An Act further to amend the Rajasthan Urban
Improvement Act, 1959, the Jaipur Development Authority Act, 1982, the Jodhpur
Development Authority Act, 2009, the Rajasthan Municipalities Act, 2009 and the
Ajmer Development Authority Act, 2013. Be it enacted by the Rajasthan State
Legislature in the Seventy- second year of the Republic of India, as follows:- CHAPTER - I
PRELIMINARY (1)
This
Act may be called the Rajasthan Laws (Second Amendment) Act, 2021. (2)
It
shall come into force at once. CHAPTER-II AMENDMENT
IN THE RAJASTHAN URBAN IMPROVEMENT ACT, 1959 For the existing section 43 of the Rajasthan
Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this Chapter
referred to as the principal Act, the following shall be substituted, namely:- ''43. Land to vest in the Trust and its
disposal.- (1)
Notwithstanding
anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of
1956), the land as defined in section 103 of that Act, excluding land referred
to in sub-clause (ii) of clause (a) of the said section and Nazul land placed
at the disposal of a local authority under section 102-A of that Act in urban
area shall, immediately after establishment of the Trust under section 8 of
this Act, be deemed to have been placed at the disposal of and vested in the Trust
which shall take over such land for and on behalf of the State Government and
may use the same for the purposes of this Act, and may dispose of the same by
way of allotment, regularization or auction subject to such conditions and
restrictions as the State Government may, from time to time, lay down and in
such manner, as it may, from time to time, prescribe: Provided that the Trust may dispose of any
such land- (a)
without
undertaking or carrying out any improvement thereon; or (b)
after
undertaking or carrying out such improvement as it thinks fit, to such person,
in such manner and subject to such covenants and conditions, as it may consider
expedient to impose for securing improvement according to plan. (2)
No
improvement of any land shall be undertaken or carried out except by or under
the control and supervision of the Trust. (3)
If
any land vested in the Trust is required at any time by the Municipality, for
carrying out its functions, or by the State Government for any other purpose,
the State Government may, by notification in the Official Gazette, place such
land at the disposal of the Municipality or any Department of the State
Government on such terms and conditions as may be deemed fit.''. After the existing section 60-B and before
the existing CHAPTER VIII of the principal Act, the following new section shall
be inserted, namely:- ''60-C. Acceptance of surrender of rights in
certain lands and issue of free hold patta.- (1)
Any
person who holds non-agricultural land within the jurisdiction of the Trust
otherwise than under a lease or licence issued by the Trust may, in the
prescribed manner, surrender his rights in such land in favour of the Trust for
the purpose of obtaining free hold rights from the Trust, the Trust may accept
such rights and may issue free hold patta. (2)
Any
person who holds any order or patta issued under any other law may also
surrender his rights in such land in favour of the Trust for the purpose of
obtaining free hold rights from the Trust, the Trust may accept such rights and
may issue free hold patta. In case such land is on leasehold basis the free
hold patta shall be issued on depositing one time lease money as may be
prescribed. (3)
On
acceptance of rights by the Trust under sub- sections (1) and (2), all the
rights of the holder in the said land shall vest in the Trust and the Trust
shall, subject to the other provisions of this Act and the rules made
thereunder and on payment by the holder such fee or charges as may be
determined by the State Government, issue free hold patta to the holder of the
said land. (4)
The
free hold patta issued under sub-section (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed immediately
before acceptance by the Trust of the rights under sub-sections (1) and (2).''. CHAPTER-III AMENDMENT
IN THE JAIPUR DEVELOPMENT AUTHORITY ACT, 1982 After the existing section 54-D and before
the existing CHAPTER IX of the Jaipur Development Authority Act, 1982 (Act No.
25 of 1982), the following new section shall be inserted, namely:- "54-E. Acceptance of surrender of rights
in certain lands and issue of free hold patta.- (1)
Any
person who holds non-agricultural land within the jurisdiction of the Authority
otherwise than under a lease or licence issued by the Authority may, in the
prescribed manner, surrender his rights in such land in favour of the Authority
for the purpose of obtaining free hold rights from the Authority, the Authority
may accept such rights and may issue free hold patta. (2)
Any
person who holds any order or patta issued under any other law may also
surrender his rights in such land in favour of the Authority for the purpose of
obtaining free hold rights from the Authority, the Authority may accept such
rights and may issue free hold patta. In case such land is on leasehold basis
the free hold patta shall be issued on depositing one time lease money as may
be prescribed. (3)
On
acceptance of rights by the Authority under sub- sections (1) and (2), all the
rights of the holder in the said land shall vest in the Authority and the
Authority shall, subject to the other provisions of this Act and the rules made
thereunder and on payment by the holder such fee or charges as may be
determined by the State Government, issue free hold patta to the holder of the
said land. (4)
The
free hold patta issued under sub-section (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed
immediately before acceptance by the Authority of the rights under sub-sections
(1) and (2).''. CHAPTER ?IV AMENDMENT
IN THE JODHPUR DEVELOPMENT AUTHORITY ACT, 2009 After the existing section 50-A and before
the existing CHAPTER IX of the Jodhpur Development Authority Act, 2009 (Act No.
2 of 2009), the following new section shall be inserted, namely:- "50-B. Acceptance of surrender of rights
in certain lands and issue of free hold patta.- (1)
Any
person who holds non-agricultural land within the jurisdiction of the Authority
otherwise than under a lease or licence issued by the Authority may, in the
prescribed manner, surrender his rights in such land in favour of the Authority
for the purpose of obtaining free hold rights from the Authority, the Authority
may accept such rights and may issue free hold patta. (2)
Any
person who holds any order or patta issued under any other law may also
surrender his rights in such land in favour of the Authority for the purpose of
obtaining free hold rights from the Authority, the Authority may accept such
rights and may issue free hold patta. In case such land is on leasehold basis
the free hold patta shall be issued on depositing one time lease money as may
be prescribed. (3)
On
acceptance of rights by the Authority under sub- sections (1) and (2), all the
rights of the holder in the said land shall vest in the Authority and the
Authority shall, subject to the other provisions of this Act and the rules made
thereunder and on payment by the holder such fee or charges as may be
determined by the State Government, issue free hold patta to the holder of the
said land. (4)
The
free hold patta issued under sub-section (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed
immediately before acceptance by the Authority of the rights under sub-sections
(1) and (2).''. CHAPTER-V AMENDMENT
IN THE RAJASTHAN MUNICIPALITIES ACT, 2009 After the existing section 68 and before the
existing section 69 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of
2009), hereinafter in this chapter referred to as the principal Act, the
following new section shall be inserted, namely:- "68-A. Land to vest in the Municipality
and its disposal.- (1)
Notwithstanding
anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of
1956), the land as defined in section 103 of that Act, excluding land referred
to in sub-clause (ii) of clause (a) of the said section and Nazul land placed
at the disposal of a local authority under section 102-A of that Act in
municipal area shall, immediately after establishment of the Municipality under
section 5 of this Act, be deemed to have been placed at the disposal of and
vested in the Municipality which shall take over such land for and on behalf of
the State Government and may use the same for the purposes of this Act, and may
dispose of the same subject to such conditions and restrictions as the State
Government may, from time to time, lay down and in such manner, as it may, from
time to time, prescribe: Provided that the Municipality may dispose of
any such land- (a)
without
undertaking or carrying out any development thereon; or (b)
after
undertaking or carrying out such development as it thinks fit, to such person,
in such manner and subject to such covenants and conditions, as it may consider
expedient to impose for securing development according to plan. (2)
No
development of any land shall be undertaken or carried out except by or under
the control and supervision of the Municipality. (3)
If
any land vested in the Municipality is required at any time by the Development
Authority or the Urban Improvement Trust, as the case may be, for carrying out
its functions, or by State Government for any other purpose, the State
Government may by notification in the Official Gazette, place such land at the disposal
of the Development Authority or the Urban Improvement Trust or any department
of State Government, as the case may be, on such terms and condition as may
deemed fit. (4)
All
land acquired by the Municipality, or by the State Government and transferred
to the Municipality, shall be disposed of by the Municipality in the same
manner as may be prescribed for land in sub-section (1).''. For the existing section 69-A of the
principal Act, the following shall be substituted, namely:- "69-A. Acceptance of surrender of rights
in certain lands and issue of free hold patta.- (1)
Any
person who holds non-agricultural land within the jurisdiction of the
Municipality otherwise than under a lease or licence issued by the Municipality
may, in the prescribed manner, surrender his rights in such land in favour of
the Municipality for the purpose of obtaining free hold rights from the
Municipality, the Municipality may accept such rights and may issue free hold
patta. (2)
Any
person who holds any order or patta issued under any other law may also
surrender his rights in such land in favour of the Municipality for the purpose
of obtaining free hold rights from the Municipality, the Municipality may
accept such rights and may issue free hold patta. In case such land is on lease
hold basis the free hold patta shall be issued on depositing one time lease
money as may be prescribed. (3)
On
acceptance of rights by the Municipality under sub-sections (1) and (2), all
the rights of the holder in the said land shall vest in the Municipality and
the Municipality shall, subject to the other provisions of this Act and the
rules made thereunder and on payment by the holder such fee or charges as may
be determined by the State Government, issue free hold patta to the holder of
the said land. (4)
The
free hold patta issued under sub-section (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed
immediately before acceptance by the Municipality of the rights under
sub-sections (1) and (2).''. For the existing clause (d) of sub-section
(7) of section 194 of the principal Act, the following shall be substituted,
namely:- "(d) A written
permission shall not be required where a person has submitted an application
under sub-section (1) for construction on such area of the plot as may be
prescribed in relevant building bye-laws of the Municipality. Construction can
be undertaken after submitting the required documents and depositing the fee as
prescribed in the building bye-laws. However, this provision shall not be
applicable for walled city area/heritage area/restricted area for which separate
bye- laws/rules are in existence under any relevant law for time being in
force.". CHAPTER-VI AMENDMENT
IN THE AJMER DEVELOPMENT AUTHORITY ACT, 2013 After the existing section 50-A and before
the existing CHAPTER IX of the Ajmer Development Authority Act, 2013 (Act No.
39 of 2013), hereinafter in this Chapter referred to as the principal Act, the
following new section shall be inserted, namely:- "50-B. Acceptance of surrender of rights
in certain lands and issue of free hold patta.- (1)
Any
person who holds non-agricultural land within the jurisdiction of the Authority
otherwise than under a lease or licence issued by the Authority may, in the
prescribed manner, surrender his rights in such land in favour of the Authority
for the purpose of obtaining free hold rights from the Authority, the Authority
may accept such rights and may issue free hold patta. (2)
Any
person who holds any order or patta issued under any other law may also
surrender his rights in such land in favour of the Authority for the purpose of
obtaining free hold rights from the Authority, the Authority may accept such
rights and may issue free hold patta. In case such land is on leasehold basis
the free hold patta shall be issued on depositing one time lease money as may
be prescribed. (3)
On
acceptance of rights by the Authority under sub- sections (1) and (2), all the
rights of the holder in the said land shall vest in the Authority and the
Authority shall, subject to the other provisions of this Act and the rules made
thereunder and on payment by the holder such fee or charges as may be
determined by the State Government, issue free hold patta to the holder of the
said land. (4)
The
free hold patta issued under sub-section (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed
immediately before acceptance by the Authority of the rights under sub-sections
(1) and (2).''. After the existing section 89 and before the
existing section 90 of the principal Act, the following new section shall be
inserted, namely:- "89-A. Power to call for records.- (1)
The
State Government or any officer not below the rank of the Secretary to the
Government authorized in this behalf by the State Government, may, for the
purpose of being satisfied as to the correctness, legality or propriety of any
order or resolution passed or purporting to have been passed , under this Act
by the Authority or any committee or officer of it, call for the relevant
record, and may in doing so, direct that pending the examination of such
record, such order or resolution shall be kept in abeyance and no action in
furtherance thereof shall be taken until such examination by the State
Government or by the officer authorized in this behalf by the State Government
and the passing of order under sub-section (2): Provided that no record relating to an order
or a resolution shall be called for under this sub-section after the expiry of
three years from the date of such order or resolution. (2)
After
examining the record, the State Government or the officer authorized as
aforesaid may rescind, reverse or modify such order or resolution and the order
of the State Government or the officer authorized as aforesaid shall be final
and binding on the Authority and on its officers and committees.".RAJASTHAN
LAWS (SECOND AMENDMENT) ACT, 2021
Section - 2. Substitution of section 43, Rajasthan
Act No. 35 of 1959.-
Section - 3. Insertion of new section 60-C,
Rajasthan Act No. 35 of 1959.-
Section - 4. Insertion of new section 54-E,
Rajasthan Act No. 25 of 1982.-
Section - 5. Insertion of new section 50-B,
Rajasthan Act No. 2 of 2009.-
Section - 6. Insertion of new section 68-A,
Rajasthan Act No. 18 of 2009.-
Section - 7. Substitution of section 69-A,
Rajasthan Act No. 18 of 2009.-
Section - 8. Amendment of section 194, Rajasthan
Act No. 18 of 2009.-
Section - 9. Insertion of new section 50-B,
Rajasthan Act No. 39 of 2013.-
Section - 10. Insertion of new section 89-A,
Rajasthan Act No. 39 of 2013.-