1[(1) All allotment of Government land other than those specified in rules 12 or 12A shall be made by Allotting Authority in consultation with an Advisory Committee consisting of-
(a) Member of Rajasthan Legislative Assembly in whose constituency the land proposed to be allotted is situate;
Provided that in cases where there are two Members of Legislative Assembly representing Revenue Tehsil of which the Colonisation Tehsil is part in which the land is situated, the other Member of Legislative Assembly shall also be a member and in case there are more than two members of legislative Assembly, one of them nominated by the State Government shall be the member of Advisory Committee.
(b) Pradhan of the Panchayat Samiti in whose jurisdiction such land falls;
(c) Sarpanch of the Panchayat in whose jurisdiction such land falls;
(d) A Scheduled Caste or Scheduled Tribe Member of the Rajasthan Legislative Assembly or in case of non-availability of such member, any other person of Scheduled Caste and Scheduled Tribe belonging to the District in which the land is situated, as may be nominated by the State Government;
(e) A member of the Rajasthan Legislative Assembly belonging to the district in which the landless persons to whom land is to be allotted belong, as may be nominated by the State Government] 2[(f) Colonisation Tehsildar of the Tehsil in which the land is situated;
(g) Sub Divisional Officer of the concerned Sub-Division or any officer of equivalent rank nominated by the District Collector;
(h) Tehsildar/Nayab Tehsildar of Revenue Tehsil in which the land is situated, or any other officer of equivalent rank nominated by the District Collector.]
3[(1-A) Whenever any elections to the Parliament or to the Legislative Assembly of the State or the State Panchayat Bodies are announced by the respective Election Commissions, and any Model Code of Conduct comes into effect as a result of such announcement, then the membership of members of the Legislative Assembly, Pradhans and the Sarpanchs appointed or nominated under sub-rule (1) of Rule 12, shall be automatically suspended with effect from the date from which the Modal Code of Conduct come into force till the date of completion of the Electoral process. The membership of such persons shall be automatically/restored on the date of completion of the Electoral Process.]
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1. Substituted by Notfn. No. F.3(57) Col/95 Pt. VI, dt. 09.11.1999.
2. Corrected by Notfn. No. F.3(57) Col/95 Pt. VI, dt. 11.11.1999.
3. Inserted by Notfn. No. F.4(11) Col./1981, dt. 17.01.2000.
(2) The Allotting Authority shall be the Chairman of the Advisory Committee and the Colonisation Tehsildar shall act as Member-Secretary of the Committee.
1[Provided that if in the opinion of the Advisory Committee any land is to be allotted to the family member of the member of the Advisory Committee, then the matter shall be referred to the Colonisation Commissioner/District Collector within whose jurisdiction the land is situate.
The allotment shall be made after approval of the Colonisation commissioner/Collector.]
(3) For making allotments in consultation with the Advisory Committee the Allotting Authority shall call a meeting of the Committee preferably at the Headquarters of the Colonisation Tehsil or Revenue Tehsil in which the land is situate. The member of the Advisory Committee shall be given at least a week’s notice of the meeting by 2[by registered post or through messenger. If the Allotting Authority is satisfied that public representatives are not present at the meeting even after the notice, their non-presence shall not effect the decisions of the Advisory Committee.
However, before holding the meeting of Advisory committee, Allotting Authority shall ensure that notice of meeting has been duly sent to the public representative by registered post and where the same is sent through messenger the receipt of the public representative or of any person authorised by public representative has been received.]:
3[Provided that the presence of three members shall be compulsory in the meeting and if the meeting is adjourned due to lack of quorum the presence of any two members shall be sufficient in the adjourned meeting.]
4[XXXX]
(4) Separate reservation-wise list of eligible persons shall be prepared by the Allotting Authority in Form-XI and shall be placed before the Advisory Committee at such meeting.
(5) Subject to the availability of land, the Allotting Authority shall, after consulting the Advisory Committee, make reservation-wise allotment of Government land to persons mentioned in the list referred to in sub-rule (4) out of the land entered in the list prepared under sub-rule (3) of rule 8. In doing so, except where any Government land has been reserved for any specific purpose or class of persons under sub-rules (2) to (4) of rule 6, the Allotting Authority shall act in the following manner, namely :- __________________________________
1. Added by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
2. Substituted by Notfn. No. F.4(17) Col/97, dt. 17.11.1999.
3. Substituted by Notfn. No. F.4(8) Rev./Col./76, dt. 18.11.1978.
4. Deleted by Notfn. No. F.4(17) Col/97, dt. 17.11.1999.
(a) A temporary cultivation lease holder shall be allotted land to the extent to which he is eligible under these Rules out of the land comprised in his temporary cultivation lease:
Provided that if such lease holder holds such lease land less than 25 bighas, he will seek allotment as a landless person for the balance of land to make up the deficiency in the extent of land to which he is eligible alongwith other landless persons of the same priority in the manner provided in clauses (c) and (d).
1[Provided further that the temporary cultivators who were allotted land on or before 01.01.1995 whether their temporary cultivation lease renewed or not, or has not been cancelled by the competent Court and such cultivators having possession on such land till date of allotment, such persons will be eligible for allotment of lands on a permanent basis on the terms and conditions laid down in the rules and price of land will be charges as laid down in rule 17 of the said rules.]
2[(b) If an 3[adult son/adult daughter] of a temporary cultivation lease holder is eligible for allotment of Government land under these Rules and after allotment of land to his father there remains any surplus land out of the land comprised in the temporary cultivation lease of the father, such surplus land may be allotted to the 4[adult son/adult daughter] to the extent to which he is eligible. In case, there are more than one such 5[adult son/adult daughter], such surplus land shall be equally allotted between them as co-tenants. The remaining land to which such 6[adult son/adult daughter] may be eligible under these Rules will be allotted to him alongwith other eligible persons of the same priority to which he belongs and in the manner provided in clauses (c) and (d).]
7[Explanation.- In this sub-rule, the expression “adult son” means a son who has attained the age of majority according to the Indian Majority Act, 1875 8[on or before 01.01.2001]
(c) If a landless person holds or is allotted any land adjacent to the Government land available for allotment, the allotment shall be made to him out of such Government land to the extent available.
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1. Inserted by Notfn. No. F.3(29)Col./86, dt. 26.11.2004.
2. Substituted by Notfn. No. F4(8) Rev./Col./76, dt. 18.11.1978.
3. Substituted by Notfn. No. F4(15) Col./92, dt. 01.09.1995.
4. Substituted by Notfn. No. F4(15) Col./92, dt. 01.09.1995.
5. Substituted by Notfn. No. F4(15) Col./92, dt. 01.09.1995.
6. Substituted by Notfn. No. F4(15) Col./92, dt. 01.09.1995.
7. Inserted by Notfn. No. F.4(14) Rev./Col./83, dt. 11.09.1986.
8. Substituted by Notfn. No. F.4(11) Col/97/1, dt. 18.05.2007.
(d) In case a landless person does not hold any land as mentioned in clause (c) or after allotment of land to him under the said clause he still remains eligible for more land, the said clause he still remains eligible for more land, the allotment of land or more land, as the case may be, shall be made by drawing lots strictly according to the order of priority of landless persons specified in rule 7 1[XXXX].
2[Provided that allotment of any Johar Paitan land shall not be made without prior approval of the Colonisation Commissioner.]
3[(e) The date of submitting application before competent authority under clause (b) shall be 4[31.12.2008.]
5[(5-A) the lots shall be drawn in the following manner :-
(i) The Allotting Authority shall prepare a list of persons whose applications have been received within time and who fulfil the eligibility condition for allotment of land under these rules;
(ii) The number of persons to whom land may be allotted will be determined by the Allotting Authority on the basis of total area of land available in bighas for allotment divided by 25;
(iii) Lots will be drawn by the Allotment Authority from amongst applicants found eligible under clause (i) above, to select the persons eligible for allotment of land equal to the number determined under clause (iii) above.
In the same draw of lots, additional persons equal to 25% of the number of persons determined under clause (ii) above, shall be selected and arranged in the order, in accordance with the result of the drawal of lots and be kept on the waiting list. The waiting list shall remain valid till the land available for allotment is exhausted;
(iv) In case the land available for allotment exceeds the requirement of the land to be allotted to persons declared successful on the basis of the draw of lots, persons from the waiting list in their respective order may be considered for allotment of land;
(v) The applicants declared successful and entitled to allotment of land under clause (iii) and (iv) above, will be arranged in homogenous groups on the basis of 6[Villages] Tehsil, Districts and regions to which they belong;
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1. Deleted by Notfn. No. F.4(11) Rev/Col./83, dt. 06.07.1984.
2. Substituted by Notfn. No. F.4(15) Col/92, dt. 01.09.1995.
3. Added by Notfn. No. F.4(14)Rev./Col./83, dt. 29.06.1987.
4. Substituted by Notfn. No. F.4(11) Col/97, dt. 21.09.2007.
5. Added by Notfn. No. F.4(11) Rev/Col./83, dt. 06.07.1984.
6. Inserted by Notfn. No. F.4(2) Col/92, dt. 11.10.1995.
(vi) Compact area of land, out of total area available for allotment, commensurate with the requirement of each group formed under clause (v) shall be set apart for each such group and the allotment of land to each persons belonging to the same group shall be made in the area thus set-apart on the basis of separate draw of lots to be held amongst persons belonging to such group.
(6) The minutes of the meeting shall be recorded by the Member-Secretary and shall be signed by the Allotting Authority as well as by all the members of the Advisory Committee who may be present. If there is difference of opinion between the members, the opinion of each member present shall be recorded. Similarly in case of difference of opinion between the members of the Advisory Committee and the Allotting Authority, the Allotting Authority shall record his reasons for its disagreement before passing final orders.
(7) Separate lists of persons whose applications have been granted or rejected shall be affixed forthwith on the Notice Board of the Colony Tehsil or Revenue Tehsil in whose jurisdiction the land is situated. Such publication shall be deemed to be sufficient notice to the applicants to orders passed on the applications:
1[Provided that the allotting authority shall transfer, the applications of eligible persons, to whom land could not be allotted due to non-availability of land, to a Tehsil where land is available for allotment according to their priority in such Tehsil.]
2[Provided further that Colonisation Commissioner may transfer the applications of the eligible persons to whom, land could not be allotted due to non-availability of land from the allotting authority to another allotting authority in the same district where land is available for allotment according to their priority as per rules.
Provided also that Colonisation Commissioner may after taking prior approval of the State Government transfer the application of the eligible person to whom, land could not be allotted due to non-availability of land from one allotting authority of a district to another allotting authority of another district where the land is available for allotment according to their priority as per rules.]
3[(8) The allotment order shall be issued by the Allotting Authority to the allottee in the prescribed Form-XII through a registered letter with A.D. The allotment shall be cancelled if the allottee does not turn-up and take possession of the allotted land within three months from the service of the allotment order.]
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1. Added by Notfn. No. F.19(27) Rev/Col./75, dt. 15.07.1976.
2. Inserted by Notfn. No. F.3(46) Rev/Col./83, dt. 18.03.1999.
3. Substituted by Notfn. No. F4(2) Col/92, dt. 30.06.1993.
(9) If a temporary cultivation lease holder fails to apply for allotment of land under these rules or if his application for allotment for any land or part thereof is rejected by the Allotting Authority, his temporary cultivation lease in respect of such land or part thereof shall stand terminated on the expiry of the date upto which the application for allotment could be made or on the date of his application for such allotment is rejected, as the case may be, and the Government land covered by such lease shall revert to the State Government free from all encumbrances and he shall be liable to be ejected from such land in accordance with any law for the time being in force.
1[(10) The allotment of land shall not be made to any member of the Advisory Committee.]
2[13-A. Sale by special allotment.- 3[(1) Notwithstanding anything to the contrary contained in these rules, such lands as may be notified in this behalf by the State Government in the Official Gazette to be sold by special allotment may be allotted to the persons who are eligible for such allotment in the order of preference given in sub-rule (1) of Rule 7 of these rules and where any such person is not available, to any other person who has been a bona fide agriculturist and a bona fide resident of Rajasthan for a period of not less than twenty years from the date of application in accordance with the priority as mentioned in sub-rule (1-A) subject to the extent of the ceiling area applicable to the allottee under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973), at a fixed price to be notified by the State Government in the Official Gazette from time to time, for such notified lands.]
4[Provided that the State Government may constitute a Committee to consider the proposals for notifying the land and price of the land. If such Committee is constituted by the State Government, the proposal for notifying the land, and price of the land shall be placed before the Committee. After the approval of the Committee the Commissioner Colonisation/Collector concerned as the case may be, shall notify the land and price of the land to be sold by special allotment.]
5[(1-A) The priorities of allotment in case of other persons who has been a bona fide agriculturist and a bona fide resident of Rajasthan 6[for a period of not less than 20 years], shall be as under :- _____________________________________
1. Added by Notfn. No. F.4(15) Col./92, dt. 01.09.1995.
2. Added by Notfn. No. F.4(10) Rev./Col./75, dt. 20.02.1980.
3. Substituted by Notfn. No. F.4(11) Col./81, dt. 17.01.2000.
4. Inserted by Notfn. No. F.4(17) Col./97, dt. 12.07.2001.
5. Inserted by Notfn. No. F.4(2) Col/92, dt. 03.01.1995.
6. Added by Notfn. No. F.4(11) Col./81, dt. 17.01.2000.
(a) Resident of the district in which the land, is to be allotted is situated,
(b) Resident of neighbouring district excluding the persons mentioned in priority (d),
(c) Residnet of any other district of Rajasthan excluding the persons mentioned in priority
(d),
(d) Persons of colonised part of the Tehsil belonging to an area covered by Major or Medium Irrigation Project.]
(2) Issue and Publication of Notice.- (i) The Allotting Authority, soon after the issue of notification by the State Government 1[or by Commissioner Colonisation/Collector concerned as the case may be] in Official Gazette for sale by special allotment at the price notified, shall be issuing a Public notice in form XVIII under his signature invite applications for special allotment within the time fixed therein which shall not be less than 30 days from the date of issue of such notice. The time fixed by the allotting authority for inviting applications may be extended by him as and when necessary.
2[(ii) The contents of notice shall be made widely known in the locality, in which land proposed to be sold by special allotment is situated,-
(a) by affixing copies thereof at some convenient place on or near about such land and in other conspicuous public places in the locality,
(b) by beat of drum, and
(c) by an advertisement in two newspapers having wide circulation in the locality.]
(iii) Where the allotting authority is not the Collector of the Revenue District, a copy of such notice shall also be sent to the Collector of the District for affixing it on the Notice Board of the Collectorate.
(3) Application for Allotment.- (i) Within the time fixed in the public notice issued under sub-rule
(2) or within such time as may be extended by the authority from time to time any person eligible for allotment under this rule may present an application in 3[Form as may be specified by the State Government in the Official Gazette] to the allotting authority of the areas or to any other officer authorised by the Colonisation Commissioner in this behalf:
4[Provided that the Allotting Authority may consider any application received after the expiry of the time so specified for reasons to be recorded in writing.]
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1. Added by Notfn. No. F.4(17) Col/97, dt. 12.07.2001.
2. Substituted by Notfn. No. F.4(3) Col/2009, dt. 20.09.2011.
3. Substituted by Notfn. No. F.4(11) Col/98, dt. 16.08.1999 and again by Notfn. No.
F.4(11)Col/81, dt. 17.01.2000.
4. Added by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
(ii) An application made under sub-rule (3) clause (i) shall be verified by the applicant as a plaint according to the provisions for the Code of Civil Procedure, 1908 (Central Act V of 1908).
(iii) The applicant shall file, alongwith his application an affidavit duly verified by a Magistrate or Oath Commissioner to the effect that the factual information given by him in his application regarding his permanent place of residence, means of livelihood, extent of his land holding, if any, and other particulars are true to his best knowledge or belief.
1[XXXX]
(4) Enquiry and report on application.- (i) On receipt of an application the allotting authority shall immediately register it in a register to be maintained in his office on form XX and shall issue a receipt to the applicant in form XXI.
(ii) The allotting authority shall scrutinize the applications and the annexed affidavits and shall verify the particulars contained therein with reference to the relevant entries in the land record and shall conduct or get conducted such enquiry as he may consider necessary for his satisfaction.
(iii) Aftere satisfying himself about the correctness of the information submitted by the applicant the Allotting Authority shall arrange the applications according to the priority for allotment provided in sub-rule (1) of rule 7. He shall next fix a date, time and place for deciding the applications shall and affix a notice to the effect on the notice board of his office. Such notice shall not be of less than 7 days. The Allotting Authority may decide the applications on the date and time so fixed 2[in consultation with the Advisory Committee. The constitution of the Advisory Committee and Quorum for the meeting of the Advisory Committee shall be as provided under rule 13 of these Rules.]
(iv) If it is discovered at any time that any information submitted by any applicant is false, or if any allottee fails to cultivate the land personally the entire land allotted may be resumed by the Allotting Authority without payment of compensation.
(5) (i) A Sum 3[of Rs. 500/-] of the notified price shall be deposited by the applicant as earnest money before his application is taken up for consideration by the allotting authority.
4[(ii) Twenty-five percent of the notified price shall be paid by the allottee at the time of issue of the allotment order, and 5[ten] percent of the notified price shall be paid by him before taking actual possession of the land allotted to him.
________________________________
1. Delected by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
2. Inserted by Notfn. No. F.4(2) Col/92, dt. 12.03.1992.
3. Substituted by Notfn. No. F.4(9) Rev/Col./87, dt. 22.09.1988.
4. Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 20.08.1981.
5. Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 25.11.1983.
(iii) The remaining 1[60%] shall be recovered in 2[five equal instalments.] if the allotment order is issued before 30th June of the year, the first instalment shall fall due on the first day of January of the year immediately following and if the allotment order is issued in between 1st July and 31st December of the year, the first instalment shall fall due on 1st July of the year immediately following, 3[the second, third, fourth and fifth instalments] shall fall due one year after the preceding instalment respectively.]
The earnest money of an applicant who retracts and does not deposit the notified price as prescribed in the rules at the time of allotment shall be forfeited by the State Government.]
4[Provided that if an allottee pays total price of the land allotted to him in lump-sum at the time of issue of the allotment order, the allottee shall be allowed a rebate of 15% of the price of allotted land.]
5[Provided that if any allottee fails to deposit the instalment on due date, as prescribed in the allotment order, the allotment shall be deemed cancelled without any notice.]
6[Provided further that if an allottee deposites all or some of his remaining instalments atleast 12 months before the date on which they fall due, then rebate at the rate of 4% per year shall be admissible on each such instalments paid in advance.]
7[(iii-A) For special allotment in second stage, 20% of the notified price shall be paid by the allottee at the time of issue of the allotment order and thereafter actual possession will be given to him and remaining 80% amount shall be recovered in 8[twelve yearly equal instalments] from the allottee. The other conditions of the Rule 13-A will remain as such as prescribed in the said rule.]
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1. Substituted by Notfn. No. F.4(10) Rev/Col/75, dt. 25.11.1983.
2. Substituted by Notfn. No. F.4(8)/Col/98, dt. 12.10.2000.
3. Substituted by Notfn. No. F.4(8)/Col/98, dt. 12.10.2000.
4. Added by Notfn. No. F.4(2) Col/92, dt. 22.07.1995.
5. Added by Notfn. No. F.4(2) Col/92, dt. 01.03.1996.
6. Inserted by Notfn. No. F.4(11) Col/98, dt. 20.05.2009.
7. Inserted by Notfn. No. F.4(1) Col./2001, dt. 28.11.2004.
8. Substituted by Notfn. No. F.4(1) Col./2001, dt. 13.05.2005.
1[(iv) In case more than one eligible persons of the same category applying for allotment of the same plot of land, allotment shall be made by 2[sealed bid] amongst these persons, but the highest bid shall not be sanctioned by the Allotting Authority if it is less than the maximum price for a check notified under rule 13-A.]
3[Provided that the applicants to whom land could not be allotted due to the above procedure, may be allotted alternative unallotted land out of those lands which were previously notified and applications were invited for allotment of those lands, if there are no pending applications from other applicants for allotment such unallotted land.]
4 [(v) XXXX]
(vi) After completion of allotment the earnest money of the non-allottee applicants shall be returned immediately.
5[(vii) 6[If any Government land allotted as Uncommand land on or after 21st January, 1992, subsequently becomes command land], the allottee or his transferee including subsequent transferee, in possession of the land, as the case may be, shall pay to the State Government the price fixed for the nearest command land in the same chak notified under Rule 13-A(1) at the time of the initial allotment of the Uncommand land, and in case the price of command land in the same chak has not been fixed under this rule at the time of initial allotment of uncommand land then the price of command land in the nearnest chak, increased @ 15% per annum from the date of initial allotment upto the land becoming command land less the price which he has already paid for the allotment of the uncommand land.]
7[8[(viii-a)] If any land allotted as a command land is subsequently declared as an uncommand land by a competent authority before its price having been fully paid-up, the price of such land shall be charged as payable for un-command land and the amount already paid shall be adjusted towards such price, the amount paid in excess being refundable.
The price of un-command land shall be determined on the basis of rate of un-command land of similar nature in the same chak or nearest chak applicable on the date of allotment 9[alongwith interest of 12% per annum lumpsum] on instalments which became due but had not been deposited.]
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1. Substituted by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
2. Substituted by Notfn. No. F.4(19) Col./99, dt. 09.11.1999.
3. Added by Notfn. No. F. 4(29) Col/99, dt. 20.01.2000.
4. Deleted by Notfn. No. F.4(9) Rev./Col./87, dt. 22.09.1988.
5. Added by Notfn. No. F.3(92) Col./91, dt. 21.01.1992.
6. Substituted by Notfn. No. F.4(3) Col./2009, dt. 13.07.2009.
7. Added by Notfn. F. 4(2) Col/92, dt. 19.02.1997.
8. Renumbered by Notfn. No. F.4(2) Col./2008, dt. 15.02.2010.
9. Substituted by Notfn. No. F.4(1) Col./2001, dt. 28.11.2004.
1[Explanation – “Sealed bid” means the application in Form No. 23.]
2[3[(viii-b)] If the allotment of land to an allottee has been cancelled or deemed cancelled as per provisions of these rules for non-payament of price of land then if the allottee applies within six months from the date of cancellation or the date of deemed cancellation of allotment or from the date of this notification the allotment shall be restored on payment of unpaid price in a lump sum with 12% interest per annum.]
4[(ix) Where the allotment of land to an allottee has been cancelled or deemed to have been cancelled for non-payment of price of land as per the provisions of these rules and the land has not been allotted to any other person, the allotment shall be restored if the allottee deposits the remaining unpaid price of land (without any interest) as lump-sum amount up to 5[31.12.2013].]
6[13-B. Notwithstanding any thing contained in Rule 13-A, a land allotted before 31.12.1992 to a person eligible for allotment as a sale by special allotment under the said rule, but such allotment being invalid on the ground that the land so allotted was not notified in the official gazette as required may be regularised by Collector/Commissioner on payment of the present cost of land calculated at rates for special allotment prevailing on the date of application for regularisation.
The present rates for special allotment shall be determined by the Commissioner keeping in view the rate of land of similar soil classification notified for the special allotment in the same or the nearby chak at the time of earlier allotment and by affecting 15% yearly increase in them. The rate so determined shall be notified. The application for such regularisation shall have to be submitted within a period of 180 days or upto the time to be extended by the Government from time to time from the date of issue of notification of rates at which land shall be regularised. The amount if any already paid shall be adjusted if it is in excess of 35% of the present cost, the balance shall have to be deposited alongwith application of regularisation. The remaining price shall be recovered as per the provisions of clause 3 of sub-rule 5 of Rule 13-A :
Provided if the above allotment is made of a small patch which, infact, is not a small patch, such allotment of the land shall not be regularised.]