RAJASTHAN LAND REVENUE ALLOTMENT OF LAND FOR AGRICULTURAL PURPOSES RULES, 1970
(1) These rules may be called the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970.
2[(2) They shall extend to the whole of the State of Rajasthan but the State Government may by notification in the Official Gazette exclude any area from the application of these rules.]
(3) They shall come into force on the date of their publication in Official Gazette.
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2. Substituted vide No. F. 6(90) Rev./Gr. 4/81/4, dated 7.1.1983, Pub. in Raj. Govt. Gaz., Part 4(ga)(I), dated 10.2.1983.
In these rules, unless the subject or context otherwise requires-
(i) 'Act' means the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956);
(ii) 'Advisory Committee' means a committee formed under R. 13 of these rules;
3[(ii-A) 'Beneficiary of the integrated Rules Development Programme' means a person who has been identified as being below the subsistence level and included in the Integrated Rural Development Programme and certified as such by the Collector or his authorised representative;]
4[(ii-B) 'Disabled ex-serviceman' means a person who has suffered the loss of a limb or has been permanently disabled in any hostility or military operation or before or after such hostility or operation anywhere rendering him unfit for further service in
These rules shall govern the allotment of unoccupied Government lands for agricultural purposes in area other than those declared as a colony under cl. (ii) of Sec. 2 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and other than lands falling in the areas mentioned in the proviso to Sec. 15 and in Sec. 15-A of the Rajasthan Tenancy Act, 1955 (Act 3 of 1955) or in any notification issued there under.
The following categories of lands shall not be available for allotment for agricultural purposes under these rules, namely-
(i) Lands mentioned in the Sec. 16 of the Rajasthan Tenancy Act, 1955;
(ii) Lands demarcated as landing grounds for aircrafts;
(iii) Lands reserved for village forests constituted under Sec. 28 of the Rajasthan Forests Act, 1954 (Rajasthan Act 13 of 1954);
(iv) Small Baras of lands reserved for thrashing grounds adjoining, or close to, the Abadi of a village;
11[(v) Lands within -
(a) a radius of three miles of municipal limits of cities having a population of five lacs or more;
(b) a radius of
(1) The Tehsildar shall by the 30th day of September, each year, prepare and submit to the Sub-Divisional Officer concerned a Village-wise list of unoccupied Government lands, both irrigated and unirrigated, in Form I which shall be available for inspection at the office of the Panchayat, Panchayat Samiti and Tehsil.
12[(2) A copy of this list shall be sent to the Divisional Forest Officer for his comments by the Sub-Divisional Officer in districts in which any area has been declared reserved forest under Sec. 20 of the Rajasthan Forest Act, 1953 (Raj. Act 13 of 1953) or a protected forest under Sec. 29 of the said Act or in respect thereof a notification has been issued declaring that it has been decided to constitute any land in that district a reserved forest. The Divisional Forest Officer shall send his comments within a period of 15 days from the date of receipt of this list.]
(1) From the list of unoccupied lands prepared under R. 5, the Sub-Divisional Officer shall exclude lands of the categories mentioned in R. 4 and 12[land forming part of reserved or protected forest or land i respect of which a notification under Sec. 4 of the Raj. Forest Act, 1953 (Raj. Act 13 of 1953) has been issued] and shall see whether an unoccupied land entered in the list is required for the extension of pasture land entered under Sec. 92 of the Act or otherwise or for the extension of the Village abadi, or for any other public purpose and if so, he shall reserve in consultation with the Advisory Committee suitable areas out of the unoccupied lands for the purpose.
(2) (a) The Sub-Divisional Officer shall send a list of such reserved lands along with the opinion of the Advisory Committee to the Collector for setting apart such land indicating all the lands that may be a
(a) after action has been taken as indicated in R. 6, the Sub-Divisional Officer shall issue a proclamation in Form II in the manner laid down in Sec. 61 of the Act inviting applications from16[landless agriculturist] for allotment of land for agricultural purposes.
14[(b) The period of 15 days shall be allowed in the proclamation for submitting applications for allotment and this period shall be reckoned from the date of service of the proclamation:
Provided that the Sub-Divisional Officer may entertain an application for allotment for allotment of land at any time before the commencement of the meeting of the Advisory Committee convened for the purpose.]
17[Provided further that the State Government may if it considers necessary in public interest, reduce the period to be allowed in the proc
(1) Application for allotment shall be submitted in Form III.
18[(1-a) Where an applicant is a married agriculturist the application for allotment shall be submitted in the names of both husband and wife.]
(2) All applications for allotment shall be verified as a plaint under the Code of Civil Procedure, 1908 (Central Act of 1908).
(3) An application for allotment may be presented in person to the Sub-Divisional Officer or may be sent by registered post.
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18. Inserted vide Notification No. F. 5 () Rev./14/89, Rev.6/29, dated 14.8.2000, Pub. in Raj. Govt. Gaz., Exty., Part 4(ga)(I), dated 21.8.2000.
The Sub-Divisional Officer shall record on each application the date and time of its receipt and shall get and applications received, entered in a register of applications in Form IV.
The Sub-Divisional Officer shall get the particulars given in each application verified with the entries existing in the annual register or other Tehsil record and may make such enquiries as he deems fit with regard to the applicant's eligibility and other concerned matters.
(1) The land shall be allotted only to a 2[landless agriculturist] 19[X X X] 20[X X X].
21[Provided that where an allottee after conferment of khatedari right under these rules transfers such land he shall not be treated as landless agriculturist for the purpose of allotment.]
(2) If there is only one applicant for a particular plot of land, it shall be allotted to him.
(3) If there are more than one applicants requiring the same plot of land, it shall be allotted to him/them according to the priorities fixed in Sec. 101(4) of Rajasthan Land Revenue Act, but inter-se priority between the applicants of the same category, as per Sec. 101(4) of the said Act, shall be in the following order-
(a) Legal heir of a member of the Armed Forces of the Union ki
The extent of the land to be allotted shall not be more than 10 acres, subject to the condition that, in no case, the total area to be allotted under these rules, together with the area already held by the allottee or his notional share if the land is held by other members of the joint family, shall exceed 10 acres. No allotment in favour of a minor shall be made except in cases covered by R. 11(a). As far as possible the land to be allotted will not be less than 5 acres of unirrigated land:
26[Providedthat-
(i) 27[Deleted]
(ii) I bigha for the purpose of this proviso will be taken to equal to 5/8 of an acre:]
4[Provided further that a disabled ex-serviceman or dependent of a deceased defence personnel may be allotted land upto 12,1/2 bighas of - ir
(1) All allotments shall be made by the Sub-Divisional Officer in consultation with an Advisory Committee consisting of-
(i) the member of the Rajasthan Legislative Assembly in whose constituency the land is situated;
(ii) the Pradhan of the Panchayat Samiti having jurisdiction;
(in) the Sarpanch of the Panchayat having jurisdiction;
(iv) the Vikas Adhikari of the Panchayat Samiti,having jurisdiction;
(v) the Tehsildar of the Tehsil having jurisdiction. 29[X X X]
(vi) a person belonging to a Scheduled Caste or Scheduled Tribe to be nominated by the Panchayat Samiti from amongst its members; 30[and]
30[(vii) a person
Notwithstanding anything contained in these rules but subject to second proviso to R. 12, the Collector may allot Government agricultural land to a disabled ex-serviceman or a dependant of deceased defence personnel in consultation with the Rajasthan Rajya Sainik Board.]
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4. Inserted vide Notification No. F. 6(19) Rev./Gr. V/92/21, dated 26.8.1992, Pub. in Raj. Govt. Gaz., Part 4(ga)(I), dated 8.10.1992.
(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 39[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:
40[Provided also that the allotment of land may be cancelled at any stage by the Collector before the expiry of a period of 47[3 years], if the land is required for public purpose:
Provided further that no such order to the prejudice of such person shall be passed without giving him an opportunity of being heard.]
41[XXX]
8[(1-a) In case
Section R.14 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, deals primarily with the cancellation of land allotments, especially in cases where the allotment was made improperly, fraudulently, or in violation of the rules. It provides the authority and procedure for the competent authorities to revoke such allotments under specified circumstances, ensuring the integrity and purpose of land allotment policies aimed at landless farmers.
Section R.14 empowers the Collector or designated authority to cancel land allotments if conditions such as fraud, misrepresentation, non-cultivation, or violation of rules are established. It also specifies that such cancellation must be preceded by an opportunity of hearing to the allottee, and the grounds for cancellation include illegal allotment, breach of conditions, or misrepresentation. The section emphasizes that the power is to be exercised within a reasonable time frame and under proper legal procedures.
Section R.14 applies to all land allotments made under the Rules of 1970, especially those made to landless persons or agricultural laborers. It covers:- Illegal or improper allotments.- Allotments obtained through misrepresentation or fraud.- Allotments where conditions of use or eligibility are violated.- Cases where the land is not suitable for cultivation or was allotted against rules.- It does not, however, permit arbitrary or delayed cancellations, especially after the allottee has acquired rights such as khatedari rights, unless fraud or misrepresentation is proved.
While Section R.14 itself does not prescribe criminal penalties, wrongful cancellation or exercise of this power without proper grounds or procedure may lead to:- Civil consequences, including recovery of land or compensation.- Administrative consequences, such as departmental penalties or disciplinary action against officials for illegal exercise of power.- Judicial review and invalidation of illegal cancellations, as seen in case law.
In conclusion, Section R.14 of the Rules provides a robust mechanism for cancelling illegal or improper land allotments, but exercise of this power must adhere strictly to principles of legality, fairness, and natural justice. Long possession and conferment of rights like khatedari rights significantly restrict the scope for cancellation, unless fraud or misrepresentation is established. Courts have consistently emphasized that arbitrary, delayed, or procedurally flawed cancellations are liable to be set aside.
Note: The references are based on the provided sources and case law summaries.
(1) As soon as an order of allotment is passed the Sub-Divisional Officer shall-
(a) give necessary information to the Patwari then and there if the Patwari is present on the spot; and
(b) direct the Patwari to make over possession of the allotted land to the allottee forthwith;
(c) where the allottee is not actually given possession of the allotted land within one month from the date of the order of allotment he shall apply to the Collector who shall enforce the order unless it is stayed by a competent authority.
43(2) An order to allotment shall be in Form V and a copy of the same together with a trace of the land, shall be given to the allottee.
(3) Physical possession of the allotted land shall be del
Notwithstanding anything contained in these rules, land shall be allotted on application to Panchayats and Panchayat Samities on the following conditions:
(a) Panchayat Samiti-Allotment upto fifty acres shall be made by the Government in the Revenue Department on the recommendation of the Collector;
(b) Panchayat-Allotment upto ten acres shall be made by the Sub-Divisional Officer in consultation with the Advisory Committee.
As lands allotted under this rule shall be used for agricultural' purposes, rent at the sanctioned rent rate shall be paid and the income there from shall be utilised for the improvement and development of the area.
Notwithstanding anything contained in these rules the Government in the Revenue Department shall have the power to allot land to any person subject to the provision of Sec. 101 of the Act and the conditions of allotment contained in R. 14.
(1) The 45[Tehsildar] shall suo-motu confer Khatedari rights upon allottees after 39[three years] of allotment provided that the allottee fulfills all the terms and conditions of allotment during this period.]
46[XXX]
47[(3) All persons who were allotted land on lease basis under and in accordance with notification No. F. 6(84) Rev/VI/53, dt. 2.11.1953 and have been in continuous possession of such land shall be eligible for conferment of Khatedari rights as if such lease holder were allotted land under the provision of these rules.]
48[(4) All persons, who were allotted land prior to dated 29.9,1999, had not cultivated 50% of the land in the first year of allotment and the remaining area in the second year and their allotment has not been cancelled, shall be eligible for conferment of Khateda
Notwithstanding anything contained in the foregoing rules, a small strip, or patch of land adjoining the field of a Khatedar tenant may, on an application by, such tenant be allotted to him by the Sub-Divisional Officer in consultation with the Advisory Committee, on Khatedari basis and a copy of the order of allotment in Form V-A may be given to the allottee on recovery of a fee of Rs. 51- and mutation shall be sanctioned on realisation of prescribed mutation fee:
Provided that-
(i) the land covered by such a small strip or patch is not recorded as pasture land, or cremation ground, or burial ground, or play ground or land acquired for public purpose;
(ii) the small strip or patch adjoining the fields of more than one Khatedar tenants and one of such tenants having applied for allotment of su
Section R.19 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, deals with the procedural and substantive aspects of allotments, regularizations, and the authority involved in such processes. It emphasizes the role of the Allotment Advisory Committee, the restrictions within municipal areas, and the legal framework governing the regularization of unauthorized possession or trespassers on government land for agricultural purposes.
Section R.19 primarily stipulates:- The jurisdiction of the Allotment Advisory Committee (RAA) in the allotment and regularization of government land.- Prohibits allotment and regularization within municipal limits under specific circumstances.- Details the procedure for regularization of trespassers or unauthorized occupants.- Provides grounds and procedures for cancellation of allotments.- Outlines the conditions under which allotments can be regularized or revoked, including irregularities and violations of rules.
While Section R.19 does not explicitly prescribe penal punishments, violations such as illegal allotment, unauthorized regularization, or tampering with revenue records can lead to:- Cancellation of allotments.- Initiation of proceedings under Sections 91 or 86 of the Rajasthan Land Revenue Act, 1956, for illegal possession or encroachment.- Legal action for fraud or misrepresentation.- Penalties under the Rajasthan Land Revenue Act or other applicable laws for trespass, encroachment, or fraudulent regularization.
Section R.19 ensures that the process of allotment and regularization of government land for agricultural purposes remains transparent, lawful, and within the bounds of statutory authority. It emphasizes the role of the Allotment Advisory Committee, safeguards against unauthorized allotments within municipal limits, and provides procedural safeguards for cancellation or regularization. Violations of these provisions, especially irregular allotments, fraud, or illegal regularization, can be challenged in courts, which have the power to quash such orders and ensure adherence to legal standards.
Note: This commentary synthesizes the legal principles derived from the provided case laws and rules, highlighting the importance of procedural compliance, authority limits, and safeguards against illegal allotments and regularizations under Section R.19.
49[(1) Notwithstanding anything contained in these rules, subject to the specific or general direction of the State Government, the Sub-Divisional Officer may on the advice of the Advisory Committee, instead of ejecting a trespasser from any land occupied by him without any lawful authority, allow him to retain such land if he is a landless agriculturist and the total area of land held by such person including the land so allotted does not exceed 15 bighas and that the land so allotted does not fall within the categories specified in R. 4 of these rules :
Provided that in eight desert Districts i.e. Banner, Jodhpur, Churu, Pah, Jaisalmer, Nagaur, Bikaner and Jalore, where the area of trespassed land exceeds 15 bighas instead of ejecting a trespasser from such excess land, he may be allowed to retain such excess land upto maximum area of 10 bighas subject to the following conditions
An order of allotment shall be in Form V-B and a copy of the same together with a trace of the land, shall be given to the trespasser and a fee of Rs. five shall be recovered from such trespasser and credited to head "IX Land Revenue (3) Miscellaneous VII Miscellaneous.
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52. Inserted by GSR 37, dated 9.9.1977, Pub. in Raj. Govt. Gaz., Part 4(ga)(I), dated 14.9.1977.
The Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, as amended from time to time, are hereby repealed:
Provided that the repeal shall not affect any order made, action taken, effect, consequences of anything done or suffered there under or any right, title, privilege, obligations or liability acquired, accrued or incurred there under or enquiry, verification or proceedings in respect thereof made.]
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53. Substituted vide Notification No. F. 6(9) Rev./B/71, dated 11.3.1971, Pub. in Raj. Govt. Gaz., Part 4(ga)(I), dated 10.2.1972.
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