LexThe CHHATTISGARH NAGARIYA KSHETRO KE BHOOMIHIN VYAKTI ADHINIYAM, 1984
Chhattisgarh · state statute
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MADHYA PRADESH ACT
NO. 15 OF 1984
THE MADHYA PRADESH NAGARIYA KSHETRO KE BHOOMIHIN
VYAKTI (PATTADHRITI ADHIKARON KA PRADAN KIYA JANA)
ADHINIYAM, 1984.
[ Published in the "Madhya Pradesh Gazette" (Extraordinary), dated the 17th April,
1984.]
An Act to provide for the conferring of leasehold rights on landless persons in
respect of sites for dwelling house in urban areas in the State of Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Thirty -Fifth Year of
the Republic of India as follows:-
1. Short title, extent and commencement .- (1) This Act may be called the
Madhya Pradesh Nagariya Kshetro ke bhoomihin Vyakti (Pattadhruti Adhikaron Ka
Pradan kiya Jana) Adhiniyam, 1984.
(2) It shall extend to urban areas in the State of Madhya Pradesh and Five
Kilometers thereof.
(3) (A) It shall in the first instance come into force in the district headquarters
and towns having population of more than one lac according to the last
census.
(B) It shall come into force in any other t own on such date as the State
Government may, by notification, specify.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Authorised Officer" means a Sub -Divisional Officer or any other Assistant
Collector or Deputy Collector in the district as the Collector may by order
specially authorise to exercise the powers of the Authorised Officer in s uch
area as may be specified therein;
(b) "dwelling house" means a single storeyed super structure but shall not
included any building owned by the Government of any local or statutory
authority;";
Page 2 of 6
(c) Omitted;
(d) ''Landless Person' ' means a person who does not own either in his own
name or in the name of any member of his family any house or land in an
urban area where he is actually residing.
Explanation.- For the purpose of this clause 'family' includes husband, wife,
minor son, unmarried daughter or any relation by blood wh olly dependent
on the landless person.";
(d-1) "Occupy" means occupation of land in urban area bel onging to the State
Government, local body or Development Authority for residential purposes.
(d-2) Omitted.
(d-3) "Urban area" means the area comprised within the limits of the Municipal
Corporation constituted under the Madhya Pradesh Municipal Corporation
Act, 1956 ( No. 23 of 1956) or Municipal Council or Nagar Panchayat
constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of
1961) or such area which is situated withi n a distance of five kilometers from
the limits thereof and the area of the dissolved Special Area Development
Authority constituted under Section 64 of the Madhya Pradesh Nagar Tatha
Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and the planning area as per
the Development Plan of a town prepared under Section 13 of the Nagar
Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973)."
(d-4) ''Government land'' means such vacant land held by the State Government
in the Revenue Department situated in an urban area and which has not been
alloted to any other Government department for special purpose;
(d-5) Omitted.
(d-6) Omitted.
(e) Words and expressions used but not defined in this Act and defined in the
Madhya Pradesh land Revenue Code, 1959 (No. 20 of 1959), shall have the
meanings, respectively, assigned to them in that Code.
3. Settlement of land .- (1) Notwithstanding anything contained in any law for
the time being in force, the land occupied by a landless person in any urban area on
Page 3 of 6
the 31st day of December, 2012 shall subject to the provisions of sub -section (2) be
deemed to have been settled in his favour on the said date.
(2) The Authorised Officer may, subject to the rules framed or directions issued
by the State Government from time to time, either settle the land in actual occupation
of the landless person or allot to him any other land not exceeding forty five square
metres in lease hold rights in his favour, provided he adduces following proof of his
residence in the urban area prior to 31st December, 2012,-
(a) the ration card issued to him by the competent authority; or
(b) the written testimony from the appropriate officer authorized by the
Municipal Corporation, Municipality or Nagar Panchayat as the case may be,
certifying that he lived in the area prior to 31st December, 2012:
Provided that where the landless person is in occupation of more than forty-
five square metres of land, settlement may be made for land up to 80 square metres
in a Nagar Panchayat area, 60 square metres in a Municipal Council area; however
the land settlement in the area of a Municipal Corporation shall not exceed 45
square metres of land”.
(3) The lease hold rights accrued under sub -section (1) shall not be transferable
by sub -lease, sale, gift, mortgage or any oth er manner whatsoever except by
inheritance.".
Provided that such lease hold rights may be mortgaged in favour of a
nationalized bank or a Co -operative society or a government undertaking, to
securing loan for construction of a expansion of a residential house.
(4) If the landless person to whom the l easehold rights have been accrued in
respect of any land under this Act, transfers such land in contravention of the
provisions of sub -section (3) or uses the said land for any purpose other than
residential purpose, the following consequences shall ensue, namely:-
(i) the lease shall stand automatically cancelled on the data of such transfer.
(ii) such transfer shall be null and void.
(iii) no lease hold rights shall accure to the transferee in respect of such land.
Page 4 of 6
(iv) the authorised officer shall have t he right to disposses the person who is
in actual possession of such land.
(5) Notwithstanding anything contained in the Registration Act, 1908 (No. 16 of
1908) no officer empowered to register documents thereunder shall admit to
registration any document which purports to contravence charges at such rate and in
such manner as may be prescribed.
(6) The landless person to whom the lease hold rights have accrued under sub -
section (shall) pay development charges at such rate and in suc h manner as may be
prescribed.
(7) The lease deed in respect of the lease hold rights granted to the landless
person shall be affixed with a recent photograph of the person and a copy of such
photograph shall also be affixed in the land rent register and where the lease hold
rights are granted jointly in the name of both husband and wife a joint photograph of
both shall be affixed on the aforesaid documents.
3-A. Removal of dwelling houses. - (1) the Committee constituted by the State
Government in this behalf shall decide the removal of any slum dwelling and its
settlement in accordance with the procedure prescribed.
(2) Any landless person who is occupation of the land of a public park in the side
of a road or in between road and dwellings may be removed from such place in
public interest and may be given lease hold rights elsewhere.
(3) Any site for dwelling house wher e the landless persons are settled under
sub-section (1) of Section 3 may be shifted elsewhere in public interest and their
lease hold rights may be cancelled and such persons may be settled elsewhere.".
4. Restoration of possession .- (1) If any landless person to whom leasehold
rights have accrued in the land under section 3 disposse ssed from that land or any
part thereof otherwise than in due course of law, the Authorised Officer shall on an
application made to him by the said landless p erson within six months from the date
of dispossession restore such possession.
(2) If any dispute arises as to the occupation of the land in question on the 31st
December 2012 the landless person claiming such occupation on the said date may
Page 5 of 6
refer the dispute to the Au thorised Officer for decision. T he decision of the
Authorised Officer thereon shall be final.
Provided that no order under sub -section (2) shall be passed without giving a
reasonable opportunity of being heard to the parties in dispute.
4-A. Revision - The Collector may, at any time, on his own motion or on
application make by any party interested for the purpose of satisfying himself as to
legality or propriety of any order passed by or as to the regularity of any proceeding
before the authorised officer, call for and examine record of any cause disposed of
by or pending before such officer and may pass such order in reference thereto as
he thinks fit:
Provided that-
(i) no such application shall be entertained unless presented within thirty days
from the date of the order;
(ii) no order shall be varied or reversed in revision unless notice has been
served on the party interested and the opportunity given to him of being
heard.
5. Penalties.-(1) Any person who-
(i) Wrongfully dispossesses or attempts to dispossesses an occupier of a
dwelling house;
(ii) Recovers or attempts to recover rent in any manner from an occupier of a
dwelling house.
(iii) Conceals any information or gives wrong information with intention to
fraudulently acquire leasehold rights;
Shall be punished with rigorous imprisonment which shall not be less than
three months but which may extend to three years and with fine which shall not be
less than two thousand rupees but which may extend to ten thousand rupees.
(2) If it is found that the landless person to whom the lease hold rights have
accrued in respect of any land under this Act sold such land or otherwise transferred
the same in contravention of the provisions of sub -section (3) of Sect ion 3, the
Page 6 of 6
Authorised Officer may file a complaint before the competent court and such person
shall, on conviction, be punished which imprisonment which shall not be less than
three months but which may extend to three years and with fine which shall not be
less than two thousand rupees but which may extend to ten thousand rupees.
(3) If any person by force, deception or Seduction of money, dispossess an
occupier of a land or dwelling house, the Authorised officer may file a complaint
against such person in the competent court and such person shall, on conviction, be
punished with imprisonment which shall not be less than three months but which
may extend to three years and with fine which shall not be less than two thousand
rupees but which may extend to ten thousand rupees.
5-A. Effect of illegal Possession. - If any land is not is not in possession of the
occupier who has been given lease hold rights under this Act but is in possession of
any other person, then an amount equal to one and a quarter times o f the market
value of the land, in case such land is used for dwelling purposes and two times of
the market value of such land if it is u sed for commercial or for other non-dwelling
purposes, shall be recovered from such person who is in pos session of such land at
present and upon payment of such amount the present occupier shall be entitled to
get a lease hold rights over such land under this Act.
6. Power to make rules. - (1) The State Government may make rules to carry
out all or any of the purposes of this Act including matters relatin g to premium and
ground rent.
(2) Any rule made under this Act shall be laid on the table of the legislative
Assembly.
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CHHA TilSGARH ADHJN!Y AM
(No. 7 of 2003)
THE CHHA TTISGARH NAGARIY A KSHETRON KE BHUMIHIN VY AKTI
(PATTADHRITI ADHIKARON KA PRADAN KIYA JANA (SANSHODHAN)
.j ADHINIY AM, 2003
-~ An Act further to amend the Chhattisgarh Nagariya Kshetron Ke Bhumihin Vyakti
/ (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam; 1984.
(
)
Be it enacted by the Chhattisgarh Legislature in the Firty-fourth year of the Republic oflndia
as follows :-
I. (1) This Act may be called the Chhattisgarh Nagariya Kshetron Ke Bhumihin Vyakti
(Pattadhriti Adhikaron Ka Pradan Kiya Jana) (Sanshodhan) Vidheyak, 2003
(No. 7 of 2003).
(2) It shall come into force on such date on which the" State Government may,
by notificati_on in the official Gazette, appoint.
2. In Sub-section (I) and (2) of Section 3 of the Chhattisgarh Nagariya Kshetron Ke Bhumihin
Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) (Sanshodhan) Adhiniyam, I 998 (No. 19
, of 1998) the following Sub-section shall be substituted, namely:-
(i) In Sub-section (I) of Section 3 forwords"31stMay, 1998",t_hewords" 19th
November, 2002" shall be substituted.
(ii) In Sub-section (2) of Section 3 for words "3 l st May, l 998", the words "19th
November, 2002" shall be substituted.
214 (9)
Short title and Com•
menccmcnt.
Amendmerq .r,f Sec
tion 3 (.1) and (2).
In Sub-section (2) of Section 4 of the Chhattisgarh Nagariya Kshetron Ke Bhumihin Vyakti Amendment of Scc-
,.
' ·•
(Pattadhriti Adhikaron Ka Pradan Kiya Jana) (Sanshudhan) Adhiniyam, 1998 (No. 19 of lion 4 (2).
1998) the following Sub-section, shall be substituted, namely:-
(i) In Sub-section (2) of Section 4 for words "31st May, 1998" the words "19th
November, 2002" shall be substituted.
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CHHATTISGARH ACT
(No. 5 of 2019)
THE CHHATTISGARH NAGARIYA KSHETRO KE BHOOMlHIN VYAKTI
(PATTADHRITI ADHIKARON KA PRADAN KIYA JANA) (SANSHODHAN)
ADHINIYAM, 2019
An Act further to amend the Chhattisgarh Nagariya Kshetro Ke Bhoomihin Vyakti
(Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984).
Be it enacted by the Chhattisgarh Legislature in the Seventieth Year of the
Republic of India, as follows :-
Short titl e, extent I.
and
commencement.
Amendment
Section 2.
Amendment
Section 3.
of 2.
of ,.,
.> •.
Inserti on of New 4.
Section s 3-B , 3- C
and 3-0 .
(I) This Act may be called the Chhattisgarh Nagariya Kshetro Ke Bhoomihin
Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) (Sanshodhan) Adhiniyam,
2019.
(2) It extends to the whole State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette .
In Chhattisgarh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan
Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984), (hereinafter referred to as the Principal
Act), clause (d-6) of Section 2 shall be omitted.
(I) In the Principal Act, in Section 3,-
(a) in sub-section ( 1) and (2), for the word and figures " 19th Novemb er,
2002", the word and figures " 19th November, 2018" shall be
substituted, respectively ;
(b) in sub-section (2), in proviso, for the words " Rajbhogi cities", the
word " Raipur" shall be substituted;
(c) in sub-section (3), for the punctuation full stop ".", the punctuation
colon ":" shall be substituted; and
(d) after sub-section (3), the fo llowing shall be added, namely :-
" Provided further that lease-hold rights granted at any time over land
under occupation up to 19th day ofNovemb er, 2002 can be transferred through
sub-lease rights, sale, gift and mortgage or other means and it can be made for
transfer or change of name in land records."
In the Principal Act, after Section 3-A, the following shall be added , namely: -
"3-B. Regularization.- Notwithstanding anything contained in Section 3, if the
Authorised Officer finds that the land actually occupied by an occupier who
has been granted lease under the Act, is in excess of the settlement originally
5.
6.
made in his favour, then such excess land may also be settled and
such changed land-use may be regularized in his favour subject to
the following conditions :-
(a) Only such cases where the original lease was granted on or before
19th day ofNovember , 20 18 shall be entertained for relaxation under
this Section;
(b) The excess land under occupation should not exceed fifty percent of
the original land settled;
(c) In case the excess land under occupation is more than fifty percent of
the original land, the occupier will have to first clear the
encroachment on land in excess of fifty percent;
(d) Such excess land must be contiguous to the original land;
(e) The land use must not be violative of the current Master Plan;
(t) The rate to be charged for lease on the excess land being regularized
shall be as may be prescribed by rules;
(g) In respect of the excess land being regularized under this Section, the
ceilings specified in proviso to sub-section (2) of Section 3, shall be
increased by fifty percent, namely, 1500 sft in place of I 000 sft for
Nagar Panchayat towns, 1200 sft in place of 800 sft for Municipality
towns, I 050 sft in place of 700 sft for other Municipal Corporation
towns other than Raipur, and 900 sft in place of 600 sft for Raipur,
shall be applicable.
3-C. Renewal of Lease.- The lease rights shall be granted under this Act in
terms of rules framed under Section 6, for such period as the
Government may prescribe and on completion of the lease term, it
may be renewed for such further period and on such conditions as
may be prescribed in the rules framed under Section 6.
3-D. Restriction on Sale.- Notwithstanding anything to the contrary
contained in this Act, no person who has been granted lease over
land under this Act shall be entitled to transfer such land, in part or
in whole, before expiry often years from the date of grant of lease.
Procedure of the registration of transfer shall be such as may be
prescribed :
provided that ifa person chooses to sell the land granted on
lease under this Act, he and/or his family shall forthwith forfeit all
eligibility for being granted lease over any other land at any time
thereafter.
Note - "Family" means husband, wife, dependent children and mother
father"
In the Principal Act, in Section 4, in sub-section (2), for the word and figure " 19th
November, 2002", the word and figures " 19th November, 20 18" shall be substituted.
In the Principal Act, in Section 6, for sub-section ( 1), for the following shall be
substituted, namely :-
"( I) The State Government may make rules to carry out all or any of the purposes of
this Act including matters relating to premium and ground rent."
Amendment
Sect ion .t.
Amendment
Sect ion 6.
266 (3)
of
of