RAJASTHAN
URBAN AREAS (PERMISSION FOR USE OF AGRICULTURE LAND FOR NON-AGRICULTURAL
PURPOSES AND ALLOTMENT) (SECOND AMENDMENT) RULES, 2021
PREAMBLE
In exercise of the powers conferred by clause (xi-a) of sub-section (2)
of section 261 read with section 90-A of the Rajasthan Land Revenue Act, 1956
(Act No. 15 of 1956), section 54-B and 95 of the Jaipur Development Authority
Act, 1982 (Act No. 25 of 1982), section 49 and 91 of the Jodhpur Development
Authority Act, 2009 (Act No. 2 of 2009), section 49 and 91 of the Ajmer
Development Authority Act, 2013 (Act No. 39 of 2013) and section 60 and 74 of
the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) and section 71
and 337 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009) and all
other powers enabling it in this behalf, the State Government hereby makes the
following rules further to amend the Rajasthan Urban Areas (Permission for use
of Agriculture Land for Non-agriculture Purposes and Allotment) Rules, 2012,
and orders with reference to proviso to sub-section (2) of section 74 of the
Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) that the previous
publication of these amendment rules is dispensed with as the State Government,
in public interest, considers that they should be brought into force at once,
namely:-
Rule - 1. Short title and commencement.
(1)
These rules may be called the Rajasthan Urban Areas
(Permission for use of Agriculture Land for Non-agricultural Purposes and
Allotment) (Second Amendment) Rules, 2021.
(2)
They shall come into force at once.
Rule - 2. Amendment of rule 4.
In sub-rule (1) of
rule 4 of the Rajasthan Urban Areas (Permission for use of Agriculture Land for
Non-agricultural Purposes and Allotment) Rules, 2012, hereinafter referred to
as the said rules,-
(i)
at the end in clause (viii), for the existing expression
"(vii).", the expression "(vii):" shall be substituted; and
(ii)
after clause (viii), so amended, the following proviso
shall be added, namely:-
"Provided
that where a survey has been conducted and a detailed lay-out plan of a
developed colony has been already prepared by the Local Authority either on its
own motion or on request made by any of the plot holder or Vikas Samiti, in
such cases presenting of documents mentioned in clause (v), (vi) and (vii) of
this sub-rule shall not be required with the application submitted under this
sub-rule.
Explanation: For
the purpose of this sub-rule 'Developed colony' means a colony where one
dwelling units/boundary walls have been constructed on minimum ten percent plots
of the total plots of lay-out plan of colony."
Rule - 4. Amendment of rule 9.
In first proviso
to sub-rule (2) of rule 9 of the said rules, for the existing expression
"fifteen percent per annum", the expression "nine percent per
annum" shall be substituted.
Rule - 5. Insertion of new rule 9A.
After rule 9, so
amended and before the existing rule 10 of the said rules, the following new
rule 9A shall be inserted, namely:-
“9A.
Fine under proviso to sub-section (5) of section 90A of the Rajasthan Land Revenue
Act, 1956.-
"The amount
of fine payable under proviso to sub-section (5) of section 90A of the
Rajasthan Land Revenue Act, 1956 shall be such as may be notified by the State
Government, from time to time."
Rule - 6. Amendment of rule 16.
In proviso to
sub-rule (2) of rule 16 of the said rules, for the existing expression
"fifteen percent per annum", the expression "nine percent per
annum" shall be substituted.
Rule - 7. Amendment of rule 20.
After the existing
last proviso to sub-rule (1) of rule 20 of the said rules, the following new
proviso shall be added, namely:-
"Provided
also that in case of group housing, flats, institutional, commercial,
industrial plots or plots under township policy, one time deposition of urban
assessment shall be mandatory."
Rule - 8. Insertion of new rule 23-B and 23-C.
After the existing
rule 23-A and before the existing rule 24 of the said rules, the following new
rule 23-B and rule 23-C shall be inserted, namely:-
“23-B.
Extension of tenure of lease granted under other rules.-
"In case if
the land has been allotted on lease hold basis for a period upto thirty years
for any non-agricultural purpose under any rules made under the Rajasthan Land
Revenue Act, 1956 before commencement of the Rajasthan Urban Areas (Permission
for use of Agriculture Land for Non-agricultural Purposes and Allotment)
(Second Amendment) Rules, 2021 and period of such lease has not expired and
annual payment due have been deposited, allottee of such land shall be entitled
to get the extension of lease period upto the remaining period left to make it
99 years in all, by the local authority with prior permission of the State
Government, on payment of an amount equal to the premium as specified in rule
9:
Provided that in
case if the land has been allotted for five years as initial period of lease,
the lease may be extended at the option of the allottee for five years at a
time on payment of an amount equal to the premium as specified in rule 9.
Provided further
that extension of lease period shall be allowed only if it is permissible in
accordance with the law applicable in the area and is in consonance with the
master plan.
Provided also that
in case if the lease period has expired and lessee has not applied for
extension of lease period before expiry of such lease period, application for
extension of lease period may be considered, if lessee deposits late fee amount
equal to 10% of premium as specified in rule 9.
23-C.
Status of land on the expiry of the lease period.-
The land allotted
for any non-agricultural purpose, under these rules or any other rules, shall
revert free from all encumbrances to the local authority on the expiry of the
lease period."
Rule - 9. Amendment of rule 26.
The existing
sub-rule (1) of rule 26 of the said rules shall be substituted by the
following, namely :-
"(1)
if a person in whose favor lease deed or
free hold patta of independent plot or other plot is issued under these rules,
has not constructed one dwelling unit/commercial unit as the case may be, in
case of independent plot or in case of other plot such as for group housing,
flats, institutional purposes, commercial purposes etc has not constructed 1/5
of maximum ground coverage of plot area within seven year from the date of
issue of lease deed of independent plot or other plot, as the case may be, he
shall be liable to pay levy at the following rates :-
(a)
in case of lease hold patta:
|
S.N.
|
Period of non
construction
|
Levy
|
|
1.
|
0 to 7 years
|
Nil
|
|
2.
|
after 7 years
and upto 14 years
|
1% per year of
the residential price (four times of premium) of the area prevailing at the
time of allotment/regularization of land.
|
|
3.
|
after 14 years
and upto 20 years
|
2% per year of
the residential price (four times of premium) of the area prevailing at the
time of allotment/regularization of land.
|
|
4.
|
after completion
of 20 years, the Trust shall issue a notice to the allottee to complete the
construction within a period of 2 years.
|
2.5 % per year
of the residential price (four times of premium) of the area prevailing at
the time of allotment/regularization of land.
|
|
5.
|
after completion
of 22 years
|
Lease deed shall
automatically stand cancelled.
|
(b)
in case of free hold patta:
|
S.N.
|
Period of non
construction
|
Levy
|
|
1.
|
0 to 07 years
|
Nil
|
|
2.
|
after 07 years
and upto 14 years
|
0.50 % per year
of the residential price (four times of premium) of the area prevailing at
the time of allotment/regularization of land.
|
|
3.
|
after 14 years
and upto 20 years
|
1 % per year of
the residential price (four times of premium) of the area prevailing at the
time of allotment/regularization of land.
|
|
4.
|
after completion
of 20 years, the trust shall issue a notice to the allottee/lessee to
complete the construction within a period of two years
|
2 % per year of
the residential price (four times of premium) of the area prevailing at the
time of allotment/regularization of land.
|
|
5.
|
after completion
of 22 year
|
Free-hold patta
shall automatically stand cancelled.
|
Provided that the
Trust may, if satisfied that some minimum facilities of electricity, water and
approach road are not available in the area, exempt from payment of levy for
non-construction.
Provided further
that the Trust may, on application of lessee/allottee/patta holder, regularise
and restore such cancelled lease/patta with the approval of the State Government,
if such land has not been allotted to any other person and lessee is prepare to
pay an additional levy at the rate of 2.5% and free hold patta holder is
prepare to an additional levy at the rate of 2% per year of the residential
price at the time of allotment/regularisation in addition to levy payable for
22 years. (1A) Notwithstanding anything contained in sub-rule (1),-
(i)
in case of any vacant plot where rain/waste water or
garbage gets accumulated, a notice of fifteen days shall be given to such plot
holder to remove such accumulated rain/waste water or garbage within a period
specified in the notice, if he fails to comply with the notice, the allotment
of such plot shall be cancelled; and
(ii)
in case of a Group Housing/Township Scheme where
developer/khatedar has obtained lease-deed/free-hold patta of individual plots
for sale, he and his transferee shall not be liable for payment of levy
specified in sub-rule (1) for a period of 14 years from the date of issue of
lease-deed/free-hold patta in favour of the developer/khatedar.
Rule - 10. Amendment of rule 28.
In rule 28 of the
said rules, for the existing expression "fifteen percent", the
expression "nine percent" shall be substituted.