Chapter – 3 Operation of the Programs Related to Land Development Project
8. Provision Relating to the Operatation of Guided Land Development
(1) The Authority may constitute a User Committee pursuant to Part (10.1.1) of the Sub-section (10.1) of the Section (10) of the Act for the participation of local land owner or tenant in the process of operating guided land development program and, it shall be the duty of such User Committee to assist the operation of the programs launched by the Authority.
(2) If the land owners or tenants submit an application seeking for the operation of guided land development program in the area, mentioning the four sides of land, where the guided land development programs is not operated, the Authority may operate guided land development program in such area where at least fifty families can reside in the area.
(3) While operating guided land development program pursuant to Sub-rule (2), in case acquisition of land needed as per the Act, the entire amount of compensation for such acquisition of land shall be paid by the local people to be
benefited from the program.
9. Provisions Relating to Operate Land Pooling Program:
(1) If the Authority intends to operate a land pooling program in a part of planning area or at least fifty one percent landowners or tenants on the area, where the land pooling program is not operated submit an application seeking for the operation of a land pooling program in such area upon setting out the four sides of land, the Authority
may operate a land pooling program in the area where at least fifty family can reside.
(2) The authority in going to operate land pooling program pursuant to Subclause 1, it shall constitute a User Committee from among the users of respective area for the participation of local landowner or tenant and the land pooling program shall operate with the co-operation of User Committee.
(3) While operating land pooling program, the authority shall publish a public notice as per Section (7) of the Act, and shall impose restriction on the fragmentation or physical change to be made by any person of the immovable
property situated in the said part for a period not exceeding two years.
10. To Separate the Land: In the course of operating land pooling program, the Authority shall, on consultation of user committee, fix the area of land that the land owners or tenants have to provide for a land pooling program on the basis of the current monetary value of that land and existing road and other provided facilities in the said part in order to provide services such as road, drainage, open space, drinking water and electricity.
11. To Fix Land into a Single Plot: After separating land pursuant to Rules 10, the Authority shall, for the purpose of returning back the developed sites to the previous landowner or tenants and for transforming the entire plots of land into a single plot, as per the Section (7) of the Act, forwards a letter to prevent transfer of ownership of immovable property situated in the concerned area to the office authorized for registration for a period of one year in maximum and after receiving such information the concerned office shall not register any immovable property,
written in such part, by transferring ownership.
12. To Distribute Land: (1) After finalizing the task of land pooling pursuant to Rule 11, the Authority shall return the developed sites to the previous landowner or tenant along with the provisional certificate within the period as mentioned in the said Sub-rules.
(2) After returning developed site to the concerned land owner or tenants pursuant to Sub-rules 1, along with provisional certificate, the Authority shall write a letter to the concerned office of the land survey and land revenue for making compatible the survey map with the certificate, maintaining the record of landowner and for issuing land owner registration certificate, the land survey and land revenue offices shall also make compatible the survey map as per the certificate, prepare the survey map of the land, maintain the record of the landowner and issue a land owner registration certificate to the concerned landowner or tenant.
(3) After preparing a new survey map, record of the landowner and the landowner registration certificate having compatible with the survey map, pursuant to Sub-rule 2, within the area of the programs of land pooling, the entire
previous inventory of the land owner and tenants of the concerned area shall be void.
13. The Authority itself may Acquire Land: In case a landowner having less land than the area of minimum unit pursuant to Part 10.1.4 of Subsection 10.1 of Section 10 of the Act, is unable to purchase site at a cost determined by the Authority, the Authority shall itself purchase the land of such landowner or tenant and shall give compensation as per the current value of the said land.
14. Project to be Handed Over: (1) After completing all activities of the project relating to the land development programs operated by the Authority, the Authority may hand over it to a local body or User Committee registered as per the prevailing law.
(2) If User Committee intends to take over the land development program as per Sub rule 1, the Committee shall have at least sixty percent landowners or tenants as a direct beneficiary membership.
(3) The Authority shall make an agreement with the concerned Local Body or User Committee pursuant to sub-clause 1, while handing over the land development program.
(4) The Local Body or User Committee that takes over the project through the handover process as per this Rule, shall supervise or manage the project according to the condition of the agreement.
(5) If the Local Body or User Committee is not taking proper supervision or management of the project as per condition of the agreement, the Authority may at any time take back the project in own responsibility.
15. Local Body may Operate the Land Development Program:
(1) If the Local Body intends to operate the land development program in any part of its area, it may do so by taking approval of the Authority.
(2) While operating the land development program pursuant to the Act, or Rule, the Local Body shall have the power as good as the Authority and the Local Body shall comply with the procedure and other provisions of the Act, or Rule, to be followed by the Authority while operating the land development program.
(3) The Authority may provide technical and financial facility to Local Body operating the land development program as per this Rule.