(1) The allotment of land under these rules shall be on a Gair Khatedari tenancy with a right to ultimate conferment of Khatedari rights after the expiry of 3 years provided the allottee fulfills during this period the terms and conditions of allotment until Khatedari rights are conferred. The allottee shall have all the rights and be subjected to all liabilities of a Gair Khatedar tenant under the Tenancy Act:
Provided also that the allotment of land may be cancelled at any stage by the Collector before the expiry of a period of 3 years, if the land is required for public purpose:
Provided further the no such order to the prejudice of such person shall be passed without giving him an opportunity of being heard.
14[(1-a) In case where allotment of land is made to a married agriculturist, the allotment of land shall be made in the joint name of husband and wife and the allottees, in such case shall be deemed to be joint allottees.]
(2) Rent at the sanctioned rent rate applicable to the land, or if the land applied for and allotted is unassessed, at the lowest class of Barani land in the village for irrigated land and at the Chahi or Nehri rates, as the case may be. for Chahi or Nehri irrigated lands of the village shall be payable from the first year of allotment.
(3) The allottee shall have to bring the land under cultivation and shall utilize it properly.
Provided that this period may be extended by the Tehsildar by one year if, due to unforeseen causes over which the allottee had no control, he was unable to cultivate the land within the stipulated period.
(4) The Collector shall have the power to cancel any allotment made by a Sub- Divisional Office or a Tehsildar or a Tehsildar under the rules repealed by rule 21 of the rules either suo-moto or on the application of any person in case the allotment has been 14 Added by GSR.42(Rev.)6, dated 14-08-2000.
secured through fraud or misrepresentation or has been made against rules or in case the allottee has committed breach of any of the conditions of allotment:
Provided that no such order to the prejudice of any person shall be passed without giving such person an opportunity of being heard.
(5) The allottee shall pay to the State Government the price of the wells and permanent structures if any, existing on the land, as also the price of trees standing on the land at rates prescribed by rules made under section 80 and 81 of the Tenancy Act.
(6) Before acquisition of Khatedari rights the allottee shall not construct any permanent structures or buildings other than a tank, well or dwelling a house within the meaning of an "improvement" as defined by clause (19) of section 5 of the Tenancy Act.
(7) In case of land situated within a radius of 10 miles of Jaipur City the allottee shall also pay the price of trees at the rate of Fifteen rupees and 25 paisa per bigha:
Provided that no such price shall be charged if the number of trees standing in a bigha of land is less than five.
(8) The land shall be liable to be resumed by the State Government without, payment of compensation if-
(a) it is not brought under cultivation strictly in accordance with the condition of allotment and it is not properly utilized;
(b) it is sub let or transferred in contravention of the provision of the Tenancy Act applicable to Gair Khatedar tenants;
(c) it is found that the allottee was not a landless agriculturist;
(d) the allottee makes default in the timely payment of the price referred to in clause 5 of the rule and/or the annual rent; or
(e) the allottee makes constructions on the land in contravention of the allotment rules.
(9) In case the land allotted is grass land or subject to erosion, the allottee shall have to undertake the work of soil conservation as and when directed by an officer of the Agriculture Department authorised in this behalf.