Chapter III Appointment of Urban Land Title Certification Authority

1. (1) As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, appoint an officer of the Indian Administrative Service to be the Urban Land Title Certification Authority for the purpose of receiving applications, scrutinizing the documents, verification from relevant official records including the records kept by the local urban bodies, and issuance of certificate of title in such form and in such manner as may be prescribed.
2. (2) The State Government may also appoint such number and category of other officers and servants as it may think necessary to assist the Certification Authority in discharge of his functions under this Act.

1. (1) A person who either holds title of any urban land immediately before the commencement of this Act, or a person who acquires title of any urban land after the commencement of this Act, may apply in such manner and within such time as may be prescribed.
2. (2) The application under sub-section (1) shall be accompanied by the documents of title or the documents on the basis of which the applicant claims the title and such fee as may be prescribed.

As soon as may be, after the receipt of application under section 22, the Certification Authority shall scrutinize the information and the documents furnished by the applicant and seek their verification from the relevant record maintained by the State Government or any other authority to satisfy himself about the veracity of the information and authenticity of such documents.

The Certification Authority may seek such additional information or documents from the applicant or, as the case may be, from any officer of the State Government or any other authority who maintains relevant record to satisfy himself about the claim of the applicant.

1. (1) The Certification Authority, if he is satisfied, on the scrutiny and verification of the information and documents furnished to him with the application under section 22 and sought by him under section 24, about the veracity of the information and authenticity of such documents and is of the opinion that the title of the applicant may be certified confirming the status of applicant as lawful holder of title of the urban land specified in the application, he may record a finding to that effect stating reasons therefor and enter the data in CLEAR in the prescribed manner and issue a provisional certificate of title for a period of two years without claiming any guarantee whatsoever on behalf of the State Government.
2. (2) No provisional certificate of title shall be issued to any person-
   • (a) unless he -
     • (i) pays the certification cum guarantee charges as specified in sub-section (1) of section 27; and
     • (ii) produces no dues certificates from such authorities and pertaining to such matters, as may be prescribed; and
   • (b) where the title is disputed, whether before a court or otherwise.
3. (3) The Certification Authority shall recall and cancel the provisional certificate issued under sub-section (1), where -
   • (a) a bonafide counter claim or objection regarding the title of the holder of the certificate is filed before him; or
   • (b) the fact that the title of the land to which the provisional certificate relates is subjudic before any court, is brought to his notice, - and shall refund the amount of the certification cum guarantee charge to the holder of such certificate after deducting such administrative expenses therefrom as may be prescribed.
4. (4) While issuing a provisional certificate of title under sub-section (1), the Certification Authority shall require the holder of the certificate to take, within such time not being more than fifteen days from the date of the issue of such certificate as he may specify, such steps, with respect to the land to which such certificate relates, as may sufficiently reflect the possession and title of the holder of such certificate over such land and continue to reflect so till such certificate remains in force.
5. (5) If, during the period for which a provisional certificate of title issued under subsection (1) remains in force, no counter claim or objection is received regarding the title of the holder of such certificate, the Certification Authority may, after expiry of the said period, issue a permanent certificate of title to which the State Government shall stand as guarantor for the genuineness and authenticity of the title to the extent specified in such certificate.
6. (6) The certificate of title, both provisional and permanent, shall be in such form as may be prescribed.

1. (1) If after issue of certificate of title under section 25, any change in the title of the title holder takes place, the title holder shall immediately inform the Certification Authority of such change in the prescribed manner and submit the certificate of title to the Certification Authority for the purpose of recording such changes in the certificate. (2) When an information along with the certificate of title is received under subsection (1), the Certification Authority shall proceed as per the provisions of Secs. 23 and 24 and if he is satisfied about the fact of change, he shall record such change in the certificate of title in the prescribed manner. (3) Where the title holder uses the permanent certificate of title for any purpose whatsoever after the change in the title of the title holder without getting such changes recorded in accordance with the provision of sub-sections (1) and (2), the Certification Authority may, after making such enquiry as he may think necessary and after affording a reasonable opportunity of being heard to such person, impose a penalty equal to 0.05 per centum of the amount of value of the land to which the certificate related calculated at the DLC rates prevalent in the area in which the land is situate at the time of the use of such certificate.

1. (1) Every person, who seeks a certificate of title under the provisions of this Act, shall be liable to pay, by way of certification cum guarantee charges, an amount equal to 0.5 per centum of the prevailing DLC rates of the land to which certificate relates.
2. (2) Where any change in the certification of title is recorded under section 26, the title holder shall pay by way of certification cum guarantee charges an additional amount equal to 0.05 per centum of the prevailing DLC rates of the land to which certificate relates.
3. (3) The amount of certification cum guarantee charge shall be payable at the time of issue of the provisional certificate of title.

1. (1) There shall be established a sinking fund, hereinafter referred to as "the Fund", for the purposes of this Act.
2. (2) All the moneys realized on account of fees, penalty and certification cum guarantee charge shall be deposited to the Fund.
3. (3) The Fund shall be utilized to meet out the expenses on account of the payment of any compensation in accordance with the provisions of this Act and such other administrative expenses incurred by the Certification-Authority for the purposes of this Act as may be prescribed.
4. (4) The management, accounts and audit of the Fund shall be regulated by such rules as may be made by the State Government from time to time in this behalf.

Any person, who enters into an agreement for consideration with the title holder on the basis of a permanent certificate of title issued under this Act and thereby incurs any loss due to any defect of title other than that specified in the certificate, shall be entitled to be compensated by the Certification Authority on behalf of the State Government as guarantor, for such loss to such extent as they are attributable to such defect, in such manner as may be prescribed: Provided that the amount of compensation payable under this section shall not exceed the amount of the value of the land to which the certificate relates calculated at the DLC rates prevalent at the time of issue of the certificate in the area in which the land is situate.

1. (1) Where after issuance of a permanent certificate of title under section 25, the Certification Authority is satisfied that the certificate has been issued under mistake and contains a declaration which is materially wrong, he may immediately suspend the certificate and call upon the title holder -
   • (i) to produce the certificate before him within such time as may be specified by him;
   • (ii) not to use the certificate for any purpose whatsoever; and
   • (iii) to furnish reasons as to why the certificate should not be cancelled or be modified in the manner as may be specified by him.
2. (2) When the title holder produces the certificate before the Certification Authority, he may impound the certificate and order to keep the certificate in such safe custody as he may specify until the certificate is cancelled or modified in accordance with the provisions of this section.
3. (3) Where the title holders does not furnish any reason or the Certification Authority is not satisfied with the reasons furnished by the title holder, the Certification Authority may cancel the certificate or, as the case may be, modify the same so as it may reflect the true nature of the title of the title holder in the land to which the certificate relates.
4. (4) Where the title holder uses the certificate for any purpose whatsoever after it has been suspended or cancelled, the Certification Authority may, after making such enquiry as he may think necessary and after affording a reasonable opportunity of being heard to such person, impose a penalty not exceeding, double the amount of value of the land to which the certificate related calculated at the DLC rates prevalent in the area in which the land is situate at the time of the use of such certificate.

If any person has obtained a certificate of title, whether provisional or permanent, by fraud, misrepresentation or suppression of facts, the Certification Authority may, after making such enquiry as he may think necessary and after affording a reasonable opportunity of being heard to such person, impose a penalty not exceeding, the amount of value of the land to which the certificate related calculated at the DLC rates prevalent in the area in which the land is situate at the time of issue of such certificate.

No suit or other legal proceedings shall he against the State Government or any other officer or authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules made thereunder.

1. (1) Any person aggrieved by an order of the Certification Authority may appeal within sixty days from the date of such order to the Tribunal: Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within said period of sixty days, permit the appellant to prefer the appeal in further period of sixty days from the date of order appealed against.
2. (2) The appeal shall be filed in such manner and be in such form and be accompanied by such fees and documents as may be prescribed.
3. (3) The appeal under this section shall be heard and disposed of in such manner as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.
4. (4) Every order made on an appeal under this section confirming, modifying or reversing the order appealed against shall be final.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes of this Act.
2. (2) The Tribunal shall consist of one person who shall be appointed by the State Government and shall be paid such salary and allowances as may be determined by the State Government.
3. (3) The State Government may provide the Tribunal such other officers and servants as it may think necessary to assist the Tribunal in discharging its functions.
4. (4) The procedure to be followed by Tribunal in deciding the appeals filed under the provisions of this Act shall be such as may be prescribed.
5. (5) The Tribunal shall have same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of hearing of appeals.

1. (1) Any person having interest in the urban land may be allowed by the Certification Authority to inspect the relevant record of the Certification Authority and upon application being presented before the Certification Authority, such person may be provided certified copies of the record on payment of such fee and subject to such conditions as may be prescribed.
2. (2) The Certification Authority shall keep an index of the record for the purpose of enabling the seeker of information in identifying the parcel of land and such index may clearly indicate the arrangement of that information for convenient search.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order do anything, not inconsistent with the object of this Act, which appears to be necessary or expedient for the purposes of removing the difficulty: Provided that no order under this section shall be made after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be, after it is so made before the House of State Legislature.

For the purpose of effective implementation of the provisions of this Act, the State Government may fix time limit for the disposal of matters under this Act by the officers and authorities subordinate to it and give such directions to such officers and authorities as it may think fit for the aforesaid purpose and such directions shall have effect notwithstanding anything contained in any other law of the State Legislature for the time being in force.

Any sum payable under the provision of this Act shall, if not paid by due date, be recoverable as an arrear of land revenue on a certificate issued by the Certification Authority.

Notwithstanding anything in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), as from the date of issue of a notification under subsection (3) of section 1 of this Act, the provisions with regard to survey of abadi areas contained in Chapter VII-A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) shall not apply to the urban area of an urban body specified in such notification.

1. (1) The State Government may make rules for carrying out the purposes of this Act.
2. (2) All rules made under this section 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 of not less than fourteen days, which may be comprised in one session or in two successive sessions and, if before the expiry of the sessions in which they are so laid or of the sessions immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.