(1) Notwithstanding anything to the contrary contained in these rules such lands as may be notified in this behalf by the State Government in the Rajasthan Rajpatra to be sold by special allotment may be allotted to the persons who are eligible for such allotment in the order of preference given in rule 6 of these rules and where any such person is not available, to any other person who has been bonafide resident of Rajasthan for a period of not less than ten years from the date of application 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 II of 1973), at a fixed price to be notified by the State Government in the Rajasthan Rajpatra from time to time, for such notified lands.
(2) (i) The Allotting Authority, soon after the issue of the notification by the State Government in the Rajasthan Rajpatra for sale by special allotment at the price notified, shall issue a public notice in Form VIII under his signature inviting applications for special allotment within the time fixed therein which shall not be less than 30 days from the date of issue of such notice. The time fixed by the Allotting Authority for inviting application may be extended by him as and when necessary.
1[(ii) The contents of notice shall be made widely known in the locality, in which land proposed to be sold by special allotment is situated-
(a) by affixing copies thereof at some convenient place on or near about such land and in other conspicuous public places in the locality,
(b) by beat of drum, and
(c) by an advertisement in two newspapers having wide circulation in the locality.]
(iii) Where the Allotting Authority is not the Collector of the Revenue District, a copy of such notice shall also be sent to the Collector of the District for affixing it on the Notice Board of the Collectorate.
(3) (i) Within the time fixed in the public Notice issued under sub-rule (2) or within such time as may be extended by the Allotting Authority from time to time, any person eligible for allotment under this rule may present an application in Form-IX to the Allotting Authority of the area or to any other officer authorised by the Colllector.
(ii) An application made under clause (i) of sub-rule (3) shall be verified by the applicant as a plaint according to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
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1. Substituted by Notfn. No. F.4(4) Col./98, dt. 20.09.2011.
(iii) The applicant shall file, alongwith his application an affidavit duly verified by a Magistrate or an Oath Commissioner to the effect that the factual information given by him in his application regarding his permanent place of residence, means of livelihood, extent of his land holding, if any, and other particulars are true to the best of his knowledge and or belief.
(iv) Applications received after the time fixed in the public notice issued under sub-rule (2) or after the extended time under sub-rule (2) shall not be considered and shall be filed in a separate file kept for the purpose, unless the Allotting Authority desires to consider, any application received late as a special case for reasons to be recorded in writing.
(4) (i) On receipt of an application the Allotting Authority shall immediately register it in a register to be maintained in his office in Form-X and shall issue a receipt to the applicant in Form-XI.
(ii) The Allotting Authority shall scrutinise application and the annexed affidavit and shall verify the particulars contained therein with reference to relevant entries in the land record and shall conduct or get conducted such enquiry as he may consider necessary for his satisfaction.
(iii) After satisfying himself about the correctness of the information submitted by the applicant the Allotting Authority shall arrange the applications according to the priority for allotment as provided for in rule 6. He shall next fix a date, time and place for deciding the applications and shall affix a notice to this effect on the notice board of his office. Such notice shall not be of less than 7 days. The Allotting Authority may decide the applications on the date and time so fixed.
(iv) If it is discovered at any time that any information submitted by any applicant is false or if any allottee fails to cultivate the land personally the entire land allotted may be resumed by the Allotting Authority without payment of compensation.
(5) (i) A sum equivalent to 5% of the notified price shall be deposited by the applicant as earnest money before his application is taken up for consideration by the Allotting Authority.
(ii) Twenty five percent of the notified price shall be paid by the allottee at the time of issue of the allotment order, and twenty percent of the notified price shall be paid by him before taking actual possession of the land allotted to him.
(iii) The remaining 50% shall be recovered in two equal instalments. If the allotment order is issued before 30th June of the year, the first instalment shall fall due on first day of January of the year immediately following, and if the allotment order is issued in between 1st July and 31st December of the year, the first instalment shall fall due on 1st July of the year immediately following and the second instalment shall fall due six months after the first instalment.
The earnest money of an applicant who retracts and does not deposit the notified price as prescribed in the rules at the time of allotment shall be forfeited by the State Government.
(iv) In the event of more than one eligible person of the same category applying for allotment of the same plot of land, allotment shall be made to person who is ready to deposit whole of the notified price at the time of allotment.
(v) In the event of more than one eligible person of the same category being ready to deposit whole of the notified price forthwith, allotment shall be made by drawing lots.
(vi) After completion of allotment, the earnest money of the non allottee applicant shall be returned immediately.