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State of Rajasthan - Section

Section 173 in Rajasthan Panchayati Raj Rules, 1996

173. Agricultural lands.

(1)The Panchayati Raj Institutions having their own agricultural land, may lease out such lands through public auction.
(2)The Panchayats having mango trees or such other orchards shall also lease them out on annual contract basis through public auction.
(3)The contractors shall be given only for a period of one year for Kharif and Rabi seasons.
(4)Contractor shall vacate the farm and remove the agricultural produce latest by Akshaya Tritya. This fact may be mentioned in the terms of the contract.
(5)A portion of the agricultural farm should be kept reserved for agricultural demonstration and social forestry.
(6)Auction shall be held on a near 15th of May every year in the presence of an auction committee consisting of Chief Executive Officer, Tehsildar and Vikas Adhikari.
(7)While allotting contracts, preference shall be given to Government Departments or organisations, like Rajasthan State Seed Corporation, National Seed Corporation, NAFED etc.[Chapter IXA] [Inserted by Notification No. G.S.R. 137, dated 27.3.2018 (w.e.f. 30.12.1996).] 173A. Change of use of land in abadi area on payment of conversion charges.
(1)Any person who intends to use any land held by him in abadi area of a village for the purpose other than that for which the same was,-
(i)originally allotted or sold by the State Government, any Panchayat, any other local authority or any other body or authority in accordance with law for the time being in force; or
(ii)being used on or before 5th June, 2015 (i.e. on or before the commencement of the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 28 of 2015)) and not covered under clause (i);
may apply in Form XLVIII to the Officer or Authority authorised by the State Government:Provided that where a land was allotted or sold by the State Government, any Panchayat, any other local authority or any other body or authority for the purposes of residential use at concessional rate or free of cost, use of such land shall not be allowed to be changed.Provided further that the change of use of land for the establishment of Tourism unit or Heritage Hotel shall be governed by the Rajasthan Panchayati Raj (Allotment, Change of Use of Land and Regularization of Abadi Land in Panchayat Area for Tourism Units) Rules, 2015.
(2)The Officer or Authority, authorized by the State Government, on receipt of such application shall invite objections from the persons of the locality around the land of which change of use is sought by affixing a notice on conspicuous place of locality, notice board of the Panchayat and the office of such Officer or Authority and by announcing the same in the neighborhood by beat of drum or any amplifying device. The notice shall also be published in newspaper having vide circulation in the locality.
(3)Such notice shall specify a date, not being less than thirty days, by which objections may be filed.
(4)If any objection is filed within the specified period, such Officer or Authority shall consider the objection and providing an opportunity of being heard to the objector and the applicant and pass an order rejecting or accepting the objection. Where objection is accepted the application for change of use of such land shall be rejected and where objection is rejected, the said officer or authority shall allow the desired change of use of such land as per . sub-section (3) of section 107-A of the Act.
(5)The conversion charges payable for conversion of residential abadi land for non-resic ential purposes shall be as under:
S.N. Purpose Rate
1 2 3
1. Commercial purpose Rs. 10/- per sq. mtrs. or 10% amount of the DLCrate of residential abadi land, whichever is higher.
2. Industrial Area/Industrial /IndustrialEstate-purpose Rs.5/- per sq. mts. or 5% amount of the DLC rateof residential abadi land, whichever is higher.
3. Public Utility purpose Without conversion charges upto 1000 sq. metersand for exceeding 1000 sqr. meters Rs.5/- per sq. meters or 5% ofDLC rate, whichever is higher.
4. Institutional purpose Rs.5/- per sq. mts. or 5% of DLC rate ofresidential abadi land, whichever is higher.
5. Medical Facilities purpose Rs.10/- per sq. mts. or 10% DLC rate ofresidential abadi land, whichever is higher.
6. establishment of solar or wind power plant 10 percent of the rates prescribed Forindustrial purpose
(6)If a person intends to change of use of land held by him from any non residential purpose to any other non-residential purpose, he shall submit an application in Form XLVIII to the Officer or Authority authorised by the State Government along with a receipt of deposit of difference amount of conversion charges, if any:Provided that the amount already deposited shall not be refunded, in any case.
(7)If a person intends to change of use of land from any other purposes to residential purpose, he may apply to the Officer or Authority authorised by the State Government in Form XLVIII. Such application shall be considered by such Officer or Authority and if found in order, he may order for change of use of land. No conversion charges shall be payable for such change of use of land.
(8)The conversion charges shall be exempted fully or partially in following cases, namely: -
(i)No conversion charges shall be payable by any department of the Central Government or State Government or a local authority for change of use of land for non-residential or any official use;
(ii)Fifty percent of the conversion charges shall be payable in case of change of use of land for establishment of eligible unit as approved by the specified authority under the provisions of the Rajasthan Investment Promotion Scheme, 2003;
(iii)Fifty percent of the conversion charges shall be payable in case of change of use of land for establishment of enterprise, for modernization, expansion or diversification of existing enterprise or for revival of sick industrial enterprise holding a valid entitlement certificate under the "provisions of the Rajasthan Investment Promotion Scheme, 2010; and
(iv)No conversion charges shall be payable in case of change of use of land, on recommendation of the Department of Technical Education, for the purpose of establishment of technical education institution.
(9)Where the Officer1 or Authority authorised by the State Government allows the application and passes order for such change of use of land, such Officer or Authority shall also issue notice to the applicant to deposit, within thirty days, the conversion charges for desired change of use of land and also other dues, if any.
(10)Whenever the applicant deposits the required charges and also other dues, if any, within the period specified in the notice issued under sub-rule (9), the Officer or Authority authorised by the State Government shall proceed to grant him permission for change of use of abadi land in Form XLIX.
(11)Where the applicant fails to deposit the amount within the period specified in sub-rule (9), the Officer or Authority shall order for rejection of the application.
(12)Where, on the representation of the applicant, the State Government is satisfied with the reasons given by the applicant and holds a view that delay needs to be condoned, it may order for restoration of the application and issue direction for grant of permission if the applicant deposits the required amount of conversion charges for change of use of land within seven days of such order:Provided that no such representation shall be entertained if made after a lapse of 180 days from the date of order made under sub-rule (11).
(13)Whenever an order under sub-rule (12) is passed and required amount of conversion charges or other dues, if any, are deposited by the applicant within the period specified in the said order, the Officer or Authority authorised by the State Government shall grant him permission for change of use of land in Form XLIX.
(14)Soon upon the receipt of permission granted under sub-rule (10) or (13), as the case may be, and verifying the fact of depositing the amount of charges, the Panchayat shall issue a fresh lease deed in Form L by superseding the earlier lease deed or patta, as the case may be.