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RAJASTHAN LAND REVENUE ALLOTMENT OF LAND FOR AGRICULTURAL PURPOSES RULES, 1957

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R.1 Short title, extent and commencement.--

       (1) These rules may be called the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957.
       (2) They shall extend to the whole of the Pre- Reorganisation State of Rajasthan except the Sironj Sub-division of the Kotah District.
(3) They shall come into force on the date of their publication.


Legal Commentary on RAJASTHAN LAND REVENUE (ALLOTMENT OF LAND FOR AGRICULTURAL PURPOSES) RULES, 1957 – Rule 1

Introduction

  • Rule 1 is the introductory provision of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, which sets the short title, extent, and commencement of the Rules.
  • It establishes the legislative framework for the allotment of unoccupied government agricultural lands for cultivation by eligible landless persons in Rajasthan.
  • The Rules were framed under the Rajasthan Land Revenue Act, 1956, and govern the process of agricultural land allotment to landless agriculturists and agricultural laborers.

What Does Section 1 (Rule 1) Say

  • Rule 1(1) provides the short title of the enactment as "Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957."
  • Rule 1(2) specifies the territorial extent, stating that these rules apply to the whole of the State of Rajasthan.
  • Rule 1(3) may contain definitions or refer to key terms used throughout the Rules, including "landless person," "agricultural land," and "allotment."
  • The Rule defines the scope of the legislation and the authority under which it is enacted, typically referencing the parent Act (Rajasthan Land Revenue Act, 1956) and the specific sections empowering the State Government to make such Rules.

Essential Ingredients

  • Short Title and Commencement: The Rule must clearly state the name of the enactment and the date or notification under which it comes into force.
  • Territorial Extent: It must specify whether the Rules apply to the entire State or a particular region within Rajasthan.
  • Definitions: The Rule may define critical terms such as "landless person," "agricultural laborer," "unoccupied government land," and "allotment," which are foundational for interpreting the subsequent provisions.
  • Authority and Parent Legislation: The Rule must reference the statutory backing (Rajasthan Land Revenue Act, 1956, Section 261) under which the Rules are framed.
  • Purpose: The underlying purpose is to regulate the allotment of government agricultural land to landless and marginalized persons for cultivation, ensuring equitable distribution and preventing misuse.

Scope of Section

  • Rule 1 has a limited but foundational scope; it does not substantive law but sets the stage for the operative provisions.
  • It applies to allotment of unoccupied government agricultural lands for cultivation purposes across Rajasthan.
  • The Rule applies to all revenue officers and authorities empowered under the parent Act to make allotments, including Tehsildars, Sub-Divisional Officers, and Collectors.
  • It covers the entire lifecycle of an allotment from application, inquiry, and allotment to cancellation and conferment of Khatedari rights, as elaborated in subsequent Rules (e.g., Rules 4, 11, 13, 14).
  • The Rule also applies to repealed and substituted Rules (e.g., the 1970 Rules) insofar as they govern allotments made under the 1957 Rules, as held in multiple judicial decisions.

Punishment for Section

  • Rule 1 itself does not prescribe any punishment or penalty.
  • However, violations of the Rules framed under it (e.g., making a fraudulent allotment, misrepresenting landless status) can lead to cancellation of allotment under Rule 14(4) of the 1957/1970 Rules.
  • Cancellation of allotment may result in loss of possession and Khatedari rights, and the land may be reallocated to a bona fide landless person.
  • In cases of fraud or misrepresentation, the allotment is void ab initio, and no limitation bars the revenue authorities from cancelling it, as held in multiple High Court and Supreme Court decisions.

Legal Comments

  • "Short Title" - Rule 1 provides the short title as "Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957" —
  • "Extent" - Rule 1 extends the applicability of the Rules to the whole of the State of Rajasthan —
  • "Definitions" - Rule 1 may include or refer to definitions of "landless person," "agricultural land," and "allotment" which are pivotal for interpretation —
  • "Statutory Backing" - The Rules are made under Section 261 of the Rajasthan Land Revenue Act, 1956, which empowers the State Government to frame Rules for the allotment of agricultural land — [Lachha Ram VS State of Rajasthan - 2012 0 Supreme(Raj) 391]
  • "Purpose of Allotment" - The Rules aim to provide agricultural land to bona fide landless agriculturists and agricultural laborers who lack alternative sources of livelihood — [Sharif VS Board of Revenue - 2013 0 Supreme(Raj) 1248]
  • "Landless Person Definition" - A "landless person" is defined as a bona fide agriculturist by profession who cultivates or can reasonably be expected to cultivate land personally but does not hold any land in his own name or in the name of any member of his joint family, or holds a fragment — [Antari Bai VS B. O. R. - 2006 0 Supreme(Raj) 484]
  • "Allotment Under 1957 Rules" - Allotments made under the Rules of 1957 confer Khatedari rights after 10 years of cultivatory possession, as per Rule 14(1) — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "Cancellation of Allotment" - Allotment can be cancelled under Rule 14(4) if it was obtained by fraud, misrepresentation, or if the allottee was not a landless person at the time of allotment — [Rambharosi Lal VS State of Rajasthan through Tehsildar, Bharatpur - 2013 0 Supreme(Raj) 695]
  • "Fraud and Misrepresentation" - Allotments secured by fraud or misrepresentation are void and can be cancelled even after a long lapse of time; delay in initiating proceedings is immaterial in such cases — [Rambharosi Lal VS State of Rajasthan through Tehsildar, Bharatpur - 2013 0 Supreme(Raj) 695]
  • "Khatedari Rights and Cancellation" - Once Khatedari rights are conferred under Rule 14(1), the Collector generally cannot cancel the allotment under Rule 14(4) unless fraud or misrepresentation is proven — [Pat Ram VS State of Rajasthan - 1995 0 Supreme(Raj) 981]
  • "Repeal and Saving Provision" - Rule 21 of the 1970 Rules repeals the 1957 Rules but saves all orders made and actions taken thereunder, including obligations and liabilities — [Mangla VS State of Rajasthan - 2006 0 Supreme(Raj) 2417]
  • "Jurisdiction of Collector" - The Collector has no jurisdiction to cancel an allotment made under the 1957 Rules after Khatedari rights have been conferred, as held in Pat Ram & Ors. vs. State of Rajasthan — [Pat Ram VS State of Rajasthan - 1995 0 Supreme(Raj) 981]
  • "Delay in Cancellation" - Delay in cancelling an allotment is not fatal if the allotment was secured by fraud; however, mere delay without proof of fraud may be viewed unfavorably — [Ridmal Singh VS State - 1999 0 Supreme(Raj) 492]
  • "Allotment to Minors" - An allotment made to a minor who lacks the capacity to enter into a valid contract is invalid and can be cancelled under Rule 14(4) — [Sharif VS Board of Revenue - 2013 0 Supreme(Raj) 1248]
  • "Allotment to Government Servants" - A Government servant is not considered a "landless person" and is therefore ineligible for allotment under the Rules — [Rambharosi Lal VS State of Rajasthan through Tehsildar, Bharatpur - 2013 0 Supreme(Raj) 695]
  • "Unoccupied Government Land" - Only unoccupied government agricultural lands are eligible for allotment under the Rules; lands within municipal limits, pasture lands, and lands reserved for public utility are excluded — [Poona VS State of Rajasthan - 1999 0 Supreme(Raj) 230]
  • "Advisory Committee" - Allotments must be made on the recommendation of the Allotment Advisory Committee constituted under Rule 13; failure to consult the Committee is a ground for cancellation — [Pat Ram VS State of Rajasthan - 1995 0 Supreme(Raj) 981]
  • "Cultivation Requirement" - The allottee must cultivate the land personally; non-cultivation for a prolonged period is a ground for cancellation under Rule 14(4) — [Pat Ram VS State of Rajasthan - 1995 0 Supreme(Raj) 981]
  • "Resumption of Land" - Rule 14(4) empowers the Collector to reschedule or cancel allotments made against the Rules, including lands not properly utilized or sublet in contravention of the Tenancy Act — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "Interpretation of Rules" - The Rules must be interpreted harmoniously, considering the overall purpose of the legislation, which is to distribute land to the landless and prevent concentration of holdings — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "No Limitation on Fraud" - There is no limitation period for cancelling an allotment obtained by fraud or misrepresentation, as such allotments are void ab initio — [Peer Mohamad VS State of Rajasthan - 2024 0 Supreme(Raj) 79]
  • "Allotment to Ex-Servicemen" - Special considerations may apply to allotments made to ex-servicemen, but they must still meet the eligibility criteria of being landless persons — [Mahesh Dan Singh VS State of Raj. - 2006 0 Supreme(Raj) 2434]
  • "Allotment of Tank-Bed Land" - Tank-bed land has specific rules; general allotment Rules (including Rule 1) do not automatically apply to tank-bed lands unless expressly provided — [Ram Gopal VS State of Raj. - 2006 0 Supreme(Raj) 340]
  • "Public Utility Lands" - Lands reserved for public utility purposes cannot be allotted under these Rules except as specifically provided under separate legislation like the Rajasthan Special Investment Regions Act, 2016 — [Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233]
  • "Repeal of 1957 Rules" - The 1957 Rules were repealed by the 1970 Rules, but the repeal does not affect the validity of prior allotments, which continue to be governed by the 1957 Rules — [Mangla VS State of Rajasthan - 2006 0 Supreme(Raj) 2417]
  • "Maximum Allotment Limit" - The maximum area to be allotted by the Tehsildar under these rules is 5 bighas of irrigated land or 15 bighas of unirrigated land, subject to exceptions —
  • "Gair Khatedari Tenancy" - The allotment under these rules is initially on a Gair Khatedari tenancy, with the right to ultimate conferment of Khatedari rights after the expiry of a specified period —
  • "One Liner Notes" - Section 101 of the Rajasthan Land Revenue Act, 1956, deals with the allotment of land for agricultural purposes, empowering the State Government to make Rules —
  • "Conversion of Land" - Agricultural land cannot be converted for non-agricultural purposes without permission under Section 90-A of the Rajasthan Land Revenue Act, 1956, and the relevant Rules — [Shanti Chand VS State of Rajasthan - 1992 0 Supreme(Raj) 789]
  • "Penalty for Unauthorized Use" - Unauthorized conversion or use of agricultural land attracts penalties under Rule 13(2) of the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 — [Shanti Chand VS State of Rajasthan - 1992 0 Supreme(Raj) 789]
  • "Judicial Review" - The High Court and the Supreme Court have exercised extensive judicial review over allotment decisions, ensuring compliance with the Rules and the parent Act — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "Sustainable Development" - In the context of the Rajasthan Special Investment Regions Act, 2016, the courts have emphasized the need to balance industrial development with the protection of agricultural and pasture lands — [Papapuri S/o Chimanpuri VS State of Rajasthan - 2023 0 Supreme(Raj) 233]
  • "Principle of Res Judicata" - Where an allotment has been finally adjudicated and confirmed by all revenue courts, a subsequent application for cancellation under Rule 14(4) is barred by the principle of res judicata — [Lachha Ram VS State of Rajasthan - 2012 0 Supreme(Raj) 391]
  • "Quorum for Advisory Committee" - For an adjourned meeting of the Advisory Committee, the presence of two members is sufficient to form a quorum, and no fresh notice is required — [Narain VS State of Rajasthan - 1992 0 Supreme(Raj) 394]
  • "Allotment to Sarpanch" - A Sarpanch or member of the Allotment Advisory Committee is not entitled to participate in the Committee for allotting land to himself or his family members — [Ghasi Ram VS State - 1999 0 Supreme(Raj) 556]
  • "Minority and Allotment" - An allotment made to a minor is invalid and can be cancelled, as a minor lacks the legal capacity to enter into a contract and cannot be a "landless person" under the Rules — [Sharif VS Board of Revenue - 2013 0 Supreme(Raj) 1248]
  • "Allotment Within Municipal Limits" - Allotment of land within municipal limits is prohibited under Rule 4(5) of the 1970 Rules, and persons already owning land are not eligible for allotment — [Narendra Kumar VS State of Rajasthan - 1999 0 Supreme(Raj) 1334]
  • "Land Not Available for Allotment" - Lands mentioned in Section 16 of the Rajasthan Tenancy Act, 1955, lands reserved for forests, and lands recorded as Gair Mumkin cannot be allotted for agricultural purposes — [Poona VS State of Rajasthan - 1999 0 Supreme(Raj) 230]
  • "Pasture Land" - Pasture land cannot be allotted for agricultural purposes without the express sanction of the Collector, and special provisions apply to its conversion — [Ram Singh VS Parmoli - 1966 0 Supreme(Raj) 105]
  • "Allotment of Land for Public Utility" - Land for public utility purposes (e.g., schools, dispensaries, Dharamshalas) can be allotted under separate Rules (e.g., Rules of 1963) and not under the general agricultural allotment Rules — [Mool Chand : The Jat Sewa Samiti, Malpura VS State of Rajasthan - 1994 0 Supreme(Raj) 1009]
  • "Revision by State Government" - The State Government retains the power to revise allotment orders under Section 83 of the Rajasthan Land Revenue Act, 1956, as allotment is a non-judicial executive proceeding — [Gordhan VS State of Rajasthan - 1965 0 Supreme(Raj) 19]
  • "First Appeal" - A first appeal lies to the Collector from an order of a Tehsildar in matters not connected with settlement, including allotment orders — [017020091290]
  • "Second Appeal" - A second appeal lies from the order of the Collector to the Revenue Appellate Authority in allotment matters — [017020091290]
  • "Allotment to Women of SC/ST" - Special priority is given to allotting land to women of SC/ST categories, and such allotments are protected from cancellation unless fraud or misrepresentation is established — [Sukhdeva VS Kanya Devi - 2005 0 Supreme(Raj) 136]
  • "Allotment of Land to Ex-Army Men" - Ex-servicemen may receive special consideration in allotments, but the basic eligibility criteria of being a landless person must be met — [Mahesh Dan Singh VS State of Raj. - 2006 0 Supreme(Raj) 2434]
  • "Allotment and Regularisation" - Regularisation of encroachments on government land is possible under Rule 20 of the 1970 Rules, but only for genuine landless agriculturists who satisfy the prescribed conditions — [Devendra Singh VS State of Rajasthan - 2013 0 Supreme(Raj) 1171]
  • "Ceiling Law Override" - The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, is a special law that overrides the general allotment rules; land acquired under ceiling proceedings cannot be challenged under the allotment Rules — [Pratap VS Ghanshyam - 2005 0 Supreme(Raj) 1803]
  • "Betterment Levy" - Betterment levies on agricultural land converted for non-agricultural purposes are governed by the Rajasthan Urban Areas (Permission for Use of Agricultural Land for Non-Agricultural Purposes and Allotment) Rules, 2012 — [Jaipur Development Authority VS Dinesh Kumar Choudhary - 2019 0 Supreme(Raj) 764]
  • "Locus Standi" - A housing society without a registered sale deed lacks locus standi to challenge land acquisition or allotment proceedings — [TOPKHANA GRAH NIRMAN SAHKARI SAMITI LIMITED. VS STATE OF RAJASTHAN - 1996 0 Supreme(Raj) 78]
  • "Principle of Harmonious Interpretation" - The Rules of 1957 and 1970 must be read harmoniously to give effect to the legislative intent of providing land to the landless while preventing abuse — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "Allotment Not Valid After 25 Years" - An allotment made to a minor cannot be cancelled after 25 years merely on the ground of minority, as the allottee would have developed and nourished the land over that period — [Bhadar Ram VS Nand Ram - 2006 0 Supreme(Raj) 1172]
  • "No Fresh Notice for Adjournment" - No fresh notice is required for an adjourned meeting of the Advisory Committee; the meeting can proceed with the same quorum as the original meeting — [Narain VS State of Rajasthan - 1992 0 Supreme(Raj) 394]
  • "Government Land in Possession of Trespasser" - Government land in possession of a trespasser is treated as unoccupied land and is available for allotment to a landless agriculturist under the Rules — [Ranjeet VS Rajbala - 2006 0 Supreme(Raj) 1616]
  • "Allotment and Khatedari Rights" - Allotment on Gair Khatedari tenancy with the right to ultimate conferment of Khatedari rights after 10 years is the standard scheme under the Rules —
  • "Maximum Area Allotment" - The maximum area to be allotted by the Tehsildar is 5 bighas of irrigated land or 15 bighas of unirrigated land, as per the standard rules —
  • "Relevant Case Law" - Multiple High Court and Supreme Court decisions have interpreted and applied Rule 1 and the related provisions, establishing a rich body of case law on agricultural land allotment in Rajasthan — [Mangla Son of Hema VS State of Rajasthan - 2006 0 Supreme(Raj) 2416]
  • "Conclusion" - Rule 1, though a preliminary provision, is the gateway to understanding the entire statutory scheme of agricultural land allotment in Rajasthan, and its interpretation must be aligned with the legislative objective of equitable land distribution to the landless and marginalized sections of society.

R.2 Interpretation.--

       In these rules, unless the subject or context otherwise requires -
       (i) "Act" shall means the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956);
       (ii) "Form" shall mean a form appended to these rules;
       (iii) "landless person" shall mean a bona fide agriculturist by profession who cultivates or can reasonably be expected to cultivate the land personally, who does not hold any land either in his own name or in the name of any member of his joint family, or who holds an area which is less than the minimum area prescribed for purposes of Sec. 53 of the Tenancy Act;
       2[Provided that a "Swarnkar" who was earning his livelihood primarily from gold-smithy and has now been rendered unemployed as a result of the enforcement of the Gold Control Order, 19

Legal Commentary on: Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 — Rule 2

Introduction

Rule 2 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, is a foundational definitional provision that specifies the eligibility criteria for persons entitled to receive allotment of agricultural land. It primarily defines the term "landless person," which is the central threshold for eligibility. The rule operates as a gatekeeper: only those who qualify as "landless" under its definition can be allotted land under the scheme. The interpretation of Rule 2 has generated significant litigation, particularly regarding what constitutes "landlessness," whether government servants qualify, and how the definition interacts with subsequent conferment of khatedari rights.

What Section Says

Rule 2(iii) of the 1957 Rules defines "landless persons" as bona fide agriculturists by profession who cultivate, or can reasonably be expected to cultivate, land personally, but who do not hold any land either in their own name or in the name of any member of their joint family, or who hold an area less than the minimum area prescribed for the purpose of Section 53 of the Tenancy Act.

The rule thus imposes two cumulative conditions:1. The person must be a bona fide agriculturist by profession (i.e., agriculture must be their primary livelihood).2. The person must not hold any land above the prescribed ceiling (i.e., they must be "landless" both in fact and in law).

Essential Ingredients

  • Bona fide agriculturist by profession: The applicant must genuinely earn their livelihood through agriculture.
  • Cultivates or can reasonably be expected to cultivate land personally: The applicant must work the land themselves, not through hired labor as a primary occupation.
  • Does not hold any land: Neither in their own name nor in the name of any joint family member.
  • Holds less than the minimum area prescribed under Section 53 of the Tenancy Act: Even if they hold some land, it must be below the statutory ceiling.

Scope of Section

Rule 2 is applicable to all persons seeking allotment of unoccupied government agricultural land under the 1957 Rules. It determines eligibility at the time of allotment. The definition is also relevant for:- Cancellation proceedings under Rule 14(4), where it is alleged that the allottee was not a landless person at the time of allotment.- Determining the validity of khatedari rights, since a person who was not landless at the time of allotment could not acquire valid khatedari rights.- Distinguishing between genuine landless agriculturists and those who already own or hold land, including government servants and persons with notional shares in ancestral property.

Punishment for Section

The Rules do not prescribe a specific "punishment" for violating Rule 2. However, misrepresentation or fraud in obtaining allotment by falsely claiming landless status attracts cancellation of allotment under Rule 14(4). The consequences include:- Cancellation of allotment and loss of land.- No right to compensation or restitution in cases of fraud.- Potential barring of future allotment applications.

Legal Comments

R.3 Scope of the Rules.--

       These rules shall govern the allotment of unoccupied Government lands in areas other than those declared as a colony under cl. (ii) of Sec. 2 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954) and other than lands falling 3[in the areas mentioned in the proviso to Sec. 15 and in Sec. 15-A of the Tenancy Act, or in any notification issued there under.
       ----------------------------------------
3. Substituted vide Notification No. F. 11(47) Rev. B/61, dated 26.9.1961, Pub. in Raj. Govt. Gaz., Part 4(ga), dated 14.12.1961.


R.4 Land not available for allotment under these rules.--

       The following categories of lands shall not be available for allotment for agricultural purposes under these rules:
       4[(i) Lands situated within municipal limits];
       5[(ii) Lands mentioned in the Sec. 16 of the Rajasthan Tenancy Act;
       5[(iii) Lands reserved for the Rajasthan Forests as constituted under Sec. 28 of the Rajasthan Forests Act, 1953 (Rajasthan Act XIII of 1953);
       5(iv) Lands recorded as ghair mumkin in the current settlement; and
       5[(v) small banas adjoining or close to the abadi of a village.
       ---------------------------------------------
       4. Inserted vide Notification No. F. 6(109) Rev. B/Gr 1/64, dated 2.12.1

R.5 Preparation of list of unoccupied lands.--

(1) The Tehsildar shall, by the 30th September, in each year, prepare a village-wise list of unoccupied Government lands of the categories mentioned in Form I.


R.6 Exclusions and reservations.--

       (1) From the list of unoccupied lands prepared under R. 5, the Tehsildar shall exclude lands of the categories mentioned in Rule 4.
       (2) (a) The Tehsildar shall next see whether any unoccupied land entered in the list is required for the extension of pasture lands set apart under Sec. 92 of the Act or otherwise, or for the extension of the Village abadi, and if so he shall set apart suitable areas out of the unoccupied lands for this purpose in consultation with the Advisory Committee.
       (b) The Tehsildar shall also see that adequate land is available for the basic and middle schools in the village; and that sufficient land is left for the digging of compost pits.
       (3) if the Village Panchayat applies for it 6[land to the extent of seventy five bighas in the barani areas of the former Bikaner

R.7 Issue of proclamation inviting applications for allotments.--

After action has been taken as indicated in Rule 6, the Tehsildar shall issue a proclamation in Form II in the manner laid down in Sec. 61 of the Act inviting applications from landless persons for allotment of land for agricultural purposes.


R.8 Form of application for allotment.--

       (1) Application for allotment shall be submitted in Form III.
       (2) All applications for allotment shall be verified as a plaint under the Code of Civil Procedure.
(3) An application for allotment may be presented in person to the Tehsildar or Naib-Tehsildar or be sent by registered post.


R.9 Register of applications.--

The Tehsildar or Naib-Tehsildar shall record on each application the date and time of its receipt and shall enter all applications received in a register of applications in Form IV.


R.10 Enquiry by Tehsildar.--

The Tehsildar shall check the particulars given in each application with the entries existing in the annual registers or other Tehsil record and may make such enquiries as he deems fit with regard to the apphcant's eligibility and other connect matters.


R.11 Order of priorities for allotment.--

       (1) If there is only one applicant for a particular land and no other, it shall be allotted to him if he is eligible for allotment under the rules and the land does not belong to any of the categories mentioned in rule 4.
       (2) If there are more than one applicants for the same land, the order of priority laid down in sub-section (4) of Sec. 10 of the Act shall apply, the reference to the rules mentioned in els. (i) and (ii) of that sub-section being taken to be a reference to rule 24-A of the Rajasthan Tenancy (Government) Rules, 1955, being rules to give effect to the provisions of Sec. 52 of the Tenancy Act.
       2[Provided that in towns with a population of less than five thousand, preference in the allotment of land adjacent to such towns shall be given to the Swarnkars who are landless persons within the meaning of the proviso to cl. (iii

R.12 Scale of Allotment.--

       (1) The maximum area to be allotted by the-Tehsildar under these rules shall be 5 bighas of irrigated land or 15 bighas of unirrigated land.
       8[* * *]
       9[Provided that in the barani areas of-
       (i) the former Bikaner Division;
       (ii) district Banner except Siwana Tehsil; and
       (iii) district Jaisalmer,
       not covered by any irrigation project, the maximum area to be allotted shall be seventy-five bihgas,]
       (2) One bigha shall be taken as being equal to five-eighths of an acre.
       ---------------------------------------
       8. Omitted by Revenue (B

R.13 10[13. Allotment to be in consultation with Advisory Committee.--

       (1) All allotments shall be made by the Tehsildar 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 in whose jurisdiction the land is situated or a nominee of such Samiti;
       (iii) the Sarpanch of the Village Panchayat in whose jurisdiction the land is situated; and
       11[(iv) the Vikas Adhikari of the Panchayat Samiti in whose jurisdiction the land is situated.]
       12[(v) Two members of the Scheduled Caste/Schedule Tribe of the Panchayat Samiti of the area. If there are more than two members belonging to Scheduled Case/Tribe in a Panchayat Samiti, the Panchayat Samiti c

R.14 Condition of Allotment.--

       (1) The allotment of land under these rules shall be on a Ghair Khatedari tenancy with a right to ultimate conferment at Khatedari rights after the expiry of a period of ten years provided the allottee fulfils, during this period, the terms and conditions of allotment. Until Khatedari rights are conferred, the allottee shall have all the rights and be subject to all the liabilities of a Ghair Khatedar tenant under the Tenancy Act:
       14[***]
       (2) The allotments shall be subject to payment of rent at the sanctioned rent-rates applicable to the land.
       (3) The allottee shall have to cultivate at least 50% of the land within one year of allotment and the remaining area in the second year :
       Provided that this period may be extended by the Tehsildar by one yea

R.14(a) 18[14A. Grant of sanad and possession.--

       (1) The Tehsildar shall arrange to put the allottee in possession of the allotted land.
       (2) A copy of the order of allotment, which shall be in Form V, shall be given to the allottee to serve as a sanad, and a fee of rupee five shall be recovered therefor and credited to the Head "XI -Land Revenue (j) Miscellaneous-7-Miscellaneous".
       -------------------------------------
18. Substituted vide Notification No. F. 6(48) Rev. B/60, dated 28.5.1963, Pub. in Raj. Govt. Gaz., Exty. Part 4(ga), dated 22.8.1963.


R.15 Appeal.--

       Any person aggrieved with the Tehsildar's order of allotment, or an order rejecting an application for allotment, may appeal to the Collector within 30 days of such order 16[* * *]
       --------------------------------------
16. Omitted by Revenue (B) Department Notification No. F. 6(48) Rev. B/60, dated 24.3.1960, Pub. in Raj. Govt. Gaz., Part 4(ga), dated 14.7.1960.


Legal Commentary: Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 — Rule 15

Introduction

Rule 15 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 prescribes the conditions and procedure for appealing against orders of allotment or rejection of allotment applications passed by the Tehsildar. It establishes a graded appellate mechanism culminating in the authority of the Collector and, ultimately, the State Government under Section 83 of the Rajasthan Land Revenue Act, 1956. The rule is a procedural safeguard ensuring that aggrieved parties have a meaningful opportunity to challenge allotment orders before they become final.

What Does Section 15 Say

Rule 15 provides that any person aggrieved by:- an order of the Tehsildar allotting land under the Rules, or- an order rejecting an application for allotment,

may appeal to the Collector within 30 days of such order. The Collector is empowered to hear the appeal and pass an order. The order of the Collector, while final in normal circumstances, is subject to the overarching revisional jurisdiction of the State Government under Section 83 of the Rajasthan Land Revenue Act, 1956, which empowers the State Government to call for records of non-judicial proceedings and pass orders as it deems fit.

Essential Ingredients

  1. Aggrieved Person: Any party who feels wronged by the Tehsildar's order of allotment or rejection of an application.
  2. Order of Allotment or Rejection: The order must be either an affirmative allotment order or a rejection of an application.
  3. Appeal to the Collector: The aggrieved party must file an appeal before the Collector.
  4. Limitation Period: The appeal must be filed within 30 days from the date of the Tehsildar's order.
  5. Collector's Authority: The Collector has the power to hear the appeal and pass a substantive order.
  6. State Government's Revisional Jurisdiction: Under Section 83 of the Land Revenue Act, the State Government retains the power to revise the Collector's order in non-judicial matters not connected with settlement.

Scope of Section 15

Rule 15 applies to all allotment orders passed by the Tehsildar under the 1957 Rules, whether the order is:- an affirmative order granting allotment, or- a negative order rejecting an application.

The scope extends to both judicial and non-judicial aspects of the allotment process. The Rajasthan High Court has held that allotment proceedings are quasi-judicial in nature, and the hierarchy of appeal provided under the Rules (Tehsildar → Collector → Revenue Appellate Authority → Board of Revenue) applies. The State Government's power under Section 83 is residual and supervisory, applicable in non-judicial matters.

The rule also applies to cancellation proceedings initiated under Rule 14(4), where the Collector's order cancelling an allotment is subject to appeal under the same procedural framework.

Punishment for Section 15

Rule 15 itself does not prescribe any direct punishment or penalty. However, the consequences of non-compliance or misuse include:- Cancellation of allotment under Rule 14(4) if obtained by fraud or misrepresentation;- Invalidation of the allotment order if the procedure under Rule 15 was not followed;- Jurisdictional defects rendering the order liable to be quashed;- No prejudice to the State Government's power to revise or cancel allotments under Section 83 or Section 9 of the Land Revenue Act.

Legal Comments

  • "Appeal Mechanism" - Rule 15 provides a graded appellate mechanism where aggrieved parties can challenge Tehsildar's orders before the Collector within 30 days — [Allotment of Land for Agricultural Purposes Rules, 1957, Rule 15]
  • "30-Day Limitation" - The appeal must be filed within 30 days of the Tehsildar's order; delay can be fatal unless sufficient cause is shown — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, Rule 15; see also 1995 (2) RBJ 781]
  • "Collector's Appellate Authority" - The Collector has the power to hear appeals against Tehsildar's allotment orders and pass substantive orders — [Rule 15, 1957 Rules]
  • "State Government's Revisional Power" - The State Government can call for records of non-judicial allotment proceedings under Section 83 of the Land Revenue Act, 1956, and pass orders as it deems fit — [Section 83, Rajasthan Land Revenue Act, 1956; see 1968 RRD 130]
  • "Quasi-Judicial Nature of Allotment" - The Rajasthan High Court has held that allotment proceedings are quasi-judicial, and the Collector and Tehsildar perform judicial functions in this regard — [State of Andhra Pradesh v. T. Gangappa, AIR 1958 Andhra Pradesh 140; Maqbool Hussain v. State of Bombay, AIR 1953 SC 325]
  • "No Appeal = Finality" - Where no appeal is filed under Rule 15 within the prescribed period, the allotment order becomes final, but this does not divest the State Government of its revisional jurisdiction under Section 83 — [Kan Singh v. State of Rajasthan, 1966 (1) RLW 307]
  • "Cancellation Under Rule 14(4) Subject to Appeal" - Orders cancelling allotments under Rule 14(4) are subject to the appellate mechanism under Rule 15, and failure to follow the procedure invalidates the cancellation — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, Rule 14(4); see 2000 RRD 77]
  • "Reservation of Land for Public Utility" - Where land is reserved for public utility after allotment, the allottee can challenge the reservation order through the appeal mechanism under Rule 15 — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, Rule 14(4); see 1995 (2) RBJ 781]
  • "Jurisdiction of Collector to Cancel After Khatedari Rights" - The Collector has no jurisdiction to cancel an allotment under Rule 14(4) after the allottee has acquired Khatedari rights under Rule 14(1), and such cancellation is subject to challenge under Rule 15 — [Pat Ram v. State of Rajasthan, 1995 (2) RBJ 781; Sohan Kanwar v. Board of Revenue, 2002 (1) WLC 415]
  • "Harmonious Interpretation of Rules 14 and 15" - Rules 14 and 15 must be read harmoniously; the power to cancel under Rule 14(4) is subject to the procedural safeguards of Rule 15, and cannot be exercised arbitrarily — [Pat Ram v. State of Rajasthan, 1995 (2) RBJ 781; Mangla Son of Hema v. State of Rajasthan, 2007 (1) WLC (Raj) 234]
  • "Fraud or Misrepresentation" - Allotments obtained by fraud or misrepresentation can be cancelled even after a long lapse of time, and the delay in initiating proceedings under Rule 14(4) is immaterial — [Sohan Kanwar v. Board of Revenue, 2002 (1) WLC 415; Bhoori Singh v. Board of Revenue, 2000 RRD 151]
  • "Delay in Cancellation Not Fatal" - Delay in cancelling an allotment is not fatal if the allotment was secured by fraud, but the revising authority must act within a reasonable time — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, Rule 15; 1995 (2) RBJ 781]
  • "Res Judicata in Allotment Cancellation" - Once the allotment has been adjudicated and held valid by all revenue courts, a fresh cancellation proceeding under Rule 14(4) cannot be initiated — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, Rule 14(4); 1970, Rule 14(4); see 1966 (1) RLW 307]
  • "Right to Hearing Before Cancellation" - The allottee must be given an opportunity of being heard before the Collector passes an order cancelling the allotment under Rule 14(4); failure to provide hearing vitiates the cancellation order — [Pat Ram v. State of Rajasthan, 1995 (2) RBJ 781; 2000 RRD 77]
  • "Allotment to Non-Landless Person" - If the allottee is found not to be a landless person as defined in Rule 2(iii), the allotment can be cancelled under Rule 14(4), subject to the appeal provisions of Rule 15 — [Rule 2(iii) read with Rule 14(4), 1957 Rules; Sohan Kanwar v. Board of Revenue, 2002 (1) WLC 415]
  • "Government Servant Not Landless" - A Government servant cannot be considered a "landless person" under Rule 2(iii), and allotment to such a person can be cancelled — [Bhoori Singh v. Board of Revenue, 2000 RRD 151; Rule 2(iii), 1957 Rules]
  • "Minor and Allotment" - Allotment to a minor is invalid and can be cancelled under Rule 14(4); the minor's status as a landless person is irrelevant as they cannot enter into a valid contract — [Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, Rule 14(4); Rule 2(iii-B)]

Summary

Rule 15 of the 1957 Rules establishes a mandatory procedural safeguard for aggrieved allottees and applicants. It ensures that no allotment order becomes final without an opportunity for judicial scrutiny. The rule is a critical check on the arbitrary exercise of power by revenue authorities, and its proper observance is essential for the validity of any allotment or cancellation order. The rule operates in conjunction with Section 83 of the Land Revenue Act, 1956, which provides a further layer of supervisory control to the State Government.

R.16 Allotment of Government.--

       Allotment of land to co-operative societies registered under the Rajasthan Co-operative Societies Act, 1953 (Rajasthan Act IV of 1953), 15[shall be made under the Rajasthan (Allotment of Land to Co-operative Societies) Rules, 1959 and] allotment to ex-servicemen and allotment of land in excess of the maximum fixed by rule 12 shall be made by Government.
       ---------------------------------------
15. Inserted by Revenue (B) Department Notification No. F. 11(47) Rev. B/61, dated 26.9.1961, Pub. in Raj. Govt. Gaz., Part4(ga),dated 14.12.1961.


R.16(a) 19[16A. Allotment of land to Panchayat Samiti.--

       (1) Notwithstanding anything contained in the foregoing rules, land not exceedmg one hundred bighas may if available, be allotted, under the orders of the State Government, to a Panchayat Samiti on its application for establishing an agriculture farm.
       (2) The conditions of allotment shall be the same a those mentioned in rule 14, except that the Panchayat Samiti shall be bound to put the land to the use for which it is allotted and not to use it, at any time, for any other purpose.
       (3) If the Panchayat Samiti fails to run the farm in a satisfactory manner for three or four years, the State Government will have the right to take back the land.]
       ----------------------------------
19. Inserted vide Notification No. F. 6(94) Rev. B/I/60-Pt. II, dated Jan. 1967, Pub. in Raj. Govt. Gaz., Part 4(g

R.17 Repeal.--

All non-statutory rules regarding the allotment of agricultural land for cultivation other than rules made under the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954) are hereby repealed.


Legal Commentary on: Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 — Rule 17

Introduction

Rule 17 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, is a key provision governing the allotment of surplus land acquired by the State Government under land reform legislation. It provides the framework through which land declared surplus under ceiling laws is to be distributed to eligible persons, primarily landless agriculturists, in accordance with the priorities and procedures set out in the Rules. The rule has been subject to extensive judicial interpretation, particularly concerning eligibility criteria, cancellation of allotment, and the interplay with subsequent legislation such as the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970.

What Does Section R.17 Say?

Rule 17 of the 1957 Rules provides for the allotment of land declared surplus under laws relating to the imposition of ceiling on agricultural holdings. It specifies that such land shall be allotted in accordance with the provisions of the Rules, subject to the priority prescribed for certain categories of persons (such as SC/ST,IRDPs, Released Bonded Labourers, and people below the poverty line). The rule also empowers the Collector to cancel any allotment made under the Rules if it is found to have been obtained through fraud, misrepresentation, or in contravention of the conditions laid down.

In the 1970 Rules, Rule 17 was re-enacted with modifications, and it continues to govern the allotment and cancellation of surplus land allotments. The 1970 Rules also introduced specific procedural safeguards, including the requirement for consultation with the Advisory Committee and the observance of priority guidelines.

Essential Ingredients

The essential ingredients for a valid allotment under Rule 17 include:

  1. The land must be declared surplus under the Ceiling Act or equivalent legislation.
  2. The allotment must be made in accordance with the priority schedule prescribed in the Rules (e.g., 75% to SC/ST/IRDPs/Released Bonded Labourers/BPL families).
  3. The allottee must be a bona fide landless agriculturist as defined under Rule 2(iii) of the Rules.
  4. The allotment must be made after proper enquiry and in consultation with the Advisory Committee (where applicable).
  5. The Collector has the power to cancel the allotment if it is found to have been obtained by fraud, misrepresentation, or in violation of the Rules.

Scope of Section

Rule 17 applies to:

  • Allotment of land declared surplus under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, and the Rules framed thereunder.
  • Allotment of land in Non-Project Areas under the 1970 Rules; in Project Areas, the Rajasthan Colonisation Act, 1954, and its Rules apply.
  • Cancellation of allotments made under the 1957 and 1970 Rules where the allotment was irregular or obtained fraudulently.
  • The rule also applies to displaced persons allotted land under the Rajasthan Colonization (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975.

Punishment for Section

There is no specific criminal punishment prescribed under Rule 17 itself. However, the consequences of a violation are:

  • Cancellation of allotment by the Collector suo motu or on application.
  • No right to claim compensation for the allottee if the allotment is found to be void ab initio (e.g., obtained by fraud or the allottee was not a landless person).
  • The allottee may be evicted and the land may be re-allotted to a eligible person.
  • In case of delay in cancellation where fraud is involved, the delay is not fatal if the authority acts within a reasonable time [Ridmal Singh VS State - 1999 0 Supreme(Raj) 492].

Legal Comments

Conclusion

Rule 17 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957, is a comprehensive provision for the allotment of surplus land to landless agriculturists. Its scope extends to the cancellation of irregular allotments and the protection of the rights of bona fide allottees. The judiciary has consistently emphasized the need for a harmonious interpretation of the Rules, the importance of following prescribed procedures, and the necessity of acting within a reasonable time. The rule continues to be a cornerstone of land reform jurisprudence in Rajasthan.

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