(1)If a bhumiswami of land held for any purpose in-(i)urban area or within a radius of five miles from the outer limits of such area;(ii)a village with a population of two thousand or above according to last census; or(iii)in such other areas as the State Government may, by notification, specify;wishes to divert his holding or any part thereof to any other purpose except agriculture, he shall apply for permission to the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] who may, subject to the provisions of this section and to rules made under this Code, refuse permission or grant it on such conditions as he may think fit :Provided that should the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] neglect or omit for three months after the receipt of an application under sub-section (1) to make and deliver to the applicant an order of permission or refusal in respect thereof, and the applicant has by written communication called the attention of the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] to the omission or neglect, and such omission or neglect continues for a further period of one month, the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] shall be deemed to have granted the permission without any condition :[Provided further that if a Bhumiswami of a land, which is reserved for a purpose other than agriculture in the development plan but is used for agriculture, wishes to divert his land or any part thereof to the purpose for which it is reserved in the development plan, or land or any part thereof which is assessed for agricultural purpose and situated in any area other than an area covered by development plan to the purpose of industry, a written information of his intention, given by Bhumiswami to the Competent Authority shall be sufficient and no permission is required for such diversion.] [Substituted by C.G. Act No. 32 of 2013, dated 16.8.2013.][Provided further that it shall be compulsory to establish micro, small and medium industries within a period of three years and within a period of five years in case of major industries, from the date of notice of diversion of land diverted for Industrial purposes. If production after establishment of industry does not start within above mentioned specified period then diversion shall automatically be deemed to have become void:Provided also further that the State Government may, for special reasons to be recorded in writing, extend the said period:] [Inserted by C.G. Act No. 18 of 2015, dated 24.4.2015.]Provided also that if a bhumiswami of a land wishes to divert his land or any part thereof which is assessed for agriculture purpose and situated in any area other than an area covered by development plan to the purpose of industry, a written information of his intention given by bhumiswami to the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] shall be sufficient and no permission is required for such diversion.Provided also that if a competent authority undertakes the work of regularisation of the illegal colony, the land of which is not diverted, then the land, subject to the provisions of development plan, shall be deemed to have been diverted and such land shall be liable for premium and revised land revenue under Section 59.Explanation. - For the purpose of this section the competent authority shall have the same meaning as assigned to it in the Chhattisgarh Nagar Palika (Registration of Coloniser. Terms and Conditions) Rules, 1998 made under the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) and the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961).(2)Permission to divert may be refused by the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] only on the ground that the diversion is likely to cause a public nuisance, or the bhumiswami is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).(3)Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.(4)If any land has been diverted without permission by the bhumiswami or by any other person with or without the consent of the bhumiswami the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding [one thousand rupees] [Substituted 'two hundred rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert had been made.(5)If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] may also impose on such person a penalty not exceeding [one thousand rupees] [Substituted 'two hundred rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] for such contravention, and a further penalty not exceeding [one hundred rupees] [Substituted 'twenty rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] for each day during which such contravention is persisted in.(6)If any person served with the notice under sub-section (5) fails within the period stated in the notice to take the steps ordered by the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] under that sub-section, the [Competent Authority] [Substituted 'Sub-Divisional Officer' by C.G. Act No. 14 of 2011, dated 3.5.2011.] may himself take such steps of cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.[***] [Deleted '(6-a) If any land has been diverted in contravention of sub-section (6-ee) of Section 165, the Sub-Divisional Officer in addition to taking action laid down in sub-sections (5) and (6), shall also impose a penalty not exceeding five thousand rupees for such contravention and a further penalty not exceeding one hundred rupees for each day during which such contravention is persisted in' by C.G. Act No. 32 of 2013, dated 16.8.2013.](7)x x xExplanation I.-Diversion in this section means using land assessed to one purpose under Section 59 to any other purpose mentioned therein but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.Explanation II. - For the purposes of this section the words 'development plan' shall have the same meaning as assigned to it in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).
