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State of Rajasthan - Section

Section 33 in The Rajasthan Land Acquisition Rules, 1956

33. Matters to be provided for in the agreement under section 41.

(1)The terms of the agreement referred to in section 41 of the Act shall also include the following matters, namely ;-
(i)that the Company shall not, except with the previous sanction of the State Government, use the land for any purpose other than that for which it is acquired;
(ii)that the time within which the dwelling houses or amenities directly connected therewith shall be erected or provided, or the building or work shall be constructed or executed, shall not exceed three years from the date of transfer of the land to the company;
(iii)that where the State Government is satisfied, after such enquiry as it may deem necessary, that the Company was prevented by reasons beyond its control from erecting, providing, construction or executing dwelling house or amenities or any building or work within the time specified in the agreement, the State Government may extend the time for that purpose by a period not exceeding one year at a time so however that the total period of extension shall not exceed three years.
(iv)that if the company commits a breach of any of the conditions provided for in the agreement, the State Government may make an order (a) declaring the transfer of the land to the Company as null and void, whereupon the land shall revert back to the State Government; and (b) direction that an amount not exceeding one-fourth of the amount paid by Company to the State Government as the cost of the acquisition under clause (1) of section 41 of the Act shall be forfeited to the State Government as damages and the balance shall be refunded to the Company, and the order so made shall be final and binding;
(v)that if the Company utilise only a portion of the land for the purpose for which it was acquired and the State Government is a satisfied that the Company can continue to utilise the portion of the land used by it even if the unutilised part thereof is resumed, the State Government may make an order declaring the transfer of the land with respect to the unutilised portion thereof as null and void whereupon such unutilised portion shall revert back to the State Government and direction that an amount not exceeding one fourth of such portion of the amount paid by the Company as cost of the acquisition under clause (1) of section 41 of the Act as is relatable to the unutilised portion shall be forfeited to the State Government as damages and that the balance of the portion shall be refunded to the Company and the order so made shall, subject to the provisions of clause (vi) be final and binding;
(vi)that where there is any dispute with regard to the amount relatable to the unutilised portion of the land, such dispute shall be referred to the Court within whose jurisdiction the land or any part thereof is situated and the decision of the Court thereon shall be final.
(2)Where the Company commits a breach of any of the terms of the agreement the State Government shall not make an order under clause (iv) of clause (v) of sub-rule (1) unless the company has been given an opportunity of being heard in the matter.