section 4
Insertion of New Sections
The Chhattisgarh Nagariya Kshetron ke Bhumihin Vyakti (Pattadhriti Adhikaron ka Pradan Kiya Jana) (Sanshodhan) Adhiniyam, 2003General20034 sections
Statutory text
In the Principal Act, after Section 3-A, the following shall be added, namely :- "3-B. Regularization.- Notwithstanding anything contained in Section 3, if the Authorised Officer finds that the land actually occupied by an occupier who has been granted lease under the Act, is in excess of the settlement originally made in his favour, then such excess land may also be settled and such changed land-use may be regularized in his favour subject to the following conditions :-
- (a) Only such cases where the original lease was granted on or before 19th day of November, 2018 shall be entertained for relaxation under this Section;
- (b) The excess land under occupation should not exceed fifty percent of the original land settled;
- (c) In case the excess land under occupation is more than fifty percent of the original land, the occupier will have to first clear the encroachment on land in excess of fifty percent;
- (d) Such excess land must be contiguous to the original land;
- (e) The land use must not be violative of the Master Plan;
- (f) The rate to be charged for lease on the excess land being regularized shall be as may be prescribed by rules;
- (g) In respect of the excess land being regularized under this Section, the ceilings specified in proviso to sub-section
- (2) of Section 3, shall be increased by fifty percent, namely, 1500 sft in place of 1000 sft for Nagar Panchayat towns, 1200 sft in place of 800 sft for Municipality towns, 1050 sft in place of 700 sft for other Municipal Corporation towns other than Raipur, and 900 sft in place of 600 sft for Raipur, shall be applicable. 3-C. Renewal of Lease.- The lease rights shall be granted under this Act in terms of rules framed under Section 6, for such period as the Government may prescribe and on completion of the lease term, it may be renewed for such further period and on such conditions as may be prescribed in the rules framed under Section 6. 3-D. Restriction on Sale.- Notwithstanding anything to the contrary contained in this Act, no person who has been granted lease over land under this Act shall be entitled to transfer such land, in part or in whole, before expiry of ten years from the date of grant of lease. Procedure of the registration of transfer shall be such as may be prescribed : Provided that if a person chooses to sell the land granted on lease under this Act, he and/or his family shall forthwith forfeit all eligibility for being granted lease over any other land at any time thereafter. Note - "Family" means husband, wife, dependent children and mother-father" 1. Short title, extent and commencement
- (1) This Act may be called the Chhattisgarh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) (Sanshodhan) Adhiniyam, 2019.
- (2) It extends to the whole State of Chhattisgarh.
- (3) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment to the preamble in the Principal Act In Chhattisgarh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (No.15 of 1984), (hereinafter referred to as the Principal Act), in preamble, after the words "leasehold rights on landless persons", the words and punctuations "and in certain cases, conversion of the leasehold rights to freehold rights" shall be inserted. 3. Amendment of Section 2
- (1) In Section 2 of the Principal Act, after clause (a), the following shall be added, namely:- "(aa) "Bhumi Swami Rights" shall have the same meaning as defined under Chhattisgarh Land Revenue Code, 1959 (No.20 of 1959) and as amended from time to time;" 4. New Section -1 3-E. Conversion of leasehold Rights to Bhumiswami Rights in Certain Cases.- Notwithstanding anyhing contained contrary in this Act, on receiving the application by the authorized officer from the person in possession of the land, for this purpose, the leasehold rights may be converted in Bhumiswami rights in favour of the applicant on such terms and conditions as may be prescribed by the Government.
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