RAJASTHAN
PANCHAYATI RAJ (THIRD AMENDMENT) ACT, 2015 THE RAJASTHAN PANCHAYATI RAJ (THIRD AMENDMENT) ACT, 2015 [Act No. 28 of 2015] [0 7th October, 2015] An Act further to amend the Rajasthan Panchayati Raj Act, 1994 Be it enacted by the
Rajasthan State Legislature in the Sixty-sixth Year of the Republic of India,
as follows:- (1)
This Act may be called the Rajasthan Panchayati Raj (Third
Amendment) Act, 2015. (2)
It shall be deemed to have come into force on and from 5th June,
2015. After the existing
Chapter-IV and before the existing Chapter-V of the Rajasthan Panchayati Raj
Act, 1994 (Act No. 13 of 1994), the following hew Chapter shall be inserted,
namely:- "CHAPTER-IV-A REGULATION OF ABADI AREA OF A VILLAGE 107-A. Restriction on
change of use of land and power of the State Government to allow change of use
of land (1)
No person shall use or permit the use of any land situated in any
abadi area of a village, for the purpose other than that for which such land
was originally allotted or sold to any person by the State Government, any
Panchayat, any other local authority or any other body or authority in
accordance with any law for the time being in force or, otherwise than as
specified under a development plan, wherever it is in operation. (2)
In the case of any land not allotted or sold as aforesaid, and not
covered under sub-sec. (1), no person shall use or permit the use of any such
land situated in abadi area of a village for the purpose other than that for
which such land was being used on or before the commencement of the Rajasthan
Panchayati Raj (Third Amendment) Act, 2015 (Act No of 2015). (3)
Notwithstanding anything contained in sub-sec. (1) or sub-sec.
(2), the State Government or any officer or authority authorized by it, by
notification in the Official Gazette, may allow the owner or holder of any such
land to have change of use thereof, if it is satisfied so to do in public
interest, on payment of conversion charges at such rates and after inviting and
hearing objections from the neighbourhood in such manner as may be prescribed
with respect to the following changes in use, namely:- (i)
from residential to commercial or any other purpose: or (ii)
from commercial to any other purpose; or (iii) from industrial to
commercial or any other purpose; or (iv) from cinema to commercial or any other
purpose; or (iii)
?from hotel to commercial or
any other purpose; or (iv)
?from tourism to commercial
or any other purpose; or (v)
?from institutional to
commercial or any other purpose: Provided that rates of
conversion charges may be different for different areas and for different
purposes. (4)
Where the State Government or any officer or authority authorized
by it under sub-sec. (3), is satisfied that a person who ought to have applied
for permission or regularization under this section, has not applied and that
such permission can be granted or the use of land can be regularized, it may
proceed to determine the conversion charges after due notice and hearing the
party or parties and the charges as may be prescribed shall become due to the
Panchayat and be recoverable under sub-sec. (6). (5)
The conversion charges so realized shall be credited to the fund
of the Panchayat. (6)
The charges under this section shall be the first charge on the
interest of the person liable to pay such charges with respect to the land, the
use of which has been changed, and shall be recoverable as arrears of land
revenue. 107-B. Obligation to seek
permission for sub-division or reconstitution of plots.- (1)
No person shall sub-divide or reconstitute a plot of land situated
in abadi area of a village without obtaining prior permission of the State
Government or any officer or authority authorized by it, by notification in the
Official Gazette. (2)
The permission under sub-sec. (1) shall be granted in such manner,
on payment of such charges, and subject to such terms and conditions, as may be
prescribed. (3)
The charges realized under this section shall be credited to the
fund of the Panchayat. (4)
The charges under this section shall be the first charge on the
interest of the person liable to pay such charges with respect to the land,
sub-division or reconstitution of which has been permitted, and shall be
recoverable as arrea is of land revenue. 107-C. Grant of Patta of
certain lands.- (1)
Any person who is in lawful possession of any land within the
abadi area of a village otherwise than under a Patta, lease or licence issued
by the State Government or the Panchayat or any other local authority may
obtain Patta in respect of such land from the Panchayat in the prescribed
manner. (2)
Where an application is filed under sub-sec. (1), the Panchayat shall
invite objections from public in general in the prescribed manner and hear all
the persons who file objections against such application and the applicant, in
the prescribed manner. (3)
If, after hearing the persons who have filed objections under
sub-sec. (2) and the applicant, the Panchayat is satisfied that the applicant
is entitled to obtain Patta under this section, it may grant Patta of such land
to such person in the prescribed form and manner on payment by the applicant
such fees or charges as may be prescribed. (4)
The Patta granted under sub-sec. (3) shall be subject to all the
covenants and encumbrances which were attached to the land and existed
immediately before grant of such Patta. 107-D. Disposal of certain
lands.- (1)
Any Nazul land or land set apart for development of abadi under
Sec. 92 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) placed at
the disposal of a Panchayat under Sec. 102-A of the said Act shall be disposed
of by the Panchayat subject to such conditions and restrictions as the State
Government may from time to time lay down and in such manner as may from time
to time be prescribed. (2)
Notwithstanding anything contained in sub-sec. (1), if the State
Government is satisfied that it is expedient in the public interest so to do,
it may direct by notification in the Official Gazette that any land referred to
in the said sub-section or any part thereof shall be disposed of by such
officer of the State Government in such manner and subject to terms and
conditions as may be specified in such notification. 107-E. Allotment, sale or
other transfer to be for a specified use.- After the commencement of
the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 28 of 2015)
every allotment, sale or other transfer of land in abadi area of a village
shall be made for specified use and such use shall clearly and invariably be
mentioned in the Patta or other document evidencing such allotment, sale or
other transfer. 107-F. Panchayat to prepare
and maintain record of abadi land.- Every Panchayat shall
prepare and maintain record of abadi land situated within the Panchayat area in
such manner and in such form as may be prescribed. 107-G. This Chapter to have
overriding effect.- The provisions of this
Chapter shall have effect notwithstanding anything contained elsewhere in this
Act or in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) or any
other Rajasthan law. 107-H. Saving.- Nothing in this Chapter
shall in anyway affect, take away or abridge the right conferred on tenants by
Sec. 31 of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) to possess in
the abadi of a village a site for a residential house free of charge. Explanation.- For the purposes of this
Chapter- (i)
" development plan" means a spatial plan, by whatever
name called; (ii)
"abadi", "abadi area" or "abadi land'
shall have the same meaning as has been assigned to them in clause (b) of Sec.
103 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956); and (iii)
"Nazul land' shall have the same meaning as has been assigned
to it in clause (ib) of Sec. 3 of the Rajasthan Land Revenue Act, 1956 (Act No.
15 of 1956)." (1)
The Rajasthan Panchayati Raj (Amendment) Ordinance, 2015
(Ordinance No. 3 of 2015) is hereby repealed. (2)
Notwithstanding such repeal, all things done, actions taken or orders
made under the principal Act as amended by the said Ordinance shall be deemed
to have been done, taken or made under the principal Act as amended by this
Act.
Preamble - RAJASTHAN PANCHAYATI RAJ (THIRD AMENDMENT) ACT, 2015PREAMBLE