Rajasthan Panchayati Raj Rules 1996 [Chapter 9A Change of use of land in abadi area]

173A. Change of use of land in the Abadi area on payment of conversion charges. – (1) Any person who intends to use any land held by him in the Abadi area of a village for a purpose other than that for which the same was,-

(i) originally allotted or sold by the State Government, any Panchayat, any other local authority, or any other body or authority by law for the time being in force; or

(ii) being used on or before 5th June 2015 (i.e. on or before the commencement of the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 28 of 2015)) and not covered under clause (i);

may apply in Form XLVIII to the Officer or Authority authorized by the State Government:

Provided that where land was allotted or sold by the State Government, any Panchayat, any other local authority, or any other body or authority for the purposes of residential use at a concessional rate or free of cost, use of such land shall not be allowed to be changed.

Provided further that the change of use of land for the establishment of a Tourism unit or Heritage Hotel shall be governed by the Rajasthan Panchayati Raj (Allotment, Change of Use of Land and Regularization of Abadi Land in Panchayat Area for Tourism Units) Rules, 2015.

(2) The Officer or Authority, authorized by the State Government, on receipt of such application shall invite objections from the persons of the locality around the land of which change of use is sought by affixing a notice on the conspicuous place of locality, notice board of the Panchayat and the office of such Officer or Authority and by announcing the same in the neighborhood by the beat of drum or any amplifying device. The notice shall also be published in newspapers having wide circulation in the locality.

(3) Such notice shall specify a date, not less than thirty days, by which objections may be filed.

(4) If any objection is filed within the specified period, such Officer or Authority shall consider the objection and provide an opportunity of being heard to the objector and the applicant and pass an order rejecting or accepting the objection. Where an objection has been accepted the application for change of use of such land shall be rejected and where the objection is rejected, the said officer or authority shall allow the desired change of use of such land as per. sub-section (3) of section 107-A of the Act.

(5) The conversion charges payable for the conversion of residential Abadi land for non-residential purposes shall be as under:

S.N. Purpose Rate

1 2 3

1. Commercial purpose Rs. 10/- per sq. meter or 10% amount of the DLC rate of residential Abadi land, whichever is higher.

2. Industrial Area/Industrial /Industrial Estate-purpose Rs.5/- per sq. meter or 5% amount of the DLC rate of residential Abadi land, whichever is higher.

3. Public Utility purpose Without conversion charges up to 1000 sq. meters and for exceeding 1000 sqr. meters Rs.5/- per sq. meter 5% of the DLC rate, whichever is higher.

4. Institutional purpose Rs.5/- per sq. meter or 5% of DLC rate of residential Abadi land, whichever is higher.

5. Medical Facilities purpose Rs.10/- per sq. meter or 10% DLC rate of residential Abadi land, whichever is higher.

6. establishment of solar or wind power plant at 10 percent of the rates prescribed For industrial purpose

(6) If a person intends to change of use of land held by him from any nonresidential purpose to any other non-residential purpose, he shall submit an application in Form XLVIII to the Officer or Authority authorized by the State Government along with a receipt of a deposit of a different amount of conversion charges, if any:

Provided that the amount already deposited shall not be refunded, in any case.

(7) If a person intends to change of use of land from any other purpose to residential purposes, he may apply to the Officer or Authority authorized by the State Government in Form XLVIII. Such application shall be considered by such Officer or Authority and if found in order, he may order for change of use of land. No conversion charges shall be payable for such a change of use of land.

(8) The conversion charges shall be exempted fully or partially in the following cases, namely: –

(i) No conversion charges shall be payable by any department of the Central Government State Government or a local authority for a change of use of land for non-residential or any official use;

(ii) Fifty percent of the conversion charges shall be payable in case of a change of use of land for the establishment of an eligible unit as approved by the specified authority under the provisions of the Rajasthan Investment Promotion Scheme, 2003;

(iii) Fifty percent of the conversion charges shall be payable in case of a change of use of land for the establishment of the enterprise, for modernization, expansion, or diversification of existing enterprise, or for the revival of sick industrial enterprise holding a valid entitlement certificate under the “provisions of the Rajasthan Investment Promotion Scheme, 2010; and

(iv) No conversion charges shall be payable in case of a change of use of land, on the recommendation of the Department of Technical Education, for the purpose of the establishment of a technical education institution.

(9) Where the Officer1 or Authority authorized by the State Government allows the application and passes an order for such change of use of land, such Officer or Authority shall also issue notice to the applicant to deposit, within thirty days, the conversion charges for desired change of use of land and also other dues, if any.

(10) Whenever the applicant deposits the required charges and also other dues, if any, within the period specified in the notice issued under sub-rule (9), the Officer or Authority authorized by the State Government shall proceed to grant him permission for change of use of Abadi land in Form XLIX.

(11) Where the applicant fails to deposit the amount within the period specified in sub-rule (9), the Officer or Authority shall order for rejection of the application.

(12) Where, on the representation of the applicant, the State Government is satisfied with the reasons given by the applicant and holds a view that delay needs to be condoned, it may order for restoration of the application and issue direction for grant of permission if the applicant deposits the required amount of conversion charges for change of use of land within seven days of such order:

Provided that no such representation shall be entertained if made after a lapse of 180 days from the date of the order made under sub-rule (11).

(13) Whenever an order under sub-rule (12) is passed and the required amount of conversion charges or other dues, if any, are deposited by the applicant within the period specified in the said order, the Officer or Authority authorized by the State Government shall grant him permission for change of use of land in Form XLIX.

(14) Soon upon the receipt of permission granted under sub-rule (10) or (13), as the case may be, and verifying the fact of depositing the number of charges, the Panchayat shall issue a fresh lease deed in Form L by superseding the earlier lease deed or patta, as the case may be.

173B. How permission for sub-division and re-constitution of plots may be obtained. – (1) Any person who intends to sub-divide or reconstitute his plot or plots situated in a bad area of a village, shall obtain permission from the Officer or Authority authorized by the State Government. Application for permission shall be made in Form LI.

(2) The application under sub-rule (1) shall be accompanied by proof for the satisfaction of the Officer or Authority authorized by the State Government that plot or plots of the land intended to be subdivided or reconstituted belongs to the applicant and the land is an Abadi land of the village.

(3) The site plan and key map of such plots or plots of land, which shall be drawn to a suitable scale showing boundaries of aforesaid land and the adjoining areas with plot numbers or khasara numbers, as the case may be, shall be enclosed.

(4) Existing structures, kachcha or pucca and use to which they are put, roads, and access to the proposed site should be mentioned in the details of said plan.

(5) Other existing physical features such as Allah, water bodies, well, electric, telephone, water supply lines, and sewer lines, if any, should also be indicated on the site plan as additional information.

(6) The north direction of plot or plots should be clearly indicated on the site plan as well as the scale thereof and index of notations etc. •

(7) The proposed uses of land should be clearly stated in the application or separately appended as a land use schedule providing therein,-

(i) the sizes of plots, and their setbacks;

(ii) right of way to roads with a width of the pavement; and

(iii) open spaces, if any, in the vicinity;

(8) In addition to the above, the applicant shall also furnish such other information as may be required by the Officer or Authority authorized by the State Government.

(9) The application for sub-division or reconstitution of the plot or plots in the Abadi area of a village shall be disposed of by the Officer or Authority authorized by the State Government within forty-five days from the date of receipt of the application.

(10) When the application for the sub-division or reconstitution is allowed, the Officer or Authority passing the order for approval of sub-division or reconstitution asks the applicant to deposit charges as specified in rule 173-D, within thirty days and when such charges are deposited, such Officer or Authority shall grant permission for the sub-division and reconstitution of the plot 01 plots in Form LII to which the approved plan of sub-division or reconstitution shall be appended, duly authenticated.

(11) if the charges required to be paid are not deposited by the applicant within the period specified in sub-rule (10) the application shall be rejected.

(12) Where the application for sub-division or reconstitution is rejected owing to default in depositing the number of charges within a stipulated period, the order of rejection passed by the Officer or Authority authorized by the State Government may be revoked by the State Government if an application is filed within 90 days from the date of rejection. While revoking the order of rejection and allowing the application for sub-division or reconstitution, the State Government may impose a penalty, as it may deem fit, not exceeding rupees fifty thousand, such officer or authority shall grant permission in Form LII in compliance with the order of the State Government.

173C. Terms and conditions are subject to which the subdivision or re-constitution of plots or plots may be allowed. – (1) No plot which is intended for residential purposes shall be less than 30 sqr. meters and more than 1000 sqr. meters while being considered for sub-division or reconstitution.

(2) No plot which is commercial or intended to be used for commercial purposes shall be less than 10 sqr. meters and more than 1000 sqr. meters while being considered for sub-division or reconstitution.

(3) No sub-division or reconstitution of plot or plots shall be allowed in the Abadi area of a village if such sub-division or reconstitution is contrary to any scheme or plan, if any, in operation in the Panchayat circle or falls within the ambit of restrictions imposed by the State Government by any general or special order keeping in view the density of population in the Abadi area.

(4) No plot, which was allotted or granted free of cost or at the concessional rate by the Panchayat, shall be permitted to be subdivided or reconstituted.

173D. Charges to be levied on sub-division or reconstitution of plots. – The rates of charges to be levied for subdivision or reconstitution of plots shall be rupees five per sq. meter or two percent amount of the prevailing rates recommended by the District Level Committee constituted under the Rajasthan Stamp Rules, 2004 for residential Abadi land, whichever is higher.

173E. Appeal. – (1) Any person aggrieved by an order passed under sub-rule (4) and sub-rule (7) of rule 173-A made by the Officer or Authority authorized by the State Government may prefer an appeal within sixty days from the date of order to the [***] State Government.

(2) Such appeal shall be accompanied by a fee of rupees five hundred which shall be deposited with the panchayat concerned and a photocopy of the receipt shall be enclosed with the appeal as proof of depositing the fee.

(3) The decision of the [State Government] on such appeal shall be final.

173F. Every allotment, sale, or other transfer of land shall be for a specified purpose. – Every allotment, sale, or otherwise transfer of land in the Abadi area of a village shall be made for specified use and such use of land shall clearly and invariably be mentioned in the Patta or other document evidencing such allotment, sale, or otherwise transfer.

173G. Maintenance of record of Abadi land. – Every Panchayat shall maintain a record of Abadi land situated within the Panchayat area of a village in Form LIII.

173H. This chapter has an overriding effect. – The provisions of this chapter shall have overriding effect notwithstanding anything contained elsewhere in these rules.

Explanations. – For the purposes of this chapter,-

(a) “allotment” means allotment of Abadi land and shall include regularisation thereof;

(b) “application” means a completed application submitted to the Authority or Officer concerned, along with required documents and charges, if any;

(c) “Commercial purpose” means the use of any premises for any trade or commerce or business, which shall include a shop, commercial establishment, bank, office, guest house, hostel, hotel, restaurant, dhaba(whether pucca or temporary structure), show-room, cinema, multiplex, petrol pump, weighbridge, godown, workshop or any other commercial activity and shall also include the use thereof partly for residential and partly for commercial purposes but shall not include tourism units;

(d) “Institutional purpose” means the use of any premises or an open area by any establishment, organization, or association for the promotion of some object especially of general utility, charitable, educational, or like nature, except public utility purpose;

(e) “Public Utility purpose” means dharmshala, religious place, gaushala, or public park;

(f) “Medical Facilities purpose” shall include Clinics, Dispensaries, Medical hospitals, Diagnostic centers, and Nursing-homes.