Land Conversion in Rajasthan: Section 90A Explained

What Section 90A Does

Section 90A of the Rajasthan Land Revenue Act, 1956 regulates the conversion of agricultural land into land for non-agricultural purposes. In practical terms, it is the provision that lets the State, through the revenue machinery or the urban authority, allow land recorded as agricultural to be used for residential, commercial, industrial, institutional or similar purposes, on payment of prescribed conversion charges and subject to conditions.

Two points are worth fixing in mind at the start. First, the section works through rules, and the rules differ for rural and urban areas, so the question "has this land been converted" cannot be answered without first asking where the land is. Second, a conversion order is a revenue document for a specific khasra; it is separate from a building plan approval, a layout approval and a registration. A secondary guide to the process describes the sequence as planning position, then application to the competent authority, then the conversion order, then the order carried into the jamabandi. That is a sensible mental model, and a conversion order that is not reflected in the record should be treated with caution.

You can read the record side of this in Jamabandi and fard explained, and pull the current entry on the state portal described in Rajasthan Apna Khata.

The Rural Route: the 2007 Rules

For land outside urban limits, the relevant rules are the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007, which describe themselves as made under clause (xi-A) of sub-section (2) of Section 261 read with Section 90-A of the Act. The text as published on a legal database shows the following features. Because rules are amended from time to time, treat this as a map of the structure rather than the current rate card.

• Tiered approval. Smaller conversions are decided at the level of the Tehsildar or Sub-Divisional Officer, medium ones by the District Collector, and the largest by the State Government. The thresholds depend on the purpose and the area. For example, the text places residential units up to a stated area with the Tehsildar, while residential colonies above the ceiling area go to the State level.
• Application and papers. A prescribed application form (Form A in the text), the latest jamabandi, an extract of the revenue map showing the land to be converted, a layout plan for colonies and industrial areas, proof of payment of the conversion charges by challan, and a site inspection report from the Patwari.
• Conversion charges. The charge is expressed as a rate per square metre or a percentage of the District Level Committee (DLC) rate, with the rate varying by purpose, such as residential, commercial or industrial. Some categories, including certain government and institutional uses, are exempted. The numbers in the 2007 text may have changed, so ask the office for the demand in writing.
• Use within a time limit. The text expects the land to be used for the converted purpose within five years.
• Restrictions. The rules restrict conversion in certain locations such as along highway boundaries, near village habitation, water bodies and defence installations, and contain conditions for land held by members of Scheduled Castes and Scheduled Tribes.

The DLC rate mentioned above is the district level committee's benchmark rate, which also matters for stamp duty. See circle rate versus market rate for why it differs from what a plot actually sells for.

The Urban Route and Development Authority Areas

Inside municipal limits and development authority areas, conversion is handled through the urban machinery under separate rules. A legal database lists the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Residential, Commercial and Public Utility Purposes in Urban Areas) Rules, 1981, and later amendments and replacements may apply, so the rule-set in force for a particular town should be checked with the local body. Urban areas are overseen by bodies such as the Jaipur Development Authority, which operates under the Jaipur Development Authority Act, 1982, and by Urban Improvement Trusts constituted under the Rajasthan Urban Improvement Act, 1959, which allows the State to direct the preparation of master plans defining zones (Section 4 as reviewed). Which body has jurisdiction over a village is explained in development authorities in North India.

This matters because the planning position in an urban area is decisive. If the master plan marks the land as agricultural, green or reserved for a road, conversion may not be available for the use you want, whatever the revenue entry says. Learn how to read the plan in how to read a master plan.

One secondary guide also points out that certain prescribed non-agricultural uses may proceed without a Section 90A permission under Section 5A of the Act. We have not verified that provision against the Gazette, and a buyer should not assume that a use is exempt without a written confirmation from the revenue office.

Regularising Existing Use: The 2022 Bill

A large amount of agricultural land in and around Rajasthan towns is already used for houses and shops. Section 90A has dealt with such land through a cut-off date: the version amended earlier used 17 June 1999 as the date after which non-agricultural use on agricultural land is not simply accepted. A Rajasthan Bill, No. 11 of 2022, proposed to move that date to 31 December 2021 and to add an exemption for land allotted by housing co-operative societies after 16 June 1999. The statement of objects of the Bill cites rapid urbanisation and the difficulty of giving residents basic infrastructure.

We have read the Bill but have not confirmed that it was enacted in this form, or whether later changes have been made. If a seller says that land has been "regularised under 90A", ask for the specific order, the date, the khasra number and the charges paid. A regularisation order is evidence about the past use; it does not by itself approve a building plan, and it does not cure a title defect.

A Buyer's Checklist for Rajasthan Conversion

1. Pull the current jamabandi and check the land classification and the holder's name.
2. Ask whether the village is inside an urban or authority limit, and request the planning position in writing.
3. Ask for the conversion order for the exact khasra and area, with its date and the issuing authority.
4. Check that the conversion charges were paid against a demand, and that the receipt matches the order.
5. Check that the jamabandi now shows the converted classification.
6. Walk the site with the map, as explained in the land due diligence checklist, because access and boundary problems do not appear in a conversion order.
7. Confirm that the intended use fits the order: a farmhouse, a layout and a warehouse are different uses, and the norms for the first are covered in farmhouse rules in Rajasthan.

If the application was refused or is stuck, why CLU applications get rejected covers the usual reasons. For the purchase-side rules that apply even without conversion, see agricultural land rules in Rajasthan.

Frequently Asked Questions