[19 April 1961] Published
vide Notification No. F. 6(42) Revenue B/48, Dated 19-4-1961; published in
Rajasthan Extraordinary Gazette, Part 4-C, Dated 23-8-63 In
exercise of the powers conferred by Clause (xia) of sub-section (2) of Section
261 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), the
State Government hereby makes the following rules, namely: (1)
These
rules may be called the Rajasthan Land Revenue (Conversion of Agricultural into
Non Agricultural Land) Rules, 1961. In
these rules, unless there is anything repugnant in the subject or context: (1)
The
"Act" means the Rajasthan Land Revenue Act, 1956; and (2)
"form"
means a form appended to these rules. (1)
Subject
to the other provisions of these rales, agricultural land may be permitted to
be used for:- (i)
Construction
of a factory or mill or setting up of a small scale industry: (ii)
setting
up of brick kiln in or lime kilns: and (iii)
Manufacturing
of salt. (2)
If any
agricultural land has already been used for any of the purposes mentioned in
sub-rule before the commencement of these rules without obtaining prior
permission of the State Government in the prescribed manner, such use may be
regularised by the Collector subject to the conditions laid down in rule 5 and
in consultation with the District Industries Officer/ Assistant Director,
Industries, Dy. Town Planner and representative of the Municipality/Urban
Improvement Trust [or Jaipur Development Authority] if the land is situated
within the limits of a Municipal Board/municipal Council: Provided that such persons shall have to pay the following penalty:- (i)
Rs.
150/- per acre for land situated in a rural area. (ii)
Rs.
3000/- per acre for land situated within the limits of the Municipal
Board/Council of Jaipur, Kota, Ajmer, Jodhpur, Udaipur and Ganganagar. (iii)
Rs. 500/-
per acre for land situated within the limits of other Municipal Board/Council
Towns. Whenever
any person holding any land for the purpose of agricultural wishes to use it or
a part thereof for the purpose of constructing of a factory or a mill or for
setting up of a small industry, he shall be able to do so subject to the
following conditions]:- (1)
The
area so used shall not be more than [1000] sq. meters or 2 percent of the
holding, whichever is higher. (2)
For
all conversions for putting agricultural land to the aforesaid purpose, the
premium and urban assessment as provided hereinafter in these Rules shall be
payable. On such payment the land shall be deemed to have been converted automatically
and shall be so entered in the revenue record. (3)
The
facility provided in condition No. 2 shall not be so available for lands
situated within the municipal limits of town or city. (4)
In
case of town or cities having a population of one lakh or more, the facility
shall not be available within a distance of 8 miles of the municipal boundary. (5)
In
case the land is so used by a person who has obtained the same in violation of
clause (a) of Section 42 of the Rajasthan Tenancy Act, 1952 (Rajasthan Act III
of 1955), he shall have to seek exemption under the third proviso to Section
42(a) of the said.) (1)
Whenever
any person holding any lands for purpose of agricultural land [not covered by
Rules 2-B] wishes to use the same or any part thereof, for non-agricultural
purpose, he may submit an application, in triplicate, in Form A, to the
Tehsildar of the Tehsil in which the land is situated. (2)
All
application made under rule 3 as it stood prior to the 20th Dec. 1963 and still
pending shall be rejected. (1)
The
Tehsildar shall- (i)
Send a
copy of the application to the Village Panchayat, Municipal Board or Urban
Improvement Trust as the case may be, asking them to intimate in writing within
thirty days, whether they have objection to the permission applied for being
granted, and no receipt of the objections, if any, dispose of the same: and (ii)
Prepare
a report, in Form B. and submit the record of the case tot he Collector for
orders.] (2)
Upon
receipt of the Tehsildars report the Collector shall, after such further
enquiry, if any, as he deems fit to make, either reject the application, giving
reasons for the rejection or sanction is or accord the required permission
after charging the premium and/or urban assessment chargeable under the
succeeding rules:- [Provided that where the area involved exceeds 10 acres of unirrigated
land or one acre of irrigated land, permission shall not be accorded by the
Collector without obtaining the prior approval of the State Government in the
Revenue Department: Provided further that no permission shall be accorded in respect of
irrigated land unless the Collector has satisfied himself that no suitable
unirrigated land is available for the purpose.] (1)
The
premium and the urban assessment payable under sub- section (4) of Section 90-A
in respect of land forming the subject matter of an application under rule 3
and the terms and conditions on which permission shall be granted and the
restrictions applicable to special arrears shall be as shown below]:- S. No. Particulars of non-agricultural purpose Rates of premium and urban
assessment and terms and conditions Restriction applicable to special
areas 1 2 3 4 1 Construction
of Factory or Mill or the setting up of some small industry. Will
have to surrender his khatedari rights where upon land will be allotted
subject tot he terms and conditions mentioned in the Rajasthan Industrial
Areas Allotment Rules 1959 with the modification that cost of the land at 30
times the sanctioned rent rates will be adjusted against development charges
and rent and for the purposes or these rules the development charges payable
shall be deemed to be premium and the rent payable shall be deemed to be
urban assessment. [No
conversion of agricultural land for non-agricultural purposes shall be
allotted in the area not shown as reserved for industries within the approved
master plan if any prepared for the City or town except after prior
consultation with the consultation with the Town Planning Department provided
that of the Master Plan has not been prepared and approved for any of the
cities of Jaipur Udaipur Jodhpur Ajmer Kota Bikaner and Ganganagar. the
conversion of agricultural land for non-agricultural purposes would be
permitted by the Government only after prior consultation with the Town
Planning Department] 2 Establishment
of brick klin Will
have to surrender his tenancy right where upon land will be allotted on the
terms and conditions mentioned in the Rajasthan Colonisation Project Areas
Brick Kiln (Leases) Conditions 1959 or the Rajasthan L.R. (Brick-Kiln Leases
in Non-Project Areas) Conditions 1960 whichever may be applicable subject to
the modification that for the first ten years the rate of rent to be charged
shall be Rs. 40/-[per Bigha per annum and the rent payable shall be deemed to
be urban assessment. Provided
that till such time as the master plan is ready no industrial areas within
fifteen miles of the limits of the Jaipur Municipality and ten miles of the
limits of the municipalities of Jodhpur Ajmer Udaipur Kota Bikaner and
Gan-ganagar shall be set up. 3. Setting
up of lime Klin Will
have to surrender his tenancy rights whereupon land will be allotted subject
to payment of urban assessment Rs. 30/- per acre per annum. Conversion
of agricultural land for the establishment of a factory or a mill shall be
allowed only if an industrial area within the master plan limits is not
available. If an industrial area is available the industry should be allowed
to be set up within that area. 4. Manufacture
of Salt Will
have to surrender his tenancy right whereupon permission will be accorded for
use of land for the manufacture of Salt on the terms and conditions mentioned
in the Rajasthan Land Revenue (Saline Areas Allotment) Rules 1962 with the
modification that the rent payable thereunder shall be deemed to be urban
assessment payable under these rules.
(2)
The
premium shall be payable in a lump sum immediately on the grant of permission
and the urban assessment shall be payable in two half-yearly installments,
along with the agricultural assessment payable in respect of the remaining
agricultural land. (3)
If the
premium and/or urban assessment is not. paid in accordance with the provisions
of sub-rule (2), the same shall be recovered as arrears of land revenue
under Section 256 of the Act. Notwithstanding anything contained in rule 5, where
agricultural lands have already been sold by an estate-bolder or any other
person for non-agricultural purpose, the rate of premium to be charged therefor
shall be such, not exceeding Rupee one and paise fifty per square yard, as the
State Government [in the revenue Department] may, in each case determine: Provided that no such sale made after the fifteenth day of
December, 1960 shall be recognised, and fine in respect of any such sale shall
be charged in accordance with provisions of rule 7. [Except as provided in Rule 2-A] where any land held for the
purpose of agricultural is used for any noil-agricultural purpose, in any of
the circumstances specified in Cls. (a), (b), (c) and (d) of sub-section (5) of
Section 90-A of the Act, the fine referred to in the proviso to the said
sub-section shall be calculated at the rate of not less than five times the
prevalent highest market price of [Abadi land] in the neighbourhood: [Provided that in towns or villages that are not
municipalities, and the population whereof does not exceed eight thousand, such
fine shall not exceed the market price of abadi land in the vicinity, in
addition to the premium leviable under rule 5 or 6:] Provided further that no fine shall be required to be paid
in cases in which an application was submitted under rule 3 and permission to
use agricultural land for non-agricultural purposes was finally accorded and
the applicant has furnished in writing sufficient reasons for having used
agricultural land for non- agricultural purposes during the pendency of such
application: Provided also that cases decided under this rule before the
coming into force of this amendment may be reviewed under the second proviso on
the application submitted for the purposes within ninety days of coming into
force of this amendment.] [Repeal:These rules are hereby repealed to the extent they
are applicable to the conversion of Agricultural land for Non- Agricultural
purposes in Rural areas .] [Form A] Application for permission to use
agricultural land for non- agricultural purposes To, The Tehsildar Tehsil Sir, 1.
I
hereby apply under Section 90-A of the Rajasthan Land Revenue Act, 1956
(Rajasthan Act 15 of 1956), read with rule 3 of the Rajasthan Land Revenue
(Conversion of Agricultural into Non- Agricultural Land) Rules, 1961 for
permission to use the agricultural land particulars whereof are given
hereunder, for the non-agricultural purposes indicated below. 2.
The
required particulars age given: (1)
Name
of applicant, with parentage and address. (2)
Particulars
of land in respect of which permission is required. (a)
Name
of village, with name of Tehsil. (b)
Khewat
No. (if any) (c)
Khasra
Number (d)
Area (e)
Soil
class, if known (f)
Annual
assessment (g)
Use
to which the land was put during the past three years. (h)
Name,
parentage and address of land holder. (i)
Name,
parentage and address of tenant, together with class of tenancy if known. (3)
The
exact area proposed to be converted, in square yards. (4)
Full
details of the non agricultural purpose for which the land is to be used if
permission is accorded, e.g. construction of factory or mills, establishment of
brick klin etc. 3.
I
verify that the particulars given above are correct to the best of my knowledge
and belief: and I hereby undertake to pay the premium and/or urban assessment
to accordance with the rules and to abide by the terms and conditions on which
the permission may be granted. Witness........ Date........... Signature .............. [Form B] (See rule 4) Tehsildars Report 1.
Name
of the applicant with parentage and residence. 2.
Name
of land holder with parentage and residence. 3.
Name
of tenant, with parentage and residence and class of tenancy. 4.
Khewat
number (if any). - 5.
Khasra
number. 6.
Area 7.
Soil
class of the land. 8.
Whether
irrigated or un-irrigated. 9.
If
irrigated, particulars of source of irrigation, together with remarks on its
present condition. 10.
Use
to which the land is put at present. 11.
If
under cultivation, particulars of cultivation according to the Gashi Girdawari
during the last 3 years. 12.
Whether
there is any objection from the point of view of the Tehsildar to the
permission applied for being granted? 13.
Rate
of premium applicable. 14.
Prevailing
prices of non-agricultural land in the vicinity of the land sought to be
converted. 15.
Whether
any objections were raised by the Village Panchayat, Municipal Board or the
Urban Improvement Trust; and if so, how the same were disposed of. 16.
Any
other remarks. Signature (Tehsildar.........) Part II Collectors Order The permission applied for is hereby refused for the
following reasons (Reasons granted subject to the payment of premium to be
recorded) amounting to Rs. and......urban assessment amounting to
Rs..................................per square yeard per.........annum and
subject to the following special conditions (Conditions of rule 5 to be
specified). Date.................. Collector.............The
Rajasthan Land Revenue (Conversion Of Agricultural Into Non Agricultural Land)
Rules, 1961