All payments mentioned hereinbefore shall be paid on the same that as that on which the instalment of rent of land revenue in the Tehsil in which the land is situated is pavable and shall be paid during working hours at the nearest Government treasury or sub-treasury '[or] to such person or persons and at such times and places as the Government or the Collector from time to time, may appoint.
17. The grantee shall be and remain bound by the following obligations and shall be deemed to have entered into covenant for their due performance and observance:-—
(1) Use of land.—Not to use the lands or any part thereof in a manner liable to harm them or lessen their value for which renders them unfit for the purposes for which he holds them, or which arc ordinarily subservient thereto.
(2) Against injury 1o reserved rights.—Not 10 do or suffer 1o be done any act inconsistent with or injurious to any of the rights excepted and reserved o the Government.
(3) Entry of Government Officers—To permit without let or hindrance all officers or servants of the Government and all other persons duly authorised by Government in that behalf to enter the land or any building thereon at all times and do all acts and things necessary for or incidental to:—
(a) the purpose of enforcing compliance with any of the terms or condilions of the grant, or of ascertaining whether they have been duly performed or observed, or
(b) any purpose connected with full enjoyment, discovery and use of the rights reserved to the Government:
Provided that no residential building shall be so cntered except at a reasonable time and after twenty four hours notice.
(1) Public rights and easements.—Not 1o interfere with the lawful use by the public and land holders of the Chak or village of any thoroughfare on the land to which the grant relates or with the exercise by any third person of any right and easements exisling thercon at the time of the grant, or which the grantec is bound by the terms of the grant to create or allow.
(5) Boundary Marks—At his own cost, when so required by the Collector, to erect permanent marks on the lands hereby leased, demarcating correctly the boundaries and limits thercof, and at all
1. Subs. vide No. 3 [12-8-80] Con. 17 THE RAJ. COL. (GENERAL COLONY) CONDITIONS, 1955 621 6
(8) ) 1(10) times maintain the same in good repair in accordance with any directions from time to time issued by the Collector.
Peaceful surrender '[{on] expiry of period.—If the grant is for a limited period or if the grant can be terminated under the terms thereof, lo leave the land as soon as the grant is terminated and surrender it peacefully to the Collector, and if so required by the Collector, to pull down and remove any structure existing thereon, and deliver up the land in a level state or as in its former condition.
Surrender for Public purpose etc.—In either of the following events:—
(a) if the land or any portion thereof is required for any public purpose, or for any of the purposes mentioned in condition 8 of this statement, or
(b) if it should be found that the whole or any part of the land has already been granted to any third persons, to peacefully surrender the whole or so much of the land as may be required on demand by the Collector or by the previous grantee, as the case may be.
Power to resume lands for roads, railways etc.—On receipt of a requisition in writing from the Collector, to peacefully permit him to take possession of and finally to resume for the Government, so much of the said lands as may from time to time, in the opinion of the said Collector, be required for the construction, repair or maintenance of railways and roads to be constructed at public expense by the Public Works Department or any works connected therewith, and be bound to accept it, full satisfaction and compensation for the same an equal arca of land elsewhere on the canal or such other form of compensation as the Collector may determine, together with any compensation which the Collector may consider reasonable on account of the cost of any improvements made by the grantee on the lands resumed by Government. The land given in exchange, if any, under this clause shall be held by the tenant on the same conditions in all respects as the land resumed.
Exchange of Tenancy.—On demand by the Coliector and for purposes of rectangulisation of fields, consolidation of holdings and propagation of an improvement scheme, to peacefully exchange the grant for land elsewhere, as nearly as may be cqual in value to the land surrendered and on the same terms and conditions, the said terms and conditions to apply in like manner as if the land taken in exchange had been the land originally granted.
Alienation.—Not to transfer or attempt to transfer, without previous sanction in writing of the *[State Government or an officer authoriscd in this behalf by the State Government], any right, title or interest in
1. Subs, by No. 3 [1 2 Subs. by No. < | 8- 80] -11983]
3. Subs. by No. 9 [16-2-1984], for “Collector”.
622 THE RAJ. COL. (GENERAI COLONY) CONDITIONS, 1955 Con. 18 or possession of, the whole or any part of the said lands or sub-let the same or create or atlempt to creale any charge thereupon, till khatedari rights, on the said lands, have accrued to the grantee and the provisions of section 13 of the Act have been complied with. |
(11) To disclose by written acknowledgment to the officer authorised to make the grant when the grant is applied for:—
(i) if he is in the service of the Government; or
(ii) if he or any member of his family or any of his co-sharers in any other tenancy has previously received from the Government any grant of land; and
(iii) such other information or informations as the Government may from time to time in the rules prescribed for grant of lands to which this has been applied, require to be disclosed.
Explanation.—In this clause expression “member of his family” means the wife or any decedent of the grantee or of his paternal grant father or father, and such other person, who is or has been, prior to 31st December, 1947, a member of the joint family of the grantee.
18. The grantee, whether by way of Ghair Khatedari tenancy or conferment of Khatedari right or otherwise, shall be and remain bound, jointly and severally with other lands holders and inhabitants of the chak or village, by the following obligations and shall be deemed to have entered into a covenant for their due performance and observance and to pay his share of their cost and maintenance:—
(1) Construction of Masonry well or reservoirs.—To dig and construct within reasonable period a masonry well for drinking purposes or to construct two separate pucca lined reservoirs (Giggies) near the village Abadi site for use of human being and cattle respectively at a site approved by the Collector;
(2 to manage and maintain in proper order, according to rule to be framed therefor separately, the common village pasture lands allotted by the Collector for cornmon benefit of the inhabitants of the village or chak abadi;
(3) Village forest—To plant and maintain a village forest, according to the rules to be prescribed therefor separately for the common benefit of the inhabitants of the village or chak abadis at a sile to be allotted therefor by the Collector.
'[19. Residence in chak or village.—(1) The grantce shall settle permanently in the chak or village in which the grant is situated within six months of the date on which the Collector directs that he be put in possession of a specified area of land, and within one year of the same date he shall build a house, of an approved plan and to the satisfaction of the Collector on a site allotted by the said Collector or with permission of the Collector, on his own lands:
1. Subs. by No. 3 [12-8-80] Con. 20 THE RAJ. COL. (GENERAL COLONY) CONDITIONS, 1955 623
Provided that when the grant is held jointly by two or more persons the Collector may for sufficient reasons excuse any of such joint holders from personal residence in the chak or village:
Provided further that when the lands of the grant area situated in more than one chak or village the grantee may with the previous approval of the Collector, clect to settle down in any one of such chak or village.
(2) Model abadi—Where a new abadi is established in a chak the land holders thereof shall be and remain bound jointly and severally to inhabit themselves in the form of a model abadi of lay out duly approved by the Coltector.]