State of Rajasthan - Act
Rajasthan Land Revenue (Conversion of agricultural land for non-agricultural purposes, in rural areas) Rules, 2007
RAJASTHAN
India
India
Rajasthan Land Revenue (Conversion of agricultural land for non-agricultural purposes, in rural areas) Rules, 2007
Rule RAJASTHAN-LAND-REVENUE-CONVERSION-OF-AGRICULTURAL-LAND-FOR-NON-AGRICULTURAL-PURPOSES-IN-RURAL-AREAS-RULES-2007 of 2007
- Published on 2 April 2007
- Commenced on 2 April 2007
- [This is the version of this document from 2 April 2007.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definition.
3. Purposes for which Agricultural land may be converted.
- Any agricultural land held in the Khatedari tenancy of the applicant, may be converted in rural area for the following purposes-4. Land for which conversion not to be permitted.
- No permission shall be granted for conversion, of the -5. Conversion for Dwelling House, cattle-shed or Store-house without conversion charges.
- A Khatedar tenant shall be entitles to convert his agricultural holding for construction of a dwelling house or cattle shed or store house on an area not exceeding 500 Sq. mts. without any conversion charges payable under rule 7. The area so converted shall continue to be in his khatedari tenant.6. [ Use of khatedari land for establishment of small scale industries and kjawa etc. [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
- Notwithstanding anything contained in these rules, no permission for conversion shall be required where a Khatedar tenant desires to establish micro, small scale industrial unit, kjawa (small brick kiln) or desires to use of land for the purpose of institutional, medical facilities or public utility on his own khatedari land upto an area not exceeding one acre. The area so used shall continue to be in his khatedari.]6A. [ Use of Khatedari land for Agri-business activity. [Inserted vide Notification No. F. 6(6) Revenue 6/92/Part/24 dated 14.12.2010, Published in Rajasthan Gazette Part (IV)(C) dated 29.12.2010.]
- Notwithstanding anything contained in these rules, a khatedar tenant may use upto 5% area of his khatedari land for Agri-business activities and such activities shall be treated as agricultural operation and no conversion shall be required. The area so used shall continue to be in his khatedari.]7. Conversion charges.
- The premium payable for conversion of agricultural land for non-agricultural purposes, fro the area not [covered by Rule 5, 6, 6-A 6-B & 6-C] [Substituted 'covered by rule 5 and 6,' by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).] shall be as under:| [Purpose [Substituted by Notification No. G.S.R. 175, dated 16.1.2012 (w.e.f. 5.4.2007).] | Rate |
| (i) Residential unit | Rs. 5/- per sq. mts. or 5% amount of the DLC rate of agriculture land or 5% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (ii) Residential Colony/Project | Rs. 7.50 per sq. mtrs. or 7.5% amount of the DLC rate of agriculture land or 7.5% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (iii) Commercial purpose | Rs. 107/- per sq. mts. or 10% amount of the DLC rate of agriculture land or 10% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (iv) Industrial Area/Industrial purpose/ Industrial Estate | Rs.5/- per sq. mts. or 5% amount of the DLC rate of agriculture land, or 5% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (v) Salt manufacturing purpose | Rs.0.50 per sq. mts. or 0.5% amount of the DLC rate of agriculture land, or 0.5% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (vi) Public Utility purpose | Without premium up to 10,000 sq. meters and Rs. 5/- per sq. meters or 5% of DLC rate or 5% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, for area exceeding 10,000 sq. meters, whichever is higher. |
| (vii) Institutional purpose | Rs.5/- per sq. meters or 10% of DLC rate of agricultural land or 10% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher |
| (viii) Medical Facilities. | Rs. 10/- per sq. meters or 10% of DLC rate of agriculture land or 10% amount of the purchase rate of that agricultural land as mentioned in registered sale deed, if any, whichever is higher. |
| (ix) For development of SEZ | Rs. 100/- (irrespective of the area of land.) |
| (x) Agri-processing and Agri-business unit | 50% of rate as prescribed for industrial purpose. |
| (xi) Solar Power Plant. | 10% of the rate as prescribed for industrial purpose.] |
8. Exemption of conversion charges.
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] |
| 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 |
9A. [ Tatkal conversion. [Inserted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
10. Change in purpose of Conversion.
- [(1) If a person, after the issue of conversion order under Rule 9 for any specific purpose, intends to use it other non-agricultural purpose, he may submit an application online or in physical format in Form-C along with a copy of receipt as proof of deposit of the payment of the difference amount of conversion charges, if any. If application is submitted online then hard copy of complete application shall also be required to produce within 7 days to the prescribed authority.] [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]11. [ Transfer of land converted for Non-Agricultural purpose. [Substituted by Notification No. G.S.R. 175, dated 16.1.2012 (w.e.f. 5.4.2007).]
- Any land duly converted for any non-agricultural purpose under these rules, may be transferred:Provided that any transfer made without permission from the prescribed authority prior to commencement of the Rajasthan Land Revenue (Conversion of agricultural land for non-agricultural purposes in rural areas) (Amendment) Rules, 2012 may be regularized by the prescribed authority on application made by the transferee along with payment of 25% of the conversion charges.]12. [ Entry in revenue record after conversion. [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
13. Regularization of unlawful conversion.
14. [ Use of land after conversion. [Rule 14 substituted vide Notification No. F. 9(32) Rev-6/2009/4 dated 19.1.2010, Published in Rajasthan Gazette Part IV(C) I dated 10.6.2010.]
- 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 or such longer period as the State Government may prescribe keeping in view of nature of the project and the quantum of investment required to be made in the completion of the project failing which the conversion order shall be withdrawn and the amount of conversion charges deposited shall be forfeited to the State Government:Provided that the said period of two years or the period prescribed by the State Government, as the case may be, may be further extended by the State Government if the State Government is satisfied about the reason on account of which the land could not be utilised the prescribed period:][Provided that if any person fails to use of land for such converted purpose within the period stipulated above, then the period may be extended by the Collector for next five years on payment of twenty five percent amount of the conversion charges prevailing at the time of extension of such land by him. If the land is not used for the said non-agricultural purpose within such extended period the conversion order shall be withdrawn] [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).][Provided also that if any person who got converted his agricultural land after the commencement of these rules fails to use land within prescribed period or extended period and such period is lapsed before 16th January, 2012 and the conversion order has not been withdrawn, the period may be extended by the Collector for next five years on payment of twenty five percent amount of the conversion charges prevailing at the time of extension of such land by the such person. The period shall be counted from the date of commencement of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-agricultural Purposes in Rural Areas) (Amendment) Rules, 2012. If he desires to further extension of the period, the Collector may, after charging hundred percent amount of conversion charges prevailing at the time extension, extend the period for another five years:Provided also that any person who got converted his agricultural land under the Rajasthan Land Revenue (Conversion of Agriculture Land for Non-agriculture Purposes in Rural Areas) Rules, 1992 and fails to use such land within two years from the date of issue of conversion order or within extended period and the conversion order has not been withdrawn, may apply to the Collector within six months from the date of commencement of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) (Second Amendment) Rules, 2016 for extension of period. The Collector may, after such inquiry as he deems fit, extend period upto two years after charging hundred percent amount of conversion charges prevailing at the time of extension.] [Added by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]14A. [ Refund of conversion charges. [Inserted by Notification No. G.S.R. 175, dated 16.1.2012 (w.e.f. 5.4.2007).]
- No conversion charges shall be refunded except where application of conversion is rejected or the applicant withdraws his application before issuing conversion orders. In such cases 5% administration charges shall be deducted, from the amount deposited for conversion charges.]15. Eviction of Trespasser.
- A person, using any land ,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 Rajasthan Land Revenue Act, 1956.16. Interest.
- A person, who fails to deposit the amount of conversion charges within the time specified by the prescribed authority shall be liable to pay interest at the rate of twelve. percent per annum from the expiry of such period.17. Deposit of conversion charges or penalty or interest.
- The amount of conversion charges or interest shall be deposited under the relevant revenue receipt head of the State Government, applicable from time to time, by a challan in a treasury or bank handling Government business.18. [ Payment of conversion charges to Gram Panchayat. [Substituted by Notification No. G.S.R. 175, dated 16.1.2012 (w.e.f. 5.4.2007).]
- The conversion charge deposited under these rules may be paid by the State Government to the Gram Panchayat concerned, at the end of financial year.]19. Recovery of arrears.
- An arrear of conversion charges or interest, outstanding against a person under these rules, shall be recoverable as arrears of the land revenue under the Rajasthan Land Revenue Act. 1956 (Act No.15 of 1956).19A. [ Check list. [Inserted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]
- After receiving of application in Form-A, a check list shall be prepared in Form-F.19B. Layout plan and building plan.
- After issuing of conversion order in Form-B, the lay out plan and building plan shall be followed as prescribed in Form-G.]20. Repeal and Saving.
- The Rajasthan Land Revenue (Conversion of Agriculture Land for non-agriculture purposes in Rural Area) Rules, 1992 are hereby repealed:Provided that such repeal shall not affect any order made, action taken, effects and consequences of anything done or suffered there under or any right, title, privilege, obligations or liability already acquired, accrued or incurred there under or any enquiry conducted, verification made or proceedings taken in respect thereof.[Form-A [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]][See rule - 9(1)]Application for Conversion of Agricultural Land for Non-Agricultural PurposeToThe Prescribed Authority(State Government/District Collector/Sub-divisional Officer/Tehsildar)________________________________________________________Sir.I/We hereby apply under rule 9 of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural purposes in Rural Areas) Rules, 2007 for the conversion of agricultural land held in my/our khatedari tenancy for non-agricultural purpose, the particulars whereof are given here/under:1. Name/Names of tenant or co-tenants
2. Aadhar Number
3. Bhamashah number
4. father's/husband's name
5. Address with mobile number
6. E-mail ID (if any) -
7. Whether the applicant is a member of SC/ST (Yes/No)
8. Details of the land sought to be converted:
9. Area (In hectare or sq.mt.) applied for conversion indicating the exact location of such area in the revenue map
Note. - (i) Enclose self attested copy of the relevant part of the revenue map, showing the land sought to be converted in red ink.10. Purpose of conversion...........................................
11. Whether the application is submitted for regularization of the construction made prior to coming into force of these Rules.
12. Rate of conversion charges payable.
13. No. and date of the challan
14. Amount deposited
(Enclose copy of challan)* Minimum amount to be deposited as prescribed in Rule 715. Any other relevant information.
I/We hereby certify that the above particulars are correct according to my/our knowledge and belief.Yours faithfully,Signature/s of ApplicantPlace:Dated:AcknowledgmentName of applicant ..............................Receipt No. ........................Date ..............................................Khasra number.........................in village...............Tehsil..................District............Form-B[See rule 9(3), (4) (6)]Office Of Prescribed Authority (State Government/district Collector/S.D.O./tehsildar)| No. | Date: |
1. Names of applicant khatedar/tenants with father's/ husband's name and complete address.
2. Whether the applicant is a member of SC/ST.
3. Details of the land converted:
4. Purpose of conversion.
5. Rate of conversion charges payable.
6. Amount of premium deposited with No. and date of challan.
7. Amount of penalty deposited, if any, with date and no. of challan.
8. Amount of interest deposited, if any, with date and No. of challan.
9. Whether the order issued under Rule 13 for regularization.
10. Other particulars, if any.
11. The above conversion order shall be subject to the following conditions:-
| No. | Date: |
1. The District Collector ................
2. Gram Panchayat ..................
3. The applicant Shri ....................
Signature of the PrescribedAuthority[Form-C [Substituted by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).]](See rule 10)Application for Change in Purposes of ConversionToThe Prescribed Authority(The State Government/District Collector/Sub-divisional Officer/Tehsildar)Sir,I/We hereby apply under Rule 10 of the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purpose in Rural Areas) Rules, 2007 for change in purpose of conversion from ................. (purpose) ..................... to (purpose) ........... the particulars whereof are given here under:1. Name/Names of tenant or co-tenants
2. Aadhar number
3. Bhamashah number
4. Father's/husband's name
5. Address with mobile number
6. E-mail ID (if any)
7. No. and date of original conversion order
(Note. - Enclose a photo copy of the order).8. Purpose for which the land was converted.
9. Revised purpose of conversion.
10. Details of the land, the purpose of which is sought to be changed:
11. Area (in sq. mtrs.) sought to be converted for revised purpose, indicating the exact location of such area in the map.
Note: Enclose self attested copies of relevant part of the revenue map).To be filled by office concerned1. Rate of conversion payable for the original conversion.
2. Rate of conversion payable for the revised conversion.
3. Amount of difference of conversion.
4. No. and date of the challan depositing difference amount of premium (Note: Enclose original copy of challan).
5. Any other relevant information.
I/We hereby certify that the above particulars are correct according to my/our knowledge and belief.| Place:Date: | Your faithfully,Signature of ApplicantName of Applicant |
| No. | Dated: |
1. Name/Names of tenant or co-tenants:
2. Aadhar number:
3. Bhamashah number
4. Father's husband's name:
5. Address with mobile number
6. E-mail ID (if any)
7. Whether the applicant is a member of SC/ST.:
8. Purpose of original conversion indicating the Number and date of the order.
9. Revised Purpose of conversion.
10. Details of the land converted:
11. Rate of conversion payable on original conversion.
12. Amount of premium deposited with original
13. Amount of penalty deposited, if any. with date No. of challan.
14. Amount of interest deposited, if any, with date and No. of challan.
15. Other particulars, if any
16. The above conversion order shall be subject to the following conditions:-
| No. | Date: ....................... |
1. The District Collector..................
2. Gram Panchayat.......................
3. The Applicant Shri..........................
Signature of thePrescribed Authority.[Form-F] [Added by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).][See Rule 19-A]Check ListThe report prepared by the Office of Tehsildar on the application submitted under the Rajasthan Land Revenue (Conversion of Agricultural Land to Non-agricultural Purposes in Rural Areas) Rules, 2007 in the following format: -1. Name of khateadar father's name: -
2. Village Tehsil District: -
3. Date of application: -
4. Khasra number with area: -
5. Soil classification: -
6. Whether land is affected by Master plan/urban area/Peripheral area or not:-
7. Purpose of conversion: -
8. Whether application is submitted in Form A (agricultural land) or in Form C (for earlier converted land):-
9. Whether land proposed is restricted under Rule 4, if yes details thereof: -
10. Whether proposed land as used by tank bed, river, nala, lake or any way or not: -
11. Details of area sought for conversion: -
| Challan No. | Date | Amount | head |
12. Proposal of Tehsildar: -
1. Latest copy of jamabandi: -
2. Revenue map (including approach way and showing activities happening nearby: -
3. Proposed lay out plan including roads and facilities area shown (40 percent area should be left for road and facility purpose) by enclosing affidavit (in case of residential project/industrial project: -
4. Site report (parcha moka): -
5. Patwari report in prescribed format: -
6. Distance of proposed land from: -
7. Situation of land on spot: -
8. whether there is any construction on proposed land or not. If construction exists the area so used: -
9. Proposed penalty on construction made without approval: -
10. whether proposed land is under acquisition or not, details thereof. -
11. whether applicant is holding land in excess of ceiling limit, if yes the area of land.
12. whether the applicant has converted his khatadari land previously? If yes then: -
13. Lay out plan map placing on khasra number: -
14. Approach road shall be shown in layout plan or the khatedar using the road for last 10 years on khatedari land: -
15. Whether the proposed roads width is according to guidelines or not: -
16. If any high tension line is running on the khatedari land, may be shown in the layout plan shall be distinguished (the area for the purpose of high tension line is used not liable to convert): -
17. Whether any case is pending before any court of law for the proposed land if yes details thereof: -
18. Proposed lands distance from the railway line or railway land: -
19. Whether any health hazardous industry is running near the proposed land, if yes the distance from the land: -
Verification and recommendation of prescribed authorityAll the above mentioned facts are verified from records. Accordingly .the case is recommended for conversion/regularizationTehsildar/Sub Divisional Officer/District Collector[Form-G] [Added by Notification No. G.S.R. 51, dated 17.10.2016 (w.e.f. 5.4.2007).][See Rule 19-B]Procedure for layout plan and building plan approvalIn rural areas for conversion of agricultural land into non-agricultural purposes the following procedure shall be adopted for layout plan and building plan as required in the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007: -1. For residential colony/project/ industrial area/industrial estate layout plan shall be approved by the Committee headed by Collector under Rule 9 of Rules, 2007.
Provided that in the matters where the prescribe authority is the State Government the layout plan shall be submitted by the applicant to the Collector concerned and the layout plan shall be approved by the committee headed by the Collector constituted under Rule 9 of Rules, 2007.2. The building plan approval is necessary for residential unit for an area of 500 square meters and above. The copy of building plan shall be submitted in the office of prescribed authority. Besides this in the matter of residential unit of 300 square meters or above the water harvesting management system shall also be made.
3. The building plan shall be approved as per the prevalent norms/guidelines of nearest Nagar Nigam/Nagar Parishad/Nagar Palika/UIT/Development Authority bye-laws of proposed land.
4. In the matter of 500 square meters area or above for residential unit/residential colony project industrial area/industrial estate/commercial and institutional purpose of the building plan approval shall be issued after the technical advice, obtained from the Town Planner of the State Town Planning Department.
5. In the matter of rural areas of the Districts, which are included in the National Capital Region the building plan approval shall be issued after obtaining technical approval from the Senior Town Planner (NCR). After the technical advice building plan approval shall be given as per the norms/guidelines of Nagar Nigam/Nagar Parishad/Nagar Palika/UIT/Development Authority situated in the vicinity of proposed land.
6. The building plan shall be approved by the prescribed authority within sixty days from the date of receipt of application. In case the building plan is not approved within specified period, the applicant will give 30 days notice to the Prescribed Authority. If building plan is not approved by the Prescribed Authority it shall be deemed to be approved and the applicant may construct as per the bye-laws.
7. The applicant will submit his building plan and relevant papers to the prescribed authority. In case the building plan is approved on misrepresentation or false grounds, the Prescribe Authority may cancel the approval at anytime. The applicant shall wholly responsible and if any amount deposited in this regard, shall be forfeited by the authority.
8. The amount of fees for approval of building plan shall be calculated as per bye-laws of the nearest Nagar Nigam Nagar, Parishad, Nagar Palika/UIT, Development Authority and shall deposit in Revenue Head of Revenue Department.
Notifications| 1 | District Collector | : Chairman, |
| 2 | A.D.M. (Administration) | : Member Secretary. |
| 3 | S.D.O. of the concerned sub-division of theDistrict | : Member |
| 4 | Executive Engineer posted in Zile Parishad | : Member |
| 5 | Zonal Senior Town Planner/Deputy Town Planner ofTown Planning Department | : Member |