RAJASTHAN
LAWS (AMENDMENT) ACT, 2012 THE RAJASTHAN LAWS (AMENDMENT) ACT, 2012 [Act No. 12 of 2012] [30th April, 2012] An Act 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:- (1)
This Act may be called the Rajasthan Laws (Amendment) Act, 2012. (2)
It shall come into force at once. 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 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 given, by a Housing Cooperative
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 subsection (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 subsection 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 subsection 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 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.". The existing section 90-B
of the principal Act shall be deleted. For the existing
sub-section (1) of section 54-B of the Jaipur Development Authority Act, 1982
(Act No. 25 of 1982), the following shall be substituted, namely:- "(1) Any land deemed
to have been placed at the disposal of the Authority under section 90-A of the
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall be available for
allotment or regularization by the Authority to the person or persons, as the
case may be, specified in that section subject to the terms and conditions
prescribed, and on payment to the Authority of the urban assessment or premium
or both leviable and recoverable, under that section.". For the existing
sub-section (1) of section 49 of the Jodhpur Development Authority Act, 2009
(Act No. 2 of 2009), the following shall be substituted, namely:- "(1) Any land deemed
to have been placed at the disposal of the Authority under section 90-A of the
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall be available for
allotment or regularization by the Authority to the person or persons, as the
case may be, specified in that section subject to the terms and conditions
prescribed, and on payment to the Authority of the urban assessment or premium
or both leviable and recoverable, under that section.". For the existing
sub-section (4) of section 60 of the Rajasthan Urban Improvement Act, 1959 (Act
No. 35 of 1959), the following shall be substituted, namely:- "(4) Any land deemed
to have been placed at the disposal of the Trust under section 90-A of the
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall be available for
allotment or regularization by the Trust to the person or persons, as the case
may be, specified in that section subject to the terms and conditions
prescribed, and on payment to the Trust of the urban assessment or premium or
both leviable and recoverable, under that section.". For the existing
sub-section (1) of section 71 of the Rajasthan Municipalities Act, 2009 (Act
No. 18 of 2009), hereinafter in this Chapter referred to as the principal Act,
the following shall be substituted, namely:- "(1) Any land deemed
to have been placed at the disposal of the Municipality under section 90-A of
the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall be available
for allotment or regularization by the Municipality to the person or persons,
as the case may be, specified in that section subject to the terms and
conditions prescribed, and on payment to the Municipality of the urban
assessment or premium or both leviable and recoverable, under that
section.". The existing clause (xviii)
of sub-section (2) of section 337 of the principal Act shall be deleted.
Preamble - RAJASTHAN LAWS (AMENDMENT) ACT, 2012PREAMBLE