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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, June 29, 2018
No. F. 2(26) Vidhil2/2016 .-In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication "in the Rajasthan Gazette of the following
translation in the English language of Rajasthan Bhoomi Pooling
Scheme Adhiniyam, 2016 (2018 Ka Adhiniyam Sankhyank 14) :-
(Authorised English Translation)
THE RAJASTHAN LAND POOLING SCHEMES ACT, 2016
(Act No. 14 of 2018)
[Received the assent of the president on the 14th day of June, 2018J
An
Act
to provide for implementation of Urban Development Schemes and
Projects through land pooling system and matters connected
therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-seventh Year ofthe Republic ofIndia, as follows:-
CHAPTER 1
Preliminary
1. Short title, extent and commencement.- (1) This Act
may be called the Rajasthan Land Pooling Schemes Act, 2016.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
9 (52) W “Wt—1H, 613 29, 2018 am 4 (25)
(4)Wfifianmfiwamw,3u—flnr(3)$
Wmfimrfiméfimsmafiramaumamm
mmawamanfiammammmam
umfiaafi‘ramm
Wmam‘r,
925(an afial
LAW (LEGISLATIVE DRAFTING ) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, June 29, 2018
No. F. 2(26) Vidhi/2/2016 .-In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication‘in the Rajasthan Gazette of the following
translation in the English language of Rajasthan Bhoomi Pooling
Scheme Adhiniyam, 2016 (2018 Ka Adhiniyam Sankhyank l4) :-
(Authorised English Translation)
THE RAJASTHAN LAND POOLING SCHEMES ACT, 2016
(Act No. 14 of 2018)
[Received the assent of the president on the 14th day of June, 2018]
An
Act
to provide for implementation of Urban Development Schemes and
Projects through land pooling system and matters connected
therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-seventh Year of the Republic of India, as follows:-
CHAPTER 1
Preliminary
1. Short title, extent and commencement.- (1) This Act
may be called the Raj asthan Land Pooling Schemes Act, 2016.
(2) It shall extend to the whole of the State of Raj asthan.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
52
'rfTlT4 (cp)
2. Definitions.- (1) In this Act, unless the context otherwise·
requires,-
(i) "appropriate authority" means any Local
Authority or any other agency as may be notified
as such by the State Government;
(ii) "Board of Appeal" means the Board of Appeal
constituted under section 56;
(iii) "Chief Town Planner" means the Chief Town
Planner, Rajasthan of State Town Planning
Department;
(iv) "final plot" means a plot reconstituted from an
original plot and allotted in a land pooling scheme
as a final plot;
(v) "Land Pooling Officer" means a Land Pooling
Officer appointed under section 21 of this Act;
(vi) "land pooling scheme" means a scheme prepared
under the provisions of this Act;
(vii) "local authority" means a Municipality constituted
under the Rajasthan Municipalities Act, 2009 (Act
No. 18 of 2009), an Urban Improvement Trust
constituted under the Rajasthan Urban
Improvement Act, 1959 (Act No. 35 of 1959), the
Jaipur Development Authority constituted under
the Jaipur Development Authority Act, 1982 (Act
No. 25 of 1982), the Jodhpur Development
Authority constituted under the Jodhpur
Development Authority Act, 2009 (Act No. 2 of
2009), the Ajmer Development Authority
constituted under the Ajmer Development
Authority Act, 2013 (Act No. 39 of 2013) or any
other Development Authority constituted under
any law for the time being in force;
(viii) "occupier" includes any person for the time being
paying, or liable to pay, to the owner the rent or
any portion of the rent of the land or the building
in respect of which the word is used or for
damages on account of the occupation of such
land or building, and also includes a rent free
tenant;
{ix) "operational construction" means any
construction whether temporary or permanent
W4 (25)
W “Til—W, GE 29, 2018 9(53)
2. Definitions.- (1) In this Act, unless the context otherwise
requires, -
(i) "appropriate authority" means any Local
Authority or any other agency as may be notified
as such by the State Government;
(ii) "Board of Appeal" means the Board of Appeal
constituted under section 56;
(iii) "Chief Town Planner" means the Chief Town
Planner, Rajasthan of State Town Flaming
Department;
(iv) "final plot" means a plot reconstituted from an
original plot and allotted 1n a land pooling scheme
as a final plot;
(v) "Land Pooling Officer” means a Land Pooling
Officer appointed under section 21 of this Act;
(vi) "land pooling scheme" means a scheme prepared
under the provisions of this Act;
(vii) "local authority" means a Municipality constituted
under the Rajasthan Municipalities Act, 2009 (Act
No. 18 of 2009), an Urban Improvement Trust
constituted under the Rajasthan Urban
Improvement Act, 1959 (Act No. 35 of 1959), the
Jaipur Development Authority constituted under
the Jaipur Development Authority Act, 1982 (Act
No. 25 of 1982), the Jodhpur Development
Authority constituted under the Jodhpur
Development Authority Act, 2009 (Act No. 2 of
2009), the Ajmer Development Authority
constituted under the Ajmer Development
Authority Act, 2013 (Act No. 39 of 2013) or any
other Development Authority constituted under
any law for the time being in force;
(viii) "occupier" includes any person for the time being
paying, or liable to pay, to the owner the rent or
any portion of the rent of the land or the building
in respect of which the word is used or for
damages on account of the occupation of such
land or building, and also includes a rent free
tenant;
'(ix) “operational construction” means any
construction whether temporary or permanent
53
which is necessary for the operation, maintenance,
development or execution of any or all of the
following public services, namely:-
(a) railways;
(b) National expressway and National or State
highways;'
(c) National waterways;
(d) major and minor ports;
(e) airports;
(t) posts and telegraphs, mobile towers,
telephones, wireless, broadcasting and other
like forms of communication;
(g) regional grid and related structures for
electricity; and
(h) any other service which the State
Government, in consultation with the
Central Government, as and when required,
may, if it is of the opinion that the operation,
maintenance, development or execution of
such service is essential to the life of the
community, by notification, declare to be a
public service for the purposes of this
clause;
Explanation.-For the removal of doubts, it
is hereby declared that the construction of new
building, new structure or new installation or any
extension thereof, as the case may be, used for
residential, commercial, public and semi-public,
industrial, warehousing purposes shall not be
deemed to be an operational construction within
the meaning of this clause;
(x) "owner" includes the person for the time being
receiving the rent or is entitled to receive rent, of
any land or building or of any part of any land or
building, whether on his own account or as an
agent or trustee for any person or society or for
any religious or charitable purpose or as a receiver
or who would receive such rent if the land or the
building or any part of the land or the building
were let to a tenant;
9 (54)
(X)
W W—W, GE! 29, 2018 am 4 (as)
which is necessary for the operation, maintenance,
development or execution of any or all of the
following public services, namely:-
(a) railways;
(b) National expressway and National or State
highways;
(c) National waterways;
(d) major and minor ports;
(e) airports;
(0 posts and telegraphs, mobile towers,
telephones, wireless, broadcasting and other
like forms of communication;
(g) regional grid and related structures for
electricity; and
(h) any other service which the State
Government, in consultation with the
Central Government, as and when required,
may, if it is of the opinion that the operation,
maintenance, development or execution of
such service is essential to the life of the
community, by notification, declare to be a
public service for the purposes of this
clause;
Explanation.-For the removal of doubts, it
is hereby declared that the construction of new
building, new structure or new installation or any
extension thereof, as the case may be, used for
residential, commercial, public and semi-public,
industrial, warehousing purposes shall not be
deemed to be an operational construction within
the meaning of this clause;
"owner" includes the person for the time being
receiving the rent or is entitled to receive rent, of
any land or building or of any part of any land or
building, whether on his own account or as an
agent or trustee for any person or society or for
any religious or charitable purpose or as a receiver
or who would receive such rent if the land or the
building or any part of the land or the building
were letto a tenant;
54
~ ThJ]-1f5T, T 29,2018
(xi) "plot" means a portion of land, in the land pooling
scheme or in any other scheme, held in single or
joint ownership;
(xii) "preliminary scheme" means a preliminary scheme
relating to a land pooling scheme prepared under
this Act;
(xiii) "prescribed" means prescribed by rules made under
this Act;
(xiv) "public purpose" includes any purpose which is
useful to the public or any class or section of the
public and the requirement of land reserved or
designated in a plan, project or scheme or for any
other purposeunder this Act;
(xv) "reconstituted plot" means a plot which is in any
way altered by the making of a land pooling
scheme;
Explanation.- For the purpose of this clause
"altered" includes the alteration of ownership of a
plot;
(xvi) "scheme" means a land pooling scheme; and
(xvii) "sub-division 11 means division of a parcel or piece
of land into two or more parts.
(2) Words and expressions used in this Act, but not defined
herein, shall have the same meanings as assigned to them in the
Rajasthan Urban Improvement Act, 1959 (Rajasthan Act No. 35 of
1959), the Rajasthan Municipalities Act, 2009 (Rajasthan Act No.
18 of 2009), Jaipur Development Authority Act, 1982 (Act No. 25
of 1982), the Jodhpur Development Authority Act, 2009 (Act No.
2 of2009) and Ajmer Development Authority Act, 2013 (Act No.
390f2013).
CHAPTER 2
Land Pooling Scheme
3. Preparation of Land Pooling Scheme.- Subject to the
provisions of this Act or any other law for the time being in force,
the appropriate authority may make one or more land pooling
schemes for the area under its jurisdiction or any other area as may
be notified by the State Government:
Provided that the State Government may in this behalf
direct any appropriate authority by specific or general order to
arm 4 (65) W "ea—1131, T1151 29, 2018 9(55)
(xi) "plot" means a portion of land, in the land pooling
scheme or in any other scheme, held in single or
joint ownership;
(xii) "preliminary scheme" means a preliminary scheme
relating to a land pooling scheme prepared under
this Act;
(xiii)‘ 'prescribed" means prescribed by rules made under
this Act;
(xiv) "public purpose" includes any purpose which is
useful to the public or any class or section of the
public and the requirement of land reserved or
designated in a plan, project or scheme or for any
other purpose under this Act;
(xv) "reconstituted plot" means a plot which is in any
way altered by the making of a land pooling
scheme;
Explanation.- For the purpose of thisclause
"altered" includes the alteration of ownership of a
plot;
(xvi) "scheme" means a land pooling scheme; and
(xvii) 'sub- division” means division of a parcel or piece
of land into two or more parts.
(2) Words and expressions used in this Act, but not defined
herein, shall have the same meanings as assigned to them in the
Rajasthan Urban Improvement Act, 1959 (Rajasthan Act No. 35 of
1959), the Rajasthan Municipalities Act, 2009 (Rajasthan Act No.
18 of 2009), Jaipur Development Authority Act, 1982 (Act No. 25
of 1982), the J odhpur Development Authority Act, 2009 (Act No.
2 of 2009) and Ajmer Development Authority Act, 2013 (Act No.
39 of 2013).
CHAPTER 2
Land Pooling Scheme
3. Preparation of Land Pooling Seheme.— Subject to the
provisions of this Act or any other law for the time being in force,
the appropriate authority may make one or more land pooling
schemes for the area under its jurisdiction or any other area as may
be notified by the State Government:
Provided that the State Government may in this behalf
direct any appropriate authority by specific or general order to
55
~ mJr-l:f?T, "\iff 29, 2018
make land pooling scheme for any area in the State:
Provided further that where any land pooling scheme is not
made for any specific area adjacent to any land pooling scheme,
the owners of the lands of such area may make a request to the
appropriate authority to make a land poling scheme for such area.
4. Power of appropriate authority to declare its intention
to make scheme.- (1) Before making any land pooling scheme
under the provisions of this Act in respect of any area, the
appropriate authority in consultation with the Chief Town Planner
may, by resolution, declare its intention to make such a scheme in
respect of such area.
(2) Within twenty one days from the date of such declaration
(hereinafter referred to as the declaration of intention to make a
scheme), the appropriate authority shall publish it in the prescribed
manner and shall submit a copy thereof along with a plan showing
the area which it proposes to include in the land pooling scheme to
the State Government.
(3) A copy of the plan submitted to the State Government under
sub-section (2) shall be oper, to the inspection of the public during
office hours at the office of the appropriate authority
5. Power of the State Government to require the
appropriate authority to make scheme> (1) Notwithstanding
anything contained in this Act, the State Government may, in
respect of any appropriate authority, after making such enquiry, as
it deems necessary, direct that appropriate authority to make and
submit for its sanction a draft scheme in respect of any area in
regard to which a scheme may be made after a notice regarding its
making has been duly published in the prescribed manner.
(2) If the appropriate authority fails to make the declaration
of intention to make a scheme within sixty days from the date of
direction made under sub-section (1), the State Government may,
by notification in the Official Gazette, appoint an officer to make
and submit the draft scheme for the area to the State Government
after a notice regarding its making has been duly published as
aforesaid and thereupon the provisions of this Act shall, as far as
may be applicable, apply to the making of such a scheme.
6. Contents of land pooling scheme.- (1) The scheme may
make provisions for any or all of the following matters, as the
appropriate authority deems fit, namely:-
(i) the laying out or relaying out of land, either vacant
or already built upon;
9 (56) W W—qfi, GE 29, 2018 am 4 (as)
make land pooling scheme for any area in the State:
Provided further that where any land pooling scheme is not
made for any specific area adjacent to any land pooling scheme,
the owners of the lands of such area may make a request to the
appropriate authority to make a land pooling scheme for such area.
4. Power of appropriate authority to declare its intention
to make scheme.- (1) Before making any land pooling scheme
under the provisions of this Act in respect of any area, the
appropriate authority in consultation with the Chief Town Planner
may, by resolution, declare its intention to make such a scheme in
respect of such area. , '
(2) Within twenty one days from the date of such declaration
(hereinafter referred to as the declaration of intention to make a
scheme), the appropriate authority shall publish it in the prescribed
manner and shall submit a copy thereof along with a plan showing
the area which it proposes to include in the land pooling scheme to
the State Government.
(3) A copy of the plan submitted to the State Government under
sub-section (2) shall be open to the inspection of the public during
office hours at the office of the appropriate authority
5. Power of the State Government to require the
appropriate authority to make scheme.— (1) Notwithstanding
anything contained in «this Act, the State Government may, in
respect of any appropriate authority, after making such enquiry, as
it deems necessary, direct that appropriate authority to make and
submit for its sanction a draft scheme in respect of any area in
regard to which a scheme may be made after a notice regarding its
making has been duly published in the prescribed manner.
(2) If the appropriate authority fails to make the declaration
of intention to make a scheme within sixty days from the date of
direction made under sub-section (1), the State Government may,
by notification in the Official Gazette, appoint an officer to make
and submit the draft scheme for the area to the State Government
after a notice regarding its making has been duly published as
aforesaid and thereupon the provisions of this Act shall, as far as
may be applicable, apply to the making of such a scheme.
6. Contents of land pooling scheme.— ( 1) The scheme may
make provisions for any or all of the following matters, as the
appropriate authority deems fit, namely:-
(i) the laying out or relaying out of land, either vacant
or already built upon;
56
9(57)
(ii) the filling up or reclamation of low-lying, swampy
or unhealthy areas, or levelling up of land;
(iii) layout of new streets or roads, construction,
diversion, extension, alteration, improvement and
closing up of streets and roads; and
communi. itions;
(iv) the .constructions, alteration and removal of
buildings, bridges and other structures;
(v) the allotment or earmarking of land for roads, open
spaces, gardens, recreation grounds, schools,
markets, industrial and commercial activities,
green belts, dairies, transport facilities and public
purposes of all kinds;
(vi) drainage inclusive of sewerage, surface or sub-soil
drainage and sewerage disposal;
(vii) lighting;
(viii) water supply;
(ix) the preservation and protection of, objects of
historical or national interest or natural beauty, and
of buildings actually used for religious purposes;
(x) the earmarking of land for the purpose of providing
affordable housing for such class of people as may'
be determined by the State Government; . .
(xi) (a) the allocation of land from the total area covered
under the scheme at least to the extent of -
(i) fifteen percent for parks, playgrounds, garden
and open spaces and social infrastructure such
as schools, dispensary, fire brigade,
community facilities, and public utility;
(ii) fifteen percent for roads; and
(iii) fifteen percent for sale by appropriate
authority for residential, commercial or
industrial use depending on the' nature of
development including minimum 5% for
Economically Weaker Sections and Lower
Income Group housing:
Provided that the percentage of the allocation of
land may be altered depending upon the nature of
development and for the reasons to be recorded III .
writing;
‘TFT 4 (25) W ”WET—W31, an 29, 2012;, 9(57)
(ii) the filling up or reclamation of low-lying, swampy
or unhealthy areas, or levelling up of land;
(iii) layout of new streets or roads, construction,
diversion, extension, alteration, improvement and
closing up of streets and roads,- and
communi . itions;
(iv) the _constructions, alteration and removal of
buildings, bridges and other structures;
(v) the allotment or earmarking of land for roads, open
spaces, gardens, recreation grounds, schools,
markets, industrial and commercial activities,
green belts, dairies, transport facilities and public
purposes of all kinds; .
(vi) drainage inclusive of sewerage, surface or sub-soil
drainage and sewerage disposal;
(vii) lighting;
(viii) water supply;
(ix) the preservation and protection of objects of
historical or national interest or natural beauty , and
_ of buildings actually used for religious purposes;
(x) the earmarking of land for the purpose of providing
affordable housing for such class of people as may-
be determined by the State Government; ‘
(xi) (a) the allocation of land from the total area covered
under the scheme at least to the extent of —
(i) fifteen percent for parks, playgrounds, garden
and open spaces and social infrastructure such
as schools, dispensary, fire brigade,
community facilities, and public utility;
(ii) fifteen percent for roads; and
(iii) fifteen percent for sale by appropriate
authority for residential, commercial or .
industrial use depending on the ' nature of
development including minimum 5% for
Economically Weaker Sections and Lower
Income Group housing:
Provided that the percentage of the allocation of‘
land may be altered depending upon the nature of-
development and for the reasons to be recorded in '
writing;
57
(b) the proceeds from the sale of land referred to in
part (iii) of sub-clause (a) shall be used for the
purpose of providing infrastructure facilities;
the . imposition of conditions and restrictions in
regard to the open space to be maintained around
buildings, the percentage of building area for a
plot, the number, size, height and character of
buildings allowed in specified areas, the sub-
division of plots, the discontinuance of
objectionable uses of land or buildings in any area
in specified periods, parking spaces and loading
and unloading spaces for any building and
advertisement signs;
the suspension, so far as may be necessary, for
proper carrying out of the scheme, of any rule,
bye-law, regulation, notification or order made or
issued under any Act of the State Legislature or
any of the Acts which the State Legislature is
competentto amend:
Pr-ovided that any suspension under this
clause shall cease to operate in the event of the State
Government refusing to sanction the preliminary
scheme or in the event of withdrawal of scheme,
under section 28 or on the coming into force of the
final scheme;
protection of the natural disaster or hazard prone
areas;
such other matters not inconsistent with the objects
of this Act, as may be prescribed.
(2) A draft scheme shall contain the following particulars, so
far as may be necessary, namely»
(i) the area, ownership and tenure of each original
plot;
(ii) the particulars of land allotted or earmarked under
clause (v) of sub-section (1) with a general
indication of the uses to which such land is to be
put and the terms and conditions subject to which
such land is to be put to such uses;
(iii) the extent to which it is proposed .to alter the
boundaries of the original plots;
(xii)
(xiii)
(xiv)
(xv);
5R
9 $8)
(xii)
(xiii)
(xiv)
(XV).
nvfimFrrfia—ua,§fr2a ans anr4 an
(b) the proceeds from the sale of land referred to in
part (iii) of sub-clause (a) shall be used for the
purpose of providing infrastructure facilities;
the imposition of conditions and restrictions in
regard to the open space to be maintained around
buildings, the percentage of building area for a
plot, the number, size, height and character of
buildings allowed in specified areas, the sub-
division of plots, the discontinuance of
objectionable uses of land or buildings in any area
in specified periods, parking spaces and loading
and unloading spaces for any building and
advertisement signs;
the suspension, so far as may be necessary, for
proper carrying out of the scheme, of any rule,
bye-law, regulation, notification or order made or
issued under any Act of the State Legislature or
any of the Acts which the State Legislature is
competent'to amend: .
, Provided that any suspension under this
clause shall cease to operate in the event of the State
Government refusing to sanction the preliminary
scheme or in the event of withdrawal of scheme,
under section 28 or on the coming into force of the
final scheme;
protection of the natural disaster or hazard prone
areas; ’ .
such other matters not inconsistent with the objects
of this Act, as may be prescribed.
(2) A draft scheme shall contain the following particulars, so
far as may be necessary, namely:-
0)
the area, ownership and tenure of each original
plot; .
(ii) i the particulars of land allotted or earmarked under
clause '(v) of sub-section (1) with a general
indication of the uses to which such land is to be
put and the terms and conditions subject to which
such land is to be put to such uses;
(iii) the extent to which it is proposed -to alter the
boundaries of the original plots;
58
~ Xf\jf-lBr, ~ 29, 2018 9(59)
(iv) an estimate of the total cost of the scheine and the
net cost to be borne by the appropriate authority;
(v) a full description of all the details of the scheme
under sub-section (1) as may be applicable;
(vi) the laying out or re-laying out ofland either vacant
or already built upon including areas of
comprehensive development;
(vii) the filling up or reclamation of low-lying, swampy
or nhealthy reas or levelling up of land; and
(viii) any other pc...'"t~culars,as may be prescribed.
7. Preparation and pubhcatlon of draft scheme.- (1) Not
later than nine months from the date of declaration of intention, the
appropriate authority shall, with the prior consent of the local
authority in whose jurisdiction the land under the proposed scheme
falls, make a draft scheme for the area in respect of which the
declaration was made and publish the same in the Official Gazette
along with the draft regulations in the manner as may be prescribed
and shall also publish a public notice stating that the draft scheme
in respect of such area has been made and at what place and time a
copy thereof shall be available for inspection by public and shall
also state that copies thereof or any extract there from certified to
be correct, shall be available for sale to the public at a reasonable
pnce:
Provided that the State Government may, on application
made by the appropriate authority from time to time, by
notification in the Official Gazette, extend the period specified in
this sub-section by such period not exceeding three months as may
be specified in the notification.
(2) The local authority shall give its consent under sub-
section (1) within the one month and if such consent is not given
within this period, the appropriate authority shall presume that the
local authority has no objection to the provisions of the draft
scheme:
Provided that where the local authority conveys its refusal to
give consent to the draft scheme within the prescribed period or
where there is a difference of opinion between the appropriate
authority and the local authority with regard to the draft scheme,
the matter shall be referred by the appropriate authority to the State
am 4 (a?) W ”rm—Ira, GE! 29, 2018 ‘ 9(59)
(iv) an estimate of the total cost of the scheme and the
net cost to be borne by the appropriate authority; ‘
(v) a full description of all the details of the scheme
under sub-section (1) as may be applicable;
(vi) the laying out or re-laying out of land either vacant
or already built upon including areas of
comprehensive development ;
(vii) the fiiling up or reclamation of low-lying, swampy
0r unheaitiiy areas or levelling up of land; and
(viii) any ether patieniars, as may be prescribed.
7. Preparation and pnbiicatirm of draft scheme.- (1) Not
later than nine months from the date of declaration of intention, the
appropriate authority shall, with the prior consent of the local
authority in whose jurisdiction the land under the proposed scheme
falls, make a draft scheme for the area in respect of which the
declaration was made and publish the same in the Official Gazette
along with the draft regulations in the manner as may be prescribed
and shall also publish a public notice stating that the draft scheme
in respect of such area has been made and at what place and time a
copy thereof shall be available for inspection by public and shall
also state that copies thereof or any extract there from certified to
be correct, shall be available for sale to the public at a reasonable
price:
Provided that the State Government may, on application
made by the appropriate authority from time to time, by
notification in the Oflicial Gazette, extend the period specified in,
this sub-section by such period not exceeding three months as may
be specified in the notification.
(2) The local authority shall give its consent under sub-
section (1) within the one month and if such consent is not given
within this period, the appropriate authority shall presume that the
local authority has no objection to the provisions of the draft
scheme: ‘ '
Provided that where the local authority conveys its refusal to
give consent to the draft scheme within the prescribed period or
where there is a difference of opinion between the appropriate
authority and the local authority with regard to the draft scheme,
the matter shall be referred by the appropriate authority to the State
59
~ Xl\i1--q?f, "\if'! 29, 2018
Government for decision and the decision of the State Government
shall be final.
(3) If the appropriate authority fails to make a draft scheme
and publish a notice regarding its making within the period
specified in sub-section (1), the' declaration shall lapse, but any
such lapse of the declaration shall not debar the a~ropriate
authority from making a fresh declaration at any time in respect of
the same area.
(4) If the draft scheme is not made and published by the
appropriate authority within the period specified in sub-section (1)
or within the period extended under the proviso to that sub-section,
an official appointed by the State Government may make and
publish in the Official Gazette, a draft scheme for the area in
respect of which the declaration of intension to make a scheme has
been made within a period of nine months from the date of the
expiry of the aforesaid period, or the extended period, as the case
maybe. .
8. Objections to Draft Scheme to be considered.- If,
within one month from the date of publication of a draft scheme,
any person affected by such scheme communicates in writing to
the appropriate authority any objections relating to such scheme,
the appropriate authority shall consider such objections and may at
any time before submitting the draft scheme to the State
Government as hereinafter provided modify such scheme as it
thinks fit.
9. Reconstitution of plots.- (1) In the draft scheme referred
to in sub-section (2) of section 6, the size and shape of every plot
shall be determined, so far as may be, to render it suitable for
building purposes, and where a plot is already built upon, to ensure
that the building, as far as possible complies with the provisions of
the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft scheme may
contain proposals-
(i) to form a final plot by the reconstitution of an
original plot by alteration of its boundaries, if
necessary;
(ii) to form a final plot from an original plot by the
transfer wholly or partly the adjoining lands;
(iii) to provide, with the consent of the owners, that
two or more original plots each of which is held
9 (60) W WET—WEI, GE 29, 2018 am 4 (a)
Government for decision and the decision of the State Government
shall be final. '
(3) If the appropriate authority fails to make a draft scheme
and publish a notice regarding its making within the period
specified in sub-section (1), the" declaration shall lapse, but any
such lapse of the declaration shall not debar the appropriate
authority from making a fresh declaration at any time in respect of
the same area.
(4) If the draft scheme is not made and published by the
appropriate authority within the period specified in sub-section (1)
or within the period extended under the proviso to that sub-section,
an dfficial appointed by the State Government may make and
publish in the Official Gazette, a draft scheme for the area in
respect of which the declaration of intension to make a scheme has
been made within a period of nine months from the date of the
expiry of the aforesaid period, or the extended period, as the case
may be. .
8. Objections to Draft Scheme to be considered.— If,
within one month from the date of publication of a draft scheme,
any person affected by such scheme communicates in writing to
the appropriate authority any objections relating to such scheme,
the appropriate authority shall consider such objections and may at
any time before submitting the draft scheme to the State
Government as hereinafter provided modify such scheme as it
thinks fit. .
9. Reconstitution of plots.- (1) In the draft scheme referred
to in sub-section (2) of section 6, the size and shape of every plot
shall be determined, so far as may be, to render it suitable for
building purposes, and where a plot is already built upon, to ensure
that the building, as far as possible complies with the provisions of
the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft scheme may
- contain proposals- -
(i) to form a final plot by the reconstitution of an
' original plot by alteration of its boundaries, if
necessary;
(ii) to form a final plot from an original plot by the
transfer wholly or partly the adjoining lands;
(iii) to provide, with the consent of the owners, that
two or more original plots each of which is held
60
in ownership in severally or in joint ownership,
shall hereafter, with or without alteration of
boundaries, be held in ownership in common as a
reconstituted plot;
(iv) to allot a final plot to any owner dispossessed of
land in furtherance of scheme; and
(v) to transfer the ownership of an original plot from
one person to another.
(3) Where under clause (xii) of sub-section (1) of section 6,
purpose to which buildings or, specified areas may not be
appropriated or uses have been specified, the buildings shall cease
to be used for a purpose other than the purposes specified' in the
scheme within such time as may be specified in the final scheme
and the person affected' by the provision shall be entitled to
compensation from the Appropriate Authority in the manner and
according to the method as may be prescribed:
Provided that in ascertaining such compensation the time
within which the person affected was permitted to change the use
shall be taken into consideration.
10. Power of State Government to sanction draft
scheme.- (1) The appropriate authority shall, not later than three
months from the date of publication of the draft scheme under
section 7, submit the same with any modifications which it may
have made therein together with a copy of objections received by it
to the State Government for sanction.
The State Government may, within three months from
the date of its receipt, by notification, sanction such scheme with
or without modifications or subject to such conditions as it may
think fit to impose or refuse to sanction it. However, the State
Government may, if deem fit, by notification in the Official
Gazette, return the scheme to the appropriate authority to carry out
such modifications as may be directed, including the direction to
include or exclude any land in question in the scheme. The
appropriate authority shall comply with the directions of the State
Government and shall, after following the procedure laid down in
section 7, submit the scheme within the specified time limit to the
State Government.
If the State Government sanctions such scheme, it shall
in such notification state at what place and time the draft scheme
be open for the inspection of the public and also state that copies of
such scheme on application shall be available for sale. .
WT 4 (a?) W met—w, GE 29', 2018 ‘ 9(61)
in ownership in severally or in joint ownership,
shall hereafter, with or without alteration of
boundaries, be held in ownership in common as a
reconstituted plot;
(iv) to allot a final plot to any owner dispossessed of
land in furtherance of scheme; and
(v) to transfer the ownership of an original plot from
one person to another.
(3) Where under clause (xii) of sub-section (1) of section 6,
purpose to which buildings or specified areas may not be
appropriated or uses have been specified, the buildings shall cease
to be used for a purpose other than the purposes specified in the
scheme within such time as may be specified in the final scheme
and the person affected ’by the provision shall be entitled to
compensation from the Appropriate Authority in the manner and
according to the method as may be prescribed:
Provided that in ascertaining such compensation the time
within which the person affected was permitted to change the use
shall be taken into consideration.
10. Power' of State Government to sanction draft
scheme.- (1) The appropriate authority shall, not later than three
months from the date of publication of the draft scheme under
section 7, submit the same with any modifications which it may
have made therein together with a copy of objections received by it
to the State Government for sanction.
The State Government may, within three months from
the date of its receipt, by notification, sanction such scheme with
or without modifications or subject to such conditions as it may
think fit to impose or refuse to sanction it. However, the State
Government may, if deem fit, by notification in the Official
Gazette, return the scheme to the appropriate authority to carry out
such modifications as may be directed, including the direction to
include or exclude any land in question in the scheme. The
appropriate authority shall comply with the directions of the State
Government and shall, after following the procedure laid down in
section 7, submit the scheme within the specified time limit to the
State Government.
. If the State Government sanctions such scheme, it shall
in such notification state at what place and time the draft scheme
be open for the inspection of the public and also state that copies of
such scheme on application shall be available for sale.
61
11. Vesting of land in appropriate authority.- (1) Where
a draft scheme has been sanctioned by the State Government under
sub-section (2) of section 10, (hereinafter in this section, referred
to as 'the sanctioned draft scheme'), all lands required by the
appropriate authority for the purposes specified in clauses (iii),
(vi), (vii) or (viii) of sub-section (1) of section 6 shall vest
absolutely in the appropriate authority free from all encumbrances.
Nothing in sub-section (1) shall affect any right of the
owner of the land vesting in the appropriate authority under that
sub-section.
The provisions of sections 31 and 32 shall mutatis mutandis
apply to the sanctioned draft scheme as if the sanctioned draft
scheme were a preliminary scheme.
12. Power of State Government to suspend rules, bye-
laws etc.- (1) Where the appropriate authority has published a
declaration under section 4, the State Covemment may, on an
application of the appropriate authority, by order published in the
Official Gazette, suspend to such extent as may be necessary for
the proper carrying out of the scheme, any rule, bye- law, .
regulation, notification or order made or issued under any law
which the State Legislature is competent to make or amend.
Any order issued under sub-section (1) shall cease to operate
in' the event of the State Government refusing to sanction the
scheme or in the event of the withdrawal of the scheme under
section 28 or in the event of coming into force of the final scheme
or in the event of the declaration lapsing under sub-section (3) of
section 7.
13. Disputed ownership.- (1) Where there is a disputed
claim as to the ownership of any piece of land included in an area
in respect of which a declaration of intention to make a scheme has
been made and any entry in the record of rights or mutation
register relevant to such disputed claim is inaccurate or
inconclusive, an enquiry may be held on an application being made
by the appropriate authority or the Land Pooling Officer at any
time prior to the date on which the Land Pooling Officer draws up
the preliminary scheme under section 22 by such officer as the
State Government may appoint for the purpose of deciding as to
who shall be deemed to be owner for the purposes of this Act.
9 (62) V W rim—W, F131 29, 2018 ' arm 4 (25)
ll. Vesting of land in appropriate authority.- (1) Where
a draft scheme has been sanctioned by the State Government under
sub-section (2) of section 10, (hereinafter in this section, referred
to as ‘the sanctioned draft scheme’), all lands required by the
appropriate authority for the purposes specified in clauses (iii),
(vi), (vii) or (viii) of sub-section (1) of section 6 shall vest
absolutely in the appropriate authority free from all encumbrances.
Nothing in sub-section (1) shall affect any right of the
owner of the land vesting in the appropriate authority under that
sub-section. '
The provisions of sections 31 and 32 shall mutatis mutandis
apply to the sanctioned draft scheme as if the sanctioned draft
scheme were a preliminary scheme.
12. Power of State Government to suspend rules, bye-
laws etc.- (1) Where the appropriate authority has published a
declaration under section 4, the State Government may, on an
application of the appropriate authority, by order published in the
OffiCial Gazette, suspend to such extent as may be necessary for
the proper carrying out of the scheme, any rule, bye- law,’
regulation, notification or order made or issued under any law
which the State Legislature is competent to make or amend.
Any order issued under sub-section (1) shall cease to operate
in' the event of the State Government refusing to sanction the
scheme or in the event of the withdrawal of the scheme under
section 28 or in the event of coming into force of the final scheme
or in the event of the declaration lapsing under sub-section (3) of
section 7.
13. Disputed ownership.- (1) Where there is a disputed
claim as to the ownership of any piece of land included in an area
in respect of which a declaration of intention to make a scheme has
been made and any entry in the record of rights or mutation
register relevant to such disputed claim is inaccurate or
inconclusive, an enquiry may be held on an application being made
by the appropriate authority or the Land Pooling Officer at any
time prior to the date on which the Land Pooling Officer draws up
I the preliminary scheme under section 22 by such officer as the
State Government may appoint for the purpose of deciding as to
who shall be deemed to be owner for the purposes of this Act.
62
1f1Tf 4 (cp) ~ XT"\Jl-l1?T,~ ·29, 2018 9 (63}
(2) The decision under sub-section (1) shall not be subject to
appeal but it shall not operate as a bar to a regular suit in a civil
court.
(3) The decision under sub-section (1) shall, in the event of
a civil court passing a decree which is inconsistent therewith, be
corrected, modified or rescinded in accordance with such decree as
soon as practicable after such decree has been brought to the notice
of the appropriate authority either by the civil court or by a person
affected by such decree.
(4) Where a decree of civil court referred to in sub-section
(3) is passed after final scheme has been sanctioned by the State
Government, the final scheme shall. be deemed to have been
suitably modified by reason of such decree.
CHAPTER 3
Control of Development and Use of Land
14.' Restrictions on development after publication of
declaration of intention of land pooling scheme.- (1) On or after
the date on which a declaration of intention of land pooling scheme
is published in the Official Gazette under section 4 in respect to
any area, no person shall carry out any development in any
building or in or over any land, within the limits of the said area
without the permission in writing of the appropriate authority and
without obtaining certificate from it to the effect that development
charge, scrutiny fees or any other fee leviable under this Act has
been paid or that no such charge is leviable:
Provided that no such permission shall he necessary for the
carrying out of - .
(a) any operational construction undertaken by the
Central Government or a State Government;
(b) any work for the purpose of inspecting, repairing
or renewing any drains, sewers, mains, pipes,
cables, telephone or other apparatus or the
breaking open of any street or other land for such
purpose.
(2) The restrictions imposed by this section shall cease to
,operate in the event of the State Government refusing to sanction
the draft scheme or preliminary scheme or the final scheme OI in
the event ofthe withdrawal of the scheme under section 28.
63.
qTI'JT 4 (E) W WEI—TS, GET 29, 2018 ‘ 9(63)‘
(2) The decision under sub- section (1) shall not be subject to
appeal but it shall not operate as a bar to a regular suit in a civil
court.
(3) The decision under sub—section (1) shall, in the event of
a civil court passing a decree which is inconsistent therewith, be
corrected, modified or rescinded in accordance with such decree as
soOn as practicable after such decree has been brought to the notice
of the appropriate authority either by the civil court or by a person
affected by such decree.
(4) Where a decree of civil court referred to in sub- section
(3) is passed after final scheme has been sanctioned by the State
Government, the final scheme shall _ be deemed to have been
suitably modified by reason of such decree.
CHAPTER 3
Control of Development and Use of Land
14.5 Restrictions on development after publication of
declaration of intention of land pooling scheme.- (1) On or after
the date on which a declaration of intention of land pooling scheme
is published in the Oflicial Gazette under section 4 in respect to
any area, no person shall carry out any development in any
building or in or over any land, within the limits of the said area
without the permission in writing of the appropriate authority and
without obtaining certificate from it to the effect that development
charge, scrutiny fees or any other fee leviable under this Act has
been paid or that no such charge is leviable:
Provided that no such permission shall be necessary for the
carrying out of -
(a) any operational construction undertaken by the
Central Government or a State Government;
(b) any work for the purpose of inspecting, repairing
or renewing any drains, sewers, mains, pipes,
cables, telephone or other apparatus or the
breaking open of any street or other land for such
purpose. ~
(2) The restrictions imposed by this section shall cease to
operate in the event of the State Government refusing to sanction
the draft scheme or preliminary sCheme or the final scheme or in
the event of the withdrawal of the scheme under section 28.
63.
9 (64) ~ XT\Jf--q?j", "\if'! 29, 2018 ~ 4 ("Cl»
(3) Any diminution in the value of an original plot
occasioned by any contravention of the provisions of sub-section
(1) of this section or any condition imposed under clause (ii) of
sub-section (3) of section 15 shall, notwithstanding anything
contained in this Act with regard to cost of scheme, calculation of
increment and contribution towards cost of scheme be taken into
account in fixing the market value of such plot.
(4) No person shall be entitled to compensation in respect of
any damage, loss or injury resulting from any action taken by the
appropriate authority under sub-section (1) of section 33 except in
respect of a building or work begun or contract entered into before
the date on which a declaration of intention to make a scheme is
published under section 4 or the publication of the draft scheme
under sub-section (1) of section 7:
Provided that where any person is entitled to any
compensation in respect of any building or work under this sub-
section, he shall be so entitled only in so far as such building or
work has proceeded at the time of the declaration of intention or
publication, as the case may be, and subject to the conditions of
any agreement entered into between such person and the
appropriate authority.
(5) On and after the date referred to in sub-section (1), the
appropriate authority intending to carry out development of land,
within (he area included in the scheme, for its own purpose in
exercise of its powers under any law for the time being in force
shall 'carry out such development in conformity with the provisions
of such scheme, and of the bye-laws and regulations relating to
construction of buildings.
15. Application of permission for development.- (1) Any
person, intending to carry' out any development in any building or
in or over any land after the publication of intention of land
pooling scheme shall make an application in writing to the
appropriate authority for permission for such development in such
form and containing such particulars and accompanied by such
documents as may be prescribed.
(2) Every application under sub-section (1) shall be
accompanied by such fee as may be prescribed.
(3) On an application having been duly made under sub-
section (1) and on payment of the development charge or
betterment charges or any other charges, if any, as may be
9 (64) W W—W, GE! 29, 2018 WT 4 (as)
(3) Any diminution in the value of an original plot
occasioned by any contravention of the provisions of sub-section
(1) of this section or any condition imposed under clause (ii) of
sub-section (3) of section 15 shall, notwithstanding anything
contained in this Act with regard to cost of scheme, calculation of
increment and contribution towards cost of scheme be taken into
account in fixing the market value of such plot.
(4) No person shall be entitled to compensation in respect of
any damage, loss or injury resulting from any action taken by the
appropriate authority under sub—section (1) of section 33 except in
respect of a building or work begun or contract entered into before
the date on which a declaration of intention to make a scheme is
published under section 4 or the publication of the draft scheme
under sub-section (1) of section 7: '
Provided that where any person is entitled to any
compensation in respect of any building or work under this sub-
section, he shall be so entitled only in so far as such building or
work has proceeded at the time of the declaration of intention or
publication, as the case may be, and subject to the conditions of
any agreement entered into between such person and the
appropriate authority.
(5) On and after the date referred to in sub-section (1), the
appropriate authority intending to carry out development of land,
within the area included in the scheme, for its own purpose in
exercise of its powers under any law for the time being in force
shall “carry out such development in conformity with the provisions
of such scheme, and of the bye-laws and regulations relating to
construction of buildings.
15. Application of permission for development.- (1) Any
person, intending to carryout any development in any building or
in or over any land after the publication of intention of land
pooling scheme shall make an application in writing to the
appropriate authority for permission for such development in such
form and containing such particulars and accompanied by such
documents as may be prescribed.
(2) Every application under sub-section (1) shall be
accompanied by such fee as may be prescribed.
(3) On an application having been duly made under sub-
section (1) and on payment of the development charge or
betterment charges or any other charges, if any, as may be
64
'+WI 4 (Cf») ~ Xl\il-1BT, ~-Q.-_2~9,,--2_0_1_8 __ --"-9-'-'(6--'-L5 r
assessed, the appropriate authority with the approval of the Land
Pooling Officer appointed under section 21 may-
(i) pass an order-
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions
.as it .,ay think necessary to impose; or _
(c) refusing permission;
(ii) without prejudice to the generality of clause (a)
impose conditions- ,
(a) to the effect that the permission granted is only
for a specified period and aftes the expiry of
that period, the land shall be restored to its
previous condition or the use of the land so
permitted shali be discontinued; or
(b) for regulating the development or use of any
land under control of the applicant or for the
carrying out of works on any such land as may
appear to the appropriate authority expeaient.
(4) The appropriate authority in considering the application
for permission shall ensure that it is in conformity with the
provisions of the land pooling scheme prepared or under
preparation under this Act and where the development or apy
modification is likely in the opinion of the appropriate authority to.
interfere with the operation of the land pooling scheme or to be
prejudicial to planned development, or any plan of the local
authority, the appropriate authority may refuse such permission.
(5) Where permission is granted subject to conditions or is
refused, the grounds of imposing such conditions or such refusal
shall be recorded in the order and such' order shall be
communicated to the applicant in the prescribed manner.
(6) If the appropriate authority does not communicate to
grant or refuse permission t6 the applicant within sixty days from
the date of receipt of his application or.within sixty days from the
date of reply from the applicant in respect of any requisition made
by the appropriate authority, whichever is later, such permission
shall be deemed to have been granted to the applicant on the date
immediately following the date of expiry of the aforesaid period.
16. Power to revoke or modify permission to develop>
(1) If it appears to the appropriate authority that it is necessary or
expedient having regard to the land pooling scheme. prepared or .
under preparation and to,any other material.consideration, that any
am 4 (as) . W "am—ta, an 29, 2018 9(65)‘
assessed, the appropriate authority with the approval of the Land
Pooling Officer appointed under sectiOn 21 may-
(i) pass an order-
(a) granting permission unconditionally; or '
(b) granting permission subject to such conditions
as it my think necessary to impose; or _
(c) refusing permission,
(ii) without prejudice to the generality of clause (a)
impose conditions-
(a) to the effect that the permission granted is only
for a specified period and after the expiry of
that period, the land shall be restored to its
previous condition or the use of the land so
permitted shall be discontinued; or
(b) for regulating the development or use of any
land under control of the applicant or for the
carrying out of- works on any such land as may
appear to the appropriate authority expedient.
(4) The appropriate authority in considering the application
for permission shall ensure that it is in conformity with the
provisions of the land pooling scheme prepared or under
preparation under this Act and where the development or any
modification is likely in the opinion of the appropriate authority to,
interfere with the operation of the land pooling scheme or to be
prejudicial to planned development, or any plan of the local
authority, the appropriate authority may refuse such permission.
(5) Where permission is granted subject to conditions or is
refused, the grounds of imposing such conditions or such refusal
shall be recorded in the order and such‘_ order shall be
communicated to the applicant in the prescribed manner.
(6) If the appropriate authority does not communicate to
grant or refuse permission to the applicant within sixty days from
the date of receipt of his application or, within sixty days from the
date of reply from the applicant in respect of any requiSition made
by the appropriate authority, whichever is later, such permission
shall be deemed to have been granted to the applicant on the date
immediately follOwing the date of expiry of the aforesaid period.
16. Power to revoke or modify permission to develop.-
(1) If it appears to the appropriate authority that it is necessary or
expedient, having regard to the land pooling s'cheme, prepared or '
under preparation and tq any other material consideration, that any
65'
permission granted under this Act should be revoked or modified,
it may, after giving a reasonable opportunity of being heard to' the
person in whose favour the .permission has been granted, by an
order revoke or modify the permission to such extent as appears it
to be necessary.
(2) When permission is revoked or modified by an order
made under sub-section (1), the owner may, within such time and
in such manner, as may be prescribed, claim compensation for the
expenditure incurred in carrying out any work in accordance with
such permission and which has been rendered abortive by the
revocation or modification of permission ..
(3) Where a claim under sub-section (2) is received by the
appropriate authority, it shall, after giving the owner reasonable
opportunity of being heard, assess the amount of compensation and
offer it to the owner.
(4) If the owner does not accept the compensation offered
under sub-section(3), and gives notice, within such time
as may be prescribed, of such' refusal, the appropriate authority
shall refer the matter for the adjudication to such authority as may
be prescribed and the decision of the such authority shall be final
and binding on the owner and the appropriate authority.
17. Penalty for unauthorized development or for use
otherwise than in conformity with land pooling scheme.- Any
person who, either by himself or at the instance of any other
person, commences, undertakes or carries out development of, or
changes the use of, any land -
(i) in contravention of any land pooling scheme; or
(ii) without paying development charge or betterment
charge under section 15; or
(iii) without the permission as required under section 15;
or
(iv) in contravention of any condition subject to which
such permission has been granted; or
(v) after the permission for development has been
revoked under section 16; or
(vi) in contravention of the permission which has been
modified under section 16,
shall be punishable with imprisonment of either description for a
term which may extend to three years or with fme which may
extend to ten thousand rupees or with both, and in the case of
continuing offence with a further fine which may extend to one
; 66
9 (66) W arm—1131, T551 29, 2018 WW 4 (as)
permission granted under this Act should be revoked or modified,
it may, after giving a reasonable opportunity of being heard to the
person in whose favour the permission has been granted, by an
order revoke or modify the permission to such extent as appears it '
to be necessary.
(2) When permission is revoked or modified by an order
made under sub—section (1), the owner may, within such time and
in such manner, as may be prescribed, claim compensation for the
expenditure incurred in carrying out any work in accordance with
such permission and which has been rendered abortive by the
revocation or modification of permission. '
(3) Where a claim under sub-section (2) is received by the
appropriate authority, it shall, after giving the owner reasonable
opportunity of being heard, assess the amount of compensation and
offer it to the owner. .
(4) If the owner does not accept the compensation offered
under sub-sectionl(3), and gives notice, within such time
as may be prescribed, of such' refusal, the appropriate authority
shall refer the matter for the adjudication to such authority as may
be prescribed and the decision of the such authority shall be final
and binding on the owner and the appropriate authority. 1
17. Penalty for unauthorized development or for use
otherwise than in conformity with land pooling scheme.- Any
person who, either by himself or at the instance of any other
person, commences, undertakes or carries dut development of, or
changes the use of, any land -
(i) in contravention of any land pooling scheme; or
(ii) without paying development charge or betterment
charge under section 15, or
' (iii) without the permission as required under section 15;
or
(iv) in contravention of any condition subject to which
such permission has been granted; or
(v) after the permission for development has been
revoked under section 16; or
(vi) in contravention of the permission which has been
modified under section 16,
shall be punishable with imprisonment of either description for a
term which may extend to three years or with fine which may
extend to ten thousand rupees or with both, and in the case of
continuing offence with a further fine which may extend to one
66
9(67)
thousand rupees for every day during which such contravention
continues after conviction for the first such contravention.
18. Power to require removal of unauthorized
development or use.- (l) Where any development of land has
been, or being, carried out in any manner or any building has been
erected or re-erected or any excavation has been made or extended
or any means of access has been laid out to a road in contravention
of the provisions of this Act, the appropriate authority may serve
on the owner a notice being !10l less than one month, as may be
specified therein, requiring him after the service of the notice, to
take such steps, as may be specified in the notice, namely:-
(i) in cases specified in clauses (i), (iii) and (v) of
section 17, to restore the land to its condition
before the said development, erection, re-erection,
excavation or laying out of any means of access to
a road took place;
(ii) in cases specified in clause (iv) and (vi) of section
17, to secure compliance with the conditions or
with permission as modified;
(iii) in cases specified in clause (ii) section 17, to pay
the development charge or betterment charge and
such penalty, if any, as may be prescribed:
Provided that in case the notice requires the discontinuance
of the use of any land, the appropriate authority shall serve a notice
on the occupier also.
(2) In particular, any such notice may, for the purposes of
sub-section (1), require,-
(i) the sealing; demolition or alteration of any building
or works;
(ii) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within such
period and in such manner, as may be prescribed,-
(i) apply for permission under section 15 for the
retention on the land of any building or works or
for the continuance of any use of the land, to which
the notice relates; or .
(ii) appeal to the State Government.
(4) (i) The notice shall be of no effect pending the final
disposal or withdrawal of the application or the appeal.
(ii) Where permission is granted on an application
referred to in clause (i) of sub-section (3), the
am 4 (EB) W WEI-W, an 29, 2018 9(67)
thousand rupees for every day during which such contravention
continues after conviction for the first such contravention.
18. Power to require removal of unauthorized
development or use.- (I) Where any development of land has
been, or being, carried out in any manner or any building has been
erected or re-erected or any excavation has been made or extended
or any means of access has been laid out to a road in contravention
of the provisions of this Act, the appropriate authority may serve
on the owner a notice being not less than one month, as may be
specified therein, requiring him after the service of the notice, to
take such steps, as may be specified in the notice, namely: -
(i) in cases specified in clauses (i), (iii) and (v) of
section 17, to restore the land to its condition
before the said development, erection, re-erection,
excavation or laying out of any means of access to
a road took place;
(ii) in cases specified in clause (iv) and (vi) of section
17, to secure compliance with the conditions or
with permission as modified;
(iii) in cases specified in clause (ii) section 17, to pay
the development charge or betterment charge and
such penalty, if any, as may be prescribed:
Provided that in case the notice requires the discontinuance
of the use of any land, the appropriate authority shall serve a notice
on the occupier also.
(2) In particular, any such notice may, for the purposes of
sub-section (1), require,-
(i) the sealing, demolition or alteration of any building
or works;
(ii) the discontinuance of any use of land
(3) Any person aggrieved by such notice may, within such
period and in such manner, as may be prescribed,-
(i) apply for permission under section 15 for the
retention on the land of any building or works or
for the continuance of any use of the land, to which
the notice relates; or .
(ii) appeal to the State Government.
(4) (i) The notice shall be of no effect pending the final
disposal or withdrawal of the application or the appeal.
(ii) Where permission is granted on an application
referred to in clause (i) of sub-section (3), the
67
notice shall not take effect and. where such
permission is granted for the retention only of
some building d; works or for the continuance of
" use of only a-part of the land, such notice shall not
take effect regarding such building or works or
such part .of the land, but shall have full effect
regarding other buildings or works or other parts of
the land.
(5) Where an appeal has been preferred under clause (ii) of
sub-section (3), the State Government may, after affording a
reasonable opportunity to the appellant and the appropriate.
authority of being heard, dismiss the appeal or accept the appeal by
quashing or varying the notice as it may think fit and the decision
of the State Government on the appeal shall be final and shall not
be questioned in any court.
(6) If within the period specified in the notice or within
such period after the disposal or withdrawal of the application for
permission or the appeal under sub-section (3), as the case may be,
the notice or so much of it as continues to have effect, or the notice
with variations made in appeal, is not complied with, the
appropriate authority may-
(i) prosecute the owner for not complying with the
notice and in the case where the notice required the
discontinuance of any use of land, prosecute any
other person also who uses the land or causes or
permits the land to be used in contravention of the
notice; and
(ii) (a) in the case of a notice requiring the demolition or
alteration of any building or other operations, itself
cause the restoration of the land to the condition in
which it was before the development, erection, re-
erection, excavation or laying out any means of
access to a road, as the case may be, took place and
secure the compliance. with the conditions of the
permission or with the permission as modified, by
taking such. steps as the appropriate authority may
consider necessary including demolition or alteration
of any building or works or carrying out of any
building or other operations; and
9&8) - W W—W, GE 29, 2018 ’HT‘T 4 (25)
’ notice shall not take effect and where such
permission is granted for the retention only of
some building 0'; works or for the continuance of
use of only apart of the land, such notice shall not
take effect regarding such building or works or
such part of the land, but shall have full effect
regarding other buildings or works or other parts of
the land.
(5) Where an appeal has been preferred under clause (ii) of
sub-section (3), the State Government may, after affording a
reasonable opportunity to the appellant and the appropriate
authority of being heard, dismiss the appeal or accept the appeal by
quashing or varying the notice as it may think fit and the decision
of the State Government on the appeal shall be final and shall not
be questioned in any court.
(6) If within the period specified in the notice or within
such period after the disposal or withdrawal of the application for
permission or the appeal under sub-section (3), as the case may be,
the notice or so much of it as continues to have effect, or the notice'
with variations made in appeal, is not complied with, the
appropriate authority may:
(i) prosecute the owner for not complying with the
notice and in the case where the notice required the
discontinuance of any use of land, prosecute any
other person also who uses the land or causes or
permits the land to be used in contravention of the
notice; and
(ii) (a) in the case of a notice requiring the demolition or
alteration of any building or other operations, itself
cause the restoration of the land to the condition in
which it was before the development, erection, re-
erection, excavation or laying out any means of
access to a road, as the case may be, took place and
secure the compliance ,with the conditions of the
permission or with the permission as modified, by
‘ taking such steps as the appropriate authority may
consider necessary including demolition or alteration
of any building or works or carrying out of any
building or other operations; and
68
~ XT\if-lBf, "9I.3 29, 2018 9(69)
(b) recover the cost of any expenses incurred by it in
this behalf from the owner as arrears of land
revenue.
(7) Any person prosecuted under clause (i) of sub-section
(6) shall be punishable with imprisonment of either description for
a term which may extend to three years or with fine which may
extend to ten thousand rupees or with both, and in the case of
continuing offence, with fine which may extend to one thousand
rupees for every day during. which such contravention continues
after conviction for the first such contravention.
19. Power to require to discontinue unauthorized
development- (1) Where any development of land has been t
carried out in any manner specified in clauses (i) to (vi) of section
17 or any building has been erected or re-erected or any excavation
has been made or extended or any means of access has been laid to
any road in contravention of the provisions of section 15, but has
not been completed, the appropriate authority may serve on the
owner and the person carrying out the development or the erection
or re-erection of building or making or extending any excavation
or laying out any means of access to a road, a notice requiring him
to discontinue the same from the time of service of such notice.
(2) Where a notice has been served under sub-section (1),
the person aggrieved by such notice may appeal to the State
Government and the provisions of sub-sections (5) and (6) of
section 18 shall apply with such modifications as may be
necessary .
(3) Any person, who continues to carry out the development
of land whether for himself or on behalf of the owner or any other
person, after such notice has been served, shall be punishable with
imprisonment of either description for term which may extend to
three years or with fine which may extend to ten thousand rupees,
and when the non-compliance is continuing one, with a further
fine which may extend to one thousand rupees for every day after
the date of notice during which the non-compliance has continued
or continues.
(4) If a notice under sub-section (1) is not complied
forthwith, the appropriate authority or any officer authorized by it
in this behalf, as the case may be, may seal the property, and
require a police officer to remove such person and other workmen
from the land with his assistance and such police officer shall
comply with such requisition.
'HT‘T 4 (25) W "act—W, GE 29, 2018 9(69)
(b) recover the cost of any expenses incurred by it in
this behalf from the owner as arrears of land
revenue.
(7) Any person prosecuted under clause (i) of sub-section
(6) shall be punishable with imprisonment of either description for
a term 'which may extend to three years or with fine which may
extend to ten thousand rupees or with both, and in the case of
continuing offence, with fine which may extend to one thousand
rupees for every day duringwhich such contravention continues
after conviction for the first such contravention.
19. POWer to require to discontinue unauthorized
development.- (1) Where any development of land has been
carried out in any manner specified in clauses (i) to (vi) of section
17 or any building has been erected or re-erected or any excavation
has been made or extended or any means of. access has been laid to
any road in contravention'of the provisions of section 15, but has
not been completed, the appropriate authority may serve on the
owner and the person carrying out the development or the erection
or re-erection of building or making or extending any excavation
or laying out any means of access to a road, a notice requiring him
to discontinue the same from the time of service of such notice.
(2) Where a notice has been served under sub-section (1),
the person aggrieved by such notice may appeal to the State
Government and the provisions of sub-sections (5) and (6) of
section 18 shall apply with such modifications as may be
necessary.
(3)Any person, who continues to carry out the development
of land whether for himself or on behalf of the owner or any other
person, after such notice has been served, shall be punishable with
imprisonment of either description for term which may extend to
three years or with fine which may extend to ten thousand rupees,
and when the non—compliance is continuing one, with a further
fine which may extend to one thousand rupees for every day afier
the date of notice during which the non-compliance has continued
or continues. ,
(4) If a notice under sub-section (1) is not complied
forthwith, the appropriate authority or any officer authorized by it
in this behalf, as the case may be, may seal the property, and
require a police officer to remove such person and other workmen
from the land with his assistance and such police officer shall
comply with such requisition.
9
69
9 (70)
(5) Where action has been taken by a police officer under
sub-section (4), the appropriate authority or the officer referred to
in that sub-section, shall take necessary steps to ensure that such
development is not continued.
'(~)Any expenses incurred -by the appropriate authority
under sub-section (4) and sub-section (5) shall be paid by the
person at whose instance such development is. being continued or
to whom notice under sub-section (1) was given and shall be
recoverable from such person as arrears of land revenue.
20. Recovery of expenses incurred> Any expenses
incurred by the appropriate authority under section 18 or section 19
shall be a sum due to 'the appropriate authority under this Act from
the person in default or the owner of the land, building or land
concerned.
CHAPTER 4
Final Schemes
21. Appointment of Land Pooling Officer.- (1) Within
one month from the date on which the sanction of the State
Government to a draft scheme is published in the Official Gazette,
the State Government shall where necessary for the purposes of
one or more schemes received by it for sanction, appoint any
official of the State Government, possessing such qualifications, as
may be prescribed, to be a.Land Pooling Officer:
Provided that the' State Government may, on the request
made by appropriate authority appoint a Land Pooling Officer .
within one month from the date of declaration of intention of draft
scheme under section 4.
The' appropriate authority shall render all reasonable
assistance to the Land Pooling Officer and shall allow it to
examine all papers, documents and plan connected with the
scheme ..
The State Government may, if it thinks fit at any time, remove
for incompetence or misconduct or replace for any good or
sufficient reason a Land Pooling Officer appointed under sub-
section (1) and shall forthwith appoint another official to take his
place and any pr~ceeding pending before the Land Pooling Officer
immediately before the date of his removal or replacement shall be
continued and disposed of by the new Land Pooling Officer
appointed in his place:
9 (70) W WET—1151, 6131 29, 2018 1m 4 (as)
(5)Where action has been taken by a police officer under
sub-section (4), the appropriate authority or the officer referred to
in that sub-section, shall take necessary steps to ensure that such
development is not continued.
(6) Any expenses incurred -by the appropriate authority
under sub-section (4) and sub-section (5) shall be paid by the
person at whose instance such development is_ being continued or
to whom notice under sub-section (1) was given and shall be
recoverable from such person as arrears of land revenue.
20. Recovery of expenses incurred.— Any expenses
incurred by the appropriate authority under section 18 or section 19
shall be a sum due to ‘the appropriate authority under this Act from
the person in default or the owner of the land, building or land
concerned. ‘
V CHAPTER 4
Final Schemes
21. Appointment of Land Pooling Officer.- (1) Within
one month from the date on which the sanction of the State
Government to a draft scheme is published in the Official Gazette,
the State Government shall where necessary for the purposes of
one or more schemes received by it for sanction, appoint any
official of the State Government, possessing such qualifications, as
may be prescribed, to be aLand Pooling Officer:
Provided that the' State Government may, on the request
made by appropriate authority appoint a Land Pooling Officer ‘
within one month from the date of declaration of intention of draft
scheme under section 4.
The' appropriate authority shall render all reasonable
assistance to the Land Pooling Officer and shall allow it to
examine all papers, documents and plan connected with the
scheme. .
The State Government may, if it thinks fit at any time, remove
for incompetence or misconduct or replace for any good or
sufficient reason a Land Pooling Officer appointed under sub-
section (1) and shall forthwith appoint another official to take his
place and any pcheeding pending before the Land Pooling Officer
immediately before the date of his removal or replacement shall be
continued and disposed of by the new Land Pooling Officer
appointed in his place: .
70
-,
9(71) .
Provided that no Land Pooling Officer shall be removed
under this sub-section except after an inquiry in which he has been
informed of the charges against him and a reasonable opportunity
of being heard in respect of those charges has been given to him..
Subject to the provisions of sub-section (3), a Land Pooling
Officer appointed under sub-section (1) for the 'purpose of any
scheme shall cease to hold .office with effect from the. date on
which the final scheme is sanctioned.
22. Duties of Land Pooling Officer.- Within a period of
twelve months from the date of his appointment, the Land Pooling
Officer shall, after following the prescribed procedure, split the
land pooling scheme into a preliminary scl-eme and a final scheme:
Provided that the State Government may, by order in
writing, extend the said period by such further period not
exceeding nine months in aggregate and any such order extending
the period may be made so as to have retrospective effect.
23. Contents of preliminary and final scheme.- (1) In a
preliminary scheme, the Land Pooling Officer shall,-
(i) after giving notice in the prescribed manner and in
the prescribed form to the persons affected by the
scheme, define and demarcate the areas allotted to,
or earmarked for, any public purpose, or for a
purpose of the appropriate authority and the final
plots;
(ii) after giving notice as aforesaid, determine in a case
in which a final plot is to be allotted to persons in
ownership in common, the shares of such persons;
(iii) provide for the total or partial transfer of any right
in an original plot to a final plot"or provide for the
transfer of any right in an original plot in
accordance with provisions of section 45;
(iv) determine the period within which the works
provided in the scheme shall be completed by the
appropriate authority.
(2)The Land Pooling Officer shall submit the preliminary
scheme so prepared to the State Government for sanction.
(3) As soon as the State Government sanction the
preliminary scheme, the Land Pooling Officer shall thereafter
am 4 (w) W THE—DIET, GE 29, 2018 9(71) '
Provided that no Land Pooling Officer shall be removed
under this sub—section except after an inquiry in which he has been
informed of the charges against him and a reasonable opportunity
of being heard in respect of those charges has been given to him. .
Subject to the provisions of sub-section (3), a Land Pooling
Officer appointed under sub-section (1) for the purpose of any
scheme shall cease to hold .office with effect from the, date on
which the final scheme is sanctioned.
22. Duties of Land Pooling Officer.- Within a period of
twelve months from the date of his appointment, the Land Pooli'ng
Officer shall, after following the prescribed procedure, split the
land pooling scheme into a preliminary scheme and a final scheme:
Provided that the State Government may, by order in
writing, extend the said period by such further period not
exceeding nine months in aggregate and any such order extending
the period may be made so as to have retrospective effect.
23. Contents of preliminary and final scheme.- (1) In a
preliminary scheme, the Land Pooling Officer shall,-
(i) after giving notice in the prescribed manner and in
the prescribed form to the persons affected by the
scheme, define and demarcate the areas allotted to,
Or earmarked for, any public purpose, or for a
purpose of the appropriate authority and the final
plots;
(ii) after giving notice as aforesaid, determine in a case
in which a final plot is to be allotted to persons in
ownership in common, the shares of such persons;
(iii) provide for the total or partial transfer of any right
in an original plot to a final plot. or provide for the
transfer of any right in an original plot in
. accordance with provisions of section 45; '
(iv) determine the period within which the works
provided in the scheme shall be completed by the
appropriate authority.
('2) The Land Pooling Officer shall submit the preliminary
scheme so prepared to the State Government for sanction.
(3)As soon as the State Government sanction the
preliminary scheme, the Land Pooling Officer shall thereafter
71
9 (72)
prepare and submit to the State Government the final scheme in
accordance with the provisions of sub-section (4).
(4) In the final scheme, the Land Pooling Officer shall, -
(i) fix the difference between the total of the values
of the original plots and the total of the values of
the plots included in the scheme in accordance
with the clause (vi) of sub-section (1) of section
41; ,
(ii) determine whether the areas used, allotted or
earmarked for a public purpose or purposes of the
appropriate authority are beneficial wholly or
partly to the owners or residents within the area of
the scheme; .
(iii) estimate the portion of the .sums 'payable as
compensation on each plot used, allotted or
earmarked for a public purpose or for the purpose
of the appropriate authority which is beneficial
partly to the owners or residents within the area of
the scheme and partly to the general public, which
shall be included in the costs of the scheme:
(iv) calculate the contribution to be levied under sub-
section (1) of section 43, on each plot used,
allotted or earmarked for a public purpose or for
the purpose of the appropriate authority which is
beneficial partly to the owners or residents within
the area of the scheme and partly to the general
public;
(v) determine the amount of exemption, if any, from
the payment of contribution that may be granted
in respect 'of plots exclusively occupied for
religious or charitable purposes;
(vi) estimate the increment to accrue in respect of each
plot included in the ,scheme in accordance with
the provisions of section 42;
(vii) calculate the proportion of the contribution to be
levied on each plot in the final scheme to the
increment estimated to accrue in respect of such
-plot under sub-section (1) of section 43;
(viii)calculate the contribution to be levied on each plot
included in the final scheme;
9 (72)
W Rafi—W, C33 29, 2018 WT 4 (as) _
prepare and submit to the State Government the final scheme in
accordance with the provisions of sub-section (4).
(4) In the final scheme, the Land Pooling Officer shall, -
(i)
(ii)
(iii)
0V)
(V)
(Vi)
, (vii)
fix the difference between the total of the values
of the original plots and the total of the values of
the plots included in the scheme in accordance
with the clause (vi) of sub-section (1) of section
41;
determine whether the areas used, allotted or
earmarked for a public purpose or purposes of the
appropriate authority are beneficial wholly or
partly to the owners or residents within the area of '
the scheme; . V '
estimate the portion of the sums payable as
compensation on each plot used, allotted or
earmarked for a public purpose or for the purpose
of the appropriate authority which is beneficial
partly to the owners or residents within the area of
the scheme and partly to the general public, which
shall be included in the costs of the scheme;
calculate the contribution to be levied under sub—
section (1) of section 43, on each plot used,
allotted or earmarked for a public purpose or for
the purpose of the appropriate authority which is
beneficial partly to the ownersor residents ‘within
the area of the scheme and partly to the general
public; -
determine the amount of exemption, if any, from
the payment of contribution that may be granted
in respect, 'of plots exclusively occupied for
religious or charitable purposes;
estimate the increment to accrue in respect of each
plot included in the ”scheme in accordance with
the provisions of section 42;
calculate the proportion of the contribution to be
levied on each plot in the final scheme to the
increment estimated to accrue in respect of such
-plot under sub-section (1) of section 43;
(viii)calculate the contribution to be levied on each plot
included in the final scheme;
72
(ix) determine the amount to be deducted from, or
added to, as the case may be, the contribution
leviable from a person in accordance with the
provisions of section 43;
(x) estimate with reference to claims made before
him, after nou ce has been given by him in the
prescribed Planner and in the prescribed form, the
compensation to be paid to the owner of any
property or right injuriously affected by the
making of the land pooling scheme "in accordance
with the provisions of section 46.
(5) The Land Pooling Officershall draw in the prescribed
form the pteliminary and the final scheme in accordance with the
draft scheme:
- Provided that the Land Pooling Officer may make
modification in the draft scheme, but no such modification; if it is
of a substantial nature, shall be made except with the previous
sanction of the State Government, and except after hearing the
appropriate authority and any owners who may raise objections.
Explanation.- (i) For the purpose of this proviso
"modification of a substaritial nature" means a modification which
is estimated by the Land Pooling Officer to involve an increase of
ten percent in the costs of the scheme as is described in section 41
or on account of the provisions of new works or the allotment of
additional sites for public purposes included in the preliminary
scheme drawn up by the Land Pooling Officer ..
(Ii) If there is any difference of opinion between the Land
Pooling Officer and the appropriate authority as to whether a
modification made by the Land Pooling Officer is of substantial
nature or not, the matter shall be referred by the appropriate
authority to the State Government whose decision shall be final.
24. Certain decisions of Land Pooling Officer to be final.-
Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii)
and (x) of sub-section (4) of section 23, every decision of the Land
Pooling Officer shall be final and conclusive and binding on all
parties. including the appropriate authority.
25. Power of Land Pooling Officer to split up Draft
Scheme into separate sections.- (1) After a Land Pooling Officer
am 4 (:5) Warm "(RH-FBI, GE 29, 2018 9(73) ~-
(ix) determine the amount to be deducted from, or
added to, as the case may be, the contribution
leviable from a person in accordance with the ’
provisions of section 43;
(x) estimate with reference to claims made before
him, 1fter nothe has been given by him in the
prescribed manner and in the prescribed form, the
compensation to be paid to the owner of any
property or right injuriously affected by the
making of the land pooling scheme‘in accordance
with the provisions of section 46.
(5) The Land Pooling Officer'shall draw in the prescribed
form the preliminary and the final scheme in accordance with the
draft scheme:
Provided that the Land Pooling Officer may make
modification in the draft scheme, but no such modification, if it is
of a substantial nature, shall be made except with the previous
sanction of the State Government, and except after hearing the
appropriate authority and any owners who may raise objections.
Explanation.— (i) For the purpose of this proviso
“modification of a substantial nature” means a modification which
is estimated by the Land Pooling Officer to involve an increase of
ten percent in the costs of the scheme as is described in section 41
or on account of the provisions of new works or the allotment of
additional sites for public purposes included in the preliminary
scheme drawn up by the Land Pooling Officer.
(ii) If there is any difference of opinion between the Land
Pooling Officer and the appropriate authority as to whether a
modification made by the Land Pooling Officer is of substantial
nature or not, the matter shall be referred by the appropriate
authority to the State Government whose decision shall be final.
24. Certain decisions of Land Pooling Officer to be final.-
Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii)
and (x) of sub-section (4) of section 23, every decision of the Land
Pooling Officer shall be final and conclusive and binding on all
partiessincluding the appropriate authority.
25. Power of Land Pooling Officer to split up Draft
Scheme into separate sections.- (1) After a Land Pooling Officer
73
has been appointed under section 21, the appropriat authority may
apply to him to split up the draa scheme into different sections and
to deal with each section separately as if such section were a
separate; draft scheme.
(2) On receipt of an application under sub-section (1)- the
Land Pooling Officer may, after making such inquiry as he thinks
fit, split up the draft scheme into sections.
(3) The provisions of this Act and the rules made thereunder
shall, so far as may be, app y to each of such sections as if it.were a
separate draft scheme.
26. Submission of preliminary scheme and final scheme
to Government.- The Land Pooling Officer shall submit' to the
State Government for sanction the preliminary scheme also before
the final scheme is submitted to the State Government under sub-
section (2) of section 23, together with copy of his decision under
section 24.
27. Power of Government to sanction or refuse to
sanction the scheme and effect of sanction. (1) On receipt of the
preliminary scheme or, a" the case may be, the final scheme, the
State Government may-
(i) in the case of a preliminary scheme, within a period
of two months from the date of its receipt, and
(ii) in the case of a final scheme, within a period of
three months from the date of its receipt,
by notification, sanction the preliminary scheme or the final
scheme or refuse to give sanction, provided that in sanctioning any
such scheme, the State Government may make such modifications,
as may, in its opinion, be necessary for the purpose of correcting
an error, irregularity or informality.
(2) Where the State Government sanctions the preliminary
scheme or the final scheme. it shall state i the notification-
(i) the place at which the scheme shall be kept open for
inspection by the public, and
(ii) a date (which shall not be earlier than one month
after the date of the publication of the notification)
in which all the liabilities created by the scheme
shall come into force:
Provided that the State Government may,
from time to time, extend such date, by
9 (74) mm eta—w, so 21 2.01;“) ,_°3fl4_(?§)
has been appointed under section '21, the appropriate authority may
apply to him to split up the draft scheme into different sections and
to deal with each section separately as if such section were a
separate draft scheme.
(2) On receipt of an application under sub-section (1). the
Land Pooling Officer may, after making such inquiry as he thinks
fit, split up the draft scheme into sections.
(3) The provisions of this Act and the rules made thereunder
shall, so far as may be, apply to each of such sections as if it_were a
separate draft scheme.
26. Submission of preliminary scheme and final scheme
to Government.- The Land Pooling Officer shall submit‘to the
State Government for sanction the preliminary scheme also before
the final scheme is submitted to the State Govemment under sub-
section (2) of section 23, together with copy of his decision under
section 24.
27. Power of Government to sanction or refuse to
sanction the scheme and effect of sanction. (1) On receipt of the
preliminary scheme or, as the case may be, the final scheme, the
State Government may-
(i) in the case of a preliminary scheme, within a period
of two months from the date of its receipt, and
(ii) in the case of a final scheme, within a period of
three months from the date of its receipt,
by notification, sanction the preliminary scheme or the final
scheme or refuse to give sanction, provided that in sanctioning any
such scheme, the State Government may make such modifications,
as may, in its opinion, be necessary for the purpose of correcting
an error, irregularity or informality.
(2) Where the State Government sanctions the preliminary
scheme or the final scheme, it shall state in the notification-
(i) the place at which the scheme shall be kept open for
inspection by the public, and
(ii) a date (which shall not be earlier than one month
t after the date of the publication of the notification)
in which all the liabilities created by the scheme
shall come into force:
Provided that the State Government may,
from time to time, extend such date, by
74
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notification, by such period, not exceeding three
months at a time, as it thinks fit.
(3) On and after the date fixed in such notification, the
preliminary scheme or the final scheme, as the case may be, shall
have effect as if it were enacted in this Act. .
(4) The appropriate authority shall, after the preliminary
scheme is sanctioned hy the State Government under sub-section
(2), complete the execution of SI.Ki.l scheme within a period of two
years from the date 1)[ the san+ion of such scheme, failing which
the State Government may take ~lJ.\"'h actions against appropriate
authority as it deems fit. I t
,
28. Withdrawal of schema- (1) If at any time before the
preliminary scheme is forwarded by the Land Pooling Officer to
the State Government, a representation is made to the Land
Pooling Officer by the appropriate authority and a majority of the
owners in the area, that the scheme should be withdrawn, the Land
Pooling Officer shall, after inviting from all persons interested in
the scheme objections to such representation, forward such
representation together with the objections, if any, to the State
Government.
(2) The State Government may, after making such inquiry,
as it may deem fit, if it is of opinion that it is necessary or
expedient so to do, by notification, direct that the scheme shall be
withdrawn and upon such withdrawal no further proceedings shall
be taken in regard to such scheme.
29. Effect of preliminary scheme.- On the day on which
the preliminary scheme comes into force,-
(i) all lands required by the appropriate authority shall,
unless it is otherwise determined in such scheme,
vest absolutely in the appropriate authority free
from all encumbrances;
(ii) all rights in the original plots which have been re-
constituted into final plots shall determine and the
final plots shall become subject to the rights 'settled
by the Land Pooling Officer.
30. Manner of resolution of grievances after sanctioning
schemes.- (1) In case where the final plot is allotted in joint
ownership in the sanctioned pre!iminary or final scheme, then on
am 4 (e) mite-Ft nit-en, V517? 29, 2018 9(75)
notification, by such period, not exceeding three
months at a time, as it thinks fit. ‘
(3) On and after the date fixed in such notification, the
preliminary scheme or the final scheme, as the case may be, shall
have effect as if it were enacted in this Act
( 4) The appropriate authority shall, after the preliminary
scheme is sanctioned by the State Government under sub-section
(2), comple ‘e the exeeatf " men scheme within a period of two
years from the date ‘ i scheme, failing which
the State Governrneg an it ,. 52‘: tetions against appropriate
authority as it deems
f
28. Withdrawai of scheme: (1) if at any time before the
preliminary scheme is forwarded by the Land Pooling Officer to
the State Government, a representation is made to the Land
Pooling Officer by the appropriate authority and a majority of the
owners in the area, that the scheme should be withdrawn, the Land
Pooling Officer shall, after inviting from all persons interested in
the scheme objections to such repreSentation, forward such
representation together with the objections, if any, to the State
Government.
(2) The State Government may, after making such inquir ',
as it may deem fit, if it is of opinion that it is necessary or
expedient so to do, by notification, direct that the scheme shall‘be
withdrawn and upon such withdrawal no further proceedings shall
be taken in regard to such scheme.
' 29. Effect of preliminary seheme.— On the day on which
the preliminary scheme comes into force,-
(i) all iands required by the appropriate authority shall,
unless it is otherwise determined in such scheme,
vest absolutely in the appropriate authority free
from all encumbrances;
(ii) all rights in the original plots which have been re—
constituted into final plots shall determine and the
final plots shall become subject to the rights settled
by the Land Pooling Officer.
30. Manner of resolution of grievances after sanctioning
schemes.- (1) In case where the final plot is allotted in joint
ownership in the sanctioned preliminary or final scheme, then on
75
9 (76)
application by any of the joint owners,' being made to the
committee constituted under sub-section (2), the committee shall
give a notice to all the concerned and after giving them an
opportunity of being heard. It shall, with respect to such final plot
define and decide the share of the joint holders and demarcate the
area that may be allotted to each of them. The decision of the
committee in this regard shall be deemed to be the part of the
scheme sanctioned under section 27.
(2) The committee shall consist of the following members,
namely,-
(i) Secretary incharge of Urban - Chairperson;
Development and Housing
Department
(ii) Chief Town Planner, - Member-
Rajasthan Secretary; and
(iii) Executive Head of the Member.
appropriate authority
ExpJanation.- For the purpose of this sub-section,
"Secretary incharge" means the the Secretary incharge of
the department and includes the Additional Chief Secretary
or the Principal Secretary when he is incharge of the
department..
31. Power of appropriate authority to evict summarily.-
On and after the date on which a preliminary scheme comes into
force, any person continuing to occupy any land which hr. is not
entitled to occupy under the preliminary scheme shall, in
accordance with the prescribed procedure, be summarily evicted
by the appropriate authority.
32. Power to enforce Scheme> (1) On and after the date on
which the preliminary scheme comes into force, the appropriate
authority shall, after giving the prescribed notice and in accordance
with the provisions of the scheme-
(i) remove, pull down, or alter any building or other
work in the area included in the scheme which is
such as contravenes the scheme or in the erection
or carrying out of which any provision of the
scheme has not been complied with;
(ii) execute any work which it is the duty of any person
to execute under this scheme in any case where it
.,. ,
9 £76) W VIE-W, GET 29, 2018 am 4 (at)
application by any of the joint owners, ~being made to the
committee constituted under sub-section (2), the committee shall
give a notice to all the concerned and after giving them an
opportunity of being heard. It shall, with respect to such final plot
define and decide the share of the joint holders and demarcate the
area that may be allotted to each of them. The decision of the
committee in this regard shall be deemed to be the. part of the
scheme sanctioned under section 27.
(2) The committee shall consist of the following members,
namely,-
(i) Secretary incharge of Urban - Chairperson;
Development and Housing
Department
(ii) Chief Town Planner, - Member-'
Rajasthan Secretary; and
(iii) Executive Head of the '- Member.
appropriate authority
Explanation.- For the purpose of this sub—section,
"Secretary incharge" means the the Secretary incharge of
the department and includes the Additional Chief Secretary
. or the Principal Secretary when he is incharge of the
department.
1 31. Power of appropriate authority to evict summarily.-
On and after the date on which a preliminary scheme comes into
force, any person continuing to occupy any land which he is not .
entitled to occupy under the preliminary scheme shall, in
accordance with the prescribed procedure, be summarily evicted
by the appropriate authority.
32. Power to enforce Scheme.- (1) On and after the date on
which the preliminary scheme comes into force, the appropriate
authority shall, after giving the prescribed notice and in accordance
with the provisions of the scheme-
(i) remove, pull down, or alter any building or other
work in the area included in the scheme which is
such as contravenes the scheme or in the erection
or carrying out of which any provision of the
scheme has not been complied with;
(ii) execute any work which it is the duty of any person
to execute under this scheme in any case where it
76
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l -"
a :‘ ‘ O .'
9(77)
appears to the appropriate authority that delay in
the execution of the work would prejudice' the
efficient operation of the scheme.
(2) Any expenses incurred by the appropriate authority
under this section shall be recovered from the person in default or
from the owner of the plot in the manner provided for the recovery
of sums due to the appropriate authority under the provisions of
this Act.
(3) If any question arises as to whether any building or
work contravenes a land pooling scheme or whether any provision
of a land pooling scheme is not complied with in the process of
erection or carrying out of any such building or work, it shall be
referred to the State Government and the decision of the State
Government shall be final and binding on all persons.
(4) No persons shall be entitled to compensation in respect
of any damage, loss or injury resulting from any action taken by
the appropriate authority under the provisions of this section
except in respect of the building or work begun before the date
referred to in sub-section (1) and only in so far as such building or
work has proceeded until that date:
Provided that any claim to compensation, which is not
barred by this sub-section shall be subject to the condition of any
agreement entered into between the claimant and the appropriate
authority.
(5) The provisions of this section shall not apply to any
operational construction undertaken by the Central Government 'or
State Government.
33. Power to modify scheme on ground of error,
irregularity or informality.- (1) If after the preliminary scheme
or the final scheme has come into force, the appropriate authority
considers that the scheme is defective on account of an error,
irregularity or informality, the appropriate authority may apply in
writing to the State Government for the modification of the
scheme.
(2) If on receiving such application or otherwise, the State
Government is satisfied that the modification requi.red is not
substantial, the State Government shall publish a draft of such
modification in the prescribed manner.
W 4 (a?) W Vivi—tin, qa 29, 2018 9(77)
appears to the appropriate authority that delay in
the execution of the work would prejudice "the '
efficient operation of the scheme.
(2) Any expenses incurred by the appropriate authority
under this section shall be recovered from the person in default or
from the owner of the plot in the manner provided for the recovery
of sums due to the appropriate authority under the provisions of
this Act. '
(3) If any question arises as to whether any building or
work contravenes a land pooling scheme or whether any provision
of a land pooling scheme is not complied with in the process of
erection or carrying out of any such building or work, it shall be
referred to the State Government and the decision of the State
Government shall be final and binding on all persons. '
(4) No persons shall be entitled to compensation in respect
of any damage, loss or injury resulting from any action taken by
the appropriate authority under the provisions of this section
except in respect of the building or work begun before the date
referred to in sub-section (1) and only in so far as such building or
work has proceeded until that date: '
Provided that any claim to compensation, which is not
barred by this sub-section shall be subject to the condition .of any
agreement entered into between the claimant and the appropriate
authority.
(5) The provisions of this section shall not apply to any
operational construction undertaken by the Central Government 'or
State Government.
33. Power to modify scheme on ground of error,
irregularity or informality.— (1) If after the preliminary scheme
or the final scheme has come into force, the appropriate authority
considers that the scheme is defective on account of an error,
irregularity or informality, the appropriate authority may apply in
writing to the State Government for the modification of the
scheme.
(2) If on receiving such application or otherwise, the State
Government is satisfied that the modification required is not
substantial, the State Government shall publish a draft of such
modification in the prescribed manner.
77
(3) The draft modification publi hed under sub-section (2)
shall state every modification proposed to be made in the scheme
and if any such modification relates to a matter specified in any of
the clauses (1) to (viii) of sub-section (1) of section 6, the draft
modification shall also contain such other particulars as may be
prescri bed.
(4) The draft modification shall be open to the inspection of
the public at the head office of the appropriate authority during
office hours.
(5) Within one month of the date of publication of the draft
modification, any person affected thereby may communicate in
writing his objections to such modification to the State
Government through the appropriate authority.
(6) After receiving the objections under sub-section (5), the
State Government may, after consulting the appropriate authority
and after making such inquiry, as 't may think fit, by notification -
(i) appoint a Land Pooling Officer and thereupon the
provisions of this Chapter shall, so far as may be,
apply to such draft modification as if it were a draft
scheme sanctioned by the State Government, or
(ii) make the modification as such or with or without
condition, or
(iii)refuse to make the modification.
(7) From the date of the notification making the
modification, with or without condition, such modification shall
take effect as if it were incorporated in the scheme.
34. Modification of land pooling scheme for land allotted
for public purpose.- If at any time after the final land pooling
scheme comes into force, the appropriate authority is of the
opinion that the purpose for which any land is allocated in such
scheme under clause (xi) of sub-section (1) of section 6 requires to
be changed to any other purpose specified in any of the clauses of
the said sub-section, the appropriate authority may make such
change after following the procedure relating to amendment of
regulations, specified in section 36 as if such change were an
amendment of regulations.
35. Modification in land pooling scheme by another
Scheme> Notwithstanding anything contained in section 34, a land
pooling scheme may, at any time, be varied by a subsequent
SLQQ ___ W era—ca, Tiff 29, 3018 cm 4 (as)
(3) The draft modification published under sub-section (2)
shall state every modification proposed to be made in the scheme
and if any such modification relates to a matter specified in any of
the clauses (i) to (viii) of sub-section (1) of section 6, the draft
modification shall also contain such other particulars as may be
prescribed.
(4) The draft modification shall be open to the inspection of
the public at the head office of the appropriate authority during
office hours.
(5) Within one month of the date of publication of the draft
modification, any person affected thereby may communicate in
* writing his objections to such modification to the State
' Government through the appropriate authority.
(6) After receiving the objections under sub—section (5), the
State Government may, after consulting the appropriate authority
and after making such inquiry, as it may think fit, by notification -
(i) appoint a Land Pooling Officer and thereupon the
provisions of this Chapter shall, so far as may be,
apply to such draft modification as if it were a draft
scheme sanctioned by the State Government, or
(ii) make the modification as such or with or without
condition, or ,
(iii)refuse to make the modification.
(7) From the date of the notification making the
modification, with or without condition, such modification shall
take effect as if it were incorporated in the scheme.
34. Modification of land pooling scheme for land allotted
for public purpose.- If at any time after the final land pooling
scheme comes into force, the appropriate authority is of the
opinion that the purpose for which any land is allocated in such
scheme under clause (xi) of sub-section (1) of section 6 requires to
be changed to any other purpose specified in any of the clauses of
the said sub-section, the appropriate authority may make such
change after following the procedure relating to amendment of
regulations, specified in section 36 as if such change were an
amendment of regulations.
35. Modification in land pooling scheme by another
Scheme.- Notwithstanding anything contained in section 34, a land
pooling scheme may, at any time, be varied by a subsequent
, 78
~ ~~ ~_Xl\Jf-l:Bf, \Jfl 29, 2013 9(79)
scheme made, published and sanctioned in accordance with the
provisions of this Act.
36. Amendment of Regulations.- (1) If at an) time after the
final land pooling scheme comes into force, the appropriate
authority is of the opinion that the regulations relating to a land
pooling scheme require to be amended, it may publish the requisite
draft amendment in the prescribed manner and invite suggestions
or objections thereto from any person.
(2) If within one month from the date of publication of the
draft amendment, any person communicates in writing .to the
appropriate authority any suggestions or objections relating to such
amendment, the appropriate authority- shall consider such
suggestions or objections and may, at any time before submitting
the draft amendment to the State Government as hereinafter
provided, modify such amendment as it thinks fit.
(3) The appropriate authority shall within a period of two
months from the date of its publication, submit the draft
amendment alongwith the suggestions or objections to the State
Government and shall at the same time apply for its sanction.
(4) After receiving such application and after making such
inquiry as it may think fit, the State Government may sanction the
amendment submitted with or without modifications as it deems
necessary or refuse to sanction the amendment.
(5) If the amendment is sanctioned by the State
Government, the final land pooling scheme shall be deemed to
have been varied in accordance with the amendment.
37. Compensation when scheme is modified.- If at any
time after the date on which the scheme has come into force, such
scheme is varied, any person who has incurred any expenditure for
the purpose of complying with such scheme shall be entitled to be
compensated by the appropriate authority for the expenditure, if
such expenditure is rendered abortive by reason of the
modification in such scheme.
38. Apportionment of costs of scheme withdrawn or not
sanctioned> In the event of a land pooling scheme being
withdrawn or sanction to a preliminary scheme being refused by
the State Government, the State Government may direct that the
costs of the scheme shall be borne by the appropriate authority or
3111 4 (E5) A W, Jim—tin, era 29, 2913 9(79)
scheme made, published and sanctioned in accordance with the
provisions of this Act.
36. Amendment of Regulations.- (1) If at any time after the
final iand pooling scheme comes into force, the appropriate
authority is of the opinion that the regulations relating to a land
pooling scheme require to be amended, it may publish the requisite
draft amendment in the prescribed manner and invite suggestions
or objections thereto from any person.
(2) If within one month from the date of publication of the
draft amendment, any person communicates in writing to the
appropriate authority any suggestions or objections relating to such
amendment, the appropriate authority shall consider such
suggestions or objections and may, at any time before submitting
the draft amendment to the State Government as hereinafter
provided, modify such amendment as it thinks fit.
(3) The appropriate authority shall within a period of two
months from the date of its publication, submit the draft
amendment alongwith the suggestions or objections to the State
Government and shall at the same time apply for its sanction.
(4) After receiving such application and after making such
inquiry as it may think fit, the State Government may sanction the
amendment submitted with or without modifications as it deems
necessary or refuse to sanction the amendment.
- (5) If the amendment is sanctioned by the State
Government, the final land pooling scheme shall be deemed to
have been varied in accordance with the amendment.
37. Compensation when scheme is modified.- if at any
time after the date on which the scheme has come into force, such
scheme is varied, any person who has incurred any expenditure for
the purpose of complying with such scheme shall be entitled to be
compensated by the appropriate authority for the expenditure, if
such expenditure is rendered abortive by reason of the
modification in such scheme. '
38. Apportionment of costs of scheme withdrawn or not
sanctioned.- In the event of a land pooling scheme being
withdrawn or sanction to a preliminary scheme being refusedby
the State Government, the State Government may direct that the
costs of the scheme shall be borne by the appropriate authority or
79
9 (8,-=-0)<---_ ~ ~-~,_~, 2018
be paid- to the appropriate authority by the owners concerned in
such proportion as the State Government may' in each case
determine.
39. Right to appear through authorized representative.-
Every party to any proceedings before the Land Pooling Officer or
the Board of Appeal shall be entitled to appear either in person or
through authorized representativ e.
40. Powers of Civil Court in respect of certain matters.-
For the-purpose of this Act, an officer appointed under sub-section
(1) of section 13 or the Land Pooling Officer or the Board of
Appeal shall have the same powers of a civil court while trying a
suit under the Code of Civil Procedure, 1908 (Central Act No.5 of
1908) in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any
person and examining him on oath;
(ii) requiring the discovery and production- of any
document;
(iii) receiving evidence on affidavits;
(iv) issuing commissions for the examination of
witnesses or documents.
41. Costs of scheme.- (1) The costs of a land pooling
scheme shall include-
(i) all sums payable by the appropriate authority
under the provisions of this Act, which are not
specifically excluded from the costs of the
scheme;
(ii) all sums spent or estimated to be spent by the
appropriate authority in the making and
execution of the scheme:
Provided that the estimates shall be with
reference to the period during which the
preliminary scheme is to be implemented after it
is sanctioned under section 27;
(iii) all sums payable as compensation for land
earmarked or designated for any public purpose
or for the purposes of the appropriate authority
which is solely beneficial to the owners of land
or residents within the area of the scheme;
9 (80) W Tam—11a: a? 29, 2018 am 4 (25)
. be paid‘ to the appropriate authority by the owners concerned in
such proportion as the State Govermnent may‘ in each case
determine. ‘
39. Right to appear through authorized representative.-
Every party to any proceedings before the Land Pooling Officer or
the Board of Appeal shall be entitled to appear either in person or
through authorized representative.
40. Powers of Civil Court in respect of certain matters.-
For the purpose of this Act, an officer appointed under sub-section
(1) of section 13 or the Land Pooling Officer or the Board of
Appeal shall have the same powers of a civil court while trying a
suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of
1908) in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any
person and examining him on oath;
(ii) requiring the discovery and production- of any
document;
(iii) receiving evidence on affidavits;
(iv) issuing commissions .for the examination of
witnesses or documents. '
41. Costs of scheme.- (1) The costs of a land pooling
scheme shall include—
(i) all sums payable by the appropriate authority
under the provisions of this Act, which are not
specifically excluded from the costs of the
scheme; .
(ii) all sums spent or estimated to be spent by the
appropriate authority in the making and
execution of the scheme:
Provided that the estimates shall be with
reference to the period during which the
preliminary scheme is to be implemented afier it
is sanctioned under section 27;
(iii) all sums payable as compensation for land
earmarked or designated for any public purpose
or for the purposes of the appropriate authority
which is solely beneficial to the owners of land
or residents within the area of the scheme;
80
'l1PT 4 (cp)~~ XJ\jf-lf5T, ~ 29, 2018 . 9(81)
{iv) .such portion of the sums payable as
. compensation for land earmarked or designated
for any public purpose or for the purpose of the
appropriate authority which is beneficial partly
to the owners of land or residents within the
area .rf the scheme from such earmark. or
designation;
(v) all legal expenses incurred by the appropriate
authority in the making and in the execution of
the scheme;
(vi) any amount By which the total amount of the
values of the original plots exceeds the total
amount of the values of the plots included in the
final scheme, each of such plots being estimated
at the value prescribed under the rules' at the
date of the declaration of intention to make a
scheme, with all the buildings and works
thereon at the said date and without reference to
improvements contemplated in the scheme other
than improvements due to alteration of its
boundaries; .
(vii) twenty per cent of the amount of the cost of
infrastructure provided in the area adjacent to
the area of the scheme as is necessary for the
purpose of and incidental to the scheme.
(2) If in any case the total amount of the values of the plots
included in the final scheme exceeds the total amount of the values
of the original plots, eachof such plots being estimated in the
manner provided in clause (vi) of sub-section (1), then the amount
of such. excess shall be deducted in arriving at the costs 'of the
scheme as defined in sub-section (1).
42. Calculation of increment.- For the purposes of this Act,
the increments shall be deemed to be the amount by which, at the
date of the declaration of intention to make a scheme, the market
value of the plot included in the final scheme estimated on the
assumption that the scheme has been completed, would exceed at
the same date the market value of the same plot estimated without
reference to improvements contemplated in the scheme:
am 4 (25) Riemann “am—W, GE 29, 2018 ' 9(81)
‘(iv) .such' portion of the sums payable as
. compensation for land earmarked or designated
for any public purpose or for the purpose of the
appropriate authority which is beneficial partly
to the owners of land or residents Within the
area Jf the scheme from such earmark. or
designation;
(v) all legal expenses incurred by the appropriate
authority in the making and in the execution of
the scheme; .
* - (vi) any amount by which the total amount of the
values of the original plots exceeds the total
amount of the values of the plots included in the
final scheme, each of such plots being estimated
at the value prescribed under the rules‘at the
date of the declaration of intention to make a
scheme, with all the buildings and works
thereon at the said date and without reference to
improvements contemplated in the scheme other
than improvements due to alteration of its
boundaries; '
(vii) twenty per cent of the amount of the cost of
infrastructure provided in the area adjacent to
the area of the scheme as is necessary for the
purpose of and incidental to the scheme.
(2) If in any case the total amount 3f the values of the plots
included in the final scheme exceeds the total amount of the values
of the original plot‘s, each‘ _of such plots being estimated in the
manner provided in clause (vi) of sub-section (1), then the amount
of such» excess, shall be deducted in arriving at the costs-of the
scheme as defined in sub-section (1).
42. Calculation of increment.- For the purposes of this Act,
the increments shall be deemed to be the amount by which, at the
date of the declaration of intention to make a scheme, the market
value of the plot included in the final Scheme estimated on the
assumption that the scheme has been completed, would exceed at
the same date the market value of the same plot estimated Without
reference to improvements contemplated in the scheme:
81
9 (82L _
Provided that in estimating such value, the, value of
buildings or other works erected or in the course of erection on
such plot shall not be taken into consideration.
43. Contribution towards costs of scheme.- (1) The costs
of the scheme shall be met wholly or in part by a contribution to be
levied by the appropriate authority on each plot included in the
final scheme calculated in proportion to the increment which is
estimated to accrue in respect of such plot hy the Land Pooling
Officer:
Provided that-
(i) (a) where the cost of the scheme does not exceed half
the increment, the cost shall be met wholly by a
contribution, and.-
. (b) where it exceeds half the increment, to the extent
of half the increment it shall be met by a
contribution and the excess shall be borne by the
appropriate authority; ,
(ii) where a plot is subject to a mortgage with possession
or to a lease, the Land Pooling Officer shall determine
in what proportion the mortgagee or lessee on the one
hand and the mortgagor or lessor on the ..pther hand
shall pay such contribution; •
(iii) no such contribution shall be levied on a plot used,
allotted or earmarked for a public purpose or for the
purpose of the appropriate authority which is solely
beneficial to the owners of land or residents within
the area of the scheme; arid
(iv) the contribution levied on a plot used, allotted or
earmarked for a public purpose or for the purpose of
the appropriate authority which is beneficial partly to
the owners of land or residents within the area of the
scheme and partly to the general public shall be
calculated in proportion to the benefit estimated to
accrue to the general public from such use, allotment
or earmark.
(2) The owner of each plot included in the final scheme.
shall be primarily liable for the payment of the contribution
leviable in respect of such plot.
44. Certain amounts to be added to, or deducted from,
9 (82)“ __ W WET—W, 313 29, 2018 WT 4 (m)
Provided that in estimating such value, the. value of
buildings or other works erected or in the course of erection on
such plot shall not be taken into consideration.
43. Contribution towards costs of scheme.- (1) The costs
of the scheme shall be met wholly or in part by a contribution to be
levied by the appropriate authority on each plot included in the
final scheme calculated in proportion to the increment which is
estimated to accrue in respect of such plot by the Land Pooling
Officer:
Provided that-
(i) (a) where the cost of the scheme does not exceed half
the increment, the cost shall be met wholly by a
. contribution, and
‘(b) where it exceeds half the increment, to the extent
of half the increment it shall be met by a
contribution and the excess shall be borne by the
appropriate authority; '
(ii) where a plot is subject to a mortgage with possession
or to a lease, the Land Pooling Officer shall determine
in what proportion the mortgagee or lessee on the one
hand and the mortgagor or lessor on the pther hand
shall pay such contribution; ¢
(iii) no such contribution shall be levied on a plot used,
allotted or earmarked for a public purpose or for the
purpose of the appropriate authority which is solely
beneficial to the owners of land or residents within
the area of the scheme; and
(iv) the contribution levied on a plot used, allotted or
earmarked for a public purpose or for the purpose of
the appropriate authority which is beneficial partly to
the owners of land or residents within the area of the
scheme and partly to the general public shall be
calculated in proportion to the benefit estimated to
accrue to the general public from such use, allotment
or earmark.
(2) The owner of each plot included in the final scheme.
shall be primarily liable for the payment of the contribution
leviable in respect of such plot.
44. Certain amounts to be added to, or deducted from,
82
~ XM-lBT, \;f! 29,2018
contribution leviable from person> The amount by which the
total value of the plots included in the final scheme with all the
buildings and works thereon allotted to a person falls short of or
exceeds the total value of the original plots with all the buildings
and works thereon of such person shall be deducted from, or, as the
case may be, added to, the contribution leviable from such person,
each of such plots being estimated at its market value at the date of
declaration of intention to make a scheme or the date of the
notification issued by the State Government under sub-section (2)
of section 5 and without reference to improvements contemplated
in the scheme other than improvements due to the alteration of its
boundaries.
45. Transfer of right from original to final plot or
extinction of such right.- Any right in an original plot which in
the opinion of the Land Pooling Officer is capable of being
transferred wholly or in part, without prejudice to the making of a
land pooling scheme, to a final plot shall be so transferred and any
right in an original plot which in the opinion of the Land Pooling
Officer is not capable of being so transferred shall be extinguished:
Provided that an agricultural lease shall not be transferred
from an original plot to a final plot without the consent of all the
parties to such lease.
46. Compensation in respect of property 01" right
injuriously affected by scheme.- The owner of any property or
right which is injuriously affected by the making of a land pooling
scheme shall, if he makes a claim before the Land Pooling Officer
within the prescribed time, be entitled to be compensated in respect
thereof by the appropriate authority or by any person benefited or
partly by the appropriate authority and pardy by such person as the
Land Pooling Officer may in each case determine:
Provided that the value of such property or rights shall be
deemed to be its market value at the date of the declaration of
intention to make a scheme or the date of the notification issued by
the State Government under sub-section (2) of section 5 without
reference to improvements contemplated in the scheme, as the case
maybe.
47. Exclusion of compensation in certain cases.- (1) No
. compensation shall be payable in respect of any property or private
am 4 (F5) W net—113i, 6f! 29, 2018 9(83)
contribution leviable from pérson.- The amount by which the
total value of the plots included in the final scheme with all the .
buildings and works thereon allotted to a person falls short of or
exceeds the total value of the original plots with all the buildings
and works thereon of such person shall be deducted from, or, as the
case may be, added to, the contribution leviable from such person,
each of such plots being estimated at its market value at the date of
declaration of intention to make a scheme or the date of the
notification issued by the State Government under sub-section (2)
of section 5 and without i'eierence to improvements contemplated
in the scheme other than improvements due to the alteration of its
boundaries.
45. Transfer of right from original to final plot or
extinction of such right: Any right in an original plot which in
the opinion of the Land Pooling Officer is capable of being
transferred wholly or in part, without prejudice to the making of a
land pooling scheme, to a final plot shall be so transferred and any
right in an original plot which in the opinion of the Land Pooling
Officer is not capable of being so transferred shall be extinguished:
Provided that an agricultural lease shall not be transferred
from an» original plot to a final plot without the consent of all the
parties to such lease.
46. Compensation in respect of property or right
injuriously affected by scheme.- The owner of any property or
right which is injuriously affected by the making of a land pooling
scheme shall, if he makes a claim before the Land Pooling Officer
within the prescribed time, be entitled to be compensated in respect
thereof by the appropriate authority or by any person benefited or
partly by the appropriate authority and partly by such person as the
Land Pooling Officer may in each case determine:
Provided that the value of such property or rights shall be
deemed to be its market value at the date of the declaration of
intention to make a scheme or the date of the notification issued by
the State Government under sub-section (2) of section 5 without
reference to improvements contemplated in the scheme, as the case
maybe.
47. Exclusion of compensation in certain cases.— (1) No
. compensation shall be payable in respect of any property or private
83
right which is alleged to be injuriously affected by reason of any
provisions contained in the land pooling scheme, if under any other
law for the time being in force applicable to the ..area for which
such scheme is made no compensation is .payable for such
'injurious affection.
(2) Any property or private right shall not be deemed to be
injuriously affected by reason of any provision inserted in a land
pooling scheme which imposes any conditions and restrictions in
regard to any of the matters specified in Clause(xii) of sup-section
(1) of section 6.
48. Provision for case in which amount payable to owner
exceeds amount due from him.- If the owner of an original plot is
not provided with a plot in the preliminary scheme or if the
contribution to be levied from him under section 43 is less than the
total amount to be deducted therefrom under any of the provisions
of this Act, the net amount of his loss shall be payable to him by
the appropriate authority ill cash or in such other manner as may be
agreed upon by the parties.
49. Provision for case in which value of developed plot is
less than amount payable by owners.- (1) If from any cause the
total amount which would be due to the appropriate authority
under the provisions of this Act from the owner of a plot to be
included in the final scheme exceeds the value of such plot
estimated on the assumption that the scheme has been completed,
the Land Pooling Officer shall at the request of the appropriate
authority direct the owner of such 'plot to make payment to the
appropriate authority of the amount of such excess.
(2) If such owner fails to make such payment within the
prescribed period, the Land Pooling Officer shall, if the
appropriate authority so requests, acquire the original plot of such
defaulter and apportion the compensation among the owner and
other persons interested in the plot on payment by the appropriate
authority of the value of such plot estimated at its market value at
the date of the declaration of intention to make a scheme or the
date of a notification under sub-section (2) of section 5 and without
reference to improvements contemplated in the scheme; and
thereupon the plot included in the final scheme shall vest
absolutely. in the appropriate authority free from all encumbrances
but subject to the provisions of this Act:
9. (84) W W~TF>L 3131 29, 2018 am 4 (a)
right which is alleged to be injuriously affected by reason of any
provisions contained in the land pooling scheme, if under any other
law for the time being in force applicable to thearea for which
such scheme is made no compensation is ,payable for such
injurious affection.
(2) Any property or private right shall not be deemed to be
injuriously affected by reason of any provision inserted in a land ,
pooling scheme which imposes any conditions and restrictions in
regard to any of the matters specified in ciause (xii) of sub-section
(1) of section 6.
48. Provision for case in which amount payable to owner
exceeds amount due from him.- If the owner of an original. plot is
not provided with a plot in the preliminary scheme or if the
contribution to be levied from him under section 43 is less than the
total amount to be deducted therefrom under any of the provisions
of this Act, the net amount of his loss shall be payable to him by
the appropriate authority in cash or in such other manner'as may be
agreed upon by the parties.
49. Provision for case in which value of developed plot is
less than amount payable by owners.- (1.) If from any cause the
total amount which would be due to the appropriate authority
under the provisions of this Act from the owner of a plot to be
included in the final scheme exceeds the value of such plot
estimated on the assumption that the scheme has been completed,
the Land Pooling Officer shall at the request of the appropriate
authority direct the owner of such ‘plot to make payment to the
appropriate authority of the amount of such excess.
(2) If such owner fails to make such payment within the
prescribed period, the Land Pooling Officer shall, if the
appropriate authority so requests, acquire the original plot of such
defaulter and apportion the compensation among the owner and
other persons interested in the plot on payment by the appropriate
authority of the value of such plot estimated at its market Value at
the date of the declaration of intention to make a scheme or the
date of a notification under sub-section (2) of section 5 and without
reference to improvements contemplated in the scheme; and
thereupon the plot included in the final scheme shall vest
absolutely 1n the appropriate authority free from all encumbrances
but subject to the provisions of this Act:
84
'mlT 4 (:p-) ~ XT\il-1:Br, ""B 29, 2018 9(85)
Provided that the payment made by the appropriate authority
on account of the value of the original plot shall not be included in
the costs of the scheme.
50. Payment by adjustment of account.- All payments
due to be made to any person by the appropriate authority under
this Act shall, as far as possible, be made by adjustment in such
account with the appropriate authority in respect of the plot
concerned or of any other plot in which he has an interest and
failing such adjustment, shall be paid in cash or in such other
manner as may be agreed upon by the parties.
51. Payment of net - amount due to appropriate
authority;- (1) The net amount payable under the provisions of
this Act by the owner of a plot included in the final scheme may at
the option of the contributor be paid in lump-sum or in annual
instalments not exceeding ten.
(2) If the owner elects to pay the amount by instalments,
interest at such rate as is- arrived at by adding two percent: to the
bank rate published under section 49 of-the Reserve Bank of India
Act, 1934 (Central Act No.2 of 1934), from time to time, shall be
chargeci per annum on the net amount payable.
(3) If the owner of a plot fails to exercise the option on or
before the date specified in a notice issued to him in that behalf by
the appropriate authority, he shall be deemed to have exercised the
option of paying contribution in instalments and the interest on the
contribution shall be calculated from the date specified in the
notice, being the date before which he was required to exercise the
option.
(4) Where two or more plots included in the final scheme
are of the same ownership, the net amount payable by such owner
under the provisions of this Act shall be distributed over his
several plots in proportion to the increments which is estimated to
accrue in respect of each plot unless the o-vner and the appropriate
authority agree to a different method of-distribution.
52. Power of appropriate authority to make agreement-
- (1) The appropriate authority shall be competent to make any
agreement with any person in-respect of any matter which is to be
provided for in a land pooling scheme, subject to the power of the
State Government to modify or disallow such agreement and
unless it is otherwise expressly provided therein, such agreement
3
am 4 ($) W VIE—1:131, 6171 29, 2018 9(85)
Provided that the payment made by the appropriate authority
on account of the value of the original plot shall not be included in
the costs of the scheme.
50. Payment by adjustment of account.- All payments
due to be made to any person by the appropriate authority under
this Act shall, as far as possible, be made by adjustment in such
account with the appropriate authority in respect of the plot
concerned or of any other plot in which he has an interest and
failing such adjustment, shall be paid in cash or in such other
manner as may be agreed upon by the parties.
51. Payment of net' amount due to appropriate
authority.— (1) The net amount payable under the provisions of
this Act by the owner of a plot included in the final scheme may at
the option of the contributor be paid in lump-sum or in annual
instalments not exceeding ten.
(2) If the owner elects to pay the amount by instalments,
interest at such rate as is‘ arrived at by adding two percent to the
bank rate published under section 49 of the Reserve Bank of India
Act, 1934 (Central Act No. 2 of 1934), from time to time, shall be
charged per annum on the net amount payable.
(3) If the owner of a plot fails to exercise the option on or
before the date specified 1n a notice issued to him 1n that behalf by
the appropriate authority, he shall be deemed to have exercised the
option of paying contribution in instalments and the interest on the
contribution shall be calCulated from the date specified in the
notice, being the date before which he was required to exercise the
option.
(4) Where two or more plots included in the final scheme
are of the same ownership, the net amount payable by such owner
under the provisions of this Act shall be distributed over his
several plots in proportion to the increments which is estimated to
accrue in respect of each plot unless the owner and the appropriate
authority agree to a different method of distribution.
52. Power of appropriate authority to make agreement.-
' (1) The appropriate authority shall be competent to make any
agreement with any person in‘respect of any matter which is to be
provided for in a land pooling scheme, subject to the power of the
State Government to modify or disallow such agreement and
unless it is otherwise expressly provided therein, such agreement
85
9 (86)
shall take effect on and after the day on which the land pooling
scheme comes into force.
(2) Such agreement shall not in any way affect the ditties of
the Land Pooling Officer as described in Chapter'4 or the rights of
third parties but it shall be binding on the parties to the agreement
notwithstanding any decision that may be passed by the Land
Pooling Officer:
Provided that if the agreement is modified by the State
Government, either party shall have the option of avoiding.it, if it
so elects.
53. Execution of works in final scheme by appropriate
authority.- (l) The appropriate authority shall complete all the
works provided in a final scheme within the period specified in the
final scheme by the Land Pooling Officer: '
Provided that in exceptional circumstances on an application
by the appropriate authority, the State Government may by an
order in writing specifying those circumstances, grant to the
appropriate authority in this behalf further extension of time as it
may deem fit.
(2) If the appropriate authority fails to complete all the
works within the specified period or within the period extended
under sub-section (1), the State Government may, notwithstanding
anything contained in sub-section (1), require the 'appropriate
authority to complete the works within such further period as it
may consider reasonable or appoint an officer to complete such
works at the cost of the appropriate authority and recover the cost
from the appropriate authority in the prescribed manner.
54. Powers of appropriate authority to borrow money
for Development Plan or for making' or executing a land
pooling scheme.- (1) An appropriate authority may for the purpose
of making..or execution of a land pooling scheme borrow moneys
and if the appropriate authority is a local authority the money shall
be borrowed in accordance with the provisions of the Act under
which the local authorities constituted or if such Act does not
contain any provision for such borrowing, then in accordance with
the approval of the State Government. .
(2) Any expenses incurred by an appropriate authority or
the State Government under this Act in connection with a land
9 (as) W era—rm, 51:1 29, 2018 um 41$)
shall take effect on and after the day on which the land pooling
scheme comes into force.
(2) Such agreement shall not in any way affect the duties of
the Land Pooling Officer as described in Chapter'4 or the rights of
third parties but it shall be binding on the parties to the agreement
notwithstanding any decision that may be passed by the Land
Pooling Officer:
Provided that if the agreement is modified by the State
Government, either party shall have the option of avoidingit, if it
so elects.
53. Execution of works in final scheme by appropriate
authority.- (1) The appropriate authority shall complete all the
works provided in a final scheme within the period specified in the
final scheme by the Land Pooling Officer: .
Provided that in exceptional circumstances on an application ‘
by the appropriate authority, the State Government may by an
order in writing specifying those circumstances, grant to the
appropriate authority 1n this behalf further extension of time as it
may deem fit.
(2) If the appropriate authority fails to complete all the
works within the specified period or within the period extended
under sub-section (1), the State Government may, notwithstanding
anything contained in sub-section (1), require the appropriate
authority to complete the works within such further period as it
may consider reasonable or appoint an officer to complete such
works at the cost of the appropriate authority and recover the cost
from the appropriate authority in the prescribed manner.
54. Powers of appropriate authority to borrow money
for Development Plan or for making or executing a land
pooling scheme.- (1) An appropriate authority may for the purpose
of making or execution of a land pooling scheme borrow moneys
and if the appropriate authority is a local authority the money shall
be borrowed in accordance with the provisions of the Act under
which the local authorities constituted or if such Act does not
contain any provision for such borrowing, then in accordance with
the approval of the State Government. ‘
(2) Any expenses incurred by an appropriate authority or
the State Government under this Act in connection with a land
86
pooling scheme and the salary, allowances and other expenses of
the Land Pooling Officer as appointed under section 21, may be
defrayed out of the funds of the appropriate authority.
CHAPTERS
Appeal
55. Appeal.- (1) Any decision of the. Land Pooling Officer
under clause (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (4) of
section 23 shall forthwith be communicated to the party cor.cemed
including the appropriate authority and any party aggrieved by
such decision may, within thirty days from the date of
communication of the decision, prefer an appeal to the Board of
Appeal.
(2) The provrsions of sections 5, 12 and 14 of the
Limitation Act, 1963 (Central Act No. 36 of 1963) shall apply to
the appeals under this section.
56. Constitution of Board of Appeal.- (1) The State
Government shall, from time to time by an order published in the
Official Gazette, constitute a Board of Appeal for hearing and
deciding appeals under section 55.
(2) The Board of Appeal shall consist of three members, one
of whom shall be its President and two persons, possessing such
qualifications and experience as may be prescribed, as assessor,
(3) The President of the Board of appeal shall be a person
who is or has been a District Judge.
(4) The terms of appointment of the President of the Board
of Appeal and conditions of service shall be such as Clay be
prescribed.
'(5) The Board of Appeal constituted under sub-section (1)
shall stand dissolved as soon as a copy of its decision in appeal is
sent to the Land Pooling Officer.
(6) The Stare Government may, if it thinks fit, remove for
incompetence or misconduct or for any other good or sufficient
reason ary assessor appointed under sub-section (2).
57. Land Pooling Officer to assist Board of Appeal in
advisory capacity.- (1) The Land Pooling Officer shall be present
41111 4 (E) W WEI—U31, 31:1 29, 2018 9(37)
pooling scheme and the salary, allowances and other expenses of
the Land Pooling Officer as appointed under section 21, may be
defrayed out of the funds of the appropriate authority.
CHAPTER 5
Appeal
55. AppeaL- (1) Any decision of the Land Pooling Officer
under clause (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (4) of
section 23 shall forthwith be communicated to the party concerned
including the appropriate authority and any party aggrieved by
such decision may, within thirty days from the date of
communication of the decision, prefer an appeal to the Board of
Appeal.
(2) The provisions of sections 5, 12 and 14 of the
Limitation Act, 1963 (Central Act No 36 of 1963) shall apply to
the appeals under this section. .
56. Constitution of Board of Appeal.- (1) The State
Government shall, from time to time by an order published in the
Ofi‘icial Gazette, constitute a Board of Appeal for hearing and
deciding appeals under section 55.
(2) The Board of Appeal shall consist of three members, one
of whom shall be its President and two persons, possessing such
qualifications and experience as may be prescribed, as assessor.
(3) The President of the Board of appeal shall be a person
who is or has been a District Judge.
(4) The terms of appointment of the President of the Board
of Appeal and conditions of service shall be such as may be
prescribed.
(5) The Board of Appeal constituted under sub-section (1)
shall stand dissolved as soon as a copy of its decision in appeal 18
_ sent to the Land Pooling Officer.
(6) The State Government may, if it thinks fit, remove for
incompetence or miscanduct or for any other good or sufficient
reason any assessor appointed under sub-section (2).
57. Land Pooling Officer to assist Board of Appeal in
advisory capacity.- (1) The Land Pooling Officer shall be present
87
_9 ->.:(8::..=8L-) -=-:~--'--'-_'_'____'__'<.:..:....I\i1---,--_~-'-'--'-!.-, _'Xl_",---2_9-,-, _20_1_8 __ 1Wl" 4 (cp)
at the proceedings before the Board of Appeal.
(2) The Land Pooling Officer shall not be required to give
evidence in such proceedings but the President may require him to
assist the Board of Appeal in an advisory capa ity.
58. Place where Board of Appeal may sit.- The Board of
Appeal may sit at such place or places as the State Government
may specify from time to time in this behalf.
59. Decision on questions of law and other questions.- All
questions of law and procedure shall be decided by the President
and all other questions shall be decided by the President and the
members by a majority.
60. Power of Board of Appeal to decide matters finally.-
(1) After making such inquiry as it may think fit, the Board of
Appeal may either direct the Land Pooling Officer to reconsider its
proposals, or accept, modify, vary or reject the proposals of the
Land Pooling Officer.
(2) Every decision of the Board of Appeal shall be final and
binding on all parties.
61. Board of Appeal not to be court.- Nothing contained
in this Act shall be deemed to constitute the Board of Appeal to be
a court.
62. Remuneration of assessors and payment of incidental
expenses of Board of Appeal to be added to costs of scheme>
(1) The assessors shall, save where they are salaried Government
Officers, be entitled to such remuneration either by way of
monthly salary or by way of fees or partly by way of salary and
partly by way of fees; as the State Government may, from time to
time, determine.
(2) The salary of, the President of the Board of Appeal or,
an assessor, who is a salaried Government Officer and any
remuneration payable under sub-section (l) and all expenses
incidental to the working of the Board of Appeal shall, unless the
State Covernment otherwise determines, be defrayed out 'of the
funds of the appropriate authority and shall be added to the costs of
the scheme.
63. Decision of Land Pooling Officer to be final in certain
9 (88) W “am—W, 613 29, 2018 am 4 (as)
at the proceedings before the Board of Appeal.
(2) The Land Pooling Officer shall not be required to give
evidence in such proceedings but the President may require him to
assist the Board of Appeal in an advisory capacity.
58. Place where Board of Appeal may sit.- The Board of
Appeal may sit at such place or .places as the State Government
may specify from time to time in this behalf.
59. Decision on questions of law and other questions.- All
questions of law and procedure shall be decided by the President
and all other questions shall be decided by the President and the
members by a majority. .
60. Power of Board of Appeal to decide matters finally.-
(1) After making such inquiry as it may think fit, the Board of
Appeal may either direct the Land Pooling Officer to reconsider its
proposals, or accept, modify, vary or reject the proposals of the
Land Pooling Officer.
(2) Every decision of the Board of Appeal shall be final and
binding on all parties.
_ 61. Board of Appeal not to be court.- Nothing contained
in this Act shall be deemed to constitute the Board of Appeal to be
a court. '
62. Remuneration of assessors and payment of incidental
expensés of Board of Appeal to be added to costs of scheme.-
(1) The assessors shall, save where they are salaried Government
Officers, be entitled to such remuneration either by way of
monthly salary or by way of fees or partly by way of salary and
partly by way of fees,-as the State Government may, from time to
time, determine.
(2) The salary of, the President of the Board of Appeal or,
an assessor, who is a salaried Government Officer and any
remuneration payable under sub-section (1) and all expenses
incidental to the working of the Board of Appeal shall, unless the
State Government otherwise determines, be defrayed out 'of the
funds of the appropriate authority and shall be added to the costs of
the scheme.
63. Decision of Land Pooling Officer to be final in certain
88
'+flTf 4 (cp) . 9(89)
matters and modification of Scheme in view of decision in
appeal.- (1) Where no appeal has been presented under section 55
in respect of a matter arising out of clause (iii), clause (iv), clause
(vi), clause (vii), clause (viii) or clause (x) of sub-section (4) of
section 23, the decision of the Land Pooling Officer shall be final. r
and binding on the parties
(2) The Board of Appeal shall send a copy of its decision in
appeal to the Land Pooling Officer who shall, if necessary, make
any modification in the scheme in accordance with such decision
and shall forward the final scheme together with a copy of his
decision under section 23 and a copy of the decision of the Board
of Appeal in appeal to the State Government for the sanction of the
final scheme.
CHAPTER 6
Supplemental and Miscellaneous Provisions
~
64. Power of Entry.- (1) The appropriate authority, the
Land Pooling Officer or any person authorized by them in this
behalf, may enter into or upon any land or building, or upon any
enclosed part attached to such a building, with or without assistants
or workmen for the purpose of -
(i). making any inquiry, inspection" survey,
measurement, valuation or taking levels of such
land or buildings,
(ii) dig or bore into the sub-soil,
(iii) setting.out boundaries and intended line of work,
(iv) making such levels boundaries and lines by placing
mark, or
(v) doing any other thing necessary for efficient
administration of this Act. .
(7) Power of entry is strictly accompanied by the following
conditions, namely:-
(i) no such entry shall be made (unless with the consent
of the occupier thereof), without giving such
occupier at least 24 hours' notice in writing of the
intention to enter;
(ii) no such entry shall be made except between the
hours of sunrise and sunset;
(iii) sufficient opportunity is given in every instance to
enable women to withdraw from land or building;
am 4 (as) W W-W, GE 29, 2018 ' 9(89)
matters and modification of Scheme in view of decision in
appeal.— ( 1) Where no appeal has been presented under section 55
in respect of a matter arising out of clause (iii), clause (iv), clause
(vi), clause (vii), clause (viii) or claase (x) of sub-section (4) of
section 23, the decision of the Land Pooling Officer shall be final
and binding on the parties
(2) The Board of Appeal shall send a copy of its decision in
appeal to the Land Pooling Officer who shall, if necessary, make
any modification in the scheme in accordance with such decision
and shall forward the final scheme together with a copy of his
decision under section 23 and a copy of the decision of the Board
of Appeal in appeal to the State Government for the sanction of the
final scheme.
CHAPTER 6
Supplemental and Miscellaneous Provisions
64. Power of Entry.- (1) The appropriate authority, the
Land Pooling Officer or any person authorized by them in this
behalf, may enter into or upon any land or building, or upon any
enclosed part attached to such a building, with or without assistants
or workmen for the purpose of -
(i) _ making any inquiry, inspection, 3 survey,
measurement, valuation or taking levels of such
land or buildings,
(ii) dig or bore into the sub-soil,
(iii) setting out boundaries and intended line of work,
(iv) making such levelsboundaries and lines by placing
mark, or
(v) doing any other thing necessary for efficient
administration of this Act. '
(2) Power of entry is strictly accompanied by the following
conditions, namely:-
(i) no such entry shall be made (unless with the consent
’ of the occupier thereof), without giving such
occupier at least 24 hours’ notice in writing of the
intention to enter;
(ii) no such entry shall be made except between the
hours of sunrise and sunset;
(iii) sufficient opportunity is given in every instance to
enable women to withdraw from land or building;
89
_9 --,(9=-=O~) ~'_'____'___'___'_'____'_____'!'___I\Jj_'__-_~'___'_'___, -<"\Jf1",,--2_9-,-, _20_1_8 __ ~_4 (Cf>} .
(iv) so far as compatible with the exigencies of the
purpose for which the entry is made, due regard is
given to the social and religious usages of the
occupants of the land or building entered.
65. Service of notice or order.- (1) All notices ami orders
required under this Act or any rule made thereunder to be served
upon any person shall be deemed to be duly served on condition
that-
(i) where the document is to be served on a
Government department, railway, local authority,
statutory authority, company, corporation, -society
or other body, if the document is addressed to the
head of the Govemment Department, General
Manager of the Railway, Secretary or principal
officer of the local authority, statutory authority,
company, corporation, society or any other body at
its principal branch, local or registered office, as the
case may be, and is either-
(a) sent by registered post to such office; or
(b) delivered at such office;
(ii) where the person to be served is a partnership, if the
document is addressed to the partnership at its
principal place of business, identifying it by the
name or style under which its business is carried on,
and is either-
(a) sent by registered post to such place of
business; or
(b) delivered at the said place of business;
(iii) in any other case, if the document is addressed to
the person to be served and-
(a) is given or tendered to him; or
(b) if such person cannot be found, is affixed on
some conspicuous part of his last known place
of residence' or business, or is given or tendered
to some adult member of his family; or
(c) is affixed on some conspicuous part of the land
or building to which it relates; or
(d) is sent by registered post to that person; ~r
(e) published in newspaper in prescribed manner.
9 (90)
W VET—EH, GE! 29, 2018 WT 4 (25) '
(iV)
so far as compatible with the exigencies of the
purpose for which the entry is made, due regard is
given to the social and religious usages of the
occupants of the land or building entered.
65. Service of notice or order.- (1) All notices and orders
required under this Act or any rule made thereunder to be served
upon any person shall be deemed to be duly served on condition
that-
(i)
(ii)
(iii)
where the document is to be served on a
Government department, railway, local authority,
statutory authority, company, corporation, society
or other body, if the document is addressed to the
head of the Government Department, General
Manager of the Railway, Secretary or principal
officer of the local authority, statutory authority,
company, corporation, society or any other body at
its principal branch, local or registered office, as the
case may be, and is either-
(a) sent by registered post to such office; or
(b) delivered at such office;
where the person to be served is a partnership, if the
document is addressed to the partnership at its
principal place of business, identifying it by the
name or style under which its business is carried on,
and is either-
(a) sent by registered post to such place of
business; or _
(b) delivered at the said place of business;
in any other case, if the document is addressed to
the person to be served and-
(a) is given or tendered to him; or
(b) if such person cannot be found, is affixed on
some conspicuous part of his last known place
of residence or business, or is given or tendered
to some adult member of his family; or
(c) is affixed on some conspicuous part of the land
or building to which it relates; or
(d) is sent by registered post to that person; or
(e) published in newspaper in prescribed manner.
90
(2) Any document which is required or authorised to be
served on the owner or occupier of any land or building may be
addressed to the "the owner" or "the occupier", as the case may be,
of that land or building (naming or describing that land or
building) without any further name or description, and shall be
deemed to be duly served under the condition where -
(i) if the document so addressed is sent or delivered in
accordance with sub-clause (a) of clause (iii) of sub-
section (1); or
(ii) if the document so addressed or a copy thereof so
addressed is delivered to some person on the land or
building.
(3) Where a document is served on a partnership in
accordance with this section, the document shall be deemed to be
served on each partner.
(4) For the purpose of enabling any documents to be 'served
on the owner of any property, the appropriate authority or the Land
Pooling Officer or any other authorised officer may by notice in
writing require the occupier, if any, of the property to state .the
name and address of the owner thereof.
(5) Where the person on whom a document is to be served
is a minor, then service upon his guardian or any adult member of
his family shall be deemed to be service upon the minor.
66. Public notice.- Every public notice given under this
Act or rules made thereunder shall be in writing under the
signature of the officer of the appropriate authority who may be
authorised in this behalf or Land Pooling Officer and shall be
widely made known in the locality to be affected thereby by
affixing copies thereof in conspicuous public places within the said
locality, or by publishing the same by advertisement in one or
more local newspapers and by such other means as the Appropriate
Authority or Land Pooling Officer thinks fit.
67. Authentication of orders and documents.- All
permissions, orders,' decisions, notices and other documents shall
be authenticated, by the signature of the Officer authorized by the
appropriate authority or Land Pooling Officer in this behalf.
68. Reasonable Time.- Where any notice, order, or other
am 4 (w) W WET—U51, 51:1 29, 2018 9(9_1)
(2) Any document which is required or authorised to be
served on the owner or occupier of any land or building may be
addressed to the “the owner” or “the occupier”, as the case may be,
of that land or building (naming or describing that land or
building) without any further name or description, and shall be
deemed to be duly served under the condition where -
(i) if the document so addressed is sent or delivered in
accordance with sub«clfiuse (a) of clause (iii) of sub-
section (3); or
(ii) if the document so addressed or a copy thereof so
addressed is delivered to some person on the land or
building.
(3) Where a document is served on a partnership in
accordance with this section, the document shall be deemed to be
served on each partner. '
(4) For the purpose of enabling any documents to be served
on the owner of any property, the appropriate authority or the Land
Pooling Officer or any other authorised officer may by notice in
writing require the occupier, if any, of the property to state .the
name and address of the owner thereof.
(5) Where the person on whom a document is to be served
is a minor, then service upon his guardian or any adult member of
his family shall be deemed to be service upon the minor.
66. Public notice.- Every public notice given under this
Act or rules made thereunder shall be in writing under the
signature of the officer of the appropriate authority who may be
authorised in this behalf or Land Pooling Officer and shall be
widely made known in the locality to be affected thereby by
affixing copies thereof in conspicuous public places within the said
locality. or by publishing the same by advertisement in one or
more local newspapers and by such other means as the Appropriate
Authority or Land Pooling Officer thinks fit.
67. Authentication of orders and documents.- All
permissions, orders,-decisions, notices and other documents shall
be authenticated, by the signature of the Officer authorized by the
appropriate authority or Land Pooling Officer in this behalf.
68. Reasonable Time.- Where any notice, order, or other
91
document issued under this Act or any rule made thereunder,
requires action for which no time is fixed in this Act or any rule
made thereunder, the notice, order or other document shall specify
a reasonable time for doing the same. .
69. Members and officers to be public servants.- Every
member and every officer and other employee of the appropriate
authority or the Land Pooling Officer shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act No. 45 of 1860).
70. Protection of action taken in good faith.- No suit,
prosecution or other legal proceedings shall lie against any person
for anything which is in good faith done or intended to be done
under this Act or any rule made thereunder.
71. Control by State. Government.- The Land Pooling
Officer and appropriate authority shall carry out such directions or
instructions as may be issued from time to time by the State
Government for the efficient implementation of this Act.
72. Effect of other laws.-Save as otherwise provided, the
provisicns of this Act and the rules made thereunder shall have
overriding effect notwithstanding anything inconsistent therewith
contained in any other Rajasthan laws.
73. Power to make rules.- (1) The State Government may,
by notification in the Official Gazette, make rules to carry out the
provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as
may be, after they are so made, before the House of the State
Legislature, while it is in session, for a period not less than
fourteen days which may be comprised in one session or in two
successive sessions and, if before the expiry of the session in
which they are so laid or of session immediately following the
House of the State Legislature makes any modification in any such
rules or resolves that any such rules should not be made, such rules
shall, thereafter, have effect only in such modified form or be of no
effect, as the case may be, so however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done thereunder.
74. Power to make regulations> (1) An appropriate
authority may, with the previous approval of the State
9 (92) W rim—W, 613 29, 2018 'HT‘T 4 (25)
document issued under this Act or any rule made thereunder,
requires action for which no time is fixed in this Act or any rule
made thereunder, the notice, order or other document shall specify
a reasonable time for doing the same. ‘
69. Members and officers to be public servants.- Every
member and every officer and other employee of the appropriate
authority or the Land Pooling Officer shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act No. 45 of 1860).
70. Protection of action taken in good faith.— No suit,
prosecution or other legal proceedings shall lie against any person
for anything which is in good faith done or intended to be done
under this Act or any rule made thereunder.
71. Control by State 'Government.- The Land Pooling
Officer and appropriate authority shall carry out'such directions or
instructions as may be issued from time to time by the State
Government for the efficient implementation of this Act.
72. Effect of other laws-Save as otherwise provided, the
provisions of this Act and the rules made thereunder shall have
overriding effect notwithstanding anything inconsistent therewith
contained in any other Rajasthan laws.
73. Power to make rules.- (1) The State Government may,
by notification in the Official Gazette, make rules to carry out the
provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as
may be, after they are so made, before the House of the State
Legislature, while it is in session, for a period not less than
fourteen days which may be comprised in one session or in two
successive sessions and, if before the expiry of the session in
which they are so laid or of session immediately following the
House of the State Legislature makes any modification in any such
rules or resolves that any such rules should not be made, such rules
shall, thereafter, have effect only in such modified form or be of no
effect, as the case may be, so however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done thereunder.
74. Power to make regulations” . (1) An appropriate
authority may, with the previous approval of the State
92
1WT 4 (cp) ~ Xl\Jf-~, SiB 29, 2018 9(93)
Government, make regulations, consistent with this Act and the
rules made thereunder, for all other matters for which provision is,
in the opinion of the authority, necessary for the exercise of its
powers and discharge of its functions and duties under this Act.
(2) No regulations made by an' appropriate authority under
sub-section (1) shall take effect unless it is published in the Official
Gazette.
(3) The State Government may at anytime by notification
in the Official Gazette, repeal wholly or in part or modify any
regulation made by the appropriate authority provided that before
taking any action under the sub-section the State Government shall
communicate to the authority the ground on which it proposes to
do so, fix a reasonable period for the appropriate authority to show
cause against the proposal and consider the explanation and
objections if any, of the appropriate authority.
(4) The repeal or modification of any regulation shall take
effect from the date of publication of the notification under sub-
section (3) in the Official Gazette and shall not affect anything
done or omitted or suffered before such date.
<R~lq"l{ ~ ~rcm,
Principal Secretary to the Government.
Government Central Press, Jaipur.
1m 4 (25) W YET—W, GE 29, 2018 9(93) _
Government, make regulations, consistent with this Act and the
rules made thereunder, for all other matters for which provision is,
in the opinion of the authority, necessary for the exercise of its
powers and discharge of its functions and duties under this Act.
(2) No regulations made by an appropriate authority under
sub-section (1) shall take effect unless it is published in the Oflicial
Gazette. '
(3) The State Government may at anytime by notification
in the Official Gazette, repeal wholly or in part or modify any
regulation made by the appropriate authority provided that before
taking any action under the sub-section the State Government shall
communicate to the authority the ground on which it proposes to
do so, fix a reasonable period for the appropriate authority to show
cause against the proposal and consider the explanation and
objections if any, of the appropriate authority.
(4) The repeal or modification of any regulation shall take
effect from the date of publication of the notification under sub-
section (3) in the Official Gazette and shall not affect anything
done or omitted or suffered before such date.
mmqm‘r,
Principal Secretary to the Government.
93
Government Central Press, Jaipur.
93