The Rajasthan Land Revenue (Allotment, Conversion
and Regularisation of Agricultural Land for Construction of Cinemas, (X X X)
and Establishment of Petrol Pumps or Medical Facilities) Rules, 1978
[26 October 1978]
Published vide Notification G.S.R. 51, Dated
26-10-1978; published in Rajasthan Gazette Extraordinary Part 4(Ga)(1), Dated
26-10-78, page 265
In exercise of
the powers conferred by clause (XI-A) of sub section (2) of Section 261, read
with Section 90-A, 102 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act
15 of 1956) and all other powers enabling it in this behalf, the State
Government hereby makes the following rules for Allotment, Conversion and
Regularisation of Agricultural Land for Construction of Cinemas [x x x] and for
Establishment of Petrol Pumps, namely-
Rule - 1. Short title, extent and commencement.?
(1)
These rules may be called the Rajasthan
Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for
Construction of Cinemas [x x x] and for
Establishment of Petrol Pumps or [(Medical Facilities])
Rules, 1978.
(2)
They shall come into force on the date
of their publication in the Rajasthan Rajpatra.
Rule - 2. Definitions.?
(1)
In these rules, unless the context
otherwise requires-
(a)
'Act' means the Rajasthan Land Revenue
Act, 1956 (Rajasthan Act 15 of 1956):
(b)
'Cinema' means the entire area licensed
for cinematographic exhibitions and includes all appurtenances, plants and
apparatus located thereon:
[(bb) 'Chief
Controller means the Chief Controller of explosive appointed under the
Explosive Rules, 1983 made under the Explosive Rules, 1983 made under the
(c)
'Form' means a form appended to these
rules:
(d)
'Government' and 'State' respectively
means the Government and the State of Rajasthan:
(e)
'Hotel' means a building or a part of a
building where lodging with or without board or other service is by way of
business, provided for a monetary consideration:
[(ee) 'Medical facilities'
means Hospitals, Diagnostic centres and Nursing Homes as approved by the
Government in the Medical and Health Department for rural area excluding
charitable medical institutions.]
(f)
'National value' shall mean and include
conversion charges as may be prescribed and penalty in cases of regularisation,
plus the cost of land m case of encroachment on Government agricultural land:
(g)
"Periphery village" means a
village situated within a distance of half a mile of the boundary of a
municipal area: and
(h)
'Petrol pump' means the place where
petroleum, diesel, crude oil and any other oil and products being used in
automobiles are kept for sale and includes a service station and such
constructions as may be necessary.
(i)
[x x x]
(2)
Words and expressions, not defined in
these rules but defined in the Art, shall, wherever used in these rules, be
constructed to have the meaning assigned to them in the Act.
Rule - 3. Scope of the rules.?
These rules
shall govern-
(a)
the allotment of unoccupied Government
land for construction of a Cinema [x x x] or for the
establishment of a petrol pump, and
(b)
the conversion and regularisation of
land and person for the purpose of construction of a Cinema [x x x] or for
establishment of a petrol pump.
Rule - 4. Agricultural Land of which Conversion cannot be made or Regularised.?
Conversion or
regularisation of the following land shall not be made or regularised, namely-
(1)
Land to which the applicant does not
have any legal right.
(2)
Land which is allotted for a special
purpose or on special terms under the-
(a)
Rajasthan Land Revenue (Allotment and
Conversion of Land for the Construction of Seed Stores) Rules, 1965.
(b)
Rajasthan Land Revenue (Allotment of
Land for Receptacles) Rules, 1961.
(c)
Rajasthan Land Revenue (Allotment of
land to Co-operative Societies) Rules, 1959.
(d)
Rajasthan Land Revenue (Allotment of
Land to Dairy and Poultry Farms) Rules, 1968.
(e)
Rajasthan Land Revenue (Allotment of
Land to Gaushalas) Rules, 1957.
(f)
Rajasthan Land Revenue (Allotment of
Tank Bed Lands for Cultivation) Rules, 1961.
(3)
Land in respect of which acquisition
proceedings are pending under the provisions of the [Land Acquisition Act, 1894
(Central Act of 1894)] or any other law for the time being in force.
(4)
Land which is situated within one
hundred and twenty feet of a railway boundary of the National highway.
(5)
Land which is situated within ten feet
of any road maintained by the Government or local authority.
(6)
Land which is situated within a radius
of 5 kilometres of Bhakra and Rajasthan Canal Mandi unless prior consent of the
Mandi Development Committee has been obtained.
Rule - 5. Classes of land which may be allotted.?
Land for the
cons; ruction of cinema [x x x] or
establishment of a petrol pump [or medical facilities] may
be allotted by way of lease out of the following categories of unoccupied
Government land namely-
(a)
Unculturable Land classified as Gair
mumkin' or 'Ujar':
Provided that
the land used as cremation ground or burial ground, grazing grounds or pasture
land and the 'pal' or embankment of a tank the water of which is used by the
village cattle, even though classified as unculturable shall not be allotted;
(b)
Where suitable land classified as
unculturable is not available, culturable waste land or land classified as
banjar:
(c)
Where land of the categories mentioned
in the preceding clauses are not, available, the lowest class of barani land
available.
Provided that no
irrigated land classed as chahi, nahri, or talabi shall be allotted in any
case, except with the permission of the State Government.
Rule - 6. Application for permission.?
(1)
Subject to rule 4, if any person having
if legal right to an agricultural land, intends to construct a Cinema house, or
a Hotel or to establish a petrol pump thereon or if any person who had
trespassed upon Government agricultural land, and has utilised such land for
the construction of a cinema or a hotel, or for establishment of a petrol pump,
wants to acquire [x x x] lease rights
in the land so used for construction of a cinema or a hotel, or for
establishment of a Petrol pump, he may submit an application in writing in Form
'A' to the Collector of the District in which the said agricultural land is
situated.
(2)
Such an application shall be verified
by the applicant as a plaint according to the provisions of the Code of Civil
Procedure, 1908.
(3)
A receipt shall be given in respect of
such application bearing time and date of receiving the same.
Rule - 6A. Register of Applications.?
All applications
received under rule 5 shall be entered in A Register to be kept in Form 'B'.
Rule - 7. Scrutiny and Enquiry of applications.?
(1)
Within om month of the receipt of
application, it shall be scrutinised and enquired into by the Collector or any
other officer authorised by the State Government. the Collector or any other
officer so authorised may, if he thinks proper refer any application for advice
to the Chief Town Planner, Rajasthan or any of the authorities mentioned in
Schedule 11
(2)
On receipt of the reference, the Chief
Town Planner of the authorities mentioned in the Schedule II shall give advice
within one month recommending the case for permission or giving reasons for its
rejection. Of such advice is not given within one month, the Collector or any
other officer so authorised the proceed further in the matter, without waiting
for such advice, and it may be presumed that t lie Chief Town Planner or the
authorities concerned have no objection to such permission.
(3)
Upon receipt of advice from the Chief
Town Planner or the authorities mentioned in the Schedule II or after the
expire of one month from the date of reference, the Collector shall after
making such further enquiries regarding the suitability of the land arid such
other matters as he may deem fit. pass necessary orders either granting or
rejecting the application. In case of rejection he shall record his reasons for
the same.
Rule - 8. Disposal of applications.?
All applications
submitted to the Collector under rule 5 shall be examined and enquired into by
him separately.
Rule - 9. Conditions of allotment, conversion and regularisation.?
Allotment,
conversion and regularisation of agricultural land for construction of a Cinema
or a Hotel or for establishment of a Petrol Pump under these rules shall be
subject to following conditions:-
(1)
The applicant shall pay to the State
Government such lease rent as is hereinafter prescribed.
(2)
In all cases in
which a holder of private agricultural land applies for conversion and use of
his land under these rules, the land holder shall have to surrender his tenancy
rights in respect of such land in order to obtain lease hold rights. If the
land can be leased to him under these rules, in that case shall be required to
pay the prescribed lease rent. Such conversion of the land will be with the
stipulation that he shall have the right to revert to the original use of the
land at any subsequent stage and on reversion of the land to it original status
and use, the tenancy rights of the land holder shall be the same as were at
time of conversion. No refund or compensation shall be admissible to him on
this account.]
(3)
The land use as shown in the Master Plan
shall be taken into consideration for the town for which Master Plans have not
been finalised and in case of other towns for which Master Plans have not been
finalised, opinion of the local authority and the Chief Town Planner or his
representative shall be obtained.
(4)
The requirements of land for different
types/categories of Hotels in different categories of town shall be determined
by the Chief Town Planner.
(5)
In case there are more than one
applicant for Government land, allotment shall be made by auction to the
highest bidder.
(6)
(i) Lease rent
of periphery villages shall be half of the rates prescribed for adjoining town,
(ii) the rates
of lease rent for rural areas not included in clause (i) above shall be half of
the rates prescribed for towns in category III in sub rule (8).]
(7)
For conversion of private agricultural
lands for Cinemas, [x x x] and Petrol
Pumps. Towns shall be divided in three categories according to that population
and importance as specified in Schedule I.
(8)
[(a) The lease
rent chargeable for a standard size plot of 4,000 sq. yards of agricultural
land for Cinemas shall be as under-
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(i)
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For towns in
Category No. I
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Rs.
5000./-P.M.
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(ii)
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For towns in Category No. II
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Rs. 2500/-P.M.
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(iii)
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For towns in Category No. III
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Rs. 1200/-P.M.
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(b) The lease rent for a standard size
plot of 1200 sq. yards of agricultural land for Petrol Pump Explosive Magazine
shall be as under-
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(i)
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For towns in Category No.I
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Rs. 1000/-P.M
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(ii)
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For towns in Category No.II
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Rs. 600/-P.M
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(iii)
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For towns in Category No.III
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Rs. 400/-P.M]
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(c) Where the size of a plot is smaller
or larger than the standard size as prescribed in clause (a) or (b) the rate
shall be proportionately increased or decreased].
[(d) No lease rent shall be
charged for conversion of private agricultural land for purpose of establishing
a medical facility in rural area defined in the Rajasthan Land Revenue (Con. of
Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 1992 of
following categories:
Category A - Institutions willing to set up
speciality hospitals in specialities approved by the Government excluding
charitable medical institutions.
Category B - Nursing homes, hospitals, diagnostic centre-, clinics and
dispensaries run on commercial lines and not covered by above category A' but
excluding charitable medical institutions.]
(9)
For Government agricultural land in
addition to the [lease
rent] at the above rates the price of the land shall also be charged from
the lessee which shall be based on the sale price of agricultural land in the
neighbourhood:
[Provided that
only half the price of land shall be charged for land allotted for a medical
facility of category 'A' as mentioned in condition No. 8.]
(10)
In case of Agricultural lands under the
control of Public Works Department prevailing price of neighbouring residential
land shall be charged and if such area is a part of the Urban Improvement Trust
Scheme, then the reserve price of residential land as may be fixed by the Urban
Improvement Trust shall be charged.
(11)
The [lease rent] shall
apply to all conversions effected during the period starting from 16th
December. 1960. The amount already paid as premium shall be adjusted against
the total amount payable.
(12)
All constructions on land so converted
may be regularised under these rules, provided they conform to the by-laws of
Urban Improvement Trust, Local Authorities or any other authority having
jurisdiction to deal with particular type of construction.
(13)
With effect from the date of conversion
of the land all Khatedari right-title and interest in the land under the
Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) shall be deemed to have been
surrendered to the State Government and no land revenue on such land shall be
payable. The applicant shall have to execute a lease deed in Form 'C' in favour
of the Government and thereafter he shall be recognised as lessee of the State
Government.
(14)
The lessee shall be given land on 20
years' lease subject to the condition that the terms and conditions of the
lease may be renewed by tic State Government subject to the raising of the
amount of [lease
rent] upto 50% on every such renewal for 20 years. The lease agreement
shall be in Form 'C'.
(15)
[Once the land
has been utilized for the purpose for which it was allotted, the lessee may, with
the permission of the Allotting Authority transfer his right or interest in the
whole land, so leased out, on the following conditions:-
(a)
in case of government land allotted
under these rules, he shall pay 50% of prevailing market price of land after deducting
allotment price charged under condition number (5) or (9), as the case may be
and transferee shall pay 50% of excess amount or yearly lease rent mentioned in
condition number (8) and other conditions of the lease shall remain uncharged;
and
(b)
in case of converted Khatedari land
allotted under these rules, the transferee shall pay 50% excess amount of
yearly lease rent mentioned in condition number (8) and other conditions of the
lease shall remain unchanged.]
Rule - 9A. Special provision for establishment of Resort of Country Hotel.?
Save as
otherwise provided in these rules the following special provisions for
establishment of Resort or Country Hotels shall be applicable
(1)
Facilities
and Services -
Guest rooms with boarding, lodging and other ancillary facilities including a
licensed bar and other services as are normally provided in hotels according to
star ratings, shall be provided. The following facilities shall also be
provided namely-
(a)
facilities for at least two standard
outdoor games which may include horse or camel or elephant rides and boating:
(b)
facilities for at least three standard
indoor games: and
(c)
land scapped open areas which would
include parks, wood lots, summer houses, walkways and shady trees.
The following
additional facilities would be desirable, but would be optional-
(a)
Swimming pool,
(b)
Natural or Artificial Lake,
(c)
Mini-Golf Course,
(d)
Mini-Cinema,
(e)
Mini-Theatre.
(f)
Shooting Range,
(g)
Health Club.
(h)
Skating Ring, and
(i)
Polo Ground
(2)
Application
for allotment, Conversion or lease of land, its scrutiny and disposal. -
Applications for the allotment or conversion or lease of land to construct a
Resort or Country Hotel shall be submitted, scrutinised, dealt with and
disposed of mutatis mutandis in
the manner prescribed in these rules-
Provided,
however, that-
(a)
While scrutinising the applications,
the Collector shall satisfy himself that applicant is in a position to execute
the project, specially keeping in view his financial status and business
experience, and shall also consult the Town Planning Department of the State
Government in regard to the plans and lay out submitted by the applicants for
the Report or Country Hotels. However, if the views of the Town Planning
Department are not received within six weeks from the date of making the
reference, it will be presumed that it has no objection and the application
shall be processed accordingly.
(b)
All applications under rule 9-A shall
after scrutiny, be referred to the State Government to the Revenue Department
for final decision.
(3)
Conditions
for allotment and conversions - The allotment and conversion of
agricultural land for the construction of a Resort of Country Hotel shall be
subject to the following conditions-
(A)
The applicant shall pay to the State
Government premium lease rent as under-
(1)
For land required for the main
hotel/building according to the existing provisions of lease rules:
(2)
For the land required for the cottages-
(a)
if the land is situated in an urban
area, the provisions of the Rajasthan Land Revenue (Allotment. Conversion and
Regularisation of Agricultural Land for Residential or Commercial Purpose in
Urban Areas) Rules, 1981 shall apply, and
(b)
if the land is situated in a rural
area, the provisions of the Rajasthan Land Revenue (Conversion and Agricultural
Land for Residential or Commercial Purposes in Rural Areas) Rules, 1971 shall
apply.
Explanation. - (A) For the purposes of application of the above mentioned rules,
the land attached to the cottage shall be deemed to have been used for a
commercial purposes, and the area of the land appurtenant to each cottage shall
be reckoned to be equal to twice the plinth area of the cottage.
(B) If a mini
cinema or auditorium or a skating rink is established, the provisions of these
rules, as applicable to cinemas, shall apply.
(C) For the open
spaces, parks, lakes, swimming pool, mini-golf course, polo ground, open air
theatre, woodlots, walkways, riding paths, shooting ranges, playing fields
including tennis or badminton courts, on which no permanent building is
constructed, the provision of the Rajasthan Industrial Area Allotment Rules.
1959 for Government Lands, or the Rajasthan Land Revenue Conversion of
Agricultural into Non-Agricultural Land) Rules, 1961 for private land, as the
case may lie shall apply.
(D) The maximum
period allowed for the commencement of work for a Resort or Country Hotel shall
be six months, and for its completion three years unless further extended by
the State Government. The period shall he reckoned from the date on which
permission is granted. Till the completion of the project, six monthly progress
reports shall have to be submitted by the applicant to the Collector of the
district, if the work is not commenced or completed within the prescribed time
limits or as the case may be, within the extended period, the permission shall
be deemed to have been withdrawn and the lease revoked without payment of any
compensation, and the premium, conversion and other charges paid to the
Government shall stand forfeited.
(4)
No Resort of Country Hotel shall be
allowed to be established in cities which are within the purview of the Urban
Land (Ceiling raid Regulation) Act, 1976 (Central Act No. 33 of 1976), unless
an exemption is granted by the State Government under the provisions of that
Act.]
Rule - 10. Breach of conditions and Rules.?
(1)
If at any time it is found by the State
Government that the land regularised, converted or used for a Cinema or Hotel
or Petrol Pump has been put to use for a purpose other than the use for which
it was leased, the entire construction shall automatically vest in the State
Government without payment of compensation.
(2)
If at any time, it is found by the
State Government that the land so used or regularised has been transferred in
contravention of these rules, it may be resumed by the State Government. The
lessee shall however, be given three months, time to remove the structure or
building erected, if any, on the land.
(3)
In case of breach of any other
conditions or rules by the lessee a penalty upto the amount of lessee rent
payable for a period of twelve months may be imposed on him by the Collector.
(4)
No action under sub-rules (1), (2) and
(3) shall be taken unless the lessee is given a reasonable opportunity of being
heard.
Rule - 11. Powers of the State Government.?
(1)
Notwithstanding anything contained in
these rules, the State Government either on its own motion or on the
application of any person, shall have the power to call for the record of any
case and pass such orders as it deems fit., after giving the parties concerned
an opportunity of being heard.
(2)
Notwithstanding anything contained in
these rules, and subject to the provisions of section 102 and 90-A of the Act,
the State Government shall have powers to allot convert or regularise the use
of agricultural land for construction of a Cinema [x x x] or for
establishment of a petrol pump [or medical
facilities] on any terms as it deems fit.
Rule - 12. Repeal and Savings.?
The Rajasthan
Land Revenue (Allotment and Conversion of Agricultural Land for Establishment
of Petrol Pump) Rules, 1973, as amended from time to time, are hereby repealed:
Provided that
the repeal shall not effect any order made, action taken, effects and
consequences of anything done or suffered thereunder or any right, title,
privilege, obligations or liability already acquired accrued or incurred
thereunder, or enquiry, verification, or proceedings in respect thereof made.
Schedule I
(See Rule 9)
Categorisation of Municipal Towns for Conversion and Regularisation of
Land for Establishment of Petrol Pump and Cinemas/Hotels
Category No. I
1.
Jaipur 2. Kota 3. Shri Ganganagar
Category No. II
1. Ajmer 2.
Udaipur 3. Jodhpur 4. Bhilwara 5. Beawar 6. Alwar 7. Bikaner 8. Churu 9. Tonk
10. Pali 11. Kishangarh 12. Hanumangarh 13. Gangapur City 14. Bundi 15. Baran
16. Suratgarh 17. Sikar 18. Chittorgarh 19. Jhunjhunu 20. Hindaun 21. Sirohi
22. Kherli 23. Mt. Abu 24. Churu 25. Dausa 26. Ramganj Mandi.
Category No. III
1. Bamer 2.
Banswara 3. Ratangarh 4. Sujangarli 5. Sardarsl.ahar 6. Dholpur 7. Bandikui 8.
Pratapgarh 9. Dungarpur 10. Jhalavar 11. Phulera 12. Nawalgarh 13. Nagaur 14.
Ladnun 15. Jalore 16. Sawai Madhopur 17. Niwai 18. Karauli 19. Fatehpur 20.
Jaiselmer 21. Deed-wana 22. Kuchaman City 23. Balotra 24. Merta City 25.
Sangria 26 Anupgarh 27. Nath war a 28. Sojat 29. Sambhar 30. Khetri 31. Amer
32. Sangan. r 33. Gangashahar 34. N6kha 35. Nohar 36. Raisinglmagar 37. Shri
Karanpur 38. Makrana 39. Gajsinghpur 40. Kekri 41. Pushkar 42. Shahpina 43.
Bayana 44. Bari 45. Deeg 46. Kaman 47. Laklieri 48. Nimbahera 49. Dungargarh 50.
Rajgarh 51. Chaksu 52. Chirawa 53. Phalodi 54. Pipar 55. Khairthal 56. Rajgarh
57. Tijara 58. Gangapur 59. Laxmangarh 60. Ramgarh 61. Bhadra 62. Kotaputli 63.
Pilani 64. Bali 65. Neem ka Thana 66. Shri Madhopur 67. Pindwara 68. Abn Road
69. Malpura 70. Sarwar 71. Kuslialgarh 72. Manasar 73. Deshnok 74. Jaliaj-pur
75. Chliapar 76. Bidasar 77. Rajaldesar 78. Ratan Nagar 79. Tara Nagar 80.
Shardulshahar 81. Sagwara 82. Jobner 83. Jhalra Patan 84. Snnel 85. Bissau 86.
Bagar 87. Mandawa 88. Mukandgarh 89. Sujangarh 90. Udaipurwati 91. Vidva Vihar
92. Chhabra 93. Indragarh 94. Nawan 95. Parbatsar 96. Bhinmal 97. Toda Bheem
98. Khandela 99. Pokaran 100. Todaraisingh 101. Deoli 102. Uniara 103. Devgarh
104. Rajsamand 105. Salumhar 106. Bhindar
All other
unclassified municipal towns, notified areas and cantonment boards.
Schedule II
(See
Rule 7)
Authorities to
whom cases may be referred under rule 7 of the Rajasthan Land Revenue
(Allotment, Conversion and Regularisation of Agricultural Land for Construction
of Cinemas [x
x x] and for Establishment of Petrol Pumps [or medical facilities])
Rules, 1978.
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Towns
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Authorities
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1
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Towns falling in categories No.1 and
2 of Schedule 1.
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Chief Town Planner or any officer
nominated by him but not below the rank of Deputy Chief Town Planner, Urban
Improvement Trust [or Jaipur Development Authority] Mandi Committee or
Municipality concerned or the Notified Area Committee.
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2
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Towns falling in category No. III and
periphery villages of towns falling in categories No. 1, 2 & 3 of
Schedule I.
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Concerned Municipality
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Form
'A'
(See Rule 5)
Applications for allotment of Unoccupied Government Land for Construction
of a Cinema, [x
x x] or Establishment of Petrol Pump [or
medical facilities]
To
The Collector.
District.......
Sir,
I hereby apply under section 90-A of the
Rajasthan Land Revenue Act, 1956 (Rajasthan Act No, 15 of 1956) read with Rule
5 of the Rajasthan Land Revenue (Allotment. Conversion and Regularisation of
Agricultural Land or Construction of a Cinema, [x x x] or for Establishment
of Petrol Pump [or medical facilities])
Rules, 1978 for allotment of unoccupied Government agricultural land,
particulars whereof are give hereunder for construction of a Cinema. [x x x] or for
establishment of a Petrol Pump or medical facilities.
2. The required
particulars are given below-
(1)
Name of the applicant with parentage
and address.................
(2)
Particulars of Land...............
(a)
Name of village/town with name of
Tehsil...............
(b)
Khasra No.............
(c)
Area..................
(d)
Soil Class............
(e)
Means of irrigation, if any, with
details..............
3. I undertake
the abide by the provisions of the Rajasthan Land Revenue (Allotment.
Conversion and Regularisation of Agricultural Land for Construction of a
Cinema. [x
x x] or for Establishment of Petrol Pump [or medical facilities)
Rules, 1978.]
I hereby certify
that the information given above is correct according to my knowledge and
belief and I hereby bind myself to pay the necessary premium and abide by the
conditions on which the land is allotted for construction of a Cinema [x x x] or for
establishment of the Petrol Pump or medical facilities.
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Witness..............................
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Date...............................
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Signature of the Applicant
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Form
'B'
(See
Rule 6)
Register of Applications for Allotment, Conversion and Regularisation of
Agricultural Land for Construction of Cinemas [x
x x] and for establishment of Petrol Pumps or medical facilities.
Tehsil......
District..
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Serial No.
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Name of applicant with Parentage,
residence, occupation and age
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Date and time of receipt of applicant
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1
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2
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3
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Particulars of the land
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Final
Orders
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Remarks
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Khasra No.
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Khevat No.
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Area
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Soil Classification
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Revenue or Rent
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4
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5
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6
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7
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8
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9
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10
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Form
'C'
(See Rule 9)
Lease
Deed
This lease made
on the...............day of..............between the Governor of the State of
Rajasthan (hereinafter called the Lessor' which expression shall unless
excluded by subject or context, include Ins successors in office and permitted
assigns) of the one Part and Shri............... son of
Shri...................Resident
of...........Tehsil.............District..............(hereinafter called the
Lessee', which expression shall, unless excluded by subject or context include
his successors and assigns) of the other part:
Whereas the
Lessee has applied to the Lessor of the said land to the Lessee for 20 years on
the terms and conditions hereinafter appearing.
Now This Deed Witnesses As Follows: -
1.
In pursuance of the aforesaid agreement
and in consideration of a sum of Rs (Rupees only) as premium paid before the
execution of this deed (the receipt of which sum the Lessor hereby
acknowledges) and of the covenants hereinafter contained, the Lessor demises to
the lessee the Land detailed and described in the schedule hereto and for
greater clearness delineated on the plan annexed hereto and thereon shown with
its boundaries coloured in red (hereinafter referred to as the demised land) to
hold the same upto the Lessee from the day of.......fora period of 20 years.
2.
The parties hereto mutually agree as
follows-
1.
That the Lessee will during the
continuance of this lease, pay all rates, taxes and charges of every
description now payable or hereinafter to become payable in respect of the
demise land or the bulking erected thereupon by the Lessee.
2.
The terms and conditions of the Lease
may be returned and revised by the State Government after 20 years.
3.
The lease shall be subject to the
provisions contained in the Rajasthan Land Revenue (Allotment, Conversion and
Regularisation of Agricultural Land for Construction of Cinemas [x x x] and for
Establishment of Petrol Pumps or Medical Facilities) Rules, 1978.
4.
That the Lease will not without the
previous Consent in writing of the Lessor use or permit the use of demised land
for any purpose other than that for which it is leased out.
5.
That the renewal of lessee after the
expiry of the said term of 20 years shall be at the option of the Lessee.
6.
That if at any time any dispute, doubt
or question shall arise between the parties hereto touching the interpretation,
meaning or effect of this deed or any clause thereof or their respective rights
and liabilities hereunder, the same shall be referred to the arbitration of the
Revenue Secretary to the Government of Rajasthan. Jaipur whose decision thereon
shall be final and binding on the parties.
In witness the
parties have signed this deed in the day and year first written.
For and on
behalf of the Governor
Signed by the
Lessee
Witness:(1)..........
(2)..........