90-A LR Act English
90-A LR Act English
A
Bill
further to amend the Rajasthan Land Revenue Act, 1956, the
Jaipur Development Authority Act, 1982, the Jodhpur
Development Authority Act, 2009, the Rajasthan Urban
Improvement Act, 1959 and the Rajasthan Municipalities Act,
2009.
Be it enacted by the Rajasthan State Legislature in the
Sixty-third Year of the Republic of India, as follows:-
CHAPTER-I
Preliminary
1. Short title and commencement.- (1) This Act may
be called the Rajasthan Laws (Amendment) Act, 2012.
(2) It shall come into force at once.
CHAPTER-II
Amendments in the Rajasthan Land Revenue Act, 1956
2. Amendment of section 90-A, Rajasthan Act No. 15
of 1956.- After the existing sub-section (5) of section 90-A of the
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956),
hereinafter in this Chapter referred to as the principal Act, the
following new sub-sections shall be added, namely:-
“(6) Where permission under this section is
sought with respect to a land situated in an urban area,
the permission shall be granted only if the desired non-
agricultural purpose is permissible in accordance with
the law applicable in that area and is in consonance with
the master plan or any other development plan or
scheme, by whatever name called, in force, if any, in that
area.
(7) Notwithstanding anything to the contrary
contained in this Act or any other law for the time being
in force, when an order granting permission under this
section is passed with respect to a land situated in an
urban area, on and from the date of such order,-
(a) tenancy rights over such land of the
person to whom permission under this
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section is granted shall stand extinguished;
and
(b) the land shall be deemed to have been
placed at the disposal of the local
authority under section 102-A and shall be
available for allotment to the person to
whom permission is granted under this
section, or to the successors, assignees or
transferees of such person, by the local
authority for any permissible non-
agricultural purposes in accordance with
the rules, regulations or bye-laws made
under the law applicable to the local
authority, subject to the payment to the
local authority of urban assessment or
premium or both leviable and recoverable
under sub-section (4).
(8) Notwithstanding anything to the contrary
contained in this Act and the Rajasthan Tenancy Act,
1955 (Act No. 3 of 1955) where before 17th June, 1999
any person, holding any land for agricultural purposes in
an urban area or within the urbanisable limits or
peripheral belt of an urban area, has used or has allowed
to be used such land or part thereof for non-agricultural
purposes or, has parted with possession of such land or
part thereof for consideration by way of sale or
agreement to sell and/ or by executing power of attorney
and/or Will or in any other manner for purported non-
agricultural use, the rights and interest of such person in
the said land or holding or part thereof, as the case may
be, shall be liable to be terminated and the officer
authorized by the State Government in this behalf, shall,
after affording an opportunity of being heard to such
person and recording reasons in writing for doing so,
order for termination of his rights and interest in such
land and thereupon the land shall vest in the State
Government free from all encumbrances and be deemed
to have been placed at the disposal of the local authority
under section 102-A and shall be available for allotment
or regularization by the local authority for any
permissible non-agricultural purposes in accordance
with the rules, regulations or bye-laws made under the
law applicable to the local authority to the persons
having possession over such land or part thereof, as the
case may be, on the basis of allotment made, or Patta
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given, by a Housing Co-operative Society or on the basis
of any document of sale or agreement to sell or power of
attorney or a Will or any other document purporting
transfer of land to them either by the person whose rights
and interests have been ordered to be terminated under
this sub-section or by any other person claiming through
such person, subject to the payment to the local authority
of urban assessment or premium or both leviable and
recoverable under sub-section (4):
Provided that-
(i) nothing in this sub-section shall apply to
any land belonging to deity, Devasthan
Department, any public trust or any
religious or charitable institution or a
wakf;
(ii) no proceedings or orders under this sub-
section shall be initiated or made in
respect of lands for which proceedings
under the provisions of the Urban Land
(Ceiling and Regulation) Act, 1976
(Central Act No. 33 of 1976), the
Rajasthan Imposition of Ceiling on
Agricultural Holdings Act, 1973 (Act
No. 11 of 1973) and the Rajasthan Land
Reforms and Acquisition of Land
Owners Estate Act, 1963 (Act No. 11 of
1964) are pending.
(9) Any person aggrieved by an order of an
officer or authority made under this section may appeal
within thirty days from the date of such order to such
officer not below the rank of Collector as may be
authorized by the State Government in this behalf, who
shall, as far as practicable, disposed of such appeal
within a period of sixty days from the date of its
presentation and if he is unable to dispose of the appeal
within the aforesaid period, he shall record reasons
therefor. An order passed under this sub-section shall be
final.
Explanation.- For the purposes of this section,-
(a) “local authority”, in relation to a local area,
means an authority constituted or designated
for, or entrusted with the function of,
planned development of that area and
includes an Urban Improvement Trust
constituted under the Rajasthan Urban
25
Improvement Act, 1959 (Act No. 35 of
1959), the Jaipur Development Authority
constituted under the Jaipur Development
Authority Act, 1982 (Act No. 25 of 1982),
the Jodhpur Development Authority
constituted under the Jodhpur Development
Authority Act, 2009 (Act No. 2 of 2009) or
a Municipality constituted under the
Rajasthan Municipalities Act, 2009 (Act No.
18 of 2009);
(b) “urban area” means an area falling within
Jaipur region as defined in clause (8) of
section 2 of the Jaipur Development
Authority Act, 1982 (Act No. 25 of 1982),
Jodhpur region as defined in clause (8) of
section 2 of the Jodhpur Development
Authority Act, 2009 (Act No. 2 of 2009) or
a municipal area as defined in clause (xxxix)
of section 2 of the Rajasthan Municipalities
Act, 2009 (Act No. 18 of 2009) or an area
specified as such in a notification issued
under section 3 of the Rajasthan Urban
Improvement Act, 1959 (Act No. 35 of
1959) or an area for which a local authority
is constituted or designated under any law
for the time being in force;
(c) “urbanisable limits” means the urbanisable
limits indicated in the master plan or master
development plan of a city or town prepared
under any law for the time being in force
and where there is no master plan or master
development plan, the outer limits of the
municipal area;
(d) “peripheral belt” means the peripheral belt
indicated in the master plan or master
development plan of a city or town prepared
under any law for the time being in force
and where there is no master plan or master
development plan or where peripheral belt is
not indicated in such plan, the area as may
be notified by the State Government from
time to time.”.
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3. Deletion of section 90-B, Rajasthan Act No. 15 of
1956.- The existing section 90-B of the principal Act shall be
deleted.
CHAPTER-III
Amendment in the Jaipur Development Authority Act, 1982
CHAPTER-V
Amendment in the Rajasthan Urban Improvement Act, 1959
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STATEMENT OF OBJECTS AND REASONS
The State Government is of the view that there are
certain difficulties in conversion of agricultural land under
section 90-B of the Rajasthan Land Revenue Act, 1956, hence
the State Government has decided to delete section 90-B.
However, it has also been decided that with regard to
agricultural lands which have been used for non-agricultural
purposes prior to 17th June, 1999 conversion would continue to
be done in the manner it was being done earlier. So it is felt that
necessary provisions be incorporated in section 90-A.
Accordingly, section 90-B is proposed to be deleted and
certain provisions are proposed to be inserted in section 90-A
with a view to provide for simplified, transparent and speedy
conversion in urban areas.
Deletion of section 90-B and amendment in section 90-A
requires amendment in the Rajasthan Land Revenue Act, 1956
and consequential amendment in other laws, namely, the Jaipur
Development Authority Act, 1982, the Jodhpur Development
Authority Act, 2009, the Rajasthan Urban Improvement Act,
1959 and the Rajasthan Municipalities Act, 2009, which are also
proposed.
This Bill seeks to achieve aforesaid objectives.
Hence the Bill.
शांत धारPवाल]
Minister Incharge.
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MEMORANDUM REGARDING DELEGATED
LEGISLATION
शांत धारPवाल]
Minister Incharge.
30
EXTRACTS TAKEN FROM THE RAJASTHAN
LAND REVENUE ACT, 1956
(Act No. 15 of 1956)
XX XX XX XX
90-B. Termination of rights and resumption of land
in certain cases.- (1) Notwithstanding anything to the contrary
contained in this Act and the Rajasthan Tenancy Act, 1955 (Act
No. 3 of 1955) where before the commencement of the
Rajasthan Laws (Amendment) Act, 1999 (Rajasthan Act No. 21
of 1999) any person, holding any land for agricultural purposes
in urbanisable limits or peripheral belt of an urban area, has used
or has allowed to be used such land or part thereof, as the case
may be, for non-agricultural purposes or, has parted with
possession of such land or part thereof, as the case may be, for
consideration by way of sale or agreement to sell and/or by
executing power of attorney and/or Will or in any other manner,
for purported non-agricultural use, the rights and interest of such
a person in the said land or holding or part thereof, as the case
may be, shall be liable to be terminated and such land shall be
liable to be resumed.
(2) Where any land has become liable to be resumed
under the provisions of sub-section (1), the Collector or the
officer authorised by the State Government in this behalf, shall
serve a notice, calling upon such person to show cause why the
said land may not be resumed summarily, and among other
things, such notice may contain the particulars of the land, cause
of proposed action, the place, time and date, where and when the
matter shall be heard.
(3) When the tenant or the holder of such land or any
person duly authorised by him, as the case may be, makes an
application to the Collector or the officer authorised by the State
Government in this behalf, expressing his willingness to
surrender his rights in such land, with the intention of developing
such land for housing, commercial, institutional, semi-
commercial, industrial, cinema or petrol pump purposes or, for
the purpose of multiplex units, infrastructure projects or tourism
projects or, for such other community facilities or public utility
purposes, as may be notified by the State Government, the
Collector or officer authorised by the State Government in this
behalf, shall upon being satisfied about the willingness of such
person, order for termination of rights and interest of such person
in the said land and order for resumption of such land.
(4) The proceedings in the matter shall be conducted
summarily and shall ordinarily be concluded within a period of
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sixty days from the first date of hearing specified in the notice
served under sub-section (2).
(5) Where, after hearing the parties, the Collector or the
officer authorised by the State Government in this behalf, is of
the opinion that the land is liable to be resumed under sub-
section (1), he shall after recording reasons in writing, order for
termination of rights and interest of such person in the said land
and order for resumption of the said land.
(6) The land so resumed under sub-sections (3) and (5)
shall vest in the State free from all encumbrances and shall be
deemed to have been placed at the disposal of the concerned
local authority under section 102-A of this Act with effect from
the date of passing of such order:
Provided that the land surrendered under sub-section (3)
above, shall be made available to the person, who surrenders the
land, for its planned development in accordance with the rules,
regulation and bye-laws applicable to the local body concerned,
for housing, commercial, institutional, semi-commercial,
industrial, cinema or petrol pump purposes or, for the purpose of
multiplex units, infrastructure projects or tourism projects or, for
other community facilities or public utility purposes.
(7) The person, aggrieved by the order made under sub-
section (5), may appeal to the Divisional Commissioner or the
officer authorised by the State Government in this behalf, within
thirty days of passing of order under sub-section (5).
(8) The Divisional Commissioner or the officer
authorised by the State Government in this behalf shall, after
hearing the parties, pass appropriate orders in such appeal within
a period of sixty days from the date of presentation of appeal
before him.
(9) The order passed by the Divisional Commissioner or
the officer authorised by the State Government in this behalf in
appeal under this section shall be final.
(10) No civil court shall have jurisdiction to entertain or
decide any suit or proceeding questioning the order made under
sub-section (5) by the Collector or the officer authorised by the
State Government or an order made under sub-section (8) by the
Divisional Commissioner or the officer authorised by the State
Government.
(11) Nothing in this section shall apply to any land
belonging to Deity, Devasthan Department, any public trust or
any religious or charitable institution or a wakf:
Provided that where any public trust registered under the
Rajasthan Public Trusts Act, 1959 or any registered charitable
institution intends to use its land or holding or part thereof and
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returns/proceeds received therefrom for the purposes of
fulfilment of its aims and objectives, it may make an application
under sub-section (3) to surrender its rights in such land or
holding or part thereof and in that case provisions of this section
shall apply with the modification that such purposes shall be
deemed to have been provided for in sub-section (3) and proviso
to sub-section (6).
XX XX XX XX
54-B. Allotment, regularisation etc. of certain lands.-
(1) All lands which are deemed to have been placed at the
disposal of the Authority under section 90-B of the Rajasthan
Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption
or surrender of tenancy rights and interest of khatedars thereof,
as the case may be, shall be available for a allotment, or
regularisation, preferably to the persons having possession over
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such land or part thereof, as the case may be, on the basis of
allotment made or Patta given to them by the Housing Co-
operative Society or on the basis of any other document of
transfer of land to them either by tenant or any other person
claiming through the tenant, whose tenancy rights have been
resumed or surrendered, under the said provision on such terms
and conditions and subject to payment to the Authority of such
charges or premium or both, as the case may be, and at such
rates as may be prescribed by the State Government in this
behalf:
Provided that no allotment or regularisation of any land
shall be made which has been duly earmarked for public
utilities/services such as park, nursery, civil or military aviation,
bus stand, transport terminal, railways, public roads, highways,
footpath, sewage lines, water supply, electricity supply,
telephone lines, hospital, school, educational institution,
university, cremation ground, grave yard and such other
purposes as the State Government may specify by notification in
the Official Gazette.
(2) xx xx xx xx
XX XX XX XX
(i) to (xvii) xx xx xx xx
XX XX XX XX
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2012 का वधेयक सं. 13
उप सचव।
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A
Bill
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