The "The Chhattisgarh Leasehold Rights to the Homeless Person of Urban Areas Act, 2023

Short title, extent and commencement.

1. (1) This Act may be called "The Chhattisgarh Leasehold Rights to the Homeless Person of Urban Areas Act, 2023".
2. (2) It extends to the whole of the State of Chhattisgarh.
3. (3) It shall come into force from the date of its publication in the Official Gazette.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "Act" means The Chhattisgarh Leasehold Rights to the Homeless Person of Urban Areas Act, 2023;
2. (b) "Appellate Authority" means the officer as notified by the State Government;
3. (c) "Bhumiswami" means a person who has acquired the rights of a Bhumiswami over the land under the provisions of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);
4. (d) "Competent Authority" means such officer of the Revenue Department or Local Body, not below the rank of Deputy Collector or Chief Municipal Officer, as may be appointed by the State Government for the purposes of this Act;
5. (e) "Homeless Person" means a person who, on the date of commencement of this Act, has been residing in a household in an urban area but does not own any residential land or house in his/her name or in the name of any member of his/her family within the said urban area;
6. (f) "Leasehold Right" means the right granted to a person by the State Government for the occupation of land for a specified period and on specified terms and conditions;
7. (g) "Local Body" means a Municipal Corporation, Municipal Council or Nagar Panchayat constituted under the relevant municipal law in force in the State;
8. (h) "Occupier" means a person who is in actual physical possession of a land or house;
   • (i) "Urban Area" means an area under the jurisdiction of a Local Body.

Grant of leasehold rights to the homeless persons.

1. (1) Notwithstanding anything contained in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) or any other law for the time being in force, any homeless person, who is in possession of any Government land in an urban area for residential purpose on or before the 1st day of January, 2023, shall be entitled to get leasehold rights of an area not exceeding 60 square meters, under the provisions of this Act: Provided that the leasehold rights given under this Act shall be for residential purpose only: Provided further that in case of any joint family, only one head of the family shall be eligible for grant of leasehold rights.
2. (2) The State Government may, by notification, issue guidelines for the procedure of grant of leasehold rights and premium to be charged for the grant of leasehold rights under this Act.

Eligibility for grant of leasehold rights.

1. (1) A person shall be eligible for the grant of leasehold rights under this Act, if he fulfils the following conditions, namely:
   • (a) he is a citizen of India;
   • (b) he has been continuously residing on the Government land in the urban area for the period of not less than six months prior to the date of commencement of this Act;
   • (c) he does not possess any residential plot or house in his own name or in the name of any member of his family within the urban area concerned.
2. (2) For the purposes of this section, "family" means:
   • (a) husband and wife;
   • (b) minor sons and unmarried daughters;
   • (c) where the head of the family is a minor, the person having custody of such minor.

Process of survey and identification

1. (1) The State Government shall conduct a survey of the homeless persons in urban areas to identify the beneficiaries who are in occupation of government land as on the cut-off date.
2. (2) The method of survey, identification of beneficiaries, and the procedure for inviting claims and objections shall be such as may be prescribed.

Grant of lease

1. (1) Subject to the provisions of this Act and such terms and conditions as may be prescribed, the competent authority may grant a lease of the land to the identified beneficiary under Section 5.
2. (2) The lease granted under sub-section
3. (1) shall be for such period and on such rent or premium as may be prescribed.
4. (3) The leasehold rights so granted shall be heritable but not transferable:

Bar on transfer of leasehold rights Bar on transfer of leasehold rights -

1. (1) No leaseholder shall be entitled to transfer his leasehold rights in any manner to any other person except legal heirs for a period of ten years from the date of grant of lease under this Act: Provided that, any transfer of leasehold rights in contravention of this section shall be void ab initio and the lease shall stand terminated automatically and the land shall vest in the State Government.
2. (2) After the expiry of the period of ten years, a leaseholder may transfer his leasehold rights in such manner and subject to such conditions as may be prescribed: Provided that, first priority of such transfer shall be given to the persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes or any other poor sections of the society, as may be determined by the State Government.

Power of Government to issue directions - The State Government may, from time to time, issue such directions as may be necessary for the proper implementation of this Act and it shall be the duty of every concerned officer or authority to comply with such directions.

Power to make rules.—(1) The State Government may, by notification in the official gazette, make rules to carry out the provisions of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the procedure for identification of homeless persons and the process of verification of their eligibility;
   • (b) the manner of application for grant of leasehold rights and the documents to be attached therewith;
   • (c) the authority competent to grant leasehold rights and the procedure to be followed by such authority;
   • (d) the terms and conditions on which leasehold rights shall be granted;
   • (e) the premium or rent or any other charges to be paid for grant of leasehold rights;
   • (f) the form and manner in which the register of leaseholders shall be maintained;
   • (g) the procedure for renewal, transfer or cancellation of leasehold rights;
   • (h) any other matter which is required to be or may be prescribed under this Act.
2. (3) All rules made under this Act shall be laid, as soon as may be after they are made, before the State Legislative Assembly.

Repeal and saving:

1. (a) The Chhattisgarh Leasehold Rights to the Homeless Person of Urban Areas Ordinance, 2023 (No. 1 of 2023) is hereby repealed.
2. (b) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.