These '[Conditions] may be called the Rajasthan (General Colony) Conditions, 1955.
COMMENTARY Applicability of.—[1] Thc General Colony Conditions are not at all applicable to the Khatedars who have acquired khatedari rights prior to the coming into force of the Act by virtue of section 20, therefore the Sub- Divisional Officer totally lacs jurisdiction to grant any way in the khatedari of the petitioner. Jai Singh vs. State of Rajasthan, 1991 (2) RLR 546 (DB).
2] The provisions of the Rajasthan Colonisation (General Colony) Conditions, 1955 have been further made applicable to the following conditions and Rules, namely—
1. The Rajasthan Colonisation (Fruit vegetable Gardens) Conditions, 1955 (See Condition 2).
2. The Rajasthan Colonisation (Project area brick-kiln) Conditions, 1966 (See Condition 4).
3. The Rajasthan Colonisation (Allotment of Government land to Ghair Dakhildar Tenants in paintalisa Arca) Conditions, 1970 (See Condition 3).
1. Subs. by No. 3 {12-8-80] 610 THE RAJ.
COL.
( G E N E R A L C O L O N Y ) CONDITIONS, 1955 Con.
2
4.
The R a j a s t h a n Colonisation A c t - B h a k r a Project Gadolia Lohars (Allotment of G o v e r n m e n t Lands) Rules, 1955 (See Rules 4 & 9).
The R a j a s t h a n Colonisation ( C h a m b a l project G o v e r n m e n t lands Allotment & sale) Rules,
1957.
(See Rule 3).
6.
The R a j a s t h a n Colonisation (Grant of land for residence in chak Abadi) Rules, 1959 (See Rule 2
(4)).
7.
The R a j a s t h a n Colonisation (Allotment of land to Co-operative Societies) Rules, 1959 (See Rule 5).
8.
The R a j a s t h a n Colonisation ( M e d i u m & M i n o r Irrigation Project- G o v e r n m e n t lands Allotment) Rules, 1960 (See Rule 4).
9.
The R a j a s t h a n Special Assistance to disabled E x - s e r v i c e m e n & d e p e n d e n t s of deceased defence personnel (Allotment of Lands) Rules, 1963 (See Rules 4 & 7).
10.
The R a j a s t h a n Colonisation ( R a j a s t h a n Canal Project G o v e r n m e n t lands A l l o t m e n t & sale) Rules, 1967 (See Rule 4).
11.
The R a j a s t h a n Colonisation (Grant of land for residence in Chak Abadi in R a j a s t h a n Canal area) Rules, 1971 (See Rule 2
(g).
12.
The R a j a s t h a n Colonisation (Allotment of G o v e r n m e n t land to Pong D a m Oustees in the R a j a s t h a n Canal Colony) Rules, 1972 (See Rule 2 2).
13.
The R a j a s t h a n Colonisation (Special Grant of land for residence to landless persons, scheduled castes & S c h e d u l e d Tribes, village artisans, small and m a r g i n a l farmers) Rules, 1974 (See Rule
(2).
5
14.
The R a j a s t h a n Colonisation (Allotment & sale of G o v e r n m e n t land in than Canal colony area) Rules, 1975 (See Rule 2
(2).
15.
The R a j a s t h a n Colonisation (Jawai Project L a n d allotment & Sale) Rules, 1978 (See Rule 4).
2.
I n t e r p r e t a t i o n .
— I n these rules unless there is s o m e t h i n g to the contrary in the subject or c o n t e x t —
(a) “The Act” m e a n s the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVIlof 1954).
'[x x x]
(b) “Assessment Circle” means the Settlement Assessment Circle in which the land is situated or by which it is wholly or mainly surrounded;
“[(bb) “District Level C o m m i t t e e ” m e a n s the c o m m i t t e e constituted by the St Government for a district from time to time under clause
(b) of sub-rule
(1) of Rule 2 of the Rajasthan S t a m p s Rules, 2004;]
(¢) “the date of c o m m e n c e m e n t of the grant” shall unless provided otherwise in the order sanctioning the grant, m e a n the date on which
1.
Deleted by No.
3 [12-8-80]
2.
Ins.
by Noti.
No.
F.
4(11) Col/96, dt.
18.1.2010—Raj.
Gaz., Exty., Pt.
IV-C(1), dt.
25.1.2010, p.123 [w.cf.18.1.2010] = 2010 RSCS/Pt.
106/H.
234 Con. 2 THIE RAJ. COL. (GENERAL COLONY) CONDITIONS, 1955 611 the initial order sanctioning the grant was made by way of a Ghair Khatedar tenant;
(d) “Government” means the Government of Rajasthan and shall be deemed to include the successors and assigns of the Government;
(e) “Government land” shall mean and include all unoccupied lands and lands held under temporary cultivation lease or leases granted for a specific period or under specific conditions, if such period has expired and its conditions have not been duly fulfilled and shall also include common village Lands, Birs, Paitans and areas reserved for forest or other Government purposes;
(f) “Grant” includes any grant made in respect of land to which the Act has been applied, whether made by way of conferment of any class of rights, whether before or after the commencement of the Act, or by devolution or otherwise;
“Grantee” includes any person holding under a grant, whether as a Ghair Khatedar or Khatedar tenant or otherwise, and shall be deemed to include the successors and assigns of the grantee; and when the said term includes co-sharers, any liability imposed by these Conditions shall be the joint and several liability of each co-sharer;
COMMENTARY A grantee includes any person holding land under a grant, whether a ghair khatedar or khatedar tenant or otherwise. Since permanent allotment was made in favour of the respondent, he was a grantee and had a right to have access to the agricultural land allotted to him.
Dayal Singh vs. Jai Singh, 1988 RRD 41.
(g
(h) “Herein contained” means a condition or provision contained in this statement of conditions;
(i) “Inter-village” or “Dehati road” means a road required to connect a village or chak abadi with its circumjacent neighbouring village and chak abadis as well as to provide direct communications between various abadis existing in the same village;
() “Intra-village road” means road required to connect every holding in any chak or village with an inter-village road or with the abadi site of the chak or village.
(k) “Irrigation Officer” mean such officer of imigation department of the Government as may be duly authorised by the Government to deal with any matter mentioned in the terms or conditions of a grant;
(D) “The Kharif Crop” and “Rabi Crop” mean the crops generally sown and harvested in the Kharif and Rabi seasons respectively;
() “The Kharil Season” and the “Rabi Season” means the season of approximately six months each generally known as the Kharif and Rabi seasons respectively, and should any question arise whether any crop is a Kharif or Rabi Crop or whether the date on which any thing has been 6 0612 THE RAL COLAGENERAL COLONY ) CONDITIONS. 1955 o3 done or should be done falls in one season or other the question shall he decided by the Collector whose decision shall be final
(n) “The land” and “The said Jand™ shall, so far as a scpatate grant is concerned, be deemed 1o apply to and designate the lands mcluded i that grant; and
(0) “Minerals” include all substances of a mineral nature which can be won from the earth, such as coal, earth oil, gold-washings stonies and forms o soil which can be used for a profitable purpose on removal. whethe existing on, over or below the surface of the land