The Rajasthan Land Pooling Scheme Act, 2016
Chapter VI Supplemental and Miscellaneous Provisions
Chapter VI Supplemental and Miscellaneous Provisions
64. Power of Entry
- (1) The appropriate authority, the Land Pooling Officer or any person authorized by them in this behalf, may enter into or upon any land or building, or upon any enclosed part attached to such a building, with or without assistants or workmen for the purpose of-
- (i) making any inquiry, inspection, survey, measurement, valuation or taking levels of such land or buildings,
- (ii) dig or bore into the sub-soil,
- (iii) setting out boundaries and intended line of work,
- (iv) making such levels boundaries and lines by placing mark, or
- (v) doing any other thing necessary for efficient administration of this Act.
- (2) Power of entry is strictly accompanied by the following conditions, namely:-
- (i) no such entry shall be made (unless with the consent of the occupier thereof), without giving such occupier at least 24 hours' notice in writing of the intention to enter;
- (ii) no such entry shall be made except between the hours of sunrise and sunset;
- (iii) sufficient opportunity is given in every instance to enable women to withdraw from land or building;
- (iv) so far as compatible with the exigencies of the purpose for which the entry is made, due regard is given to the social and religious usages of the occupants of the land or building entered.
Chapter VI Supplemental and Miscellaneous Provisions
65. Service of notice or order
- (1) All notices and orders required under this Act or any rule made thereunder to be served upon any person shall be deemed to be duly served on condition that-
- (i) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government Department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or any other body at its principal branch, local or registered office, as the case may be, and is either-
- (a) sent by registered post to such office; or
- (b) delivered at such office;
- (ii) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-
- (a) sent by registered post to such place of business; or
- (b) delivered at the said place of business;
- (iii) in any other case, if the document is addressed to the person to be served and-
- (a) is given or tendered to him; or
- (b) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family; or
- (c) is affixed on some conspicuous part of the land or building to which it relates; or
- (d) is sent by registered post to that person; or
- (e) published in newspaper in prescribed manner.
- (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to the "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without any further name or description, and shall be deemed to be duly served under the condition where-
- (i) if the document so addressed is sent or delivered in accordance with sub-clause
- (a) of clause (iii) of sub-section (1); or
- (ii) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building.
- (3) Where a document is served on a partnership in accordance with this section, tho document shall be deemed to be served on each partner.
- (4) For the purpose of enabling any documents to be served on the owner of any property, the appropriate authority or the Land Pooling Officer or any other authorised officer may by notice in writing require the occupier, if any, of the property to state the name and address of the owner, thereof.
- (5) Where the person on whom a document is to be served is a minor, then service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
Chapter VI Supplemental and Miscellaneous Provisions
66. Public notice
Every public notice given under this Act or rules made thereunder shall be in writing under the signature of the officer of the appropriate authority who may be authorised in this behalf or Land Pooling Officer and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by advertisement in one or more local newspapers and by such other means as the Appropriate Authority or Land Pooling Officer thinks fit.
Chapter VI Supplemental and Miscellaneous Provisions
67. Authentication of orders and documents
All permissions, orders, decisions, notices and other documents shall be authenticated, by the signature of the Officer authorized by the appropriate authority or Land Pooling Officer in this behalf.
Chapter VI Supplemental and Miscellaneous Provisions
68. Reasonable Time
Where any notice, order, or other document issued under this Act or any rule made thereunder, requires action for which no time is fixed in this Act or any rule made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
Chapter VI Supplemental and Miscellaneous Provisions
69. Members and officers to be public servants
Every member and every officer and other employee of the appropriate authority or the Land Pooling Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
Chapter VI Supplemental and Miscellaneous Provisions
70. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
Chapter VI Supplemental and Miscellaneous Provisions
71. Control by State Government
The Land Pooling Officer and appropriate authority shall carry out such directions or instructions as may he issued from time to time by the State Government for the efficient implementation of this Act.
Chapter VI Supplemental and Miscellaneous Provisions
72. Effect of other laws
Save as otherwise provided, the provisions of this Act and the rules made thereunder shall have overriding effect notwithstanding anything inconsistent therewith contained in any other Rajasthan laws.
Chapter VI Supplemental and Miscellaneous Provisions
73. 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.
- (2) All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period not less than fourteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of session immediately following the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such rules shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
Chapter VI Supplemental and Miscellaneous Provisions
74. Power to make regulations
- (1) An appropriate authority may, with the previous approval of the State Government, make regulations, consistent with this Act and the rules made thereunder, for all other matters for which provision is, in the opinion of the authority, necessary for the exercise of its powers and discharge of its functions and duties under this Act.
- (2) No regulations made by an appropriate authority under sub-section (1) shall take effect unless it is published in the Official Gazette.
- (3) The State Government may at anytime by notification in the Official Gazette, repeal wholly or in part or modify any regulation made by the appropriate authority provided that before taking any action under the sub-section the State Government shall communicate to the authority the ground on which it proposes to do so, fix a reasonable period for the appropriate authority to show cause against the proposal and consider the explanation and objections if any, of the appropriate authority.
- (4) The repeal or modification of any regulation shall take effect from the date of publication of the notification under sub-section (3) in the Official Gazette and shall not affect anything done or omitted or suffered before such date.
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