Section 13: Validation of certain transfers and declaration of consent to transfer

(1) Notwithstanding anything contained in section 13, or in any other provisions of this Act or in the rules made or statement of conditions issued thereunder, but subject to section 42 of the Rajasthan Tenancy Act, 1955(Rajasthan Act 03 of 1955), where any transfer or sub-lease has been made or any charge has been created by a tenant in whom Khatedari rights have vested by or under this Act in contravention of sub-section (1) of section 13 at any time before the commencement of the Rajasthan Colonisation (Amendment) Act,1983, such transfer, sub-lease or charge may, on an application being made to the Collector in this behalf in such Form as may be prescribed and within 2 1425 days of such commencement i.e. upto 30.06.1987 by the transferor, lessor or, as the case may be, the person creating the charge or by the purported transferee, sub-lessee or, as the case may be, the charge-holder or by any subsequent purported transferee, sub-lessee or, as the case may be, charge-holder, be declared, after holding such enquiry as he deems proper, as valid by him subject to any of such persons as aforesaid making payment to the State Government, 3 by way of compounding fee, in the case of irrigated land of an amount of Rs. 20,000/-per 25 bighas and in the case of barani or uncommand land of an amount of Rs. 4,000/- per 25 bighas or of an amount equal to the allotment price of the land prescribed by the State Government in the statement of conditions issued under sub-section (2) of section 7 or in any rule made under this Act and in force on such commencement, whichever is less 4in four equal installments as follows:- (a) in the case of an the first, second,third and fourth installments application made shall be payable respectively on 31.12.1984, upto 31.12.1984 ; 30.06.1985,31.12.1985and 30.06.1986; (b) in the case of an the first instalment shall be payable within fifteen days application made from the date of such publication and the second, after 31.12.1984 third and fourth instalments shall be payable respectively but before the date within fifteen days, six months and one year from of publication in the the date of the order of the Collector; and Official Gazette of the Rajasthan Colonisation (Amendment) Ordinance, 1986 i.e. before 3.1.1987; (c) in the case of an application the first instalment shall be payable alongwith the made on or after the date of application and the second, third and fourth such publication; instalments shall be payable within the periods specified for such instalments in clause (b): Provided that the State Government may, on being satisfield that it is necessary or expedient to do so, extend by notification the period beyond 30th June,1987, not exceeding 1 five years and six months upto the day as deemed fit: 2Provided further that where any of the aforesaid persons pays to the State Government the entire compounding fee in one lump-sum alongwith his application and within the period specified in this sub-section, the amount of compounding fee payable by him shall be deemed to be 25 less than that provided therein. 3Provided also that the State Government may, on being satisfied that it is necessary or expedient to do so in the public interest, extend by notification the period beyond 31st December,1992 upto the day as deemed fit: Provided also that on the applications received during the period extended under the preceding proviso the transfer, sub-lease or charge shall be declared valid only on the condition that the applicant shall, in addition to the compounding fee payable under this sub-section, be also liable to pay interest at the rate of eighteen per cent per annum on the amount of the compounding fee for the period from 1st January, 1993 to the date ofapplication. 4(1-A) Where an allottee, in whom khatedari rights have not been vested, even after seven years of allotment, under condition 9 of General Colony Conditions, has transferred the land allotted to him or any right therein, in contravention of sub-section (1) of section 13 of this Act, before the commencement of the Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No. 9 of 1988), the Collector, on receiving an application from the allottee and the purported transferee in this behalf, in the prescribed form, within 297 days of the commencement of the Rajasthan Colonisation (Amendment) Ordinance, 1988 (Ordinance No. 9 of 1988) or within such period, as may be extended by the Government from time to time, may subject to the provisions of section 42 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955), declare such transfer valid after holding such enquiry as he deems proper, subject to payment of all dues of the State Government by the transferee and also subject to the payment of a sum of Rs. 50,000/- per 25 bighas to the State Government in case of irrigated or command land and a sum of Rs. 10,000/- per 25 bighas in case of barani or uncommand land in four half yearly equal instalments. Such transferee, shall thereafter be entitled to khatedari rights under the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955): Provided that where any of the aforesaid persons pays to the State Government the entire compounding fee in one lump-sum alongwith his application and within the period specified in this sub-section, the amount of compounding fee payable by him shall be deemded to be 25 less than provided therein. Explanation:- For the purposes of this sub-section,- (a) allottee means the person to whom land has been allotted on price under the rules made under this Act; (b) dues in relation to the land allotted, shall include unpaid price of such land and such other dues as are required under law to be paid by the allottee. (2) Where on account of a transfer, sub-lease or charge having been made by a tenant in whom khatedari rights have vested by or under this Act in contravention of sub-section (1) of section 13, the Collector has passed an order for ejectment of the purported transferee, sub-lessee or, as the case may be, the charge-holder or of any subsequent purported transferee, sub-lessee or, as the case may be, the charge-holder under sub-section (2) of the said section or for resumption of the tenancy of such tenant under clause (ii) of section 14, but any of such persons or such tenant as aforesaid has not actually been ejected from the land transferred, sub-let or, as the case may be, charged and the tenancy has not actually been resumed before the commencement of the Rajasthan Colonisation (Amendment) Act, 1983, such tenant or any of such parsons as aforesaid may, at any time within 1 1425 days of such commencement i.e. upto 30.06.1987 or within the period extended by the State Government under the first proviso to sub-section (1), apply to the Collector for declaring the transfer, sub-lease or, as the case may be, the charge by such tenant as valid under and in accordance with sub-section (1) and upon such declaration having been made, any of such persons as aforesaid shall not be liable to be ejected and the tenancy of such tenant shall not be liable to be resumed and the order of ejectment or resumption of tenancy, as the case maybe, passed by the Collector shall be deemed to have been withdrawn. (3) Notwithstanding any judgment, decree, order, direction or permission of any court, officer or authority, all cases, in which previous consent in writing of the Collector was not obtained under sub-section (1) of section 13 by a tenant in whom khatedari rights have vested by or under this Act for transferring or sub-letting such rights or, as the case may be, charging the same but subsequent consent as aforesaid for such transfer, sub-letting or, as the case may be, charge had been obtained by him from the Collector or from any court, officer or authority or in which clause (i) of section 14 was applied by any of them to such transaction before the commencement of the Rajasthan Colonisation (Amendment) Act, 1983, shall be re-opened by the Collector and shall be decided afresh by him in accordance with this section after giving notice to the transferor, lessor or, as the case may be, the person creating the charge, the purported transferee, sub-lessee or , as the case may be, the charge-holder and to every subsequent purported transferee, sub-lessee or, as the case may be, the charge-holder. (4) Where compounding fee has been paid in accordance with this section, no action shall be taken or proceeded further against the purported transferee, sublessee or, as the case may be, charge-holder and no penalty shall be imposed on, and no resumption of tenancy shall be made of, the tenant in whom khatedari rights have vested by or under this Act, either under sub-section (2) of section 13 or under section 14, as the case may be, for the breach of the same condition of tenancy and arising due to the same contravention as aforesaid. (5) Where a tenant mentioned in sub-section (1) or his purported transferee, sub-lessee or, as the case may be, charge-holder or any subsequent purported transferee, sub-lessee or, as the case may be, charge-holder has already obtained a declaration under that sub-section or under sub-section (2) or sub-section (3) after making payment to the State Government of the amount of compounding fee under this section as it stood prior to its substitution by the Rajasthan Colonisation (Amendment) Act, 1984, so much amount of the compounding fee paid as is in excess of the amount of such fee specified in the proviso to sub-section (1), shall be refunded to such tenant or, as the case may be, to any of such persons who made the payment.