The Rajasthan Laws (Second Amendment) Act, 2021

(1) This Act may be called the Rajasthan Laws (Second Amendment) Act, 2021.

(2) It shall come into force at once.

For the existing section 43 of the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this Chapter referred to as the principal Act, the following shall be substituted, namely:-

"43. Land to vest in the Trust and its disposal.- (1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and Nazul land placed at the disposal of a local authority under section 102-A of that Act in urban area shall, immediately after establishment of the Trust under section 8 of this Act, be deemed to have been placed at the disposal of and vested in the Trust which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act, and may dispose of the same by way of allotment, regularization or auction subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:

Provided that the Trust may dispose of any such land-

(a) without undertaking or carrying out any improvement thereon; or

(b) after undertaking or carrying out such improvement as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing improvement according to plan.

(2) No improvement of any land shall be undertaken or carried out except by or under the control and supervision of the Trust.

(3) If any land vested in the Trust is required at any time by the Municipality, for carrying out its functions, or by the State Government for any other purpose, the State Government, may by notification in the Official Gazette, place such land at the disposal of the Municipality or any Department of the State Government on such terms and conditions as may be deemed fit."

After the existing section 60-B and before the existing CHAPTER VIII of the principal Act, the following new section shall be inserted, namely:-

"60-C. Acceptance of surrender of rights in certain lands and issue of free hold patta.- (1) Any person who holds non-agricultural land within the jurisdiction of the Trust otherwise than under a lease or licence issued by the Trust may, in the prescribed manner, surrender his rights in such land in favour of the Trust for the purpose of obtaining free hold rights from the Trust, the Trust may accept such rights and may issue free hold patta.

(2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Trust for the purpose of obtaining free hold rights from the Trust, the Trust may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.

(3) On acceptance of rights by the Trust under sub-sections (1) and (2), all the rights of the holder in the said land shall vest in the Trust and the Trust shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.

(4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Trust of the rights under sub-sections (1) and (2)."

After the existing section 54-D and before the existing CHAPTER IX of the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), the following new section shall be inserted, namely:-

"54-E. Acceptance of surrender of rights in certain lands and issue of free hold patta.- (1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or licence issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.

(2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.

(3) On acceptance of rights by the Authority under sub-sections (1) and (2), all the rights of the holder in the said land shall vest in the Authority and the Authority shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.

(4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Authority of the rights under sub-sections (1) and (2).".

After the existing section 50-A and before the existing CHAPTER IX of the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009), the following new section shall be inserted, namely:-

"50-B. Acceptance of surrender of rights in certain lands and issue of free hold patta.- (1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or licence issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.

(2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.

(3) On acceptance of rights by the Authority under sub-sections (1) and (2), all the rights of the holder in the said land shall vest in the Authority and the Authority shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.

(4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Authority of the rights under sub-sections (1) and (2).".

After the existing section 68 and before the existing section 69 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009), hereinafter in this chapter referred to as the principal Act, the following new section shall be inserted, namely:-

"68-A. Land to vest in the Municipality and its disposal.- (1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and Nazul land placed at the disposal of a local authority under section 102-A of that Act in municipal area, immediately after establishment of the Municipality under section 5 of this Act, be deemed to have been placed at the disposal of and vested in the Municipality which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act, and may dispose of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:

Provided that the Municipality may dispose of any such land-

(a) without undertaking or carrying out any development thereon; or

(b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.

(2) No development of any land shall be undertaken or carried out except by or under the control and supervision of the Municipality.

(3) If any land vested in the Municipality is required at any time by the Development Authority or the Urban Improvement Trust, as the case may be, for carrying out its functions, or by State Government for any other purpose, the State Government may by notification in the Official Gazette, place such land at the disposal of the Development Authority or the Urban Improvement Trust or any department of State Government, as the case may be, on such terms and condition as may deemed fit.

(4) All land acquired by the Municipality, or by the State Government and transferred to the Municipality, shall be disposed of by the Municipality in the same manner as may be prescribed for land in sub-section (1).".

For the existing section 69-A of the principal Act, the following shall be substituted, namely:-

"69-A. Acceptance of surrender of rights in certain lands and issue of free hold patta.- (1) Any person who holds non-agricultural land within the jurisdiction of the Municipality otherwise than under a lease or licence issued by the Municipality may, in the prescribed manner, surrender his rights in such land in favour of the Municipality for the purpose of obtaining free hold rights from the Municipality, the Municipality may accept such rights and may issue free hold patta.

(2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Municipality for the purpose of obtaining free hold rights from the Municipality, the Municipality may accept such rights and may issue free hold patta. In case such land is on lease hold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.

(3) On acceptance of rights by the Municipality under sub-sections (1) and (2), all the rights of the holder in the said land shall vest in the Municipality and the Municipality shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.

(4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Municipality of the rights under sub-sections (1) and (2).".

For the existing clause (d) of sub-section (7) of section 194 of the principal Act, the following shall be substituted, namely:-

"(d) A written permission shall not be required where a person has submitted an application under sub-section (1) for construction on such area of the plot as may be prescribed in relevant building bye-laws of the Municipality. Construction can be undertaken after submitting the required documents and depositing the fee as prescribed in the building bye-laws. However, this provision shall not be applicable for walled city area/heritage area/restricted area for which separate bye-laws/rules are in existence under any relevant law for time being in force.".

After the existing section 50-A and before the existing CHAPTER IX of the Ajmer Development Authority Act, 2013 (Act No. 39 of 2013), hereinafter in this Chapter referred to as the principal Act, the following new section shall be inserted, namely:-

"50-B. Acceptance of surrender of rights in certain lands and issue of free hold patta.- (1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or licence issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.

(2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.

(3) On acceptance of rights by the Authority under sub-sections (1) and (2), all the rights of the holder in the said land shall vest in the Authority and the Authority shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.

(4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Authority of the rights under sub-sections (1) and (2).".

After the existing section 89 and before the existing section 90 of the principal Act, the following new section shall be inserted, namely:-

"89-A. Power to call for records.- (1) The State Government or any officer not below the rank of the Secretary to the Government authorized in this behalf by the State Government, may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed , under this Act by the Authority or any committee or officer of it, call for the relevant record, and may in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination by the State Government or by the officer authorized in this behalf by the State Government and the passing of order under sub-section (2):

Provided that no record relating to an order or a resolution shall be called for under this sub-section after the expiry of three years from the date of such order or resolution.

(2) After examining the record, the State Government or the officer authorized as aforesaid may rescind, reverse or modify such order or resolution and the order of the State Government or the officer authorized as aforesaid shall be final and binding on the Authority and on its officers and committees.".