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Section 2: Interpretation

Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955State Rules of Rajasthan · 1954

In these rules, unless there is anything to the contrary in the subject or context-

(i) “Act” means the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954.)

(ii) “Allotting Authority” means the Collector as defined in section 2 (i) of the Act.

2[(ii-A) “Beneficiary of the Integrated Rural Development Programme” means a person who has been identified as being below the subsistence level and included in the Integrated Rural Development Programme and certified as such by the Collector or his authorised representative.]

3[(iii) “Colony Tehsildar” means an officer appointed as Tehsildar in the colonization department or Revenue Tehsildar where colonisation work is not operated.]

4[(iii-A) “Colony Naib-Tehsildar” means an Officer appointed as Naib-Tehsildar in the colonization department or Revenue Naib-Tehsildar where colonisation work is not operated.]

(iv) “Command land” means land shown as such by the irrigation department, in their command statement of any particular chak or canal.

5[(iv-A) 6[“Dy. Colonisation Commissioner”] means an officer appointed as such in the colonisation department.

_____________________________________

1. Added by Notfn. No. F.6(77) Rev.I/54, dt. 5.10.1957.

2. Inserted by Notfn. No. F.4(25) Rev./Col/77, dt. 10.11.1982.

3. Substituted by Notfn. No. F.10(7) Rev./B./gr.I/64 dt. 24.9.1965.

4. Added by Notfn. No. F.6(77) Rev.I/54, dt. 5.10.1957.

5. Added by Notfn. No. F.6(77) Rev.B./55, dt. 25.5.1956.

6. Substituted by Notfn. No. F.7(142) Irg./61, dt. 13.11.1964.

(v) “Government land” means and includes all unoccupied lands, common village lands and lands held under temporary cultivation leases or leases granted for any specific period or under any specific condition if such period of lease has expired or its conditions have not been duly fulfilled 1[and all such lands of the resumed Jagir Villages] 2[or resumed Zamindari and Biswedari estate on which no Morusie or Khatedari rights have been conferred on any tenant and which have been entered in Khatoni Paimaish and other records of the last Settlement as “Arazi Maqbuza Jagirdar or Bhogtan” or as “Arazi Maqbuza Thikana] 3[or as Shamlat].

4[(v-A) “Index price” means the market value of the land determined, from time to time, by the District Level Committee constituted under the provisions of the Rajasthan Stamp Rules, 1955, with respect of the land of similar soil class for the area in which the land to be allotted or sold is situated.]

5[(v-B)] “Integrated Rural Development Programme” means a programme undertaken by the State Government to identify the poorest persons subsisting below the poverty line, as well as the subsistence level, and residing in the rural areas, and to provide productive assets and benefits for their economic upliftment.]

(vi) “Landless tenant” means a bona fide agriculturist by profession who cultivates or can reasonably be expected to cultivate land personally and does not hold any land under Proprietary, Mauroosie or Khatedari rights in his own name or in the name of any member of his joint family and is not a sub-tenant of any land owner or land holder holding Khatas under Proprietary, Mauroosie or Khatedari tenures, not liable to ejectment under the provisions of the Rajasthan Tenancy Act, 1955 or of any law for the time being in force in the area, in which the land situated:

6[Provided that a released Sagri as certified by the Sub-Divisional Officer will be treated as landless tenant of that village;]

7[Provided further that the following categories of persons shall not be deemed to be landless tenants, namely :- ___________________________________

1. Added by Notfn. No. F.6(77) Rev.B./55, dt. 25.5.1956.

2. Inserted by Notfn. No. F.7(208)Irg./59, dt. 17.8.1961.

3. Added by Notfn. No. F.7(208)Irg./59, dt. 17.8.1961.

4. Inserted by Notfn. No. F.4(10) Col./95, dt. 5.5.1999.

5. Substituted by Notfn. No. F.4(25) Rev./Col/77, dt. 10.11.1982 and renumbered by Notfn.

No. F.4(10) Col./95, dt. 5.5.1999.

6. Added by Notfn. No. F.4(19) Rev./Col./76, dt. 27.8.1976.

7. Added by Notfn. No. F.4(10) Rev./Col./75, dt. 27.12.1982.

(a) an employee other than a casual or work charged employee of the government or of a commercial or industrial establishment or concern, his wife and children dependent on him;

(b) a person who has sold, or otherwise transferred the whole or part of the land held by or allotted to him, other than land transferred to or acquired by the government or statutory bodies, and thereby reduces the size of his holding to become landless tenant.

Explanation- For the purpose of this proviso “Sagri” means the bonded labourer as defined in the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976);]

(vii) “Tenure land” means land held under Proprietary, Mauroosie or Khatedari rights and Khatas composed of such lands and a person holding land, under all or any of the aforesaid rights shall be termed as “tenure-khata” and “tenure tenant” respectively.

(viii)“Temporary tenant” means a person holding government land under a temporary cultivation lease sanctioned in his favour by a competent authority 1[on or before 15.01.1987, whether his temporary cultivation lease renewed or not or has been cancelled and such cultivators having possession on such land till the date of allotment] 2[and shall, in case of resumed Jagir Villages 3[and resumed Zamindari and Biswedari estates] means a tenant of land shown in the land settlement records as “Arazi Maqubuza Jagirdar or Bhogtan or Thikana” who has not been conferred Mauroosie or Khatedari rights thereon and whose possession on such land has been described in “Naqusha Tanquin Haquq Khatedari” of Misal Bandobast of the said Settlement as that of “Ghair Dehkikari” nature only.]

4[PART-A ALLOTMENT

Where this provision sits

ActRajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955
Section2
Marginal noteInterpretation
JurisdictionState of Rajasthan
StatusIn force as published by the source

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