All allotments of land made under these rules shall be made and shall be deemed to have been made under the following terms and conditions :-
(1) The allottee shall pay to the State Government the price for the allotted land @ of such scale and in such manner as laid down in rule 7 of these rules.
(2) Subject to the provisions contained in these rules, the Rajasthan Colonisation (General Colony) Conditions, 1955 shall apply.
1[(3) Initially, the allotment shall be on ghair Khatedari tenure only, but khatedari rights shall accrue in the land so allotted after the expiry of 2[three years] from the date of allotment or after the full price of the land, together with other dues of the State Government, if any, have been paid by him to the State Government, whichever is later :
Provided that the right to sell the allotted land shall not accrue to allottee before the expiry of 3[three years] from the date of allotment :
Provided further that an allottee to whom land is allotted under these rules shall be given khatedari rights at once if he pays all price of allotment payable by him and difference amount of reserve price for general allotment prevailing at the time of giving khatedari rights, with a premium at the rate of 2,000/- per bigha for irrigated land Rs. 1,000/- per bigha for unirrigated land. After accrual of khatedari rights, such allottee may sell his land subject to the provisions of Sec. 13 of the Rajasthan Colonisation Act.]
(4) During the period of ghair-khatedari tenure, the allottee shall not have any alienable and transferable rights in land and shall not transfer or alienate the land to any other person in any way e.g. by sale, mortagage, gift, transfer, lease or otherwise. No transfer or alienation of land even in the form of a Nokername, Mukhtiarname, Tebilname, Ikrarname or the like shall be permissible.
4[Provided that after the expiry of 5[three years] from the date of taking over possession by the allottee and subject to allottee having paid the full price of land allotted to him, the Colonisation Commissioner may, on the application of the allottee, after satisfying that hard and exceptional circumstances exist, allow the allottee to relinquish the land allotted to him in favour of the State Government on refund of the price paid by him for the said land :
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1. Substituted by Notfn. No. F.4(4) Col/99, dt. 15.04.2000.
2. Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.
3. Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.
4. Added by Notfn. No. F.4(a)(I) Rev./Col/68, dt. 02.03.1973.
5. Substituted by Notfn. No. F.4(4) Col/99, dt. 29.09.2008.
Provided further that no order under the first proviso allowing relinquishment shall be passed by the Colonisation Commissioner without obtaining the previous approval of the State Government. In case the State Government refuses to give such approval, the Colonisation Commissioner may allow the allottee to transfer the land in favour of any other person.]
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(9) The allottee has to produce his identity card on demand as and when demanded by the Colonisation or Revenue Authorities of the area.
5[(9-A) An allottee, possession of whose acquired land had not been taken before the allotment of land to him under these rules, shall have to produce before the Allotting Authority a certificate from the land Acquisition Officer of Himachal Pradesh Government regarding handing over of the possession by him of the acquired land within a period of two months of the harvesting of the crop standing at the time of issue of the certificate by the Certifying Authority.]
(10) In case of any breach of any terms and conditions by the allottee, the allotment of land made to him shall be liable to be cancelled by the allotting authority or by the Collector and the land shall revert to the State Government free from all encumbrances and without any liability of payment of compensation. He shall be further liable to any action which may be taken under the provisions of the Act and the Rajasthan Colonisation (General Colony) Conditions, 1955.
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1. Deleted by Notfn. No. F.06(12)/Col./18, dt. 27.02.2019.
2. Deleted by Notfn. No. F.06(12)/Col./18, dt. 27.02.2019.
3. Deleted by Notfn. No. F.06(12)/Col./18, dt. 27.02.2019.
4. Deleted by Notfn. No. F.06(12)/Col./18, dt. 27.02.2019.
5. Added by Notfn. No. F.4(a)(I) Rev/Col/68, dt. 02.03.1973.
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