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The rajasthan urban land (certification of titles) act, 2016

Rajasthan · state statute
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Rajasthan Urban Land (Certification of Titles) Act, 2016 
(Act No. 12 of 2016) 
 
[Dated 26.4.2016] 
[Received the assent of the Governor on the 25th day of April, 2016] 
An Act to provide for survey and maintenance of record of urban lands and 
certification of titles thereof and matters connected therewith and incidental thereto. 
Be it enacted by the Rajasthan State Legislature in the Sixty-seventh Year of the 
Republic of India, as follows: - 
Chapter I 
Preliminary 
1. Short title, extent and commencement.  - (1) This Act may be called the 
Rajasthan Urban Land (Certification of Titles) Act, 2016. 
(2) It shall extend to the whole of the State of Rajasthan. 
(3) It shall come into force in such urban areas of the State and from such date as the 
State Government may by notification in the Official Gazette, appoint from time to 
time and different dates may be appointed for different areas. 
2. Act not to be in derogation of any other law.  - The provisions of this Act shall be 
in addition to, and not in derogation of, any other law for the time being in force. 
3. Definitions.  - In this Act, unless the context otherwise requires, - 
(i) "abadi" , "abadi area" or "abadi land" means an area or land defined as such in 
clause (b) of section 103 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 
1956); 
(ii) "agriculture"  means agriculture as defined in clause (2) of section 5 of the 
Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955); 
(iii) "certificate"  means the certificate of title issued by the Certification Authority 
under section 25; 
(iv) "Certification Authority"  means the Urban Land Title Certification Authority 
appointed under section 21; 
(v) "Clear"  means the Rajasthan Computerized Land Evaluation and Administration 
of Records, a central system of electronic data storage established and maintained, 
in the manner as may be prescribed; 
(vi) "DLC rates"  mean the rates determined from time to time by the District Level 
Committee constituted by the State Government under clause (b) of sub-rule (1) of 
rule 2 of the Rajasthan Stamp Rules, 2004 for the purpose of levying Stamp Duty on 
instruments; 
(vii) "fraud"  shall have the same meaning as assigned to it under section 17 of the 
Indian Contract Act, 1872 (Central Act No. 9 of 1872); 
(viii) "instrument"  shall have the same meaning as assigned to it in section 3 of the 
Transfer of Property Act, 1882 (Central Act No. 4 of 1882); 
(ix) "land"  means the land which is not let or held for agricultural purposes; 
(x) "misrepresentation"  shall have the same meaning as assigned to it under section 
18 of the Indian Contract Act, 1872 (Central Act No. 9 of 1872); 
(xi) "premises"  mean any land or building described as such in any record prepared 
under this Chapter or in any other previously existing record; 
(xii) "survey"  includes identification of boundaries and all other operations antecedent 
to, or connected with, survey; 
(xiii) "title holder"  means the person who holds title of the urban land in accordance 
with law and who is issued a certificate of title under and in accordance with the 
provisions of this Act; 
(xiv) "Tribunal"  means the Tribunal constituted under section 34; 
(xv) "urban area"  means -, 
(i) the area of a Municipality constituted under the Rajasthan Municipalities Act, 2009 
(Act No. 18 of 2009); 
(ii) the area under Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959); 
(iii) the area within "Jaipur Region"  as defined in clause (8) of section 2 of the Jaipur 
Development Authority Act, 1982 (Act No. 25 of 1982); 
(iv) the area within "Jodhpur Region"  as defined in clause (8) of section 2 of the 
Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009); 
(v) the area within "Ajmer Region"  as defined in clause (2) of section 2 of the Ajmer 
Development Authority Act, 2013 (Act No. 39 of 2013); and 
(vi) the area of a body or authority declared as urban body under sub-clause (vii) of 
clause (xvi). 
(xvi) "urban body"  means -  
(i) a Municipality constituted under the Rajasthan Municipalities Act, 2009 (Act No. 18 
of 2009); 
(ii) an Urban Improvement Trust constituted under the Rajasthan Urban Improvement 
Act, 1959 (Act No. 35 of 1959); 
(iii) the Jaipur Development Authority constituted under the Jaipur Development 
Authority Act, 1982 (Act No. 25 of 1982); 
(iv) the Jodhpur Development Authority constituted under the Jodhpur Development 
Authority Act, 2009 (Act No. 2 of 2009); 
(v) the Ajmer Development Authority constituted under the Ajmer Development 
Authority Act, 2013 (Act No. 39 of 2013); 
(vi) the Rajasthan Housing Board constituted under the Rajasthan Housing Board 
Act, 1970 (Act No. 4 of 1970); and 
(vii) any other body or authority which may be notified by the State Government as an 
urban body for the purposes of this Act; and 
(xvii) "urban land"  means the land situate in urban area of an urban body except 
agriculture land. 
Chapter II 
Survey and Maintenance of Record 
4. Survey of land and premises in the urban areas.  - (1) The State Government 
may, whenever it thinks fit, order, by notification in the Official Gazette, that a survey 
shall be made of any urban area within the State or any part thereof and such urban 
area or. as the case may be, part thereof shall thereupon be deemed to be under 
survey. 
(2) The State Government may, by the same or a subsequent notification, direct that 
a urban body having jurisdiction over such urban area or part thereof shall be 
incharge of the survey so ordered. 
(3) The urban body, incharge of such survey, shall, in relation thereto, exercise such 
powers and perform such duties as may be specified in the notification referred to in 
sub-section (2). 
(4) Where no urban body is directed to be incharge of any survey ordered under 
subsection (1), any other officer of the State Government appointed for the purpose 
shall be incharge of such survey and where no such officer is appointed, the 
Collector of the District shall be incharge of such survey. 
(5) The survey ordered under sub-section (1) shall be conducted in the prescribed 
manner by such officers and servants as are appointed by the State Government for 
the purpose and after such appointment such officers and servants shall be the 
officers and servants conducting survey. 
(6) The State Government may appoint additional officers and servants as it may 
think necessary to assist the officers appointed under sub-section (5) and every 
officer appointed under this sub-section shall exercise such powers and perform such 
duties as may be prescribed. 
5. Entry upon land.  - The officer conducting the survey shall, for the purposes of this 
Act, have power, either by himself or by other officers or servants employed in the 
survey, to enter, between the hours of sunrise and sunset, upon any land or premises 
within the urban area or part thereof under survey, without being liable to any legal 
proceedings whatsoever on account of such entry or anything done on such land or 
premises in pursuance of the provision of this Act: 
Provided that no such entry shall be made upon any land or premises which may be 
occupied at any time, unless with the consent of the occupier thereof, or without 
previously giving the said occupier twenty four hours notice of the intention to do so. 
6. Notice of survey.  - Before entering on any land or premises for the purposes of 
survey, the officer conducting the survey shall cause a notice in writing under his 
hand to be served on the owner or occupier of the land or premises about to be 
surveyed and on the owners or occupiers of coterminous lands or premises, calling 
upon them to attend either personally or by an authorized agent on such land or 
premises before him or before such officer as may be authorized by him in that behalf 
within a specified time (which shall not be less than three days after the service of 
such notice) for the purpose of pointing out boundaries and of affording such 
information as may be needed for the purposes of this Act, and every person on 
whom such notice may be served shall be bound to attend as required by the notice 
and to give any information which may be required so far as he may be able to give 
it. 
7. Survey may be proceeded with after service of notice under section 6.  - After 
due service of notice under section 6, - 
(i) the officer conducting survey or any other officer or servant authorized by him in 
his behalf may proceed with the survey whether the persons upon whom such notice 
has been served are present or not; and 
(ii) every such person who fails to appear or present as required by the said notice 
shall be bound by the results of the survey in the same manner and to the same 
extent as if the survey were made in his presence. 
8. Survey map and register.  - (1) The officer conducting survey shall prepare a 
map, register and field book of the urban area or part thereof under survey. 
(2) Lands and premises of such urban area or part thereof shall be shown on the 
map and indicative survey number to be assigned to every piece of land shall be 
shown separately in the prescribed manner. 
(3) The officer conducting survey shall also prepare for the urban area or part thereof 
under survey, a register of all lands and premises therein which have been surveyed. 
(4) The register prepared under sub-section (3) shall specify, in relation to each 
indicative survey number assigned under sub-section (2), the name of the person or 
persons appearing at the time of survey to be the owner or person having interest 
and any other particulars as may be prescribed. 
9. Erection of boundary marks.  - The officer conducting the survey may at any time 
cause to be erected on any land, which is to be or has been, surveyed under this Act, 
temporary or permanent boundary marks of such materials and in such number and 
manner as he may determine to be sufficient for the purpose of survey. 
10. Maintenance of temporary boundary marks.  - (1) When any temporary 
boundary mark has been erected under section 9, the officer conducting the survey 
may cause a notice to be served on owner or occupier of land or premises whereon, 
or adjoining which, such boundary mark is situate, requiring him to maintain and keep 
in repair such boundary mark till the survey is completed. 
(2) Where such owner or occupier does not comply with such notice, the officer 
conducting survey may repair the boundary mark and expenses incurred in doing so 
shall be recoverable from such owner or occupier as arrears of land revenue. 
11. Disputes as to boundaries.  - (1) If in the course of a survey under this Act, a 
dispute is found to exist as to the boundaries of any land or premises to be surveyed, 
an inquiry shall be held by an officer specifically authorized in this behalf, for the 
purpose of determining such dispute. 
(2) The officer authorized under sub-section (1) shall cause a notice in writing under 
his hand to be served on the parties concerned requiring them to appear before him, 
in person or by authorized agent, on a specified day and to produce evidence of 
possession of the land or premises in dispute. 
(3) On the specified day or on such other day to which the hearing may be 
adjourned, the officer authorized under sub-section (1) shall hear the parties, receive 
the evidence produced by them respectively, consider the effect of such evidence, 
take such further evidence as he may think necessary and without reference to the 
merits of the claim of any of such parties to a right to possess the land or premises in 
dispute, decide which party is in possession of said land or premises at the time of 
the survey. 
(4) For the purposes of the inquiry, the officer authorized under sub-section (1) shall 
have power to summon and enforce attendance of witnesses and compel the 
production of documents by the same means and in the same manner as is provided 
in the case of a court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 
1908). 
(5) After the inquiry has been completed, the officer authorized under sub-section (1) 
shall pass an order in writing defining clearly the subject of dispute and recording his 
decision and.assigning clearly the reasons for such decision. 
(6) An appeal against the order passed under sub-section (5) shall lie to the Tribunal 
and such appeal may be preferred within sixty days from the date of such order. 
12. Record of survey to be sent to the concerned urban body or the authority or 
department of the State Government.  - (1) As soon as may be, after completion of 
survey operations in any urban area, the officer incharge of survey shall send all 
maps, registers and other documents including files on which decisions were 
recorded and other papers connected with survey to such urban body in whose local 
area the survey was conducted or to such other authority or department of the State 
Government as the State Government may specify by general or special order for 
safe custody of record of survey. 
(2) If the State Government is satisfied with the survey and approves it, the fact of 
such satisfaction and approval shall be notified in the Official Gazette. 
13. Maintenance of record.  - (1) All maps, registers and other documents including 
connected files and other papers which were part of survey operations and are 
deposited with the concerned urban body or any other authority or department of the 
State Government, shall be kept in safe custody by such body, authority or 
department of the State Government and shall be maintained by such body, authority 
or department in the manner as may be prescribed. 
(2) The urban body, any other authority or department of the State Government 
which is entrusted with the safe custody and maintenance of the survey records shall 
cause such maps and entries in registers to be revised and corrected at such 
intervals and in such manner as may be prescribed and by such officer as may be 
appointed or authorized in this behalf by the State Government by notification in the 
Official Gazette. 
(3) The revision or correction of entries in the register, maps and other record shall 
be carried out by the officer appointed or, as the case may be, authorized under sub-
section (2) in the prescribed manner. 
(4) The officer appointed or authorized under sub-section (2) for the purpose of 
revising or correcting maps and registers under this Act shall exercise such powers 
and proceed in such manner as may be prescribed. 
14. Survey fees.  - (1) The owner, title holder or occupier of the land or premises 
which has been surveyed under this Act shall be liable to pay to the officer or 
authority incharge of the survey, a fee at such rate, in such manner, within such time 
after the completion of survey and to such extent, as the State Government may 
prescribe and any survey fee not so paid shall be recoverable as arrears of land 
revenue: 
Provided that - 
(a) the aggregate amount of survey fee leviable from owners, title holders or 
occupiers of lands or premises in the urban area or part thereof under survey shall 
not exceed one third of the total cost of the survey; and 
(b) no survey fee shall be payable, - 
(i) by the Central Government or the State Government or by an urban body; or 
(ii) in respect of any such land or premises, area or value of which not exceed such 
limits as may be prescribed; or 
(iii) in respect of land or premises held exclusively for religious worship or charitable 
purposes. 
(2) Every owner, holder of title or occupier of land or premises who has paid the 
survey fee under this section shall be entitled to receive free of charge, and every 
owner, holder of title or occupier who is not liable to pay such survey fee shall be 
entitled to receive on payment of such charges, as may be prescribed, a certified 
extract from the map and a certified extract from the register prepared under this Act 
so far as they relate to such land or premises. 
15. Cost of survey.  - Subject to the provisions of section 14, the cost of every survey 
made under this Act shall be met - 
(i) in case of an urban body in whose local area the survey is conducted, by such 
urban body; and 
(ii) in other cases by the State Government: 
Provided that in the cases covered by clause (i), the State Government may agree - 
(a) to pay a portion of such cost out of Consolidated Fund of the State, or 
(b) to advance loan to the urban body for meeting such cost upon such terms and 
conditions as may be mutually agreed upon. 
16. Penalty for failure to comply with requisition in notice.  - Whoever fails to 
comply with a requisition contained in any notice issued under this Act and duly 
served shall be liable to fine not exceed rupees one thousand. 
17. Inspection of, and copies of extracts from maps, registers and other 
documents.  - (1) All maps, registers and other documents referred to in sub-section 
(1) of section 13 shall be open for public inspection in such manner, within such 
hours, at such places, subject to such conditions and on payment of such fee as the 
State Government may prescribe. 
(2) Certified copies of, or, as the case may be, extracts from, such maps, registers 
and documents shall be granted on payment of such copying fee and in such manner 
as the State Government may prescribe. 
18. Rules.  - The State Government may, by notification in the Official Gazette, make 
rules not inconsistent with the provisions of this Act - 
(i) for preparation of maps and registers, the forms thereof, and the collection and 
record of information in respect of any land or premises within the urban area under 
survey; 
(ii) for regulation of all proceedings to be taken under this Act; 
(iii) for the manner of all inquires to be made thereunder; 
(iv) for regulation of all matters which are required to be, or may be, prescribed under 
this Act; and 
(v) generally for proper performance of all things to be done under this Act and 
carrying out of the purposes and provisions thereof. 
19. Proceedings not to be affected by informality.  - No proceedings under this Act 
shall be affected by reasons of any informality, provided that the provisions thereof 
have, in substance and effect, been complied with. 
20. Presumption as to maps and entries in registers.  - All maps and all entries 
made in the registers prepared under this Act shall be presumed to be correct unless 
the contrary is proved: 
Provided that no such map or entry shall affect the right, title or interest of any person 
to or in any land or premises or shall preclude him from enforcing such right, title or 
interest in a competent court in accordance with law. 
Chapter III 
Appointment of Urban Land Title Certification Authority 
21. Appointment of Urban Land Title Certification Authority.  - (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) 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. 
22. Applications for issuance of certificate of title.  - (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) 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. 
23. Scrutiny of documents furnished with application form and their verification 
from the record.  - 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. 
24. Seeking additional information or 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. 
25. Issuance of certificate of title.  - (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) 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) 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) 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) If, during the period for which a provisional certificate of title issued under sub-
section (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) The certificate of title, both provisional and permanent, shall be in such form as 
may be prescribed. 
26. Subsequent changes in title to be recorded in the certificate.  - (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 sub-
section (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. 
27. Certification cum guarantee charges.  - (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) 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) The amount of certification cum guarantee charge shall be payable at the time of 
issue of the provisional certificate of title. 
28. Establishment of a Sinking Fund.  - (1) There shall be established a sinking 
fund, hereinafter referred to as "the Fund", for the purposes of this Act. 
(2) All the moneys realized on account of fees, penalty and certification cum 
guarantee charge shall be deposited to the Fund. 
(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) 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. 
29. Indemnity.  - 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. 
30. Cancellation, modification or suspension of the permanent certificate of 
title.  - (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) 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) 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) 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. 
31. Penalty for obtaining the certificate of title by fraud, misrepresentation or 
suppression of facts.  - 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. 
32. Protection of action taken in good faith.  - 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. 
33. Appeals.  - (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) 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) 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) Every order made on an appeal under this section confirming, modifying or 
reversing the order appealed against shall be final. 
34. Constitution of Tribunal.  - (1) The State Government shall, by notification in the 
Official Gazette, constitute a Tribunal for the purposes of this Act. 
(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) 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) 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) 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. 
35. Inspection of record and supply of certified copies.  - (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) 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. 
36. Power to remove difficulties.  - (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) 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. 
37. Power of the State Government to fix time limit for disposal of matters 
under this Act by the officer and authorities subordinate to it.  - 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. 
38. Recovery of sums due.  - 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. 
39. Provisions of Chapter VII-A, Rajasthan Land Revenue Act, 1956 (Act No. 15 
of 1956), not to apply in the areas specified by notification under sub-section 
(3) of Section 1.  - Notwithstanding anything in the Rajasthan Land Revenue Act, 
1956 (Act No. 15 of 1956), as from the date of issue of a notification under sub-
section (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. 
40. Power to make rules.  - (1) The State Government may make rules for carrying 
out the purposes of this Act. 
(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. 
 

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