(1) The Rajasthan Land Revenue (Allotment of Land for Agro based Export Oriented Produce Purposes) Rules, 1996 are hereby repealed.
(2) All Notification, Circulars, Orders issued by the State Government from time to time in relation to matters covered by these rules shall stand superseded as from the date of the commencement of these rules.
(3) Any action taken or orders issued under repealed rules shall be deemed to have been taken or issued under these rules.
FORM 'A' (See rule 8) APPLICATION FOR ALLOTMENT OF LAND UNDER THE RAJASTHAN LAND REVENUE (ALLOTMENT OF WASTELAND FOR BIO-FUEL PLANTATION AND BIO- FUEL BASED INDUSTRY PURPOSE) RULES,2007.
To:
The Secretary to the Government / District Collector, Revenue Department, Rajasthan, Jaipur ______________
1. I/We hereby apply for allotment of wasteland for the purpose of plantation/and establishment of bio-fuel based Industry approximately.......... hectare on the terms and conditions of The Rajasthan Land Revenue (Allotment of Wasteland for bio-fuel Plantation and bio-fuel based Industry Purpose) Rules, 2007 as amended from time to time, and agree to pay premium and lease rent, if any, from time to time.
2. I/We hereby enclose a D.D./bankers cheque No. ________ dated_____ for Rs. _________ towards registration fee and security money with understanding that no interest will be payable to me/us on this amount.
3. 3. Requisite details of the proposed project are given hereinafter:
1 Name : M/s.
______________ ______________ ___ ______________ ___ 2 Full Address .............................
.....
.............................
.....
.............................
.....
3. Telephone No., if any.
4. Constitution of Agriculture Co-operative Society/ Village Forest Security and Management Committee/Companies/Gram Panchayat/Societies and Government Undertakings/Self Help Group of B.P.L. families.
Name of partners/ Promoters/Members of Executive Committee etc.
5. Type & cost of the Project
6. Land Requirement and Utilization:
a) Plantation of oil seed b) Industrial Unit Godown/Office c) Any other details.
7. Activity on the land a) Product to be manufactured;
b)No. of workers to be engaged;
c)Production capacity.
8. Copies of documents enclosed. 1.Incorporation deed;
2.Site Plan of wasteland;
3.Project Report;
4.Building Plan of Biofuel based Ind. purpose processing unit, if any.
5.Copy of bye-laws/ article of association/ partnership deed (wherever is applicable).
Place: Name & designation Applicant(s) Signatures Dated: 1._______________ ______________________
2._______________ ______________________
3._______________ ______________________
4._______________ ______________________ FORM - B (See rule 9) GOVERNMENT OF RAJASTHAN No. Dated:
Shri _______________ ___________________ ORDER OF ALLOTMENT Sub:- Allotment of Wasteland for bio-fuel plantation and bio-fuel based industrial purpose.
Ref:- Your application dated ..............
You have been allotted the following land on lease hold basis/gair khatedari basis :
The allotment is made as per provisions of Rajasthan Land Revenue (Allotment of waste land for bio-fuel plantation and bio-fuel based Industrial and processing units) Rules, 2007, on the following terms and conditions:-
(1) Land allotted under these rules shall be used only for the purpose for which it is allotted. However, the allottees may utilize 2% of the allotted area or 10 hectare of land whichever is less for storage of raw material, storage of finished goods, labour quarters and factory shed.
(2) The allottee shall have to utilize 50% of the land for plantation within two years from the date on which possession was handed over and the balance shall have to be utilized within next year otherwise the allotment shall deemed to have been cancelled automatically.
(3) The allottee shall be liable to make payment of all taxes, which may be leviable under the appropriate laws.
(4) The allottee shall abide by all the terms and conditions of the Rajasthan Land Revenue (allotment of wasteland for bio-fuel plantation and bio-fuel based industrial and processing unit) Rules, 2007, as amended from time to time and other applicable laws.
(5) In case the allotment is on lease hold basis the allottee shall also abide by all the conditions of lease deed.
District Village Khasra No. Area Total Area
(6) In case land is allotted on lease hold basis –
(i) The lessee shall deposit premium equal to 20% of D.L.C. rate Page 11 of 15 prescribed for lowest category of barani land as prescribed in rule 10.
(ii) Rent shall be payable at the rate of 10 times of land revenue of lowest category of barani land in that tehsil.
(iii) State Government may revise the annual lease rent at any time which shall be payable by the lessee.
(iv) The premium and rent for one year shall be deposited in treasury within 30 days or with extended time upto 60 days and yearly rent shall be paid before..........
(date) every year.
(7) In case land is allotted on gair khatedari basis, no khatedari right shall accrue to the allottee by such allotment.
(8) The allottee will take possession of allotted land from concerned Patwari within 15 days of deposit of premium.
(9) The allotment shall be for a period of 20 years subject to renewal for a further period of 10 years from time to time allotting Authority shall have the right to refuse for the renewal with reasons to be recorded in writing.
(10) If the wasteland allotted under these rules is required by the State Government for any other special purpose in public interest, it can resume the land after giving three months notice to the allottee.
(11) Notwithstanding anything contained hereinbefore if there is in the opinion of the State Government that any breach on the part of the allottee or by any person claiming through or under him of any of the covenants or conditions hereinbefore contained the State Government may cancel the allotment after giving him opportunity of being heard, if any.
(12) Any loss suffered by the State Government on a fresh allotment of the waste land for breach of aforesaid conditions on the part of the allottee or any person claiming through or under him shall be recoverable from the lessee.
(13) The allottee shall give preference to the local residents of the area in employment.
(14) The allottee shall use the allotted land himself and shall not transfer/sublease the land.
(15) It shall be compulsory to adopt micro irrigation management system as per latest technology.
(16) The allottee shall not make any construction of permanent nature without obtaining prior approval of the allotting authority.
(17) The allottee shall have to sell the produce to the company situated in the zone at the minimum support price fixed by the Bio-fuel Authority.
In case of allotment is on lease hold basis a lease deed shall be executed and get registered within two months from the date of deposit of premium.
Signature of Collector/Deputy Secretary.
Copy to :
Shri.................................(Allottee)Company/GovernmentUndertaking/Societies/ Selp help group of B.P.L. families/ Village Forest Security and Management Committee/Gram Panchayat/Co-operative Societies.
Signature of Collector/Deputy Secretary.
FORM 'C' (See rule 15) LEASE – DEED This lease deed made on the .................... day of.......... in the year ...........
between the ................................. on behalf of the Governor of Rajasthan (hereinafter called the lessor which expression shall, includes its heirs, successors and permitted assignee) of the one part. AND Shri ...............................(name) ........................................(address) on behalf of the Government Undertaking/Companies/Societies. (hereinafter called the lessee which expression shall includes his heirs, successors, executors, administrators, legal representatives and permitted assignee) on the other part.
AND WHEREAS the lessor has agreed to allot waste land measuring .........hectare on lease basis to the lessee on the terms and conditions hereinafter mentioned in rules for the purpose of bio-fuel plantation and establishment of bio-fuel based industrial and processing units.
AND WHEREAS the lessor had handed over or shall be handing over possession of the demised land to lessee on ..........................
NOW THIS LEASE AGREEMENT WITNESSETH AS FOLLOWS:
1. In consideration of the covenants and agreement herein contained and on payment by Lessee of Rs. ___________ as premium and Rs. ________ as annual lease rent and the receipt whereof the lessor hereby acknowledges, the lessor do hereby demise to the lessee the land measuring ..........hectare as per detail at Annexure 'A'.
AND THE LESSEE DO HEREBY COVENANT WITH THE LESSOR IN THE FOLLOWING MANNER :-
1. That the lessee shall bear pay and discharge all service charges required for the upkeep of land which may during the said terms be assessed, charged, levied or imposed and revised by the local authority.
2. That the lessee shall abide by all the rules/regulations/orders of the competent authority so far as they relate to the immovable property or affect health, safety, convenience of the other residents of the place.
3. That the lessee shall establish the industrial unit on the demised premises in accordance with the site plan and shall complete construction activities within a period of two years and start plantation within a period of three years (50% in first two years and the remaining 50% in third year) from the date of delivery of possession.
Provided that unutilized land of the wasteland shall revert to the lessor on expiry of the period prescribed for starting plantation /establishment of the bio-fuel based Industries.
4. That the lessee shall take all measures which are required for pollution control & environment protection and shall strictly adhere to the stipulation imposed by the Rajasthan State Pollution Control Board and other statutory pollution laws/environment law applicable for the time being in force.
5. That the lessee shall abide by all the provision of the Rajasthan Land Revenue (Allotment of Wasteland for bio-fuel plantation and bio-based Industrial and Processing Unit) Rules,2007, as amended from time to time.
6. That the wasteland allotted on lease hold basis shall be for a period of 20 years subject to renewal for a further period of 10 years from time to time and allotting authority shall have the right to refuse for the renewal of lease with reasons to be recorded in writing.
7. That if the wasteland allotted under these rules is required by the State Government for any other special purpose in the public interest at large it can resume the land after giving three months notice to the allottee/lessees.
8. Notwithstanding anything contained hereinbefore if there is in the opinion of the lessor that any breach on the part of the lessee or by any person claiming through or under him of any of the covenants or conditions hereinbefore contained the lessor can terminate lease agreement after giving him opportunity of being heard.
9. Any loss suffered by the lessor on a fresh grant of the leased premises for breach of aforesaid condition on the part of the lessee or any person claiming through or under him shall be recoverable from the lessee.
10. Any notice or communication to be served hereunder shall be deemed to have been sufficiently served on the lessee if, served by “Registered Acknowledgement Due”, Post and singed by an Officer of the Lessor and the services shall be deemed to have been made at the time of which the registered letter would in the ordinary course be delivered even though returned un-served on account of the refusal by the lessee or otherwise whatsoever.
11. The Company shall purchase the produce form the other allottees situated in that zone at the minimum support price as fixed by the Bio-fuel authority.
11. The security deposit shall stand forfeited whenever there is breach of any condition contained in the lease agreement.
12. The Stamp duty and Registration charges on this agreement shall be borne by the lessee.
In witness hereof the parties hereto have set their hands on this day ………. of the month of …………… in the year ……………… SIGNATURE SIGNATURE On behalf of the Government undertakings/Companies/Societies.
For and on behalf of the Governor of the Rajasthan .
Witnesses :-
(1)
(2)