Rajasthan Panchayati Raj Act 1994 (Chapter 4A Regulation of Abadi Area of a Village)

Rajasthan Panchayati Raj Act 1994 (Chapter 4A Regulation of Abadi Area of a Village):- 107A. 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 by 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-Section (1), no person shall use or permit the use of any such land situated in a bad area of a village for any 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-section (1) or (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 a change of use thereof, if it is satisfied so to do in the public interest, on payment of conversion charges at such rates and after inviting and hearing objections from the neighborhood in such manner as may be prescribed concerning 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

(v) from hotel to commercial or any other purpose; or

(vi) from tourism to commercial or any other purpose; or

(vii) from institutional to commercial or any other purpose:

Provided that rates of conversion charges may be different for different areas and different purposes.

(4) Where the State Government or any officer or authority authorized by it under sub-Section (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-Section (G).

(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 concerning the land, the use of which has been changed and shall be recoverable as arrears of land revenue.

107B. Obligation to seek permission for sub-division or reconstitution of plots – (1) No person shall subdivide or reconstitute a plot of land situated in the Abadi area of a village without obtaining the prior permission of the state government or any officer or authority authorized by it by notification in the official gazette.

(2) The permission under Section 1 shall be granted in such a 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 concerning the land, subdivision, or reconstitution of which has been permitted and shall be recoverable as averages of land revenue.

107C. 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 license 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 Subsection (1), the Panchayat shall invite objections from the public in general in the prescribed manner and hear all the persons who file objections against such an application and the applicant in the prescribed manner.

(3) If, after hearing the persons who have filed objections under Subsection (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 of such fees or charges as may be prescribed.

(4) The patta granted under Section 3 shall be subject to all the covenants and encumbrances that were attached to the land and existed immediately before the grant of such a patta.

107D. Disposal of certain lands (I) Any nazul land or land set apart for the development of Abadi under Section 92 of the Rajasthan Land Revenue Act, 195G (Act No. 15 of 195G) placed at the disposal of a panchayat under Section 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-Section (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 a such officer of the State Government in such manner and subject to terms and conditions as may be specified in such notification.

107E. 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 the Abadi area of a village shall be made for a specified use, and such use shall clearly and invariably be mentioned in the patta or other document evidencing such an allotment, sale, or other transfer.

107F. Every panchayat shall prepare and maintain a record of Abadi land situated within the panchayat area in such a manner and such a form as may be prescribed.

107G. This Chapter has an overriding effect. The provisions of this Chapter shall have effect notwithstanding anything contained elsewhere in this Act or the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) or any other Rajasthan law.

107H. Saving. – Nothing in this Chapter shall in any way affect, take away or abridge the right conferred on tenants by Section 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 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 Section 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 Section 3 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956).