Section 5 in The Rajasthan Lands (Restrictions on Transfer) Act, 1976
5. Application for grant of permission of transfer.
(1)Any person desiring to transfer any land referred to in section 4 by sale, mortgage, gift, lease or otherwise, may make an application in writing to the competent authority containing such particulars as may be prescribed.(2)On receipt of an application under sub-section (1) the competent authority may, after making such enquiries as it deems lit, by order in writing, grant or refuse to grant the permission applied for.(3)The competent authority shall not refuse to grant the per mission applied for under this section except on one or more of the following grounds, namely:-(i)that the land is needed or is likely to be needed for the effective Implementation of the scheme: or(ii)that the land is needed or is likely to be needed for securing the objects of the Urban Improvement Act, or for any public purpose for which the land has been or is being acquired: or(iii)that the land is needed or is likely to be needed for any development within the meaning of Chapters V and VII of the Urban Improvement Act or for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools and other educational institutions, hospitals and public open spaces and other categories of public uses.(4)Where the competent authority refuses to grant the permission applied for it shall record in writing the reasons for doing so and a copy of the same be communicated to the applicant.(5)Where within a period of thirty days of the date of receipt of an application under this section, the competent authority does not refuse or grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for.
