Rajasthan Land Pooling Schemes Act, 2016
No: 14 Dated: Jun, 29 2018
THE RAJASTHAN LAND POOLING SCHEMES ACT, 2016 (Act No. 14 of 2018)
[Received the assent of the president on the 14th day of June, 2018J
An Act
to provide for implementation of Urban Development Schemes and Projects through land pooling system and matters connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Sixty-seventh Year ofthe Republic ofIndia, as follows:-
CHAPTER 1 Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Rajasthan Land Pooling Schemes Act, 2016.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- (1) In this Act, unless the context otherwise· requires,-
(i) "appropriate authority" means any Local Authority or any other agency as may be notified as such by the State Government;
(ii) "Board of Appeal" means the Board of Appeal constituted under section 56;
(iii) "Chief Town Planner" means the Chief Town Planner, Rajasthan of State Town Planning Department;
(iv) "final plot" means a plot reconstituted from an original plot and allotted in a land pooling scheme as a final plot;
(v) "Land Pooling Officer" means a Land Pooling Officer appointed under section 21 of this Act;
(vi) "land pooling scheme" means a scheme prepared under the provisions of this Act;
(vii) "local authority" means a Municipality constituted under the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009), an Urban Improvement Trust constituted under the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), the Jaipur Development Authority constituted under the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), the Jodhpur Development Authority constituted under the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009), the Ajmer Development Authority constituted under the Ajmer Development Authority Act, 2013 (Act No. 39 of 2013) or any other Development Authority constituted under any law for the time being in force;
(viii) "occupier" includes any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building, and also includes a rent free tenant;
(ix) "operational construction" means any construction whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any or all of the following public services, namely:-
(a) railways;
(b) National expressway and National or State highways;'
(c) National waterways;
(d) major and minor ports;
(e) airports; (t) posts and telegraphs, mobile towers, telephones, wireless, broadcasting and other like forms of communication;
(g) regional grid and related structures for electricity; and
(h) any other service which the State Government, in consultation with the Central Government, as and when required, may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a public service for the purposes of this clause;
Explanation.-For the removal of doubts, it is hereby declared that the construction of new building, new structure or new installation or any extension thereof, as the case may be, used for residential, commercial, public and semi-public, industrial, warehousing purposes shall not be deemed to be an operational construction within the meaning of this clause;
(x) "owner" includes the person for the time being receiving the rent or is entitled to receive rent, of any land or building or of any part of any land or building, whether on his own account or as an agent or trustee for any person or society or for any religious or charitable purpose or as a receiver or who would receive such rent if the land or the building or any part of the land or the building were let to a tenant;