Bare ActsThe MADHYA PRADESH NAGARIYA KSHETRO KE BHOOMIHIN VYAKTI (PATTADHRITI ADHIKARON KA PRADAN KIYA JANA) ADHINIYAM, 1984.

Section 3

Settlement of land

Amendment status not verified — confirm the current text below against the official source.

Settlement of land.- (1) Notwithstanding anything contained in any law for the time being in force, the land occupied by a landless person in any urban area on Page 3 of 6 the 31st day of December, 2012 shall subject to the provisions of sub-section (2) be deemed to have been settled in his favour on the said date. (2) The Authorised Officer may, subject to the rules framed or directions issued by the State Government from time to time, either settle the land in actual occupation of the landless person or allot to him any other land not exceeding forty five square metres in lease hold rights in his favour, provided he adduces following proof of his residence in the urban area prior to 31st December, 2012,- (a) the ration card issued to him by the competent authority; or (b) the written testimony from the appropriate officer authorized by the Municipal Corporation, Municipality or Nagar Panchayat as the case may be, certifying that he lived in the area prior to 31st December, 2012: Provided that where the landless person is in occupation of more than forty- five square metres of land, settlement may be made for land up to 80 square metres in a Nagar Panchayat area, 60 square metres in a Municipal Council area; however the land settlement in the area of a Municipal Corporation shall not exceed 45 square metres of land”. (3) The lease hold rights accrued under sub-section (1) shall not be transferable by sub-lease, sale, gift, mortgage or any other manner whatsoever except by inheritance.". Provided that such lease hold rights may be mortgaged in favour of a nationalized bank or a Co-operative society or a government undertaking, to securing loan for construction of a expansion of a residential house. (4) If the landless person to whom the leasehold rights have been accrued in respect of any land under this Act, transfers such land in contravention of the provisions of sub-section (3) or uses the said land for any purpose other than residential purpose, the following consequences shall ensue, namely:- (i) the lease shall stand automatically cancelled on the data of such transfer. (ii) such transfer shall be null and void. (iii) no lease hold rights shall accure to the transferee in respect of such land. Page 4 of 6 (iv) the authorised officer shall have the right to disposses the person who is in actual possession of such land. (5) Notwithstanding anything contained in the Registration Act, 1908 (No. 16 of 1908) no officer empowered to register documents thereunder shall admit to registration any document which purports to contravence charges at such rate and in such manner as may be prescribed. (6) The landless person to whom the lease hold rights have accrued under sub- section (shall) pay development charges at such rate and in such manner as may be prescribed. (7) The lease deed in respect of the lease hold rights granted to the landless person shall be affixed with a recent photograph of the person and a copy of such photograph shall also be affixed in the land rent register and where the lease hold rights are granted jointly in the name of both husband and wife a joint photograph of both shall be affixed on the aforesaid documents. 3-A. Removal of dwelling houses.- (1) the Committee constituted by the State Government in this behalf shall decide the removal of any slum dwelling and its settlement in accordance with the procedure prescribed. (2) Any landless person who is occupation of the land of a public park in the side of a road or in between road and dwellings may be removed from such place in public interest and may be given lease hold rights elsewhere. (3) Any site for dwelling house where the landless persons are settled under sub-section (1) of Section 3 may be shifted elsewhere in public interest and their lease hold rights may be cancelled and such persons may be settled elsewhere.".

Section 3 – The MADHYA PRADESH NAGARIYA KSHETRO KE BHOOMIHIN VYAKTI (PATTADHRITI ADHIKARON KA PRADAN KIYA JANA) ADHINIYAM, 1984. | DailyLaw.ai