The permanent allotment of the lands to which these rules apply shall be subject to the following terms and conditions namely:-
(1) The allottee shall acquire khatedari rights in the land only if he fulfills each and every one of the terms and conditions hereafter specified.
1 Added by F.6(5)Rev./gr6/96/pt/46, dated 28.11.04.
2 Substituted by F.6(5)Rev./gr6/96/pt/46, dated 28.11.04
(2) The allottee shall pay the price of the land at the rate of Rupees one hundred and fifty per standard acre either in one lump-sum within one month of the commencement of these rules, or in ten equated yearly installments, in which case interest at the rate of seven percent, per annum will have to be paid.
(3) In addition to the price of the land, the allottee shall be liable to pay and shall pay on the due date the assessed land revenue or rent, and all other rides, cesses and other charges that or imposed, or may in future be imposed by competent authority under any law for the time being in force.
(4) All outstanding of loans advanced to the allottee either by the Central Government, or the State Government, or any other dues payable by him in respect of the land allotted to him, together with any interest due on any such loan, shall be a first charge on the land and shall, without prejudice to any other rights and remedies of the State Government, be recoverable in the same manner as an arrear of revenue, and no transfer of the land shall be valid unless the amount of the said loan, together with interest, if any and the said dues have been paid in full.
(5) So long as the full price of the land, together with interest due (if any) and all out-standings of the loans referred to in the preceding clause are not paid up in full, the allottee shall not sell, mortgage or in any other manner transfer or part with the possession of the whole or any part of the land or his interest in the same.
(6) In the event of the payment of the price of the land by installments, If the allottee fails to pay two consecutive installments, or in any way encumbers or alienates the land or his rights therein the Tehsildar shall be empowered after notice to the allottee and the person in occupation, to take over the possession of the land and to recover the price of the land and other out-standings of the Government by sale thereof.
Provided that Collector may allow the allottee, who has not paid installments regularly to continue possession land on payment of all outstanding dues of land forthwith penal interest @ 12% per annum on the outstanding installments.
(7) All transfers made, or encumbrances created, at any time in contravention of the provisions of these rules shall be null and void and if the allottee refuses on being called upon by the Tehsildar, to pay the price of the land as well as the arrears of any loan outstanding against him or where the non claimant displaced person has left the land in the possession of some other person and is not traceable, it shall be competent for the Tehsildar to cancel the allotment and take over the possession of the land and where necessary eject the person in possession in accordance with the provisions of Section 91 of the Rajasthan Land Revenue Act. 1956.
3[5A Terms and conditions of Regularization and revalidation.- (1) Notwithstanding anything contained in clauses (5),(6) and (7) of rule 5 of these rules, where an allottee has transferred the land allotted to him under these rules in contravention of the provisions of these rules, the Sub Divisional Officer in 3 Inserted by F.6(5)Rev./gr6/96/pt/46, dated 28.11.04 consultation with Advisory Committee on receipt of 4[the application from both the allottee or the transferee within a month from the date of receipt of the application and subject to the provision of section 42 of the Rajasthan Tenancy Act, 1955, may] declare such transfer valid, after holding such enquiry as he deems proper subject to payment of all dues of the State Government by the transferee 5[on payment of a penalty @ Rs. 2000/- and Rs. 1000/- per bigha] for irrigated and unirrigated land respectively.
Provided that 50% of the 6[above amount] shall be levilable from S.C, S.T. and BPL allottees.
(2) Where an allottee has failed to deposit the instalment in time prescribed in rule 5 and proceedings have been undertaken under section 19 (2) of Displace Persons (Compensation & Rehabilitation) Act, 1954 and rule 102 of the rules made thereunder, and his land has been resumed but possession of the land has not been taken or is in the process of resumption by the competent authority under these rules, the Sub Divisional Officer in consultation with Advisory Committee, shall on receipt of application from the allottee within a month from the date of receipt of application, may revalidate the allotment on payment of entire balance amount and 7[on payment of penalty @ Rs 2000/- and Rs 1000/- per bigha] for irrigated and unirrigated land, respectively].
Provided that 50 % of the 8[above amount] shall be leviable from S.C., S.T. and BPL allottees.
(3) Where an allottee has failed to deposit the installment in time prescribed in rule 5 and proceeding have been undertaken under section 19(2) of Displace Persons (Compensation &Rehabilitation) Act, 1954 and rule 102 of the rules made thereunder, but allotment has not been cancelled by the competent authority under these rules, the Sub Divisonal Officer in consultation with Advisory Committee, shall on receipt of application from the allottee within a month from the date of receipt of application, may revalidate the allotment 9[on payment of a penalty@ Rs. 2000/- and Rs. 1000/- per bigha for irrigated and unirrigated land respectively]. In the cases of allotment before the year 1976 and Rs 2500/- per bigha irrigated & unirrigated land respectively for the allotment made after the year 1976.
Provided that 50% of the 10[above amount] shall be leviable from S.C., S.T. and BPL allottees.
(4) Where a wells have been constructed on evacuee agriculture lands such wells shall be regularized by the Sub-Divisional Officer after charging an amount @25% of market price of that land prevalent in the area.
Provided that 50% of the above amount shall be leviable fron sc,st and BPL allottees.]
4 Substituted by F.6(5)Rev./gr6/96/pt/46, dated: 13.06.05.
5 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11 6 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11 7 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11 8 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11 9 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11 10 Substituted by F.9(79)Rev./gr6/11/32, dated: 01-12-11