Notwithstanding anything contained in these rules the Government may make allotment to any person as a special case :
4[Provided that Government may delegate the powers of allotment in any case or a class of cases under this rule to the Colonisation Commissioner or the Collector or to any other prescribed authority, subject to such terms and conditions as may be prescribed in this behalf.]
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1. Added by Notfn. F. 19(7) Rev./Col./78, dt. 04.06.1981
2. Substituted by Notfn. F. 6(34) Rev./II/54/Irg., dt. 14.10.1959
3. Inserted by Notfn. F. 4(13) Rev./Col./76, dt. 19.09.1978 and substituted by Notfn. F. 19(7) Rev./Col./78, dt. 04.06.1981
4. Added by Notfn. F. 18(3) Rev./Col./77, dt. 07.02.1981 1[9-A. Disposal of Government land by auction.- (i) The State Government may reserve any area or class or category of Government land for sale by public auction.
(ii) For sale by public auction under sub-rule(i), the provisions of Part-B of the Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules 1955, shall mutatis mutandis, apply.]
2[9-B. Regularization 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, on the advice of the Advisory Committee, instead of ejecting a transpasser 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):
3[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:]
Provided that such trespasser has been in continuous possession of the trespassed land for five years or more prior to 01.01.1995.
(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 scrutinizing 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 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 has fallen due for payment.
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1. Added by Notfn. No. F.4(8) Rev./Col./75, dt. 25.11.1975.
2. Inserted by Notfn. No. F.4(3) Col./99, dt. 26.09.2004.
3. Substituted by Notfn. No. F.4(3) Col./99, dt. 11.01.2008.
(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%] 1[(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 members or his successor is bona fide agriculturist and continuously cultivating the said land personally, the allotting authority may on advice of Advisory Committee 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.]