average income
from conversion of culturable land into Abadi and vice versa and from sale of
culturable and Abadi land on the basis of average income therefrom during the
20 years immediately preceding the basic year (vide details given in the
statement attached.)
(e)
[Average income
from irrigation charges realised in respect of tanks, lakes, ponds, rivers and
water channels held for purpose of irrigation calculated on the basis of
average income therefrom for three years preceding the basic year.
(e)
Average income from landing grounds or
strips calculated on the basis of average income therefrom for three years
preceding the basic year.
(f)
Average income from Shikargah
calculated on the basis of average income therefrom for three years preceding
the basic year.]
Part D - (Deductions to be made)
(1)
Land revenue and other sums of
recurring nature, e.g., agricultural income-tax, other taxes, cesses, etc. due
to the Government ......................
(2)
Revenue, rents, cesses or other dues
for the agricultural year in which the date of vesting falls recovered by the
landowner before the said date (vide clause (d) of sub-section (1) of section 8
of the Act.)
(3)
Arrears of revenue, cesses or other
dues in respect of the estates due from the landowner for any period prior to
the date of vesting (vide clause (e) of sub-section (1) of Section 8)
..................
(4)
Administrative charges inclusive of
cost of collection, maintenance of land records, management of estate and
irrecoverable arrears of rent at twenty five per cent of the gross income.
Part E - (Particulars of documents is support
of the Statement of claim)
See sub-section (3) of section 14 of the Act. (Particulars to be
given).
Signature
..............
Date .........
Verification
I verify that
the entries made in the statements are correct to the best of my knowledge and
belief; and that no other claim has been made or remains to be made on account
of the acquisition of my
estate.
Signature ..............
Date .........
[Form 'E']
(See Rule 20)
Form of final order under section 15(2) of Rajasthan Act No. 11 of 1964.
1.
Name and description of Estate
..............
2.
Name and address of landowner
...............
3.
Date of vesting ................
4.
Basic year ....................
Part I ? Income
|
(a)
|
Income from land revenue and rents
determined in accordance with the provisions of section 4 and 5 of the Act
|
..................................
|
|
(b)
|
Income from forests calculated on the
basis of average yield for 3 years preceding the basic year
|
..................................
|
|
(c)
|
Income from grazing dues calculated
on the basis of average yield for 3 years preceding the basic year, subject
to the provisions of item (c) of clause 2 of the schedule to the Act
|
..................................
|
|
[(d)]
|
Income from other non agricultural
uses of land calculated on the basis of average yield for 3 years preceding
the basic year
|
..................................
|
|
[(e)]
|
Income from conversion of culturable
land into Abadi and vice-versa and from sale of culturable or Abadi land
calculated on the basis of average income therefrom during 20 years
immediately preceding the basic year
|
..................................
|
|
Gross income under all heads (a) to
(f)
|
..................................
|
|
[(f)
|
Income from irrigation charges
realised in respect of tanks, lakes, ponds, rivers and water channels held
for purposes of irrigation calculated on the basis of average income
therefrom for three years preceding the basic year
|
..................................
|
|
(g)
|
Income from landing grounds or strip
calculated on the basis of average income therefrom for three years preceding
the basic year
|
..................................
|
|
(h)
|
Income from Shikargah calculated on
the basis of average income therefrom for three years preceding the basic
year]
|
..................................
|
Part II - Dues & deductions, Net Income
|
(1)
|
Sums of recurring nature due to the
Government from the landowner for the basic year on account of land revenue,
agricultural income-tax, other taxes, rents and cesses
|
..................................
|
|
(2)
|
Administrative charges inclusive of
the cost of collection maintenance of land records, management of estate and
irrecoverable arrears of rent @ 25% of the gross income
|
..................................
|
|
Total of items (1) & (2)
|
..................................
|
|
(3)
|
Net income (total of gross income
under all heads minus total of deductions)
|
..................................
|
Part III ? Compensation
|
(1)
|
Total amount of compensation payable
(Net income multiplied by 7 equal to
|
..................................
|
|
(2)
|
Arrears of revenue, cesses or other
dues in respect of the estate due from the landowner for any period prior to the
date of vesting, including revenue, rent, cesses or other dues for the
agricultural year in which the date of vesting falls, recovered by the
landowner before the said date
|
..................................
|
|
(3)
|
Net amount actually payable mentioned
at S. No. (1) minus the amount of S. No. (2) equal to
|
..................................
|
|
(4)
|
Annual instalment (amount mentioned
at S. No. (3) divided by 30)
|
..................................
|
|
(5)
|
Rate of interest @ 2-?% per annum
simple interest from date of vesting till the date of payment
|
..................................
|
|
Date
Seal
|
Compensation Commissioner Rajasthan
|
[Form 'F']
(See Rule 21)
Statement of claim for annuity in perpetuity under clause 6 of the
Schedule to Rajasthan Act 11 of 1964.
To
The Compensation
Commissioner, Rajasthan.,.....................(name of head-quarter to be
mentioned).
Sir,
I hereby apply
for payment of an annuity in perpetuity under clause 6 of the Schedule to the
Rajasthan Land Reforms and Acquisition of Land-owners' Estates Act, 1963. The
required particulars are given below:-
|
(1)
|
Name of applicant with parentage, age
and full address
|
..................................
|
|
(2)
|
Name of religious/educational/
charitable institution/purpose/service for which the grant was made (full
particulars to be given)
|
..................................
|
|
(3)
|
Name and address of the landowner who
made the grant
|
..................................
|
|
(4)
|
Date on which the grant was made
|
..................................
|
|
(5)
|
Particulars of grant:-
|
|
|
(i)
|
Name of village with name of Tehsil
and name of District
|
..................................
|
|
(ii)
|
Khevat numbers, if any
|
..................................
|
|
(iii)
|
Khasra numbers
|
..................................
|
|
(iv)
|
Area in Bighas/acres
|
..................................
|
|
(v)
|
Soil-class
|
..................................
|
|
(vi)
|
Annual rent
|
..................................
|
|
(6)
|
Date of vesting of the estate (see
sub-section (3) of section 7 of the Act)
|
..................................
|
|
(7)
|
Basic year (see clause 1 of the
Schedule to the Act)
|
..................................
|
|
(8)
|
Date of submission of this claim for
annuity
|
..................................
|
|
(9)
|
Name of the person who is at present
charged with the duty of maintenance of the institution or place of worship
or the performance of the service: and name of authority who made the
appointment together with particulars of the order
|
..................................
|
The particulars
of income, dues and deductions and other particulars as per form 'B' appended
to the Rajasthan Land Reforms and Acquisition of Landowners Estates Rules, 1964
are attached.
Yours faithfully
Verification
I solemnly
verify that the statements made in the above application and the appended forms
are true to the best of my knowledge and belief: and that I have stated the
truth and have not suppressed or concealed any fact.
Signature
1.
Witness
2.
Witness
Dated
.............
Place
.............
[Form 'G']
(See Rule 22)
Notice inviting objections to claim for annuity in perpetuity under
clause 6 of the Schedule to Rajasthan Act 11 of 1964.
Whereas Shri.
.......................... S/o. ................. Resident of..............
Tehsil ............. District............who claims to hold a grant made,
before the first day of July, 1959, by Shri. .......... (who is a Landowner,
within the meaning of clause (g) of section 2 of the Rajasthan Land Reforms and
Acquisition of Landowners' Estates Act 1963 ...............(Rajasthan Act II of
1964) for the maintenance of ............. institution/purpose/service, (full
particulars to be given), has applied under clause 6 of the Schedule to the
said Act and rule 21 of the Rajasthan Land Reforms and Acquisition of Land
owners' Estates Rules, 1964, for an annuity in perpetuity, notice is hereby
given to all concerned of the said claim and objections are hereby invited.
All objections
should be filed in my court on or before.........(date to be mentioned) when
the claim will be taken up for determination.
Notice is also
hereby given to the said ................. landowner, by whom the grant is
alleged to have been made, to show cause, on or before the said date, why that
part of the estate covered by the alleged grant should not be excluded in
assessing the amount of compensation payable for the abolition of the said
estate.
Take notice that
if no objections are filed by the said date, the undersigned will pass suitable
orders.
Given under my
hand and the seal of this court on .............. (date) of the month
of............19.....
Compensation
Commissioner
[Form 'H']
[See rule 22(5)]
Office of the Compensation Commissioner, Rajasthan.
Certificate for
the payment of annuity in perpetuity under clause 6 of the Schedule to the
Rajasthan Land Reforms and Acquisition of Landowners' Estates Act, 1963.
Name of the
estate.................................
Tehsil
.................... District ...................
Name of the
Institution ...........................
Claim No.
.............................................
This is to
certify that ..................... (Name of the Institution), being an (Nature
of the Institution whether Religious, Educational or Charitable)
................. institution has been held under clause 6 of the Rajasthan
Land Reforms and Acquisition of Landowners' Estate Act, 1963, to be entitled to
an annuity in perpetuity of Rs. ..................... (in words) on account of
acquisition of the estate noted above with effect from ..................... 19
..................... (dated).
The annuity will
be paid to the said institution by the Devasthan Commissioner/Director of
Education, Rajasthan, debitable to his Budget grant commencing one year from
the date of acquisition of the estate noted above.
Issued this
............ day of the month of ........................... of the year
............... under my hand and the seal of this court.
Compensation
Commissioner
[Form 'I']
[See rule 23(2)]
Order for Payment of annuity in perpetuity
From:
The Director of
Education,
Rajasthan,
Bikaner,
Or
The Devasthan
Commissioner,
Rajasthan,
Udaipur.
To:
The Collector,
Or
The Tehsildar,
....................
Sub:- Payment of annuity in perpetuity to institutions in lieu of grants
made by landowners.
Ref:- Certificate No dated issued by the Compensation Commissioner.
Sir,
In pursuance of
the certificate mentioned above, sanction is hereby accorded to the
disbursement of an annuity of Rs. ............. (in words) to .............
(Name of Institution) every year, on ............. (date) commencing from .............
day and till further orders.
The expenditure
is debitable to head ............. of the Budget.
Yours
faithfully.
[Form 'J']
[See rule 23(2)]
Bill of annuity in perpetuity
|
Bill No. .............
|
Voucher No. .............
|
Month of Drawal
Head of Account
....................................
....................................
....................................
Received on
behalf of ................... (Name of Trust etc.) a sum of Rs. ...................
(in words) being the amount of annuity for the period from ...................
to ................... as sanctioned above ................... (Name of the
Authority) in his Order No. ................... dated ...................
|
Dated
|
Signature .........
Mutwali/ Trustee
of ....................
|
|
Countersignature
|
|
|
Countersigned
for Rs.
|
|
Signature
|
|
Collector/Tehsildar
|
|
For use in Treasury
|
|
|
Pay Rs.
...............................
|
|
|
Examined ............................
|
|
|
Treasury
Accountant
|
Treasury Officer
|
|
For Bank
|
|
|
Paid Rs. ................
|
Manager Bank
|
|
For Treasurer
|
|
|
Paid Rs.
|
Treasurer
|
For use in
Accountant Generals Office.
Admitted Rs.
..............................
Objected to Rs.
..........................
Reasons for objection
.................
[Form
'K']
(See rule 24)
Certificate of payment of compensation
This is to
certify that (name of landowner) .............. resident of ........... Tehsil
......... District .......... has been held under section 15 of the Rajasthan
Land Reforms and Acquisition of Landowners' Act, 1963 to be entitled to a
compensation of Rs. ............ (rupees ........) on account of the
acquisition of his estate.
The above
mentioned amount will be paid to him in 30 annual installments as mentioned
below alongwith simple interest @2 ?% per annum on production of this
Certificate.
Compensation
Commissioner,
Rajasthan
Date
|
(1)
|
Amount of compensation
|
Rs. .......................
|
|
(2)
|
Annual instalments
|
Rs. .......................
|
|
(3)
|
Interest payable
|
Rs. .......................
|
|
(4)
|
Date of payment of each instalment
|
............................
|
|
(5)
|
Treasury or Sub-treasury at which the
instalment and interest will be payable .......................
|
|
|
(1)
|
No. of instalments
|
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
|
|
(2)
|
Amount of instalments
|
|
|
(3)
|
Amount of interest
|
|
|
(4)
|
Total of Columns 2 & 3
|
|
|
(5)
|
Date
|
|
|
(6)
|
Signature of Recipient.
|
|
|
(7)
|
Initial of Treasury Officer or
Sub-Treasury Officer
|
|
|
(1)
|
The landowner
.................................
(Name & Address)
|
|
(2)
|
The Secretary to Government of
Rajasthan, Revenue Department, Jaipur.
|
|
(3)
|
Accountant General, Rajasthan,
Jaipur.
|
|
|
|
Compensation Commissioner,
Rajasthan
|
|
|
|
|
|
|