All government lands in the project area whether unoccupied or resumed under rule 4, shall be allotted to the following different classes of tenants in the scales shown against them :-
(1) Temporary tenants who are cultivating government lands under temporary cultivation leases, irrespective of the fact that such leases have been renewed in the past from time to time, and who held no tenure lands in their own name or of any member of their joint family, if any,-
(i) Those cultivating government lands since before December 31,
1947.
6[(ii) Those cultivating government lands since after 31st December, 1947.
50 Bighas (two Murrabas) of the joint family consists of 4[adult male members] not exceeding five who have attained the age of 18 years and if the joint family consists of more than five 5[adult male members] an additional area of 15 Bighas per head may be allotted to the tenant for each of the additional adult male member of the family, who has attained the age of 18 years.
(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 hold such lease land less than 15 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.
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1. Substituted by Notfn. No. F.6(77) Rev.B./55, dt. 25.5.1956.
2. Added by Notfn. No. F.6(77) Rev.II/54, dt. 29.11.1957.
3. Substituted by Notfn. No. F.6(77) Rev.B./55, dt. 25.5.1956.
4. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
5. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
6. Substituted by Notfn. No. F.20(9) Col./98, dt. 27.09.2001.
(b) If an adult son/adult unmarried 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 adult son/adult unmarried daughter to the extent to which he is eligible. In case, there are more than one such adult son/adult unmarried daughter, such surplus land shall be allotted to them as co-tenants.
Explanation- In this sub-rule, the expression “adult son/adult daughter” means a son/daughter who has attained the age of majority according to the Indian Majority Act, 1857 on or before 01.01.1985.]
(2) Tenure tenants holding Khatas under proprietary, Mauroosie; or Khatedari rights in their own name or of any member of their joint family :-
(i) In case of tenants whose family consists of not more than five adult male members who have attained the age of 18 years-
(a) If the area of tenure lands held by them under or by members of their joint family is 50 Bighas or more.
(b) If the area of tenure lands held by them under or by members of their joint family is less than 50 Bighas.
No government land shall be allotted out of the area held by them under temporary cultivation leases.
So much area of government land 1[held by them on temporary lease] only as would bring up their lands to an aggregate of 50 Bighas (2 Murrabas) for both tenure as well as government lands to be now allotted
(ii) Where the joint family of a tenure tenant consists of more than five adult male members who have attained the age of 18 years, an additional area of 15 Bighas per head may be allotted to the tenant for each of such additional members.
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1. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
1[(iii) When the allotment is made to the father of the joint family as a manager, the copartners who separated after allotment but before 31st December,1952 and have been cultivating the lease land severally since partition are eligible to allotment of land according to the following scale :
(a) Father 50 bighas in case he is pre-1947 allottee;
(b) Sons 25 bighas each :
Provided that they shall not be allotted land in excess of the lease land actually held by them and proportionate reduction in the sons holding shall be made in case the father has more than 50 bighas of tenure land.]
(3) Landless tenants (other than displaced persons) who are agriculturists by profession and whose main stay of life is agriculture but who have no agricultural tenure or temporary cultivation lands in their own name or in the name of any member of their family and are cultivating lands under tenure tenants without having acquired any rights thereon as contemplated in clause (iii) of Rule 14.
4[(3-A) Released Sagri
(4) Displaced persons who are agriculturists by profession and whose main stay of life is agriculture but who have not been allotted any land out of evacuee property lands and in whose favour a nonavailability certificate has been issued as contemplated in rule 15.
(5) Sub-tenants holding less than 25 Bighas of sub-tenancy lands on which they have acquired a right and from 2[15] Bighas. 3[XXXX] 15 Bighas] 5[15]Bighas. 6[XXXX] So much area of government land as would bring up the total area of their sub- ____________________________________
1. Substituted by Notfn. No. F.6(77)Rev./B/54, dt. 04.04.1958.
2. Substituted by Notfn. No. F.6(77)Rev.II/54, dt. 29.11.1957.
3. Deleted by Notfn. No. F.6(77)Rev./B/54, dt. 04.04.1958.
4. Added by Notfn. No. F.4(19)Rev./Col./76, dt. 27.08.1976.
5. Substituted by Notfn. No. F.6(77)Rev.II/54, dt. 29.11.1957.
6. Deleted by Notfn. No. F.6(77)Rev./B/54, dt. 04.04.1958.
which they are liable to ejectment as contemplated in clause 1[(iii)] of rule 14
(6) Tenure tenants holding Khatas under proprietary, Mauroosie or Khatedari rights who are left with less than 50 Bighas of land of their tenure Khata for Khudkasht purposes if their sub-tenants not liable to ejectment are allowed to retain lands of their sub-tenancy .
(7) Tenants of Barani lands of village of Bikaner and Churu Districts and Tehsils Hanumangarh, Nohar, Bhadra and Suratgarh of SriGanganagar District adjoining Bhakra. Project area lying within a depth of 15 miles from the fringe thereof provided that such villages do not fall within the expected irrigation zone of the Rajasthan canal and if sufficient area is available for such allotment in the border area of the Project.
tenancy lands and the government land to be now allotted to an aggregate of 2[15 Bighas] i.e. an area equal to the difference between 3[15] Bighas and the area of the sub-tenancy lands held by him.
So much area of government land as would render the area of his Khudkasht land equal to 4[15] Bighas or one Murraba i.e. an area equal to the difference between 5[15] Bighas and the area of Khudkasht land left with the tenure tenant.
6[15 Bighas].
Explanation- The areas mentioned in this rule shall be of commanded and irrigable lands. Where the area held or to be allotted is uncommanded or Barani, three Bighas thereof shall be reckoned equivalent to one Bigha of the commanded and irrigable area.]
7[16-A 8[Exemption].- (1) 9[Subject to the provisions of rule 14 10[(ii)] no person shall be allotted any land under rule 16 out of the government lands held by him under a temporary cultivation lease if he has not been cultivating the lease land personally :]
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1. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
2. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
3. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
4. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
5. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
6. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
7. Added by Notfn. No. F.6(77) Rev.B./55, dt. 25.05.1956.
8. Added by Notfn. No. F.22(6) Rev/Col./65, dt. 21.10.1967.
9. Added by Notfn. No. F.6(77) Rev.II/54, dt. 29.11.1957.
10. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958 1[Provided that if a temporary tenant could not secure physical possession in time of the land temporarily allotted to him before the 31st December, 1952, by a competent authority owing to any legal proceedings, obstruction or trespass by other persons or any other reason beyond his control but has subsequently obtained possession under the terms of the said allotment and since then has been cultivating it personally, shall be deemed to be cultivating the said land personally for the period of such dispossession.]
(2) No government land shall be allotted to any tenant or a family under rule 16 in excess of the government land actually held by him under a temporary cultivation lease on 15th June, 1955:
Provided that no temporary 2[or tenure] tenant to whom land is allotted under sub-rules (1) and (2), or rule 16 shall be allotted less than 3[15] Bigha 4[XXXX] if government land is available for the purpose in the village.
(3) Where any tenant to whom government land is to be allotted under rule 16 also holds any tenure or sub-tenancy land, no government land shall be allotted to him under the rule 16 unless he agrees to consolidate them both in one block. This rule may, however, be relaxed if either, for purpose of such consolidation, no government land is available in the vicinity of the tenure or sub-tenancy land held by the tenant or if the land available is, in the opinion of the colony Tehsildar, of a much inferior quality than the land which he may have to vacate for the purpose.
5[16-B. 6[Allotment of land on the death of a tenant who held a temporary cultivation lease].- (1) Where the tenant to whom a temporary cultivation lease was granted has died but his widow or daughters or male lineal descendants are in continuous possession thereof and have been cultivating it ever since the death of the said original tenant without getting the lease regranted in their favour, such widow or daughter or male lineal descendants of the deceased tenant shall be deemed to be temporarily cultivation lease holders of the land and allotment thereof shall be made in their favour in accordance with the provisions of rule 16.
(2) When the allotment was made to one of the brothers living jointly at the time of allotment as Mukhia of the joint family and he dies issue less, the brothers of the deceased allottee who have been in continuous possession and been cultivating the land since the death of deceased allottee without getting the lease regranted in their favour shall be deemed to be the temporary cultivation lease-holders of the land and allotment thereof shall be made in their favour in accordance with the provisions of rule 16.]
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1. Added by Notfn. No. F.6(77) Rev./A/54, dt. 04.09.1957.
2. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
3. Substituted by Notfn. No. F.6(77) Rev.B./54, dt. 08.12.1956.
4. Deleted by Notfn. No. F.6(77) Rev.B./54, dt. 31.05.1958.
5. Substituted by Notfn. No. F.6(77)Rev.II/54, dt. 29.11.1957.
6. Added by Notfn. No. F.22(6) Rev/Col./65, dt. 21.10.1967.
16-C. 1[Partition and alienations effected after 31-12-1951].- All partitions and alienations (including sales, gifts and grants of sub-tenancy in a manner as would create a tenure right in favour of the sub-tenant) affected after 31st December, 1952, and which tend to reduce the area of any tenure Khata, shall not be taken into consideration for purposes of rules 14 and 16 while computing the areas of tenure lands held by a temporary cultivation tenant or for determining his eligibility for allotment of government lands held under a temporary cultivation lease computed as if no such alienations or partitions had taken place at all.]