Restriction on change of use of land and power of the State Government to allow change of use of land

(1) No person shall use or permit the use of any land situated in any abadi area of a village, for the purpose other than that for which such land was originally allotted or sold to any person by the State Government, any Panchayat, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a development plan, wherever it is in operation.

(2)In the case of any land not allotted or sold as aforesaid and not covered under sub-section (1), no person shall use or permit the use of any such land situated in abadi area of a village for the purpose other than that for which such land was being used on or before the commencement of the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 8 of 2015).

(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government or any officer or authority authorized by it, by notification in the Official Gazette, may allow the owner or holder of any such land to have change of use thereof, if it is satisfied so to do in public interest, on payment of conversion charges at such rates and after inviting and hearing objections from the neighbourhood in such manner as may be prescribed with respect to the following changes in use, namely: -

(i) from residential to commercial or any other purpose; or

(ii) from commercial to any other purpose; or

(iii) from industrial to commercial or any other purpose;

(iv) from cinema to commercial or any other purpose; ог

(v) from hotel to commercial or any other purpose; or

(vi) from tourism to commercial or any other purpose; or

(vii) from institutional to commercial or any other purpose:

Provided that rates of conversion charges may be different for different areas and for different purposes.

(4)Where the State Government or any officer or authority authorized by it under sub-section (3), is satisfied that a person who ought to have applied for permission or regularization under this section, has not applied and that such permission can be granted or the use of land can be regularized, it may proceed to determine the conversion charges after due notice and hearing the party or parties and the charges as may be prescribed, shall become due to the Panchayat and be recoverable under sub-section (6).

(5)The conversion charges so realized shall be credited to the fund of the Panchayat.

(6)The charges under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, the use of which has been changed, and shall be recoverable as arrears of land revenue.