
 State of Rajasthan - Act
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 The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
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 RAJASTHAN
   
 India
 
 The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
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 Rule THE-RAJASTHAN-LAND-REVENUE-CONVERSION-OF-AGRICULTURAL-INTO-NON-AGRICULTURAL-LAND-RULES-1961 of 1961
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* Published on 19 April 1961
* Commenced on 19 April 1961
 The Rajasthan Land Revenue (Conversion of Agricultural Into Non Agricultural Land) Rules, 1961
 
 Published vide Notification No. F. 6(42)  Revenue B/48, Dated 19-4-1961; published in Rajasthan Extraordinary Gazette, Part 4-C, Dated 23-8-63
 
 Last Updated 22nd May, 2019
 
 In exercise of the powers conferred by Clause (xia)  of sub-section (2) of Section 261 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), the State Government hereby makes the following rules, namely:
 
### 1. Short title and commencement.
(1) These rules may be called the Rajasthan Land Revenue (Conversion of Agricultural into Non Agricultural Land) Rules, 1961.
 
### 2. Interpretation.
 - In these rules, unless there is anything repugnant in the subject or context:
 
(1) The "Act" means the Rajasthan Land Revenue Act, 1956; and
 
(2) "form" means a form appended to these rules.
 
### 2A. Non-Agricultural Purposes for which land may be permitted to be used.
(1) Subject to the other provisions of these rales, agricultural land may be permitted to be used for:-
 
(i) Construction of a factory or mill or setting up of a small scale industry [or Information Technology Industry:]
 
 [Inseted by Notification No.G.S.R. 14, dated 10.5.2001 (w.e.f. 23.8.1963).]
 
(ii) setting up of brick kiln in or lime kilns: and
 
(iii) Manufacturing of salt.
 
(2) If any agricultural land has already been used for any of the purposes mentioned in sub-rule before the commencement of these rules without obtaining prior permission of the State Government in the prescribed manner, such use may be regularised by the Collector subject to the conditions laid down in rule 5 and in consultation with the District Industries Officer/ Assistant Director, Industries, Dy. Town Planner and representative of the Municipality/Urban Improvement Trust [or Jaipur Development Authority]
 
 [Inserted by G.S.R. 170, Dated 22-1-1983; published in Rajasthan Gazette Part 4(Ga)  I, Dated 3-2-83, p. 696-697.]
 
 if the land is situated within the limits of a Municipal Board/municipal Council:
 
 Provided that such persons shall have to pay the following penalty:-
 
(i) Rs. 150/- per acre for land situated in a rural area.
 
(ii) Rs. 3000/- per acre for land situated within the limits of the Municipal Board/Council of Jaipur, Kota, Ajmer, Jodhpur, Udaipur and Ganganagar.
 
(iii) Rs. 500/- per acre for land situated within the limits of other Municipal Board/Council Towns.
 
### 2B. [ Use of Agricultural Land for setting up of small industry.
 
 [Inserted by G.S.R. 74, Dated 12-11-1979.]
 - Whenever any person holding any land for the purpose of agricultural wishes to use it or a part thereof for the purpose of constructing of a factory or a mill or for setting up of a small industry, he shall be able to do so subject to the following conditions]:-
 
(1) The area so used shall not be more than [1000]
 
 [Substituted by GSR 36, Dated 4-3-1991; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 7-3-91, p. 102.]
 
 sq. meters or 2 percent of the holding, whichever is higher.
 
(2) For all conversions for putting agricultural land to the aforesaid purpose, the premium and urban assessment as provided hereinafter in these Rules shall be payable. On such payment the land shall be deemed to have been converted automatically and shall be so entered in the revenue record.
 
(3) The facility provided in condition No. 2 shall not be so available for lands situated within the municipal limits of town or city.
 
(4) In case of town or cities having a population of one lakh or more, the facility shall not be available within a distance of 8 miles of the municipal boundary.
 
(5) In case the land is so used by a person who has obtained the same in violation of clause (a) of Section 42 of the Rajasthan Tenancy Act, 1952 (Rajasthan Act III of 1955), he shall have to seek exemption under the third proviso to Section 42(a) of the said.)
 
### 3. [ Application for permission to use agricultural land for non-agricultural purposes.
 
 [Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
(1) Whenever any person holding any lands for purpose of agricultural land [not covered by Rules 2-B] wishes to use the same or any part thereof, for non-agricultural purpose, he may submit an application, in triplicate, in Form A, to the Tehsildar of the Tehsil in which the land is situated.
 
 [Provided that no application shall be required for conversion where the entire piece of land and building constructed thereon is to be used exclusively for setting up of Information Technology Industry with the permission of Empowered Committee of Investment chaired by the Chief Secretary. However, the premium and urban assessment shall be payable under these rules. The Information Technology Department shall submit the list of project approved by Empowered Committee on Investment chaired by the Chief Secretary, to the Revenue Department for verification. On such payment and verification by the Revenue Department, the land shall be so entered in the revenue record.]
 
 [Added by Notification No. G.S.R. 14, dated 30.4.2001 (w.e.f. 23.8.1963).]
 
(2) All application made under rule 3 as it stood prior to the 20th Dec. 1963 and still pending shall be rejected.]
 
 4. Enquiry by Tehsildar and Transmission of application to Collector. - (1)  The Tehsildar shall-
 
[(i) Send a copy of the application to the Village Panchayat, Municipal Board or Urban Improvement Trust as the case may be, asking them to intimate in writing within thirty days, whether they have objection to the permission applied for being granted, and no receipt of the objections, if any, dispose of the same: and
 
(ii) Prepare a report, in Form B. and submit the record of the case tot he Collector for orders.]
 
 (2) Upon receipt of the Tehsildar's report the Collector shall, after such further enquiry, if any, as he deems fit to make, either reject the application, giving reasons for the rejection or sanction is or accord the required permission after charging the premium and/or urban assessment chargeable under the succeeding rules:-
 
 [Provided that where the area involved exceeds 10 acres of unirrigated land or one acre of irrigated land, permission shall not be accorded by the Collector without obtaining the prior approval of the State Government in the Revenue Department:
 
 Provided further that no permission shall be accorded in respect of irrigated land unless the Collector has satisfied himself that no suitable unirrigated land is available for the purpose.]
 
 [Amended by GSR 11, Dated, 8-4-1983; published in Rajasthan Gazette Part 4(Ga) I, Dated 21-4-83, p. 56.]
 
### 5. [ Premium and urban assessment under sub-section (4)  of Section 90-A.
 
 [Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
(1) The premium and the urban assessment payable under sub- section (4) of Section 90-A in respect of land forming the subject matter of an application under rule 3 and the terms and conditions on which permission shall be granted and the restrictions applicable to special arrears shall be as shown below]
 
 [Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 :-
 
|  |  |  |  |
| --- | --- | --- | --- |
| 
 S. No.
  | 
 Particulars of non-agricultural purpose
  | 
 Rates of premium and urban assessment and terms
 
 and conditions
  | 
 Restriction applicable to special areas
  |
| 
 1
  | 
 2
  | 
 3
  | 
 4
  |
| 
 | 
 | 
 | 
 |
| 
 1
  | 
 Construction of Factory or Millor the setting up of some
 
 smallindustry[or InformationTechnology Industry.]
 
 [Inserted by Notification No. G.S.R. 14, dated 30.4.2001 (w.e.f. 23.8.1963).]
 
 | 
 Will have to surrender hiskhatedari rights whereupon land
 
 will beallotted subject tot he termsand conditions mentioned
 
 inthe Rajasthan Industrial AreasAllotment Rules 1959with the
 
 modification thatcost of the land at 30times the sanctioned
 
 rentrates will be adjusted againstdevelopment charges andrent
 
 and for the purposesor these rules thedevelopment chargespayable shall be deemed tobe premium and therent payable shall
 
 bedeemed to be urban assessment.
  | 
 [No conversion of agricultural land for non-agricultural
 
 purposes shall be allotted in the area not shown as reserved for
 
 industries within the approved master plan if any prepared for
 
 the City or town except after prior consultation with the
 
 consultation with the Town Planning Department provided that of
 
 the Master Plan has not been prepared and approved for any of
 
 the cities of Jaipur Udaipur Jodhpur Ajmer Kota Bikaner and
 
 Ganganagar. the conversion of agricultural land for
 
 non-agricultural purposes would be permitted by the Government
 
 only after prior consultation with the Town Planning Department]
 
 [Substituted by No. G.S.R. 19, Dated 25-4-1974; published in Rajasthan Gazette E.O. Part IV-C(I) , Dated 2-5-74.]
 
 |
| 
 2
  | 
 stablishment of brick klin
  | 
 Will have to surrender his tenancyright where upon land willbe allotted on the terms andconditions mentioned in theRajasthan ColonisationProject Areas Brick Kiln(Leases) Conditions 1959or the Rajasthan L.R. (Brick-Kiln Leases in
 
 Non-ProjectAreas) Conditions 1960 whichevermay be applicable
 
 subject to themodification that for the firstten years the
 
 rate of rentto be charged shall be Rs. 40/-per Bigha per annum
 
 and therent payable shall be deemed tobe urban assessment.
  | 
 Provided that till such time as the master plan is ready no
 
 industrial areas within fifteen miles of the limits of the
 
 Jaipur Municipality and ten miles of the limits of the
 
 municipalities of Jodhpur Ajmer Udaipur Kota Bikaner and
 
 Gan-ganagar shall be set up.
  |
| 
 3.
  | 
 Setting up oflime Klin
  | 
 Will have to surrender histenancy rights whereupon land willbe allotted subject to paymentof urban assessment Rs. 30/-per
 
 acre per annum.
  | 
 Conversion of agricultural land for the establishment of a
 
 factory or a mill shall be allowed only if an industrial area
 
 within the master plan limits is not available. If an industrial
 
 area is available the industry should be allowed to be set up
 
 within that area.
  |
| 
 4.
  | 
 Manufacture of Salt
  | 
 Will have to surrender his tenancy right whereupon permission
 
 will be accorded for use of land for the manufacture of Salt on
 
 the terms and conditions mentioned in the Rajasthan Land Revenue
 
 (Saline Areas Allotment) Rules 1962 with the modification that
 
 the rent payable thereunder shall be deemed to be urban
 
 assessment payable under these rules.
  | 
 |
[(2) The premium shall be payable in a lump sum immediately on the grant of permission and the urban assessment shall be payable in two half-yearly installments, along with the agricultural assessment payable in respect of the remaining agricultural land.
 
(3) If the premium and/or urban assessment is not. paid in accordance with the provisions of sub-rule (2), the same shall be recovered as arrears of land revenue under Section 256 of the Act.
 
### 6. Premium to be charged on lands already sold by estate holder.
 - Notwithstanding anything contained in rule 5, where agricultural lands have already been sold by an estate-bolder or any other person for non-agricultural purpose, the rate of premium to be charged therefor shall be such, not exceeding Rupee one and paise fifty per square yard, as the State Government [in the revenue Department]
 
 [Inserted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 may, in each case determine:
 
 Provided that no such sale made after the fifteenth day of December, 1960 shall be recognised, and fine in respect of any such sale shall be charged in accordance with provisions of rule 7.
 
### 7. Fine under proviso to sub-section (5)  of Section 90-A.
 - [Except as provided in Rule 2-A]
 
 [Amended by No. G.S.R. 19, Dated 25-4-1974; published in Rajasthan Gazette E.O. Part IV-C(I) , Dated 2-5-74.]
 
 where any land held for the purpose of agricultural is used for any noil-agricultural purpose, in any of the circumstances specified in Cls. (a) , (b), (c) and (d) of sub-section (5) of Section 90-A of the Act, the fine referred to in the proviso to the said sub-section shall be calculated at the rate of not less than five times the prevalent highest market price of [Abadi land]
 
 [Amended by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 in the neighbourhood:
 
 [Provided that in towns or villages that are not municipalities, and the population whereof does not exceed eight thousand, such fine shall not exceed the market price of abadi land in the vicinity, in addition to the premium leviable under rule 5 or 6:]
 
 [Amended by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 Provided further that no fine shall be required to be paid in cases in which an application was submitted under rule 3 and permission to use agricultural land for non-agricultural purposes was finally accorded and the applicant has furnished in writing sufficient reasons for having used agricultural land for non- agricultural purposes during the pendency of such application:
 
 Provided also that cases decided under this rule before the coming into force of this amendment may be reviewed under the second proviso on the application submitted for the purposes within ninety days of coming into force of this amendment.]
 
 [Amended by GSR 28, Dated 9-1-1991; published in Rajasthan Gazette Extraordinary, Part 4(Ga) (I), Dated 9-1-91, p. 78.]
 
 [Repeal:These rules are hereby repealed to the extent they are applicable to the conversion of Agricultural land for Non- Agricultural purposes in Rural areas .]
 
 [Amended by 4.No. F. 6(6)  Revenue B/63, Dated 27-4-1992.]
 
 [Form A]
 
 [Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 Application for permission to use agricultural land for non- agricultural purposes
 
 To,
 
 The Tehsildar
 
 Tehsil
 
 Sir,
 
 I hereby apply under Section 90-A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), read with rule 3 of the Rajasthan Land Revenue (Conversion of Agricultural into Non- Agricultural Land) Rules, 1961 for permission to use the agricultural land particulars whereof are given hereunder, for the non-agricultural purposes indicated below.
 
### 2. The required particulars age given: (1) Name of applicant, with parentage and address.
 
 (2) Particulars of land in respect of which permission is required.
 
 (a) Name of village, with name of Tehsil.
 
 (b) Khewat No. (if any)
 
 (c) Khasra Number
 
 (d) Area
 
 (e) Soil class, if known
 
 (f) Annual assessment
 
 (g) Use to which the land was put during the past three years.
 
 (h) Name, parentage and address of land holder.
 
 (i) Name, parentage and address of tenant, together with class of tenancy if known.
 
 (3) The exact area proposed to be converted, in square yards.
 
(4) Full details of the non agricultural purpose for which the land is to be used if permission is accorded, e.g. construction of factory or mills, establishment of brick klin etc.
 
### 3. I verify that the particulars given above are correct to the best of my knowledge and belief: and I hereby undertake to pay the premium and/or urban assessment to accordance with the rules and to abide by the terms and conditions on which the permission may be granted. Witness........
 
 Date...........
 
 Signature
 
 ..............
 
 [Form B]
 
 [Substituted by No. F. 6(13) Revenue B/63, Dated 29-12-1963; published in Rajasthan Gazette Part IV-C, Dated 27-2-1964.]
 
 (See rule 4)
 
 Tehsildar's Report
 
### 1. Name of the applicant with parentage and residence. ###
 2. Name of land holder with parentage and residence.
### 3. Name of tenant, with parentage and residence and class of tenancy. ###
 4. Khewat number (if any). -
### 5. Khasra number. ###
 6. Area
### 7. Soil class of the land. ###
8. 
 Whether irrigated or un-irrigated.
### 9. If irrigated, particulars of source of irrigation, together with remarks on its present condition.
### 10. Use to which the land is put at present.
### 11. If under cultivation, particulars of cultivation according to the Gashi Girdawari during the last 3 years.
### 12. Whether there is any objection from the point of view of the Tehsildar to the permission applied for being granted?
### 13. Rate of premium applicable.
### 14. Prevailing prices of non-agricultural land in the vicinity of the land sought to be converted.
### 15. Whether any objections were raised by the Village Panchayat, Municipal Board or the Urban Improvement Trust; and if so, how the same were disposed of.
### 16. Any other remarks.
 Signature
 
 (Tehsildar.........)
 
 Part II – Collector's Order
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 The permission applied for is hereby refused for the following reasons (Reasons granted subject to the payment of premium to be recorded) amounting to Rs. and......urban assessment amounting to Rs..................................per square yeard per.........annum and subject to the following special conditions (Conditions of rule 5 to be specified).
 
 Date..................
 
 Collector.............
 

