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State of Rajasthan - Section

Section 6 in Rajasthan Municipalities (Surrender of Non-Agricultural Land and Grant of Freehold Lease) Rules, 2015

6. Scrutiny, enquiry and disposal of applications.

(1)Within seven days of receipt of an application under Rule 4, the Authorized Officer shall scrutinize it and verify or caused to be verified the contents and facts envisaged in the application and supporting documents, such as, -
(a)holders rights in respect of surrendered land and present use thereof as per record;
(b)report of enquiry, if any, as to whether the land is under acquisition or not;
(c)report on legal issues, if any, on the subject matter;
(d)verification of the indemnity bond, and affidavit, and
(e)any other legal documents, which are found necessary and essential for the disposal of application by the authorized officer.
(2)After the scrutiny of application under sub-rule (1), the Authorized Officer, shall issue public notice of fifteen days in Form-5 calling upon objections of any interested person. The notice shall be exhibited by the Authorized Officer on the notice board of his office, conspicuous place of surrendered land and shall also be published in a State Level newspaper circulating in the areas. Cost of the publication shall be bear by the applicant.
(3)If after scrutiny of application, documents and other details under sub-rule (1), the Authorized officer is of the opinion that any additional information on the subject matter required to be sought, he may require the applicant, within a period of ten days from the receipt of the application, to submit the same and the applicant shall be bound to submit such additional information within ten days, failing which the application may be disposed off ex-party within the next ten days and the Authorized officer shall pass order for accepting or rejecting the application,
(4)The Authorized Officer shall before accepting the surrender of land and granting the permission in Form-6 shall obtain approval of the Chairperson of the Municipality.
(5)In case the Authorized Officer fails to pass an order within the period specified under sub-rule (3), after recording reasons for delay, he shall submit the case within three days to the Officer appointed by the State Government for the purpose, who shall pass the appropriate orders, which shall be binding upon the Municipality. If the officer, so appointed by the State Government, orders for acceptance of the application then the permission shall be granted in Form- 6 by the Authorized Officer within 15 days of receipt of such order.