(1) On an application for fresh allotment, the Collector shall consider such application on its own merits and shall, if satisfied that the applicant is eligible for allotment of land in accordance with these rules, allot the land applied for, or any other suitable land if available, on payment of price fixed under rule 7 and grant the applicant Khatedari rights therein.
2[(1-a) In case where allotment of land is made to a married Agriculturist, the allotment shall be in the joint name of husband and wife and the allottees, in such case, shall be deemed to be joint allottees.]
(2) In making allotment of fresh land the Collector shall strictly follow the order of priority laid down in rule 3 and, subject to that order allotment of land to a particular chak or village shall be made first to the tenant’s residing in that particular chak or village and failing them, to the tenants residing in the adjoining chak or village.
Explanation- Criteria for determining the residence of a landless tenant in a particular chak or village will generally be the entry, made in Malshumari papers and Girdawari; and if the entries go against the applicant, the burden of proving the residence shall lie on the applicant.
(3) Where there are more than one applicant of the same class for any land, it shall be allotted by drawing lots between all such applicants.
(4) The sale of land to the owners of small patches of land referred in sub-rule (2) of rule 3 shall be subject to the payment of price cash drawn in one instalment within six weeks of the date of allotment.
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1. Inserted by Notfn. No. F.4(3) Col./99, dt. 11.09.2002.
2. Inserted by Notfn. No. F.4(3) Col./99, dt. 11.09.2002.
1[(5) The Land belonging to a member of a Scheduled Caste or a Scheduled Tribe which vests in the State Government under sections 175 and 176 of the Rajasthan Tenancy Act, 1955 and under sections 13 and 14 of the Rajasthan Colonisation Act, 1954, shall be allotted only to a member of a Scheduled Caste or a Scheduled Tribe respectively, in accordance with the provisions of these rules.]
2[6-A (1) Notwithstanding anything contained in rules 3,4,5 and 6 and without prejudice to any proceedings pending there under, land up to 25 Bighas of irrigated land or 50 Bighas of unirrigated land may also be allotted to temporary cultivation lease holders to whom land had been allotted under Temporary Cultivation Leases Conditions, 1955 and who are in continuous cultivatory possession thereof beginning from 1953 to 1960.
(2) In making such allotments the Collector shall call for the relevant information from the Tehsildars and where any other land, is found to have been held already by a temporary cultivation lease, holder anywhere else, allotment shall be made only to the extent so as to make his total holding equal to 25 Bighas of irrigated and 50 Bighas of unirrigated land.
Explanation – For the purpose of this rule 1 Bigha of irrigated land shall be considered as equivalent to 2 Bighas of unirrigated land.]