(1) Every Municipality shall be competent, subject to
the prescribed restrictions and conditions to lease, sell, regularize,
allot or otherwise transfer any movable or immovable property
belonging to it, including municipal land as also any Government
land and so far as is not inconsistent with the provisions and
purposes of this Act and the rules made thereunder, to enter into
and perform all such contracts as it may consider necessary or
expedient in order to carry into effect the said provisions and
purposes :
Provided that&
(i) no such lease, sale, regularization, allotment or
transfer and contract shall be binding on a
Municipality unless it is in conformity with the
provisions of this Act and the rules made
thereunder;
(ii) no lease, sale, regularization, allotment or transfer
of, or any other contract respecting any Government
land shall be valid unless it is confirmed by the
prescribed authority in the prescribed manner and
on the prescribed conditions.
Explanation.-for the purposes of this section, the
expression Government land means any land&
(a) which has become vested in a Municipality
under clause (h) of sub-section (1) of section
68; or
(b) which is a Nazul land as defined in section 3
of the Rajasthan Land Revenue Act, 1956
(Act No. 15 of 1956); or
(c) which may be placed at the disposal of a
Municipality by the State Government.
(2) (a) The State Government or any officer authorized by
it in this behalf may, for the purpose of satisfying as to the
correctness, legality or propriety of any proposal to lease, sell,
regularize, allot or transfer any Municipal land or Government
land made by or on behalf of a Municipality or Chairperson, or
officer of a Municipality, call for the relevant record, and may
while doing so direct that pending the examination of the matter,
the proposal to lease, sell, regularize, allot, or transfer of the
Municipal land or Government land shall remain in abeyance and
no action in furtherance thereof shall be taken till the decision of
the State Government or of the authorized officer under subsection (2)(b).
(b) If after examination of the record and after giving to the
persons interested in such proposal, a reasonable opportunity of
being heard, the State Government or the officer authorized as
aforesaid, is satisfied that the proposal to lease, sell, regularize,
allot or transfer of the Municipal land or Government land is not in
accordance with or is in contravention of the provisions of this Act,
it may by order published in the Official Gazette, modify, cancel or
rescind wholly or in part the proposal made for lease, sale,
regularization, allotment or transfer of the Municipal land or
Government land or any action or proceeding taken in
pursuance thereof or may give any other direction as may be
deemed proper.
(3) Where in pursuance of any lease, sale, allotment,
transfer or any other contract made by a Municipality or by the
Chairperson, or officer of a Municipality, in contravention of the
provisions of this section, any person has entered into the
possession of any Municipal land or Government land, such person
shall be deemed to be in unauthorized occupation within the
meaning of the Rajasthan Public Premises (Eviction of
Unauthorized Occupants) Act, 1964 (Act No. 2 of 1965) and shall
be liable to eviction from such land and to all the liabilities as to
the payment of rent or damages for use and occupation under that
Act unless notwithstanding anything contained in that Act, such
lease, sale, allotment, transfer or contract is confirmed by the State
Government or the officer authorized as aforesaid, in the
prescribed manner :
Provided that where any such lease, sale, allotment,
transfer or contract is not confirmed as aforesaid, the
consideration, if any, received by the Municipality, Chairperson, or
officer of the Municipality for such lease, sale, allotment, transfer
or contract shall, be refunded to the person evicted from such land.
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