The following shall be the conditions of sale under these rules :-
(a) All land sold under these rules shall be subject to the provisions of the Act and of the Rajasthan Colonisation (General Colony) Conditions, 1955 and of these rules.
(b) Land may be put up for sale in one lot or in several lots as may be mentioned in the notice and the 1[sealed bid officer] shall be competent to withdraw any lot or lots from sale without assigning any reason.
(c) No land shall be put to sale until the State Government has fixed a reserve price in that respect. The sale price shall be the reserve price determined by the State Government or the price offered in 2[sealed bid], whichever higher. The State Government, reserves to itself the right to revise the reserve price for various categories of land from time to time.
Explanation.- Until the State Government fixed the reserve price, the scales of prices as given in rule 17 shall be deemed to be the reserve price for the purpose of this rule.
(d) 3[No person shall be allowed to bid unless he has been a bona fide resident of Rajasthan for a period of not less than 10 years prior to the date of auction subject to any other restriction imposed by the Government] and unless he-
(i) deposits an earnest money amounting to five per cent of the total reserve price of each plot of land in cash. This earnest money shall be refunded on the spot to the unsuccessful bidder on the conclusion of the 4[sealed bid] proceedings on that day; and
(ii) declares in writing before the officer conducting the 5[sealed bid] that he does not hold any land in his own name or in the name of any member of the joint family any where in India or if he holds land the total area of the land already held and of the land that he wishes to purchase at the auction shall not exceed the ceiling area.
(e) No person shall at any 6[sealed bid] retract from his bid and if any dispute arises, the land shall be put up for 7[sealed bid] against the last disputed bid.
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1. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
2. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
3. Substituted by Notfn. No. F.4(9) Rev/ Col/87, dt. 03.09.1987.
4. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
5. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
6. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
7. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
(f) The highest acceptable offer shall be communicated to the Colonisation Commissioner and the sale shall not be complete unless the offer is accepted by the Colonisation Commissioner:
Provided that the Colonisation Commissioner shall not without the approval of the Government in Colonisation Department, accept an offer unless it is 15% above the reserve price.
(g) The State Government in the Colonisation Department of the Colonisation Commissioner, as the case may be, reserves the right to reject any bid without assigning any reason therefor and to withdraw any lot or lots from 1[sealed bid] at any time assigning any reasons :
Provided that in case of rejection of any bid the Colonisation Commissioner shall also pass an order for the refund of 2[20%] of the purchase price deposited under clause (h) and any other amount which might have been deposited by the bidder towards payment of the purchase price.
3[(h) A sum equivalent of 20% of the purchase price shall have to be deposited in cash by the bidder whose bid is to be recommended to the Colonisation Commissioner, immediately at the conclusion of the bid and the balance 80% amount shall be deposited by him in four half-yearly instalments with an interest of 12% from the date of approval of the sealed bid. The possession of the land would be handed over after the approval of the bid by the Commissioner.]
(i) Should any purchaser fail to observe or comply with any of the foregoing conditions his deposit shall be forfeited to the State Government and the Colonisation Commissioner may have the land resold by a public 4[sealed bid] and any deficiency of the price which may result on such re-sale shall be made good and paid by the defaulting purchaser:
5[Provided that where the purchaser fails to deposit the installments of price of land, no action for cancellation of allotment of land shall be taken by the allotting authority if the purchaser of deposits the remaining unpaid price of land without any interest as lump sum upto
31.12.2013:
Provided further that where the allotment of land by sale has been cancelled for nonpayment of installments of price of land and land has not been resold to any other person, the allotment shall be restored if the purchaser deposits the remaining unpaid price of land without any interest as lump sum upto 31.12.2013.]
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1. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
2. Substituted by Notfn. No. F.4(16) Col/99, dt. 29.02.2008.
3. Substituted by Notfn. No. F.4(1) Col/01, dt. 28.11.2004.
4. Substituted by Notfn. No. F.4(19) Col/99, dt. 09.11.1999.
5. Added by Notfn. No. F.14(8) Col/2009, dt. 29.05.2013.
(j) If it is discovered at any time that the declaration referred to in sub-clause (ii) of clause (b) is false or if the purchaser fails to cultivate the land personally, the entire land sold may be resumed by the Allotting Authority without payment of any compensation.
1[(k) If at any time any Government land sold as uncommand land/barani land becomes command land, the purchaser or his transferee, including subsequent transferres in possession of the land as the case may be, shall pay to the State Government, the price of command land notified by the State Government at the time of the sale of uncommand/barani land of the same murabba/chak and in case the price of command land in the same murabba/chak has not been fixed then the price of command land in the nearest murabba/chak or the price offered in open auction at the time of sale of uncommand land, whichever is higher, along with interest @ 12% per annum from the date of sale of uncommand land and up to the date of paying the difference amount of command land, less the price of which he has already paid for the uncommand/barrani land.]