Chapter IV Final Schemes

1. (1) Within one month from the date on which the sanction of the State Government to a draft scheme is published in the Official Gazette the State Government shall where necessary for the purposes of one or more schemes received by it for sanction, appoint any official of the State Government, possessing such qualifications, as may be prescribed, to be a Land Pooling Officer. Provided that the State Government may, on the request made by appropriate authority appoint a Land Pooling Officer within one month from the date of declaration intention of draft scheme under section 4. The appropriate authority shall render all reasonable assistance to the Land Pooling Officer and shall allow it to examine all papers, documents and plan connected with the scheme. The State Government may, if it thinks fit at any time, remove for incompetence or misconduct or replace for any good or sufficient reason a Land Pooling Officer appoint under sub-section (11 and shall forthwith appoint another official to take his place and any proceeding pending before the Land Pooling Officer immediately before the date of his removal or replacement shall he continued and disposed of by the new Land Pooling Officer appointed in his place: Provided that no Land Pooling Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him. Subject to the provisions of sub-section (3), a Land Pooling Officer appointed under sub-section (1) for the purpose of any scheme shall cease to hold office with effect from the date on which the final scheme is sanctioned.

Within a period of twelve months from the date of his appointment, the Land Pooling Officer shall, after following the prescribed procedure, split the land pooling scheme into a preliminary scheme and a final scheme. Provided that the State Government may, by order in writing extend the said period by such further period not exceeding nine months in aggregate and any such order extending the period may be made so as to have retrospective effect.

1. (1) In a preliminary scheme, the Land Pooling Officer shall,-
   • (i) after giving notice in the prescribed manner and in the prescribed form to the ' persons affected by the scheme, define and demarcate the areas allotted to, or earmarked for, any public purpose, or for a purpose of the appropriate authority and the final plots;
   • (ii) after giving notice as aforesaid, determine in a case in which a final plot is to e allotted to persons in ownership in common, the shares of such person-,
   • (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with provisions of section 45;
   • (iv) determine the period within which the works provided in the scheme shall be completed by the appropriate authority.
2. (2) The Land Pooling Officer shall submit the preliminary scheme so prepared to the State Government for sanction.
3. (3) As soon as the State Government sanction the preliminary scheme, the Land Pooling Officer shall thereafter prepare and submit to the State Government the scheme in accordance with the provisions of sub-section (4).
4. (4) In the final scheme, the Land Pooling Officer shall,-
   • (i) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the clause (vi) of sub-section (1) of section 41;
   • (ii) determine whether the areas used, allotted or earmarked for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
   • (iii) estimate the portion of the sums payable as compensation on each plot used, ' allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
   • (iv) calculate the contribution to be levied under sub-section (1) of section 43, on each plot used, allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
   • (v) determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;
   • (vi) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 42;
   • (vii) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 43;
   • (viii) calculate the contribution to be levied on each plot included in the final scheme;
   • (ix) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of section 43;
   • (x) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the land pooling scheme in accordance with the provisions of section 46.
5. (5) The Land Pooling Officer shall draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme: Provided that the Land Pooling Officer may make modification in the draft scheme, but no such modification, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the appropriate authority and any owners who may raise objections. Explanation. - (i) For the purpose of this proviso "modification of a substantial nature" means a modification which is estimated by the Land Pooling Officer to involve an increase of ten percent in the costs of the scheme as is described in section 41 or on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Land Pooling Officer.
   • (ii) If there is any difference of opinion between the Land Pooling Officer and the appropriate authority as to whether a modification made by the Land Pooling Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision shall be final.

Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (4) of section 23. every decision of the Land Pooling Officer shall be final and conclusive and binding on all parties including the appropriate authority.

1. (1) After a Land Pooling Officer has been appointed under section 21, the appropriate authority may apply to him to split up the draft scheme into different sections and to deal with each section separately as if such section were a separate draft scheme.
2. (2) On receipt of an application under sub-section (1), the Land Pooling Officer may, after making such inquiry as he thinks fit, split up the draft scheme into sections.
3. (3) The provisions of this Act and tho rules made thereunder shall, so far as may be, apply to each of such sections as if it were a separate draft scheme.

The Land Pooling Officer shall submit to the State Government for sanction the preliminary scheme also before the final scheme is submitted to the State Government under sub-section (2) of section 23, together with copy of his decision under section 23.

1. (1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may-
   • (i) in the case of a preliminary scheme, within a period of two months from the date of its receipt, and
   • (ii) in the case of a final scheme, within a period of three months from the date of its receipt, by notification, sanction the preliminary scheme or the final scheme or refuse to give sanction, provided that in sanctioning any such scheme, the State Government may make such modifications, as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.
2. (2) Where the State Government sanctions the preliminary scheme or the final scheme, it shall state in the notification-
   • (i) the place at which the scheme shall be kept open for inspection by the public, and
   • (ii) a date (which shall not be earlier than one month after the date of the publication of the notification in which all the liabilities created by the scheme shall come into force: Provided that the State Government may, from time to time, extend such date, by notification, by such period, not exceeding three months at a time, as it thinks fit.
3. (3) On and after the date fixed in such notification, the preliminary scheme or the final scheme, as the case may be, shall have effect as if it were enacted in this Act.
4. (4) The appropriate authority shall, after the preliminary scheme is sanctioned by the State Government under sub-section (2), complete the execution of such scheme within a period of two years from the date of the sanction of such scheme, failing which the State Government may take such actions against appropriate authority as it deems fit.

1. (1) If at any time before the preliminary scheme is forwarded by the Land Pooling Officer to the State Government, a representation is made to the Land Pooling Officer by the appropriate authority- and a majority of the owners in the area, that the scheme should be withdrawn, the Land Pooling Officer shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
2. (2) The State Government may, after making such inquiry, as it may deem fit, if it is of opinion that it is necessary or expedient so to do, by notification, direct that the scheme shall be withdrawn and upon such withdrawal no further proceedings shall be taken in regard to such scheme.

On the day on which the preliminary scheme comes into force,-

1. (i) all lands required by the appropriate authority shall, unless it is otherwise determined in such scheme, vest absolutely in the appropriate authority free from all encumbrances;
2. (ii) all rights in the original plots which have been re-constituted into final plots shall determine and the final plots shall become subject to the rights settled by the Land Pooling Officer.

1. (1) In case where the final plot is allotted in joint ownership in the sanctioned preliminary or final scheme, then on application by any of the joint owners, being made to the committee constituted under sub-section (2), the committee shall give a notice to all the concerned and after giving them an opportunity of being heard. It shall, with respect to such final plot define and decide the share of the joint holders and demarcate the area that may be allotted to each of them. The decision of the committee in this regard shall be deemed to be the part of the scheme sanctioned under section 27.
2. (2) The committee shall consist of the following members, namely,-
   • (i) Secretary incharge of Urban Development and Housing Department - Chairperson,
   • (ii) Chief Town Planner, Rajasthan- Member-Secretary, and
   • (iii) Executive Head of the appropriate authority - Member. Explanation. - For the purpose of this sub-section, "Secretary incharge means the the Secretary incharge of the department and includes the Additional Chief Secretary oi the Principal Secretary when he is incharge of the department.

On and after the date on which a preliminary scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the preliminary scheme shall, m accordance with the prescribed procedure, be summarily evicted by the appropriate authority.

1. (1) On and after the date on which the preliminary scheme comes into force, the appropriate authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme-
   • (i) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
   • (ii) execute any work which it is the duty of any person to execute under this scheme in any case where it appears to the appropriate authority that.delay in the execution of the work would prejudice the efficient operation of the scheme.
2. (2) Any expenses incurred by the appropriate authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the appropriate authority under the provisions of this Act.
3. (3) If any question arises as to whether any building or work contravenes a land pooling scheme or whether any provision of a land pooling scheme is not complied with in the process of erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.
4. (4) No persons shall he entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under the provisions of this section except in respect of the building or work begun before the date referred to in sub-section (1) and only in so far as such building or work has proceeded until that date: Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the appropriate authority.
5. (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or State Government

1. (1) If after the preliminary scheme or the final scheme has come into force, the appropriate authority considers that the scheme is defective on account of an error, irregularity or informality, the appropriate authority may apply in writing to the State Government for the modification of the scheme.
2. (2) If on receiving such application or otherwise, the State Government is satisfied that the modification required is not substantial, the State Government shall publish a draft of such modification in the prescribed manner.
3. (3) The draft modification published under sub-section (2) shall state every modification proposed to be made in the scheme and if any such modification relates to a matter specified in any of the clauses (i) to (viii) of sub-section (1) of section 6, the draft modification shall also contain such other particulars as may be prescribed.
4. (4) The draft modification shall be open to the inspection of the public at the head office of the appropriate authority during office hours.
5. (5) Within one month of the date of publication of the draft modification, any person affected thereby may communicate in writing his objections to such modification to the State Government through the appropriate authority.
6. (6) After receiving the objections under sub-section (5), the State Government may, after consulting the appropriate authority and after making such inquiry, as it may think fit. by notification-
   • (i) appoint a Land Pooling Officer and thereupon the provisions of this Chapter shall, so far as may be, apply to such draft modification as if it were a draft scheme sanctioned by the State Government, or
   • (ii) make the modification as such or with or without condition, or
   • (iii) refuse to make the modification.
7. (7) From the date of the notification making the modification, with or without condition, such modification shall take effect as if it were incorporated in the scheme.

If at any time after the final land pooling scheme comes into force, the appropriate authority is of the opinion that the purpose for which any land is allocated in such scheme under clause (xi) of sub-section (1) of section 6 requires to be changed to any other purpose specified in any of the clauses of the said sub-section, the appropriate authority may make such change after following the procedure relating to amendment of regulations, specified in section 36 as if such change were an amendment of regulations.

Notwithstanding anything contained in section 34, a land pooling scheme may, at any time, be varied by a subsequent scheme made, published and sanctioned in accordance with the provisions of this Act.

1. (1) If at any time after the final land pooling scheme comes into force, the appropriate authority is of the opinion that the regulations relating to a land pooling scheme require to be amended, it may publish the requisite draft amendment in the prescribed manner and invite suggestions or objections thereto from any person.
2. (2) If within one month from the date of publication of the draft amendment, any person communicates in writing to the appropriate authority any suggestions or objections relating to such amendment, the appropriate authority shall consider such suggestions or objections and may, at any time before submitting the draft amendment to the State Government as hereinafter provided, modify such amendment as it thinks fit.
3. (3) The appropriate authority shall within a period of two months from the date of its publication, submit the draft amendment alongwith the suggestions or objections to the State Government and shall at the same time apply for its sanction.
4. (4) After receiving such application and after making such inquiry as it may think fit, the State Government may sanction the amendment submitted with or without modifications as it deems necessary or refuse to sanction the amendment.
5. (5) If the amendment is sanctioned by the State Government, the final land pooling scheme shall be deemed to have been varied in accordance with the amendment.

If at any time after the date on which the scheme has come into force, such scheme is varied, any person who has incurred any expenditure for the purpose of complying with such scheme shall be entitled to be compensated by the appropriate authority for the expenditure, if such expenditure is rendered abortive by reason of the modification in such scheme.

In the event of a land pooling scheme being withdrawn or sanction to a preliminary scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the appropriate authority or be paid to the appropriate authority by the owners concerned in such proportion as the State Government may in each case determine.

Every party to any proceedings before the Land Pooling Officer or the Board of Appeal shall be entitled to appear either in person or through authorized representative.

For the purpose of this Act, an officer appointed under sub-section (I) of section 13 or the Land Pooling Officer or the Board of Appeal shall have the same powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters, namely:-

1. (i) summoning and enforcing the attendance of any person and examining him on oath;
2. (ii) requiring the discovery and production of any document;
3. (iii) receiving evidence on affidavits;
4. (iv) issuing commissions for the examination of witnesses or documents.

1. (1) The costs of a land pooling scheme shall include-
   • (i) all sums payable by the appropriate authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme;
   • (ii) all sums spent or estimated to be spent by the appropriate authority in the making and execution of the scheme: Provided that the estimates shall be with reference to the period during which the preliminary scheme is to be implemented after it is sanctioned under section 27;
   • (iii) all sums payable as compensation for land earmarked or designated for any public purpose or for the purposes of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme;
   • (iv) such portion of the sums payable as compensation for land earmarked or designated for any public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme from such earmark or designation;
   • (v) all legal expenses incurred by the appropriate authority in the making and in the execution of the scheme;
   • (vi) any amount by which the total amount of the values of the original plots exceeds the total amount of the values of the plots included in the final scheme, each of such plots being estimated at the value prescribed under the rules at the date of the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries;
   • (vii) twenty per cent of the amount of the cost of infrastructure provided in the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.
2. (2) If in any case the total amount of the values of the plots included in the final scheme exceeds the total amount of the values of the original plots, each of such plots being estimated in the manner provided in clause (vi) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).

For the purposes of this Act, the increments shall be deemed to be the amount by which, at the date of the declaration of intention to make a scheme, the market value of the plot included in the final scheme estimated on the assumption that the scheme has been completed, would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the scheme: Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.

1. (1) The costs of the scheme shall be met wholly or in part by a contribution to be levied by the appropriate authority on each plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Land Pooling Officer. Provided that-
   • (i) (a) where the cost of the scheme, does not exceed half the increment, the cost shall be met wholly by a contribution, and (b) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the appropriate authority;
   • (ii) where a plot is subject to a mortgage with possession or to a lease, the Land Pooling Officer shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand shall pay such contribution;
   • (iii) no such contribution shall be levied on a plot used, allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme; and
   • (iv) the contribution levied on a plot used, allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or earmark.
2. (2) The owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.

The amount by which the total value of the plots included in the final scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from, or, as the case may be, added to, the contribution leviable from such person, each of such plots being estimated at its market value at the date of declaration of intention to make a scheme or the date of the notification issued by the State Government under sub-section (2) of section 5 and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.

Any right in an original plot which in the opinion of the Land Pooling Officer is capable of being transferred wholly or in part, without prejudice to the making of a land pooling scheme, to a final plot shall be so transferred and any right in an original plot which in the opinion of the Land Pooling Officer is not capable of being so transferred shall be extinguished: Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.

The owner of any property or right which is injuriously affected by the making of a land pooling scheme shall, if he makes a claim before the Land Pooling Officer within the prescribed time, be entitled to be compensated in respect thereof by the appropriate authority or by any person benefited or partly by the appropriate authority and partly by such person as the Land Pooling Officer may in each case determine: Provided that the value of such property or rights shall be deemed to be its market value at the date of the declaration of intention to make a scheme or the date of the notification issued by the State Government under sub-section (2) of section 5 without reference to improvements contemplated in the scheme, as the case may be.

1. (1) No compensation shall be payable in respect of any property or private right which is alleged to be injuriously affected by reason of any provisions contained in the land pooling scheme, if under any other law for the time being in force applicable to the area for which such scheme is made no compensation is payable for such injurious affection.
2. (2) Any property or private right shall not be deemed to be injuriously affected by reason of any provision inserted in a land pooling scheme which imposes any conditions and restrictions in regard to any of the matters specified in clause (xii) of sub-section (1) of section 6.

If the owner of an original plot is not provided with a plot in the preliminary scheme or if the contribution to be levied from him under section 43 is less than tho total amount to be deducted therefrom under any of the provisions of this Act, the net amount of his loss shall be payable to him by the appropriate authority in cash or in such other manner as may be agreed upon by the parties.

1. (1) If from any cause the total amount which would be due to the appropriate authority under the provisions of this Act from the owner of a plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Land Pooling Officer shall at the request of the appropriate authority direct the owner of such plot to make payment to the appropriate authority of the amount of such excess.
2. (2) If such owner fails to make such payment within the prescribed period, the Land Pooling Officer shall, if the appropriate authority so requests, acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the appropriate authority of the value of such plot estimated at its market value at the date of the declaration of intention to make a scheme or the date of a notification under sub-section (2) of section 5 and without reference to improvements contemplated in the scheme; and thereupon the plot included in the final scheme shall vest absolutely in the appropriate authority free from all encumbrances but subject to the provisions of this Act; Provided that the payment made by the appropriate authority on account of the value of the original plot shall not be included in the costs of the scheme.

All payments due to be made to any person by the appropriate authority under this Act shall, as far as possible, be made by adjustment in such account with the appropriate authority in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner as may be agreed upon by the parties.

1. (1) The net amount payable under the provisions of this Act by the owner of a plot included in the final scheme may at the option of the contributor be paid in lump-sum or in annual instalments not exceeding ten.
2. (2) If the owner elects to pay the amount by instalments, interest at such rate as is arrived at by adding two percent to the hank rate published under section 49 of the Reserve Bank of India Act, 1934 (Central Act No.2 of 1934), from time to time, shall be charged per annum on the net amount payable.
3. (3) If the owner of a plot fails to exercise the option on or before the date specified in a notice issued to him in that behalf by the appropriate authority, he shall be deemed to have exercised the option of paying contribution in instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to exercise the option.
4. (4) Where two or more plots included in the final scheme are of the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several plots in proportion to the increments which is estimated to accrue in respect of each plot unless the owner and the appropriate authority agree to a different method of distribution.

1. (1) The appropriate authority shall be competent to make any agreement with any person in respect of_any matter which is to be provided for in a land pooling scheme, subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the land pooling scheme comes into force.
2. (2) Such agreement shall not in any way affect the duties of the Land Pooling Officer .as described in Chapter 4 or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Land Pooling Officer: Provided that if the agreement is modified by the State Government, either party shall have the option of avoiding it, if it so elects.

1. (1) The appropriate authority shall complete all the works provided in a final scheme within the period specified in the final scheme by the Land Pooling Office r. Provided that in exceptional circumstances on an application by the appropriate authority, the State Government may by an order in writing specifying those circumstances, grant to the appropriate authority in this behalf further extension of time as it may deem fit.
2. (2) If the appropriate authority fails to complete all the works within the specified period or within the period extended under sub-section (1), the State Government may, notwithstanding anything contained in sub-section (1), require the appropriate authority to complete the works within such further period as it may consider reasonable or appoint an officer to complete such works at the cost of the appropriate authority and recover the cost from the appropriate authority in the prescribed manner.

1. (1) An appropriate authority may for the purpose of making or execution of a land pooling scheme borrow moneys and if the appropriate authority is a local authority the money shall be borrowed in accordance with the provisions of the Act under which the local authorities constituted or if such Act does not contain any provision for such borrowing, then in accordance with the approval of the State Government.
2. (2) Any expenses incurred by an appropriate authority or the State Government under this Act in connection with a land pooling scheme and the salary, allowances and other expenses of the Land Pooling Officer as appointed under section 21, may be defrayed out of the funds of the appropriate authority.