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State of Rajasthan - Section
Section 90B in Rajasthan Land Revenue Act 1956
90B. [Omitted.]
| Omitted section 90B read as;"90B. Termination of rights and resumption of land in certain cases.(1) Notwithstanding to the contrary contained in this Act and the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) where before the commencement of the Rajasthan Laws (Amendment) Act, 1999 (Rajasthan Act No. 21 of 1999) any person, holding any land for agricultural purposes in such urbanisable limits, or peripheral belt of an urban area, as may be notified from time to time by the State Government by notification in to Official Gazette has used or has allowed to be used such land of part thereof, as the case may be, for nonagricultural purposes or, has parted with possession of such land or part thereof, as the case may be, for consideration by way of sale or agreement to sell and/or by executing power of attorney and/or will or in any other manner, for purported non-agricultural use, the rights and interest of such a person in the said land or holding or part thereof, as the case may be, shall be liable to he terminated and such land shall be liable to be resumed.(2) Where any land has become liable to be resumed under the provisions of sub-section (1), the Collector or the officer authorised by the State Government in this behalf, shall serve a notice, calling upon such persons to show cause why the said land may not he resumed summarily, and among other things, such notice may contain the particulars of the land, case of proposed action, the place, time and date, where and when the matter shall be heard.(3) When the tenant or the holder of such land or any person duly authorised by him, as the case may be, makes an application to the Collector or the officer authorised by the State Government in this behalf, expressing his willingness to surrender his rights in such land with the intention of developing such land for housing commercial institutional, semi-commercial, industrial, cinema or petrol pump purposes or, for the purpose of multiplex units, infrastructure projects or tourism projects or, for other community facilities or public utility purpose as may be notified by the State Government the Collector or officer authorized by the State Government in this behalf, shall upon being satisfied about the willingness of such person, order for termination of rights and interest of such person in the said land and order for resumption of such land.(4) The proceedings in the matter shall be conducted summarily and shall ordinarily be concluded within a period of sixty days from the first date of hearing specified in the notice served under sub-section (2).(5) Where, after hearing the parties, the Collector or the officer authorised by the State Government in this behalf, is of the opinion that the land is liable to be resumed under sub-section (1), he shall after recording reasons in writing, order for termination of rights and interest of such person in the said land and order for resumption of the said land.(6) The land so resumed under sub-section (3) and (5) shall vest in the State free from all encumbrances and shall be deemed to have been placed at the disposal of the concerned local authority under section 102-A of this Act with effect from the date of passing such order.Provided that the land surrendered under sub-section (3) above, shall be made available to the person, who surrenders the land, for its planned development in accordance with the rules, regulation and bylaws applicable to the local body concerned for housing, commercial institutional, semi-commercial, industrial, cinema or petrol pump purposes or, for the purpose of multiplex units, infrastructure projects or tourism projects or, for other community facilities or public utility purposes.(7) The person, aggrieved by the order made under sub-section (5), may appeal to the Divisional Commissioner or the officer authorised by the State Government in this behalf within thirty days of passing of order under sub-section (5).(8) The Divisional Commissioner or the officer authorised by the State Government in this behalf shall, after hearing the parties, pass appropriate orders in such appeal within a period of sixty days from the date of presentation of appeal before him.(9) The order passed by the Divisional Commissioner or the officer authorised by the State Government in this behalf in appeal under this section shall be final.(10) No Civil Court shall have jurisdiction to entertain or decide any suit or proceeding questioning the order made under sub-section (5) by the Collector or the officer authorised by the State Government or an order made under sub-section (8) by the Divisional Commissioner or the officer authorised by the State Government.(11) Nothing in this section shall apply to any land belonging to Deity, Devasthan Department, any public trust or any religious or charitable institution or a wakf.Provided that where any public trust registered under the Rajasthan Public Trust Act, 1959 or any registered, charitable institution intends to use its land or holding or part thereof and returns/proceeds received there from the purposes of fulfilment of its aims and objectives, it may make an application under sub-section (3) of surrender its rights in such land or holding or part thereof and in that case provisions of this section shall apply with the modification that such purposes shall be deemed to have been provided for in sub-section (3) and proviso to sub-section (6).Explanation.-For the purpose of this proviso, Land or holding does not include the land allotted by the State Government free of cost or on token amount or on lease unless the State Government permits otherwise.(12) No proceedings or orders under this section shall be initiated or made in respect of lands for which proceedings under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 33 of 1976), the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (Act No. 11 of 1973) and the Rajasthan Land Reforms and Acquisition of Land Owners Estate Act, 1963 (Act No. 11 of 1964) are :Explanation 1.- Part use of the land for purposes subservient to the agriculture such as residential house of the tenant (subject to the limit of 1/50th part of his holding or 500 sq. yards whichever is less) cattle breeding dairy farming fodder storage, poultry farming, horticulture, forestry development, water tank, well, pasturage, grove land and such other purposes ancillary thereto or connected therewith shall not be constructed to mean non-agricultural purposes.Explanation 11.-For the purpose of sub-section (1), urban area shall mean an area for which a Municipality is constituted under the Rajasthan Municipality Act, 1959 (Act No. 38 of 1959) or Urban Improvement Trust is constituted under Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or the Jaipur Development Authority is constituted under the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982).Explanation III.-For the purposes of this section, urbanisable limits means the urbanisable limits as indicated in the master plan or the master development plan of a city or town prepared under any law of the time being in force, and where there is no master plan or master development plan, the municipal limits of the areas.Explanation VI.-(i) For the purposes of this section, peripheral belt means the peripheral belt as indicated in the master plan or master development plan of a city or a town prepared under any law for the time being in force, and where there is no master plan or master development plan or where peripheral belt is not indicated in such plan, the area as may be notified by the State Government for time to time.(ii) Where any part of a village falls within the peripheral belt, the whole village shall be deemed to be within the peripheral belt. |