Notwithstanding anything contained in Chapter ll of these rules, provisions of this Chapter shall apply on the land on which rights and interest has been terminated under sub-section (8) of section 90-A ofthe Rajasthan Land Revenue Act. 1956.
13. Termination of rights and intcrcsL— (1) Where all rights and interest ofa person has becomr liable to be terminated under sub-section (8) of section 90-A of the Rajastlian Land Revenue Act, 1956, the Authorized Officer, on his own motion or on a reference made by'the Local Authority shall serve a notice of seven days in Form-12 to thc kliatedar tenant.
(2) ln addition to the above a public notice in Form-13 shall also be exhibited by the Authorised Officer for a period of seven days on the notice board of his office, calling upon objection ofany other interested person or persons. A copy ofnotice shall also be published in at (least one local newspaper. A copy ofnotice in Form-13 shall also be send to the Tehsildar ofthe tehsil for his concurrence. In absence of any communication from the Tehsildar , after lapse of fifieen days, it shall be deemed that'the Tchsildar has no objection.
(3) Afier expiry of seven days from the service of notice, the Authorised Officer shall summarily examine the matter and it‘ he thinks fit. may record a statement of any person who appears in pursuance to the notice issued under sub rulc (l) or (2).
(4) The Authorised Officer may for the purpose of enquiry,-
(i) call for hny information or record from any officer or au;l-tority under the State Government or the Local Authority;
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(ii) examine and record statcmcnt ofany interested person or any other person or officer under the State Government or the Local authority;
(iii) inspect the land after due notice to the panics concemed; and
(iv) direct the Local Authority to get survey ofthe land.
(5) The Authorised Officer shall,-
(i) alter considering the objection and representation received in writing in pursuance of notice issued under sub rule (I) or (2) has been issued;
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(ii) ofler examining the records produced before him: and Scanned by CarriScanner 79(52) W not—Ha rrr‘ 31 2012 , BT15. to)
(iii) after careful consideration ofall the relevant factors and evidence placed before him;
pass an order for termination of rights and interest ofsuch person in the Said land and For vesting ofthe said land in the State Government ,
(6) "The proceedings shall be conducted summarily and shall be concluded within a pcfiod of fifteen days front the first date of the notice published under sub—r ule (2).
(7) After issuing orders under sub-rule (5) a copy of the same shall be sent to.-
(i) the concerned Tchsildar for mutation of the land in the revenue record in litwttr of.t|te concerned Local Atrthority ofthe fact that from the date olissuttncc of such order, said land shall be placed at tlte disposal of the concerned Local Authority.
The Tehsildar shall comply with the order and send a copy of mutation to the Local Authority concerned within seven days from the date of issuance of the order. A consolidated list of all such orders issued shall also be sent to the ' Cdllector on 5‘“ day of every month for monitoring and ensuring compliance by the Tehsildar. lfthe Tehsildar fails to enter such mutation in the revenue record. it shall not affect the funher proceedings by the Local Authority/Authorised Officer.
(ii).the Local Authority concerned for allotment of land/sanctioning of layout plan as per the permitted non—agricultural use; and 1""
(iii)Ihe person. by registered post, whose khatedari rights has been terminated.
[4. Restrictions on regularisation/allotment of land for non-rtgrieultural purpose.— (1) Restrictions specified under rule 3 shall also apply for allotment/regularisation of lard under this Chapter:
Provided that allotment/regularisation under this Chapter shall not be affected in those cases which are allowed under the orders ofthe State Government issued, from time to time.
(2) Nothing in this Chapter shall apply to any land belonging to deity, Devasthan Department, any public trust or any religious or charitable institution or a wakt’,
(3) No proceedings or orders under this Chapter shall be initiated or made in respect of lands for which proceedings under the provisions of Urban Land (Ceiling and Regulation) Act, l97_6 (Central Act No. 33 ofl976), the Rajasthan Imposition ol'Ceiling on Agricultural Holdings Act, l973 (Act No. ll of 1973) and the Rajasthon Land Rct'orms and Acquisition ol Land Owners Estate Act, [963 (Act No. it of 1964) are pending.