[7
of 2023] [24th
April 2023] An Act to enact the
Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhriti Adhikar
Adhiniyam, 2023, by removing certain disparities in the provisions relating to
definitions and, removal and settlement of encroachment, Bhoomiswami Rights and
the Free-hold rights, the appeal, revision and review in the existing Act and
bringing synergy in connection with Land Revenue Code. Be enacted by the
Chhattisgarh Legislature in the Seventy-Fourth Year of the Republic of Ihdiay
as foilows:- (1)
This Act may be called the Chhattisgarh
Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023. (2)
It shall extend over urban areas of the State
of Chhattisgarh, (3)
It shall come into force from the date of its
publication in the Official Gazette. (a)
"Authorised Officer" means any
Sub-Divisional Officer (Revenue) of the district or any other Assistant
Collector, Joint Collector or Deputy-Collector, to whom Collector specially
authorizes, by the order, to exercise the powers of Authorised Officer in such
areas, which are prescribed therein; (b)
"Bhumiswami Right" means shall have
the same meaning as assigned to it in the Code; (c)
"Code" means the Chhattisgarh Land
Revenue Code, 1959 (No. 20 of 1959); (d)
"Eligible person" means such
person, who possesses the eligibility of acquiring the Domicile certificate of
Chhattisgarh, who is homeless, who is registered in the electoral roll of
related urban body, who has annual income of the family not more than
Rs.2,50,000/-(Two Lakh Fifty Thousands Rupees) two and half lakh rupees, who
has no family member in Government service, (except that of class IV), of the
Central Government, the State Government or their undertakings, nor in
professional service like advocate, engineer, doctor, chartered accountant, nor
an elected representative, and who or whose any family member has not been
allotted any government land in that urban body; (e)
"Free-hold Right" means the
Free-hold Right as defined in the Code; (f)
"Family" shall include mother,
father, husband/wife, son, unmarried daughter and any blood relative, who is
completely dependent on the homeless person; (g)
"Government Lessee" means the
Government lessee as defined in the Code; (h)
"Homeless person" means any such
person residing in urban body who does not have home, in that urban body, in
the ownership of himself /herself or of any member of his/her family; (i)
"Pattadhriti Right" means the
rights of Government Lessee under the Code; (j)
"Residential Home" means walled and
roofed structure, but it shall not include any building under the ownership of
the State or any local body or statutory authority; (k)
"To Possess" means to keep in
possession of the land of urban area, which is of the State Government, local
body or development authority, for residential purpose; (l)
"Transfer" means the transfer as
defined in the Code; (m)
"Urban Area" means, the urban area
as defined in the Code. (1)
Authorised Officer, subject to the rules
formed by the State Government, may settle the land, of in actual possession of
homeless eligible person or may settle hirn on any other land, which shall not
be more than prescribed area, in place of the land in possession, in
Pattadhriti Right, for prescribed period, in favour of that person in case of
unmarried occupant or in joint favour of husband-wife in case of married
occupant. (2)
As per the sub-section (1), the personal or
joint photographs of the occupant shall be pasted on the lease document and
land allocation register. (1)
Any such homeless eligible person, who
possess land of any public park or land besides road or land between road and
hamlet or land of any other place of public interest, may be ejected from such
place and may be given Pattadhriti Right elsewhere. (2)
Any hamlet or house for residential purpose,
where homeless eligible persons are settled under the Section 3, may be shifted
elsewhere in public interest, the Pattadhriti Right of the concerned person may
be cancelled and such person may be settled elsewhere. (3)
Authorised Officer, as per the prescribed
process, shall submit the proposal, to remove any hamlet or building and to
settle it elsewhere, for health, security access and other public interest, to
Collector and Collector may take appropriate decision oh it. (1)
If Authorised Officer finds that the land of
actual possession of the person having Pattadhriti Right is more than the
actual settlement in his/her favour, than such excess land may be settled in
his/her favour, as per the permissible land-use, under the provisions of the
Section 248 of the Code or may be freed from encroachment otherwise. (2)
The land received in Pattadhriti Right shall
be held in residential purpose and diversion of the purpose may be done as per
the provisions prescribed for it. (1)
Partial or complete transfer, except
inheritance, of the land held in Pattadhriti Right under this Act shall be
Prohibited. (2)
Person, and his/her family, performing
transfer in contravention of the sub-section (1) shall, thereafter
automatically, lose the eligibility of receiving Pattadhriti Right over any
other land. (3)
On transfer in contravention, to the
sub-section (1), the Pattadhriti Right shall be void automatically from the
date of such transfer. (4)
On transfer in contravention to the
sub-section (1), the transferee, if he/she is not an eligible person, shall not
obtain any Pattadhriti Right in relation to such land and may be ejected. (5)
Notwithstanding anything contained in the
Registration Act, 1908 (XVI of 1908), any competent officer for registration of
documents, shall not receive any document, from which the contravention of the
sub-section (1) is meant, for registration. (1)
The State Government may make rules for
implementihg ail or any provisions of this Act. (2)
Every rules made under this Act shall be laid
on the table of the Legislative Assembly. (1)
From the date of coming into force of this
Act, the Chhattisgarh Nagariya Kshetron Ke Bhumihin Vyakti (Pattadhriti
Adhikaron Ka Pradan Kiya Jana) Adhmiyam, 1984 (No. 15 of 1984) and the Rules,
circulars and orders under that, are hereby repealed. (2)
Lease of Pattadhriti Right given under the
provisions repealed in the sub-section (1) shall be administered by this Act.The Chhattisgarh
Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023
In this Act, unless the context otherwise requires,-
In certain cases, the decision on the matter of providing the Pattadhriti
Right, in contravention to the developmental plan or any other enactment, may
be taken as per the prescribed process in the rules.
On expiration of the period of Pattadhriti Right, it may be renewed under the
prescribed conditions, for the prescribed period.
Pattadhriti Right, after the period of 10 years of acquiring such right, may be
convertible into Free-hold Right under the clause of concessional lease under
the provisions of the Code.
The possession to the person holding Pattadhriti Right, who has been illegally
dispossessed, may be restored, as Government Lessee, as per the provisions of
the Code.
Appeal, Revision and Review against any order under this Act may lie as per the
provisions of the Code.
If any land, which is not in possession of the person holding Pattadhriti Right
under this Act, but is under possession of any other eligible person in
residential purpose, then he/she may be given, as per the eligibility,
Pattadhriti Right under the prescribed rules or action under Section 248 of the
Code may be done.