Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 9 in Rajasthan Land Revenue (Conversion of agricultural land for non-agricultural purposes, in rural areas) Rules, 2007

9. Prescribed Authority for conversion.

- [(1) A khatedar tenant, seeking permission for conversion of agricultural land for any non-agricultural purpose shall submit an application online or in physical format to the authority prescribed below in Form-A along with the documents specified therein and a copy of receipt as proof of the payment of amount of conversion charges. If application is submitted online then hard copy of complete application shall also be required to submit within 7 days to the prescribed authority:
Purpose of Conversion Prescribed Authority
1 2
(a) Residential unit Tehsildar upto 2500 sq. meters.
(b) Residential Colony/project (i)Sub-Divisional Officer.-Where total areadoes not exceed 10,000 square meters
(ii)Collector.-Where total area does not exceedceiling area
iii)State Government.-Where total area exceedsceiling area.
(c) Commercial purpose (i)Sub-Divisional Officer.-Where the total areadoes not exceed 2000 square meters (but excluding cinema, petrolpump, explosive magazine, multiplex, hotel, resort). _
(ii)Collector.-All cases of commercial purposeswhere the total area does not exceed 1.00,000 square meters.
(iii)State Government.-All cases of commercialpurposes where the total area of lands exceeds 1,00,000 squaremeters.
(d) Industrial Area/Industrial purpose (i)Sub-Divisional Officer.-Where total areadoes not exceed 50,000 square meteis (But excluding tourism unit)
(ii)Collector.-Where total area does not exceedceiling area including tourism unit
(iii)State Government.-All cases where thetotal area exceeds ceiling area
(e) Salt manufacturing purpose (i)Sub-Divisional Officer.-Where total areadoes not exceed 2,00,000 square meters
(ii)Collector.-Where total area exceeds2,00,000 square meters.
(f) Public Utility purpose (i)Sub-Divisional Collector.-Where total areadoes not exceed 5000 square meters
(ii)Collector.-Where total area does not exceed1.00.000 square meters
(iii)State Government.-Where total area exceeds1.00.000 square meters
(g) Institutional purpose and Medical facilities (i)Sub-Divisional Officer.-Where the total areadoes not exceed 10,000 square meters
(ii)Collector.-Where total area does not exceed1,00.000 square maters
(iii)State Government.-Where total area exceeds1,00,000 square meters
(h) SEZ State Government
(i) Agro processing or Agri-marketing unit (i)Collector.-Where area does not exceed 100,000 square meters.
(ii)State Government.-Where area exceeds1,00,000 square meters
(j) Solar farm/Solar Plant/Solar Power Plant,Wind Farm/Wind power plant (i)Sub-Divisional Officer.-Where total areadoes not exceed 50,000 square meters.
(ii)Collector.-Where total area does not exceedceiling area
(iii) State Government.-All cases where thetotal area exceeds ceiling area
(k) [ Hydrocarbon exploration [Added by Rajasthan Notification No. G.S.R. 35, dated 24.4.2017 (w.e.f. 5.4.2007).] Collector]
Provided that if residential colonies/projects are being set up on the Khatedari land situated partially under the jurisdiction of urban bodies and its peripheral belt and partially under rural area, then the conversion of Khatedari lands shall be done by the appropriate competent officers authorized by the State Government under Sec. 90-A of the Act and the rate of conversion shall be charged for the whole area according to the rates specified by Urban Development and Housing Department for the Urban areas and the conversion charges charged for the land falling under the rural area shall be deposited in the Government Revenue Head through challan.
(2)For setting up of residential colonies/projects in rural area, 40% of total land shall be reserved for public facilities including roads and remaining 60% land shall be utilized for residential colonies/projects including 50% area of total land for commercial and institutional purpose. The conversion charges at the rate of residential colony/project shall be payable on the total area of the residential colonies/projects. The layout plan/building plan/certificate of completion of the project for residential colony/project/industrial area/ industrial estate in rural areas shall be approved by a committee consisting of the following:-
1 District Collector Chairperson
2 Additional District Collector (Administration) Member-Secretary
3 Sub Divisional Officer concern Member
4 Exclusive Engineer posted in Zila Parishad Member
5 Zonal Senior Town Planner/Deputy Town Plannerof the Town Planning Department Member
The Committee shall approve the lay out plan if it fulfils the conditions mentioned above and it has an approach- way to the project not less than 30 feet in the width and such approved lay out plan shall be part of the conversion order. No lay out plan is required to be approved for any other purpose but the approach road to the proposed land is required :Provided that once an applicant is allowed to covert his land for industrial purpose in a district, he shall be allowed to convert other price of khatedari land for the same industrial purpose or its expansion in the same district only if the existing industry for the same purpose is running :Provided further that no application for conversion shall be required where tenant desires to establish a micro, small scale industrial unit, kjawa (small brick-kiln) or desire to use of land for institutional purpose, medical facilities purpose or public utility purpose on his own khatedari land upto an area not exceeding one acre and such land shall be deemed to have been converted for such a micro, small scale industrial unit, kjawa (small brick kiln), institutional purpose, medical facilities or public utility purpose. No conversion charges shall be payable for such conversion :Provided also that no application for conversion shall be required, if the entire piece of land and building constructed thereon is to be used exclusively for setting up of Information Technology Industry with the permission of Empowered Committee on Investment chaired by the Chief Secretary. However, the conversion charges shall be payable under these rules:Provided also that in case of heritage hotels, if parking arrangement is made available by the owner in premises or elsewhere, the requirement of width of approach road shall not be applicable.] [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
(3)The prescribed authority upto the rank of Collector shall, [within 90 days] [Substituted 'within 45 days' by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).] of the receipt of the completed application along with documents prescribed therein after making necessary enquiry, issue an order of conversion in Form-B or inform the applicant of the rejection of the application or the balance amount of the conversion charges to be deposited:Provided that no such order of conversion or regularisation shall be passed by the prescribed authority where the application relates to agricultural land falling within the revenue villages of Oria, Utaraj, Aorna Jawai, Achalgarh and Salgaon of Tehsil Abu -Road of District Sirohi without prior approval of the State Government.
(4)The prescribed authority shall, within a period of 15 days of the date of receipt of a copy of challan, indicating the aino4nt of balance amount of conversion charges aeposited by the applicant, as intimated under sub-rule (3) issue an order of conversion in Form "B".
(5)[ In case the prescribed authority fails to issue an order under sub-rule (3) or (4) within the specified period, he shall be liable for disciplinary action under relevant rules, where conversion order is to issued by prescribed authority upto the rank of Sub Divisional Officer within the prescribed period and application is complete in all respect then the Collector shall pass necessary order regarding conversion within 30 days and in case prescribed authority is Collector then the Divisional Commissioner shall pass necessary order regarding conversion with 30 days. Such orders shall be deemed to have been passed by the prescribed authority in exercise of its power vested under sub-rule (3) or (4), as the case may be.] [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
(6)In cases where the State Government is the prescribed authority, the State Government may, after the receipt of completed application alongwith documents prescribed therein, after making necessary enquiry issue an order of conversion in form "B" and inform the applicant about rejection of the application or the balance amount of premium. If amount of balance of premium is deposited within 15 days and copy of challan indicating amount of balance of conversion charges submitted to State authority he shall issue an order of conversion in Form 'B'.
(7)[ In areas notified by the State Government as "agro processing regions", for conversion of land for setting up of non-polluting agro-processing industries, no examination shall be required for suitability of land. The conversion order shah be issued after verification of title within two weeks of depositing of requisite conversion charges and documents of title.] [Inserted vide Notification No. F. 6(6) Revenue 6/92/Part/24 dated 14.10.2010, Published in Rajasthan Gazette Part (IVC) dated 29.12.2010.]