(1) Except in cases where any reservation has been made of government land or lands for any specific purpose or for allotment to any particular class of persons or tenants and provided that the allottee is not otherwise disqualified under these rules for an allotment, in making allotment of government lands preference shall be given to a person already cultivating government lands personally under a temporary cultivation lease over a landless tenant.
(2) For purposes of fixing priority for allotment amongst landless tenants, the eligible allottees shall categorised into the following groups viz :- ___________________________________
1. Added by Notfn. No. F.22(6)Rev./Col./65, dt. 21.10.1967.
2. Substituted by Notfn. No. F.6(77)Rev./A/54, dt. 04.09.1957.
3. Substituted by Notfn. No. F.6(77)Rev./A/54, dt. 04.09.1957.
4. Added by Notfn. No. F.22(6)Rev./Col./65, dt. 21.10.1967.
5. Added by Notfn. No. F.22(6)Rev./Col./65, dt. 21.10.1967.
6. Substituted by Notfn. No. F.6(77)Rev./A/54, dt. 04.09.1957.
7. Added by Notfn. No. F.22(6)Rev./Col./65, dt. 21.10.1967.
1[GROUP-A Residing inside the Project Area 2[(a) Landless persons of the village, Tehsil or the district respectively, identified as a beneficiaries of the Integrated Rural Development Programme.]
3[(aa)] Inhabitants of the village living therein since before 1947.
(b) Inhabitants who settled permanently in the village in and after 1947 4[but before 31st December, 1952].
(c) Inhabitants of the adjoining villages living therein since before 1947.
(d) Inhabitants of the adjoining villages who settled permanently in the said villages in and after 1947, 5[but before 31st December, 1952].
(e) Inhabitants of other villages in the Tehsil living therein since before 1947.
(f) Inhabitants of other villages in the Tehsil who settled therin permanently in or after 1947, 6[but before 31st December, 1952].
(g) Inhabitants of other Tehsils of the Bhakra Project area living therein since before 1947.
(h) Inhabitants of the other Tehsil of the said Project area who settled therein permanently in or after 1947, 7[but before 31st December, 1952].
GROUP-B Residing outside the Project Area
(a) Inhabitants of the uncommanded areas of Tehsils Hanumangarh, Bhadra, Nohar and Suratgarh.
GROUP-C Residing in other parts of Rajasthan
(a) Inhabitants of border area of Districts Bikaner and Churu upto a, 15 miles depth from the fringe of the Project Area.
(b) Inhabitants of other Tehsils of Bikaner, Churu and Ganganagar Districts, excluding villages commanded by Gang Irrigation System.
__________________________________
1. Substituted by Notfn. No. F.6(77)Rev./A/54, dt. 04.09.1957.
2. Substituted by Notfn. No. F.4(25)Rev./Col/77, dt. 10.11.1982.
3. Inserted and Renumbered by Notfn. No. F.4(13) Rev./Col./76, dt. 19.9.1978.
4. Added by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
5. Added by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
6. Added by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
7. Added by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
(c) Landless tenants of other pressure areas of Rajasthan, and in making allotment of government lands to landless tenants Group “A” shall receive priority over Group “B”, Group “B” shall receive priority over Group “C” and within the groups themselves allotment shall be made in order of preference as set out serially in each group.
1[(d) Inhabitants of Villages the area whereof is commanded by Gang Irrigation System, 2[living therein since before 31st December, 1952].
(e) displaced persons residing in the project area since before 31st December, 1952.
(f) other displaced, persons residing in any place in Rajasthan who have been duly registered in Rajasthan.]
3[Provided that a landless tenant who does not hold any tenure land anywhere in Rajasthan or such land as he holds is less than 21/2 acres of irrigated land or 5 acres of un-irrigated land shall be given preference within the category specified in sub-rule (2) which appertains to him.]
(3) Where there are more than one applicant of the same class for any land, it shall be allotted by auction to the highest bidder amongst all such applicants.
Note :- The auction shall be for the premium to be paid over and above price and instalments fixed and the bid amount of premium will be liable to be paid down in cash immediately the auction is sanctioned in favour of the bidder. No person will be allowed to bid unless he has deposited Rs. 5/-per bigha as earnest money for honouring his bids.
4[13-A Regularisation of certain cases of trespassers.- (1) Notwithstanding anything contained in these rules and subject to the specific or general directions of the government allotting authority may, 5[XXXX], instead of ejecting trespasser from the land occupied by him, allow him to retain possession of the whole, or part of such land 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) :
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1. Added by Notfn. No. F.6(77) Rev.B./55, dt. 25.05.1956.
2. Added by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
3. Added by Notfn. No. F.4(10) Rev./Col./75, dt. 27.12.1982.
4. Inserted by Notfn. No. F.4(2) Col/99, dt. 26.11.2004.
5. Deleted by Notfn. No. F.4(2) Col/99, dt. 20.05.2009.
1[Provided that such trespasser has been in possession over the trespassed land for minimum five years during preceding seven years from 01.01.2000 and still in continuous possession from 01.01.2000.]
(2) Upon regularization in the manner indicated in sub-rule (1) the trespasser shall be deemed to have been allotted the land so regularized under these rules and shall be governed by the terms and conditions prescribed in these rules.
(3) Such trespasser upon regularization shall be bound to pay the price at District Level Committee (DLC) rate.
(4) The price so fixed under sub-rule (3) shall be paid by the trespasser in four yearly instalments.
After scrutinising the papers submitted by the trespasser, if it is found that the case is fit for regularization, a notice is to be given to the said trespasser indicating the amount assessed and the said trespasser will deposit the first instalment within 15 days after serving the notice and as soon as the first instalment paid, the orders for regularization will be issued by the competent authority. The subsequent instalment shall be payable on or before 15th July of every year.
(5) The price of land so fixed shall be deemed to have become due from the date of order of regularization and an interest at the rate of 18% per annum shall be payable on the amount of the instalment which was fallen due for payment.
(6) All instalments together with interest if any, shall be paid at the nearest Treasury or Sub-Treasury.
(7) The following rates of rebate shall be allowed to the allottee :- For payment of the whole price in one lumpsum at the time of allotment Persons belonging to the SC/ST Beneficiary of the/IRDP Displaced Agriculturists/Displaced landless Agriculturists/ Released Sagri Others 15% 10%] 2[(8) Notwithstanding anything contained in these rules, the Agriculture Co-operative Society to whom land was allotted and the said society provided part of that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959 or voluntarily surrendered by such member or his successor who got gairkhatedari or khatedari rights in violation of sub-rule (7) of Rule 5 of the said Rules of 1959, if such member, was member of such co-operative Society on or before the date of commencement of these amendment rules and same is verified by the concerned registering authority and such member or his successor is bona fide agriculturist and continuously cultivating the said land personally, the allotting _________________________________
1. Substituted by Notfn. No. F.4(2) Col./99, dt. 11.01.2008.
2. Substituted by Notfn. No. F.4(2) Col./2007, dt. 04.08.2008.
authority may 1[XXXX] instead of ejecting him, allot the whole or part of that land subject to ceiling limit on payment of twenty five percent of the reserve price in case of member of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Below Poverty Line families, and on payment of fifty percent of the reserve price in case of others, by reducing the amount already deposited, if any.]