State of Rajasthan - Act
The Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 1992
RAJASTHAN
India
India
The Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 1992
Rule THE-RAJASTHAN-LAND-REVENUE-CONVERSION-OF-AGRICULTURAL-LAND-FOR-NON-AGRICULTURAL-PURPOSES-IN-RURAL-AREAS-RULES-1992 of 1992
- Published on 27 April 1992
- Commenced on 27 April 1992
- [This is the version of this document from 27 April 1992.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Interpretation.
3. Purposes for which Agricultural land may be converted.
- Any cultural land held in the Khatedari tenancy of the applicant, may be converted, subject to the land use shown in the Master Plan, or the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, as may be applicable, for one or more of the following purposes:4. Land for which conversion not to be permitted.
- No permission granted for conversion of the-5. Conversion for Dwelling House, Cattle-shed or Store-house without premium.
- A Khatedar tenant shall be entitled to convert his agricultural holding for construction of a dwelling house or cattle shed or store house on an area not exceeding 500 sq. meters, without any premium payable under rule 6. The area so converted shall continue to be in his khatedari tenant.5A. [ Use of Khatedari land for establishment of small scale Industries. [Inserted by Notification No. G.S.R. 23, dated 21.5.2001 (w.e.f. 28.4.1992).]
- Notwithstanding anything contained in these rules no permission for conversion shall be required where a Khatedar tenant establishes a small scale industrial unit on his own Khatedari land upto an area not exceeding 1000 sq. meters. The area so used shall continue to be in his Khatedari.]6. Premium.
- The premium payable for conversion of agricultural land for non-agricultural purposes, for the area not covered by rule 5, shall be as under:| Rate | ||
| (i) | Residential purpose: | |
| (a) For a village having a population of not more than 5000persons. | [Re. 1/- per sq. mtr. for an area upto 2000 sq. metres and Rs.2/- per sq. mtr. for an area in excess of 2000 sq. mtrs.] [Substituted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.] | |
| (b) For a village having a population of more than 5000persons. | [Rs. 2/- per sq. mtr. for an area upto 2000 sq. mtrs. and Rs.4/- per sq. mtr. for an area in excess of 2000 sq. mtrs.] [Substituted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.] | |
| (ii) | Commercial purpose | Four times of the rate prescribed in[clause (i) above for anarea upto 200 sq. mtrs. and eight times of the rate prescribed inclause (i) above for an area in excess of 200 sq. mtrs.] [Substituted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.] |
| (iii) | Industrial purpose or Industrial area | Re. 1/- per sq. mtr. |
| (iv) | Salt manufacturing purpose | Rs. 1000/-for every hectare of land or part thereof. |
| (v) | Public utility purpose | Without premium. |
| [Medical facilities of following categories.-] [Inserted by No. G.S.R. 50, Dated 20-8-96; published in Rajasthan Gazette Part 4(Ga), Dated 27-8-96, p. 101(3).] |
| Category A | |
| Charitable institution willing to install at least one advanceddiagnostic for curative plant/ equipment from within the listapproved by the Government of Rajasthan from time to time orprovide some medical facility for advanced medical services orsuper speciality as per the plan approved by the State Government. | Re. l/-per sq. yd. |
| Category B | |
| Charitable institutions not covered under category 'A' | Re. 1/- per sq. yd. |
| Category C | |
| Institution willing to set up speciality hospitals inspecialities approved by the Government for a particular area. | Re. 1/- sq. yd. |
| Category D | |
| Nursing homes, hospitals, diagnostic centres, clinics anddispensaries run on commercial lands and not covered by othercategories.] | Rs. 3/- per sq. yd. |
7. Exemption of premium.
8. Application for permission.
- [(1) A Khatedar tenant, seeking permission for conversion of Agricultural land for any non- agricultural purpose shall submit an application complete in all respects in Form-A, alongwith the documents prescribed therein and a copy of challan, indicating the amount of premium deposited to the prescribed authority as under] [Substituted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.]-| Purpose of Conversion | Prescribed Authority | ||
| (a) | Residential purpose | (i) | Tehsildar, where the area does not exceed 2000 sq. metres. |
| (ii) | Sub-Divisional Officer, where the area does not exceed 4000sq. metres. | ||
| (iii) | Collector, where the area exceeds 4000 sq. metres. | ||
| (b) | Commercial purpose | (i) | Sub-Divisional Officer, excluding Hotel. Resort, Cinema.Petrol-pump. Weigh-bridge purposes. |
| (ii) | Collector for petrol-pump, weighbridge purposes. | ||
| (iii) | State Government-for hotel, resort, cinema purposes. | ||
| (c) | Salt manufacturing purposes. | (i) | Tehsildar, where the area does not exceed 3 hectres. |
| (ii) | Sub-Divisional Officer, where the area exceeds 3 hectres. | ||
| (d) | Industrial purpose or Industrial area | (i) | Tehsildar. where the area does not exceed 1000 sq. metres. |
| (ii) | Sub-Divisional Officer, where the area does not exceed 1hectre. | ||
| (iii) | District Collector, where the area does not exceed 20 hectres. | ||
| (iv) | Divisional Commissioner where the area does not exceed 30hectres. | ||
| (v) | State Government through the Collector where the area exceeds30 hectres: |
| (e) | Public Utility Purpose | Sub-Divisional Officer |
| (f) [ [Inserted by No. G.S.R. 50, Dated 20-8-96; published in Rajasthan Gazette Part 4(Ga), Dated 27-8-96, p. 101(3).] | Medical facilities | State Government through the Collector who shall make necessaryverification and enquiry and shall hereafter forward all relevantmaterial as well as the original application to the StateGovernment] |
9. Change in Purpose of Conversion.
10. Transfer of Land converted for Non-Agricultural purpose.
- Any land, duly converted for any non-agricultural purpose under these Rules [shall not be transferred within two years of such conversion, after two years such land] [Inserted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.] may be transferred without payment of premium of obtaining permission from the prescribed authority:[Provided that transfer of the land may be made by way of lease or mortgage for the purpose of obtaining loan from the State Government or Land Development Bank as defined in the Rajasthan Cooperative Societies Act, 1965 (Act 13 of 1965) or a Co- operative Society registered or deemed to be registered as such vide said that or any Scheduled Bank or Rajasthan Finance Corporation. Rajasthan State Industrial Development and Investment Corporation Limited or any other initiative notified by the State Government in that behalf.] [Inserted by No. G.S.R. 135, Dated 4-11-96; published in Rajasthan Gazette Part 4(Ga), Dated 13-2-97; p. 249(2).]11. Entries in the Revenue Records.
- The Tehsildar shall, after the issue of conversion order, reduce the area of Khatedari land, [x x x] [Deleted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.] by making necessary entries in the revenue records.12. Regularisation of Conversion.
| (i) | For Residential purpose | |
| For a village having a population of not more 1500 persons. | Rs.3.00 per sq. metre | |
| For a village having a population of more than 1500 but notmore than 3000 persons. | Rs.5.00 per sq. metre | |
| For a village having a population of more than 3000 persons. | Rs. 10.00 per sq. metre | |
| The above rates shall be applicable to actual area of land or300 sq. metre of land encroached upon and converted, whichever isless. | ||
| If the actual area of land encroached upon is beyond 300 sq.metre but nor more than 600 sq.metre the rates for an area beyond300 sq. metre shall be double of the above rates. Noregularisation of land beyond 600 sq.metre, shall be allowed. | ||
| (ii) | For Commercial Purpose. | |
| The rates for commercial purpose for an actual area of land orfor 50 sq. metre metre of land encroached upon and converted,whichever is less, shall be three times of the rate applicable forresidential purpose. For an actual area beyond 50 sq.metre but notmore than 100 sq. metre the rate shall be six times of ratesapplicable for residential purpose. No regularisation of landbeyond 100 sq. metre shall be allowed. | ||
| In the case of persons belonging to scheduled caste orscheduled tribes the rates recoverable shall be half of the ratesfor residential or commercial purpose, as the case may be.] |
13. Use of land after conversion.
- Any agricultural land, converted for a non agricultural purpose, shall be used for such converted purpose within a period of two years from the date of issue of the conversion order failing which the conversion order shall be withdrawn and the amount of premium deposited shall be forfeited to the State Government:[Provided that the said period of two years may be extended by one year by the next higher authority, if such higher authority is satisfied:] [Inserted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.]Provided further that an opportunity of being heard shall be given before passing an order of forfeiture of the premium.14. Eviction of Trespasser.
- A person, using any 1 and in contravention of rule 4 or the land not recorded in his khatedari tenancy, for any non-agricultural purpose, shall be liable to eviction in accordance with the provisions of section 91 of the Act.15. Penalty.
- If a person fails to submit an application within the period specified in sub-rule (1) of rule 12 or has used his khatedari land for any non-agricultural purpose, without obtaining prior permission of the prescribed authority, after commencement of these Rules, such person shall be liable to penalty equal to twenty five per cent of the amount of premium, in addition to the premium payable under rule 6:Provided that an opportunity of being heard shall be given before passing an order of the levy of penalty.16. Interest.
- A person, who fails to deposit the amount the premium or penalty within the time specified by the prescribed authority shall be liable to pay interest at the rate of eighteen per cent per annum from the expiry of such period.17. Deposit of premium or penalty or interest.
- The amount of premium or penalty or interest shall be deposited under the relevant revenue receipt head of the State Government, applicable from time to time, with a challan in a treasury or bank handling Government business.18. Payment of premium to Gram Panchayat.
- One half of the premium money deposited under these Rules shall be given by the State Government to the concerned Gram Panchayat through the Tehsildar at the end of every financial year.19. Recovery of arrears.
- An arrear of premium or penalty or interest, outstanding against a person under these Rules, shall be recoverable as arrears of the land revenue under the Act.20. Repeal and Savings.
1. Name/Names of Khatedar tenant with father's/husband's name and complete address.
2. Whether the applicant is member of SC or ST.
3. Details of the land sought to be converted:
4. Area (in hectare or sq. mt.) applied for conversion, indicating the exact location of such area in the map.
Note: Enclose two certified copies of the relevant part of the revenue map, showing the land sought to be converted in red ink.5. Purpose of conversion.
6. Whether the land is covered by Urban Land (Ceiling an d Regulation) Act, 1976.
7. Whether the land declared surplus under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 or under the repealed Chapter III-B of the Rajasthan Tenancy Act, 1955.
8. Whether the land is under acquisition under the Land Acquisition Act, 1984.
9. Whether the land was allotted to the applicant by the State Government for any specific purpose. If so, give the No. and date of the order.
10. Land use shown in the Master Plan, if applicable.
11. Distance from the Railway line. National Highway. State Highway or any other road or rural path way (in Ft.)
12. Distance from the outer limit, of the Abadi of a village in case of industrial purpose.
13. Whether the application is submitted under rule 12 for regularisation of the construction made prior to coming into force of these Rules.
14. Rate of premium payable.
15. No. and date of the challan making the payment of the premium (Note: Enclose original/copy of the challan).
16. Any other relevant information.
I/We hereby certify that the above particulars are correct according to my/our knowledge and belief.Yours faithfully.Place:Dated:Signature/s of Applicant(Name of Applicant)[Please note the following carefully] [Substituted by No. G.S.R. 84, Dated 1-10-1994; published in Rajasthan Gazette Part 4(Ga), Dated 20-10-94.]-This application shall invariably be accompanied by the following-| Documents required to be enclosed | Documents received | |
| (State full detail and do not tick mark.) | ||
| (a) | Two certified copies of latest Jamabandi. | (a).................... |
| (b) | Two certified copies of relevant portion of the revenue mapshowing the land sought to be converted in red ink. | (b) .............................. |
| (c) | Original/copy of the Challan. | (c) ................... |