The rajasthan land pooling scheme act, 2016

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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, June 29, 2018
No. F. 2(26) Vidhil2/2016 .-In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication "in the Rajasthan Gazette of the following
translation in the English language of Rajasthan Bhoomi Pooling
Scheme Adhiniyam, 2016 (2018 Ka Adhiniyam Sankhyank 14) :-
(Authorised English Translation)
THE RAJASTHAN LAND POOLING SCHEMES ACT, 2016
(Act No. 14 of 2018)
[Received the assent of the president on the 14thday 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.
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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
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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;
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(xi) "plot" means a portion of land, in the land pooling
scheme or in any other scheme, held in single or
joint ownership;
(xii) "preliminary scheme" means a preliminary scheme
relating to a land pooling scheme prepared under
this Act;
(xiii) "prescribed" means prescribed by rules made under
this Act;
(xiv) "public purpose" includes any purpose which is
useful to the public or any class or section of the
public and the requirement of land reserved or
designated in a plan, project or scheme or for any
other purposeunder this Act;
(xv) "reconstituted plot" means a plot which is in any
way altered by the making of a land pooling
scheme;
Explanation.- For the purpose of this clause
"altered" includes the alteration of ownership of a
plot;
(xvi) "scheme" means a land pooling scheme; and
(xvii) "sub-division 11 means division of a parcel or piece
of land into two or more parts.
(2) Words and expressions used in this Act, but not defined
herein, shall have the same meanings as assigned to them in the
Rajasthan Urban Improvement Act, 1959 (Rajasthan Act No. 35 of
1959), the Rajasthan Municipalities Act, 2009 (Rajasthan Act No.
18 of 2009), Jaipur Development Authority Act, 1982 (Act No. 25
of 1982), the Jodhpur Development Authority Act, 2009 (Act No.
2 of2009) and Ajmer Development Authority Act, 2013 (Act No.
390f2013).
CHAPTER 2
Land Pooling Scheme
3. Preparation of Land Pooling Scheme.- Subject to the
provisions of this Act or any other law for the time being in force,
the appropriate authority may make one or more land pooling
schemes for the area under its jurisdiction or any other area as may
be notified by the State Government:
Provided that the State Government may in this behalf
direct any appropriate authority by specific or general order to
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make land pooling scheme for any area in the State:
Provided further that where any land pooling scheme is not
made for any specific area adjacent to any land pooling scheme,
the owners of the lands of such area may make a request to the
appropriate authority to make a land poling scheme for such area.
4. Power of appropriate authority to declare its intention
to make scheme.- (1) Before making any land pooling scheme
under the provisions of this Act in respect of any area, the
appropriate authority in consultation with the Chief Town Planner
may, by resolution, declare its intention to make such a scheme in
respect of such area.
(2) Within twenty one days from the date of such declaration
(hereinafter referred to as the declaration of intention to make a
scheme), the appropriate authority shall publish it in the prescribed
manner and shall submit a copy thereof along with a plan showing
the area which it proposes to include in the land pooling scheme to
the State Government.
(3) A copy of the plan submitted to the State Government under
sub-section (2) shall be oper, to the inspection of the public during
office hours at the office of the appropriate authority
5. Power of the State Government to require the
appropriate authority to make scheme> (1) Notwithstanding
anything contained in this Act, the State Government may, in
respect of any appropriate authority, after making such enquiry, as
it deems necessary, direct that appropriate authority to make and
submit for its sanction a draft scheme in respect of any area in
regard to which a scheme may be made after a notice regarding its
making has been duly published in the prescribed manner.
(2) If the appropriate authority fails to make the declaration
of intention to make a scheme within sixty days from the date of
direction made under sub-section (1), the State Government may,
by notification in the Official Gazette, appoint an officer to make
and submit the draft scheme for the area to the State Government
after a notice regarding its making has been duly published as
aforesaid and thereupon the provisions of this Act shall, as far as
may be applicable, apply to the making of such a scheme.
6. Contents of land pooling scheme.- (1) The scheme may
make provisions for any or all of the following matters, as the
appropriate authority deems fit, namely:-
(i) the laying out or relaying out of land, either vacant
or already built upon;
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9(57)
(ii) the filling up or reclamation of low-lying, swampy
or unhealthy areas, or levelling up of land;
(iii) layout of new streets or roads, construction,
diversion, extension, alteration, improvement and
closing up of streets and roads; and
communi. itions;
(iv) the .constructions, alteration and removal of
buildings, bridges and other structures;
(v) the allotment or earmarking of land for roads, open
spaces, gardens, recreation grounds, schools,
markets, industrial and commercial activities,
green belts, dairies, transport facilities and public
purposes of all kinds;
(vi) drainage inclusive of sewerage, surface or sub-soil
drainage and sewerage disposal;
(vii) lighting;
(viii) water supply;
(ix) the preservation and protection of, objects of
historical or national interest or natural beauty, and
of buildings actually used for religious purposes;
(x) the earmarking of land for the purpose of providing
affordable housing for such class of people as may'
be determined by the State Government; . .
(xi) (a) the allocation of land from the total area covered
under the scheme at least to the extent of -
(i) fifteen percent for parks, playgrounds, garden
and open spaces and social infrastructure such
as schools, dispensary, fire brigade,
community facilities, and public utility;
(ii) fifteen percent for roads; and
(iii) fifteen percent for sale by appropriate
authority for residential, commercial or
industrial use depending on the' nature of
development including minimum 5% for
Economically Weaker Sections and Lower
Income Group housing:
Provided that the percentage of the allocation of
land may be altered depending upon the nature of
development and for the reasons to be recorded III .
writing;
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(b) the proceeds from the sale of land referred to in
part (iii) of sub-clause (a) shall be used for the
purpose of providing infrastructure facilities;
the .imposition of conditions and restrictions in
regard to the open space to be maintained around
buildings, the percentage of building area for a
plot, the number, size, height and character of
buildings allowed in specified areas, the sub-
division of plots, the discontinuance of
objectionable uses of land or buildings in any area
in specified periods, parking spaces and loading
and unloading spaces for any building and
advertisement signs;
the suspension, so far as may be necessary, for
proper carrying out of the scheme, of any rule,
bye-law, regulation, notification or order made or
issued under any Act of the State Legislature or
any of the Acts which the State Legislature is
competentto amend:
Pr-ovided that any suspension under this
clause shall cease to operate in the event of the State
Government refusing to sanction the preliminary
scheme or in the event of withdrawal of scheme,
under section 28 or on the coming into force of the
final scheme;
protection of the natural disaster or hazard prone
areas;
such other matters not inconsistent with the objects
of this Act, as may be prescribed.
(2) A draft scheme shall contain the following particulars, so
far as may be necessary, namely»
(i) the area, ownership and tenure of each original
plot;
(ii) the particulars of land allotted or earmarked under
clause (v) of sub-section (1) with a general
indication of the uses to which such land is to be
put and the terms and conditions subject to which
such land is to be put to such uses;
(iii) the extent to which it is proposed .to alter the
boundaries of the original plots;
(xii)
(xiii)
(xiv)
(xv);
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(iv) an estimate of the total cost of the scheine and the
net cost to be borne by the appropriate authority;
(v) a full description of all the details of the scheme
under sub-section (1) as may be applicable;
(vi) the laying out or re-laying out ofland either vacant
or already built upon including areas of
comprehensive development;
(vii) the filling up or reclamation of low-lying, swampy
or nhealthy reas or levelling up of land; and
(viii) any other pc...'"t~culars,as may be prescribed.
7. Preparation and pubhcatlon of draft scheme.- (1) Not
later than nine months from the date of declaration of intention, the
appropriate authority shall, with the prior consent of the local
authority in whose jurisdiction the land under the proposed scheme
falls, make a draft scheme for the area in respect of which the
declaration was made and publish the same in the Official Gazette
along with the draft regulations in the manner as may be prescribed
and shall also publish a public notice stating that the draft scheme
in respect of such area has been made and at what place and time a
copy thereof shall be available for inspection by public and shall
also state that copies thereof or any extract there from certified to
be correct, shall be available for sale to the public at a reasonable
pnce:
Provided that the State Government may, on application
made by the appropriate authority from time to time, by
notification in the Official Gazette, extend the period specified in
this sub-section by such period not exceeding three months as may
be specified in the notification.
(2) The local authority shall give its consent under sub-
section (1) within the one month and if such consent is not given
within this period, the appropriate authority shall presume that the
local authority has no objection to the provisions of the draft
scheme:
Provided that where the local authority conveys its refusal to
give consent to the draft scheme within the prescribed period or
where there is a difference of opinion between the appropriate
authority and the local authority with regard to the draft scheme,
the matter shall be referred by the appropriate authority to the State
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Government for decision and the decision of the State Government
shall be final.
(3) If the appropriate authority fails to make a draft scheme
and publish a notice regarding its making within the period
specified in sub-section (1), the' declaration shall lapse, but any
such lapse of the declaration shall not debar the a~ropriate
authority from making a fresh declaration at any time in respect of
the same area.
(4) If the draft scheme is not made and published by the
appropriate authority within the period specified in sub-section (1)
or within the period extended under the proviso to that sub-section,
an official appointed by the State Government may make and
publish in the Official Gazette, a draft scheme for the area in
respect of which the declaration of intension to make a scheme has
been made within a period of nine months from the date of the
expiry of the aforesaid period, or the extended period, as the case
maybe. .
8. Objections to Draft Scheme to be considered.- If,
within one month from the date of publication of a draft scheme,
any person affected by such scheme communicates in writing to
the appropriate authority any objections relating to such scheme,
the appropriate authority shall consider such objections and may at
any time before submitting the draft scheme to the State
Government as hereinafter provided modify such scheme as it
thinks fit.
9. Reconstitution of plots.- (1) In the draft scheme referred
to in sub-section (2) of section 6, the size and shape of every plot
shall be determined, so far as may be, to render it suitable for
building purposes, and where a plot is already built upon, to ensure
that the building, as far as possible complies with the provisions of
the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft scheme may
contain proposals-
(i) to form a final plot by the reconstitution of an
original plot by alteration of its boundaries, if
necessary;
(ii) to form a final plot from an original plot by the
transfer wholly or partly the adjoining lands;
(iii) to provide, with the consent of the owners, that
two or more original plots each of which is held
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in ownership in severally or in joint ownership,
shall hereafter, with or without alteration of
boundaries, be held in ownership in common as a
reconstituted plot;
(iv) to allot a final plot to any owner dispossessed of
land in furtherance of scheme; and
(v) to transfer the ownership of an original plot from
one person to another.
(3) Where under clause (xii) of sub-section (1) of section 6,
purpose to which buildings or, specified areas may not be
appropriated or uses have been specified, the buildings shall cease
to be used for a purpose other than the purposes specified' in the
scheme within such time as may be specified in the final scheme
and the person affected' by the provision shall be entitled to
compensation from the Appropriate Authority in the manner and
according to the method as may be prescribed:
Provided that in ascertaining such compensation the time
within which the person affected was permitted to change the use
shall be taken into consideration.
10. Power of State Government to sanction draft
scheme.- (1) The appropriate authority shall, not later than three
months from the date of publication of the draft scheme under
section 7, submit the same with any modifications which it may
have made therein together with a copy of objections received by it
to the State Government for sanction.
The State Government may, within three months from
the date of its receipt, by notification, sanction such scheme with
or without modifications or subject to such conditions as it may
think fit to impose or refuse to sanction it. However, the State
Government may, if deem fit, by notification in the Official
Gazette, return the scheme to the appropriate authority to carry out
such modifications as may be directed, including the direction to
include or exclude any land in question in the scheme. The
appropriate authority shall comply with the directions of the State
Government and shall, after following the procedure laid down in
section 7, submit the scheme within the specified time limit to the
State Government.
If the State Government sanctions such scheme, it shall
in such notification state at what place and time the draft scheme
be open for the inspection of the public and also state that copies of
such scheme on application shall be available for sale. .
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11. Vesting of land in appropriate authority.- (1) Where
a draft scheme has been sanctioned by theState Government under
sub-section (2) of section 10, (hereinafter in this section, referred
to as 'the sanctioned draft scheme'), all lands required by the
appropriate authority for the purposes specified in clauses (iii),
(vi), (vii) or (viii) of sub-section (1) of section 6 shall vest
absolutely in the appropriate authority free from all encumbrances.
Nothing in sub-section (1) shall affect any right of the
owner of the land vesting in the appropriate authority under that
sub-section.
The provisions of sections 31 and 32 shall mutatis mutandis
apply to the sanctioned draft scheme as if the sanctioned draft
scheme were a preliminary scheme.
12. Power of State Government to suspend rules, bye-
laws etc.- (1) Where the appropriate authority has published a
declaration under section 4, the State Covemment may, on an
application of the appropriate authority, by order published in the
Official Gazette, suspend to such extent as may be necessary for
the proper carrying out of the scheme, any rule, bye- law, .
regulation, notification or order made or issued under any law
which the State Legislature is competent to make or amend.
Any order issued under sub-section (1) shall cease to operate
in' the event of the State Government refusing to sanction the
scheme or in the event of the withdrawal of the scheme under
section 28 or in the event of coming into force of the final scheme
or in the event of the declaration lapsing under sub-section (3) of
section 7.
13. Disputed ownership.- (1) Where there is a disputed
claim as to the ownership of any piece of land included in an area
in respect of which a declaration of intention to make a scheme has
been made and any entry in the record of rights or mutation
register relevant to such disputed claim is inaccurate or
inconclusive, an enquiry may be held on an application being made
by the appropriate authority or the Land Pooling Officer at any
time prior to the date on which the Land Pooling Officer draws up
the preliminary scheme under section 22 by such officer as the
State Government may appoint for the purpose of deciding as to
who shall be deemed to be owner for the purposes of this Act.
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1f1Tf4 (cp) ~ XT"\Jl-l1?T,~ ·29, 2018 9 (63}
(2) The decision under sub-section (1) shall not be subject to
appeal but it shall not operate as a bar to a regular suit in a civil
court.
(3) The decision under sub-section (1) shall, in the event of
a civil court passing a decree which is inconsistent therewith, be
corrected, modified or rescinded in accordance with such decree as
soon as practicable after such decree has been brought to the notice
of the appropriate authority either by the civil court or by a person
affected by such decree.
(4) Where a decree of civil court referred to in sub-section
(3) is passed after final scheme has been sanctioned by the State
Government, the final scheme shall. be deemed to have been
suitably modified by reason of such decree.
CHAPTER 3
Control of Development and Use of Land
14.' Restrictions on development after publication of
declaration of intention of land pooling scheme.- (1) On or after
the date on which a declaration of intention of land pooling scheme
is published in the Official Gazette under section 4 in respect to
any area, no person shall carry out any development in any
building or in or over any land, within the limits of the said area
without the permission in writing of the appropriate authority and
without obtaining certificate from it to the effect that development
charge, scrutiny fees or any other fee leviable under this Act has
been paid or that no such charge is leviable:
Provided that no such permission shall he necessary for the
carrying out of - .
(a) any operational construction undertaken by the
Central Government or a State Government;
(b) any work for the purpose of inspecting, repairing
or renewing any drains, sewers, mains, pipes,
cables, telephone or other apparatus or the
breaking open of any street or other land for such
purpose.
(2) The restrictions imposed by this section shall cease to
,operate in the event of the State Government refusing to sanction
the draft scheme or preliminary scheme or the final scheme OI in
the event ofthe withdrawal of the scheme under section 28.
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9 (64) ~ XT\Jf--q?j", "\if'! 29, 2018 ~ 4 ("Cl»
(3) Any diminution in the value of an original plot
occasioned by any contravention of the provisions of sub-section
(1) of this section or any condition imposed under clause (ii) of
sub-section (3) of section 15 shall, notwithstanding anything
contained in this Act with regard to cost of scheme, calculation of
increment and contribution towards cost of scheme be taken into
account in fixing the market value of such plot.
(4) No person shall be entitled to compensation in respect of
any damage, loss or injury resulting from any action taken by the
appropriate authority under sub-section (1) of section 33 except in
respect of a building or work begun or contract entered into before
the date on which a declaration of intention to make a scheme is
published under section 4 or the publication of the draft scheme
under sub-section (1) of section 7:
Provided that where any person is entitled to any
compensation in respect of any building or work under this sub-
section, he shall be so entitled only in so far as such building or
work has proceeded at the time of the declaration of intention or
publication, as the case may be, and subject to the conditions of
any agreement entered into between such person and the
appropriate authority.
(5) On and after the date referred to in sub-section (1), the
appropriate authority intending to carry out development of land,
within (he area included in the scheme, for its own purpose in
exercise of its powers under any law for the time being in force
shall 'carryout such development in conformity with the provisions
of such scheme, and of the bye-laws and regulations relating to
construction of buildings.
15. Application of permission for development.- (1) Any
person, intending to carry'out any development in any building or
in or over any land after the publication of intention of land
pooling scheme shall make an application in writing to the
appropriate authority for permission for such development in such
form and containing such particulars and accompanied by such
documents as may be prescribed.
(2) Every application under sub-section (1) shall be
accompanied by such fee as may be prescribed.
(3) On an application having been duly made under sub-
section (1) and on payment of the development charge or
betterment charges or any other charges, if any, as may be
64

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assessed, the appropriate authority with the approval of the Land
Pooling Officer appointed under section 21 may-
(i) pass an order-
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions
.as it .,ay think necessary to impose; or _
(c) refusing permission;
(ii) without prejudice to the generality of clause (a)
impose conditions- ,
(a) to the effect that the permission granted is only
for a specified period and aftes the expiry of
that period, the land shall be restored to its
previous condition or the use of the land so
permitted shali be discontinued; or
(b) for regulating the development or use of any
land under control of the applicant or for the
carrying out of works on any such land as may
appear to the appropriate authority expeaient.
(4) The appropriate authority in considering the application
for permission shall ensure that it is in conformity with the
provisions of the land pooling scheme prepared or under
preparation under this Act and where the development or apy
modification is likely in the opinion of the appropriate authority to.
interfere with the operation of the land pooling scheme or to be
prejudicial to planned development, or any plan of the local
authority, the appropriate authority may refuse such permission.
(5) Where permission is granted subject to conditions or is
refused, the grounds of imposing such conditions or such refusal
shall be recorded in the order and such' order shall be
communicated to the applicant in the prescribed manner.
(6) If the appropriate authority does not communicate to
grant or refuse permission t6 the applicant within sixty days from
the date of receipt of his application or.within sixty days from the
date of reply from the applicant in respect of any requisition made
by the appropriate authority, whichever is later, such permission
shall be deemed to have been granted to the applicant on the date
immediately following the date of expiry of the aforesaid period.
16. Power to revoke or modify permission to develop>
(1) If it appears to the appropriate authority that it is necessary or
expedient having regard to the land pooling scheme.prepared or .
under preparation and to,any other material.consideration, that any
65

permission granted under this Act should be revoked or modified,
it may, after giving a reasonable opportunity of being heard to' the
person in whose favour the .permission has been granted, by an
order revoke or modify the permission to such extent as appears it
to be necessary.
(2) When permission is revoked or modified by an order
made under sub-section (1), the owner may, within such time and
in such manner, as may be prescribed, claim compensation for the
expenditure incurred in carrying out any work in accordance with
such permission and which has been rendered abortive by the
revocation or modification of permission ..
(3) Where a claim under sub-section (2) is received by the
appropriate authority, it shall, after giving the owner reasonable
opportunity of being heard, assess the amount of compensation and
offer it to the owner.
(4) If the owner does not accept the compensation offered
under sub-section(3), and gives notice, within such time
as may be prescribed, of such' refusal, the appropriate authority
shall refer the matter for the adjudication to such authority as may
be prescribed and the decision of the such authority shall be final
and binding on the owner and the appropriate authority.
17. Penalty for unauthorized development or for use
otherwise than in conformity with land pooling scheme.- Any
person who, either by himself or at the instance of any other
person, commences, undertakes or carries out development of, or
changes the use of, any land -
(i) in contravention of any land pooling scheme; or
(ii) without paying development charge or betterment
charge under section 15; or
(iii) without the permission as required under section 15;
or
(iv) in contravention of any condition subject to which
such permission has been granted; or
(v) after the permission for development has been
revoked under section 16; or
(vi) in contravention of the permission which has been
modified under section 16,
shall be punishable with imprisonment of either description for a
term which may extend to three years or with fme which may
extend to ten thousand rupees or with both, and in the case of
continuing offence with a further fine which may extend to one
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9(67)
thousand rupees for every day during which such contravention
continues after conviction for the first such contravention.
18. Power to require removal of unauthorized
development or use.- (l) Where any development of land has
been, or being, carried out in any manner or any building has been
erected or re-erected or any excavation has been made or extended
or any means of access has been laid out to a road in contravention
of the provisions of this Act, the appropriate authority may serve
on the owner a notice being !10l less than one month, as may be
specified therein, requiring him after the service of the notice, to
take such steps, as may be specified in the notice, namely:-
(i) in cases specified in clauses (i), (iii) and (v) of
section 17, to restore the land to its condition
before the said development, erection, re-erection,
excavation or laying out of any means of access to
a road took place;
(ii) in cases specified in clause (iv) and (vi) of section
17, to secure compliance with the conditions or
with permission as modified;
(iii) in cases specified in clause (ii) section 17, to pay
the development charge or betterment charge and
such penalty, if any, as may be prescribed:
Provided that in case the notice requires the discontinuance
of the use of any land, the appropriate authority shall serve a notice
on the occupier also.
(2) In particular, any such notice may, for the purposes of
sub-section (1), require,-
(i) the sealing; demolition or alteration of any building
or works;
(ii) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within such
period and in such manner, as may be prescribed,-
(i) apply for permission under section 15 for the
retention on the land of any building or works or
for the continuance of any use of the land, to which
the notice relates; or .
(ii) appeal to the State Government.
(4) (i) The notice shall be of no effect pending the final
disposal or withdrawal of the application or the appeal.
(ii) Where permission is granted on an application
referred to in clause (i) of sub-section (3), the
67

notice shall not take effect and. where such
permission is granted for the retention only of
some building d; works or for the continuance of
" use of only a-part of the land, such notice shall not
take effect regarding such building or works or
such part .of the land, but shall have full effect
regarding other buildings or works or other parts of
the land.
(5) Where an appeal has been preferred under clause (ii) of
sub-section (3), the State Government may, after affording a
reasonable opportunity to the appellant and the appropriate.
authority of being heard, dismiss the appeal or accept the appeal by
quashing or varying the notice as it may think fit and the decision
of the State Government on the appeal shall be final and shall not
be questioned in any court.
(6) If within the period specified in the notice or within
such period after the disposal or withdrawal of the application for
permission or the appeal under sub-section (3), as the case may be,
the notice or so much of it as continues to have effect, or the notice
with variations made in appeal, is not complied with, the
appropriate authority may-
(i) prosecute the owner for not complying with the
notice and in the case where the notice required the
discontinuance of any use of land, prosecute any
other person also who uses the land or causes or
permits the land to be used in contravention of the
notice; and
(ii) (a) in the case of a notice requiring the demolition or
alteration of any building or other operations, itself
cause the restoration of the land to the condition in
which it was before the development, erection, re-
erection, excavation or laying out any means of
access to a road, as the case may be, took place and
secure the compliance. with the conditions of the
permission or with the permission as modified, by
taking such. steps as the appropriate authority may
consider necessary including demolition or alteration
of any building or works or carrying out of any
building or other operations; and
68

~ XT\if-lBf, "9I.329, 2018 9(69)
(b) recover the cost of any expenses incurred by it in
this behalf from the owner as arrears of land
revenue.
(7) Any person prosecuted under clause (i) of sub-section
(6) shall be punishable with imprisonment of either description for
a term which may extend to three years or with fine which may
extend to ten thousand rupees or with both, and in the case of
continuing offence, with fine which may extend to one thousand
rupees for every day during. which such contravention continues
after conviction for the first such contravention.
19. Power to require to discontinue unauthorized
development- (1) Where any development of land has been t
carried out in any manner specified in clauses (i) to (vi) of section
17 or any building has been erected or re-erected or any excavation
has been made or extended or any means of access has been laid to
any road in contravention of the provisions of section 15, but has
not been completed, the appropriate authority may serve on the
owner and the person carrying out the development or the erection
or re-erection of building or making or extending any excavation
or laying out any means of access to a road, a notice requiring him
to discontinue the same from the time of service of such notice.
(2) Where a notice has been served under sub-section (1),
the person aggrieved by such notice may appeal to the State
Government and the provisions of sub-sections (5) and (6) of
section 18 shall apply with such modifications as may be
necessary .
(3) Any person, who continues to carry out the development
of land whether for himself or on behalf of the owner or any other
person, after such notice has been served, shall be punishable with
imprisonment of either description for term which may extend to
three years or with fine which may extend to ten thousand rupees,
and when the non-compliance is continuing one, with a further
fine which may extend to one thousand rupees for every day after
the date of notice during which the non-compliance has continued
or continues.
(4) If a notice under sub-section (1) is not complied
forthwith, the appropriate authority or any officer authorized by it
in this behalf, as the case may be, may seal the property, and
require a police officer to remove such person and other workmen
from the land with his assistance and such police officer shall
comply with such requisition.
69

9 (70)
(5) Where action has been taken by a police officer under
sub-section (4), the appropriate authority or the officer referred to
in that sub-section, shall take necessary steps to ensure that such
development is not continued.
'(~)Any expenses incurred -by the appropriate authority
under sub-section (4) and sub-section (5) shall be paid by the
person at whose instance such development is. being continued or
to whom notice under sub-section (1) was given and shall be
recoverable from such person as arrears of land revenue.
20. Recovery of expenses incurred> Any expenses
incurred by the appropriate authority under section 18 or section 19
shall be a sum due to 'the appropriate authority under this Act from
the person in default or the owner of the land, building or land
concerned.
CHAPTER 4
Final Schemes
21. Appointment of Land Pooling Officer.- (1) Within
one month from the date on which the sanction of the State
Government to a draft scheme is published in the Official Gazette,
the State Government shall where necessary for the purposes of
one or more schemes received by it for sanction, appoint any
official of the State Government, possessing such qualifications, as
may be prescribed, to be a.Land Pooling Officer:
Provided that the' State Government may, on the request
made by appropriate authority appoint a Land Pooling Officer .
within one month from the date of declaration of intention of draft
scheme under section 4.
The' appropriate authority shall render all reasonable
assistance to the Land Pooling Officer and shall allow it to
examine all papers, documents and plan connected with the
scheme ..
The State Government may, if it thinks fit at any time, remove
for incompetence or misconduct or replace for any good or
sufficient reason a Land Pooling Officer appointed under sub-
section (1) and shall forthwith appoint another official to take his
place and any pr~ceeding pending before the Land Pooling Officer
immediately before the date of his removal or replacement shall be
continued and disposed of by the new Land Pooling Officer
appointed in his place:
70

-,
9(71).
Provided that no Land Pooling Officer shall be removed
under this sub-section except after an inquiry in which he has been
informed of the charges against him and a reasonable opportunity
of being heard in respect of those charges has been given to him..
Subject to the provisions of sub-section (3), a Land Pooling
Officer appointed under sub-section (1) for the 'purpose of any
scheme shall cease to hold .office with effect from the. date on
which the final scheme is sanctioned.
22. Duties of Land Pooling Officer.- Within a period of
twelve months from the date of his appointment, the Land Pooling
Officer shall, after following the prescribed procedure, split the
land pooling scheme into a preliminary scl-emeand a final scheme:
Provided that the State Government may, by order in
writing, extend the said period by such further period not
exceeding nine months in aggregate and any such order extending
the period may be made so as to have retrospective effect.
23. Contents of preliminary and final scheme.- (1) In a
preliminary scheme, the Land Pooling Officer shall,-
(i) after giving notice in the prescribed manner and in
the prescribed form to the persons affected by the
scheme, define and demarcate the areas allotted to,
or earmarked for, any public purpose, or for a
purpose of the appropriate authority and the final
plots;
(ii) after giving notice as aforesaid, determine in a case
in which a final plot is to be allotted to persons in
ownership in common, the shares of such persons;
(iii) provide for the total or partial transfer of any right
in an original plot to a final plot"or provide for the
transfer of any right in an original plot in
accordance with provisions of section 45;
(iv) determine the period within which the works
provided in the scheme shall be completed by the
appropriate authority.
(2)The Land Pooling Officer shall submit the preliminary
scheme so prepared to the State Government for sanction.
(3) As soon as the State Government sanction the
preliminary scheme, the Land Pooling Officer shall thereafter
71

9 (72)
prepare and submit to the State Government the final scheme in
accordance with the provisions of sub-section (4).
(4) In the final scheme, the Land Pooling Officer shall, -
(i) fix the difference between the total of the values
of the original plots and the total of the values of
the plots included in the scheme in accordance
with the clause (vi) of sub-section (1) of section
41; ,
(ii) determine whether the areas used, allotted or
earmarked for a public purpose or purposes of the
appropriate authority are beneficial wholly or
partly to the owners or residents within the area of
the scheme; .
(iii) estimate the portion of the .sums 'payable as
compensation on each plot used, allotted or
earmarked for a public purpose or for the purpose
of the appropriate authority which is beneficial
partly to the owners or residents within the area of
the scheme and partly to the general public, which
shall be included in the costs of the scheme:
(iv) calculate the contribution to be levied under sub-
section (1) of section 43, on each plot used,
allotted or earmarked for a public purpose or for
the purpose of the appropriate authority which is
beneficial partly to the owners or residents within
the area of the scheme and partly to the general
public;
(v) determine the amount of exemption, if any, from
the payment of contribution that may be granted
in respect 'of plots exclusively occupied for
religious or charitable purposes;
(vi) estimate the increment to accrue in respect of each
plot included in the ,scheme in accordance with
the provisions of section 42;
(vii) calculate the proportion of the contribution to be
levied on each plot in the final scheme to the
increment estimated to accrue in respect of such
-plotunder sub-section (1) of section 43;
(viii)calculate the contribution to be levied on each plot
included in the final scheme;
72

(ix) determine the amount to be deducted from, or
added to, as the case may be, the contribution
leviable from a person in accordance with the
provisions of section 43;
(x) estimate with reference to claims made before
him, after nou ce has been given by him in the
prescribed Planner and in the prescribed form, the
compensation to be paid to the owner of any
property or right injuriously affected by the
making of the land pooling scheme "in accordance
with the provisions of section 46.
(5) The Land Pooling Officershall draw in the prescribed
form the pteliminary and the final scheme in accordance with the
draft scheme:
- Provided that the Land Pooling Officer may make
modification in the draft scheme, but no such modification; if it is
of a substantial nature, shall be made except with the previous
sanction of the State Government, and except after hearing the
appropriate authority and any owners who may raise objections.
Explanation.- (i) For the purpose of this proviso
"modification of a substaritial nature" means a modification which
is estimated by the Land Pooling Officer to involve an increase of
ten percent in the costs of the scheme as is described in section 41
or on account of the provisions of new works or the allotment of
additional sites for public purposes included in the preliminary
scheme drawn up by the Land Pooling Officer ..(Ii) If there is any difference of opinion between the Land
Pooling Officer and the appropriate authority as to whether a
modification made by the Land Pooling Officer is of substantial
nature or not, the matter shall be referred by the appropriate
authority to the State Government whose decision shall be final.
24. Certain decisions of Land Pooling Officer to be final.-
Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii)
and (x) of sub-section (4) of section 23, every decision of the Land
Pooling Officer shall be final and conclusive and binding on all
parties. including the appropriate authority.
2

Excerpt shown. Open the full act in Lexace.

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