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THE JODHPUR DEVELOPMENT AUTHORITY ACT, 2009
(Act No. 2 of 2009)
[Received the assent of the Governor on the 31st day of January, 2009]
An
Act
for forming Jodhpur City and certain contiguous areas into
Jodhpur Region, to provide for the establishment of an Authority
for the purposes of planning, co-ordinating and supervising the
proper, orderly and rapid development of the Jodhpur Region and
of executing plans, projects and schemes for such development and
to provide for matters connected therewith.
Whereas, Jodhpur City and areas contiguous to it are being
progressively developed and populated, and the necessity is being
increasingly felt for forming these areas into Jodhpur Region and
for setting up of an Authority for the purpose of planning, co-
ordinating, and supervising the proper, orderly and rapid
development of these areas, in which several government
departments, local authorities and other organisations are at present
engaged within their own jurisdictions; to provide also that such
Authority be enabled either itself or through other authority to
formulate and execute plans, projects and schemes for the
development of Jodhpur Region so that housing, community
facilities, civic amenities and other infrastructure are properly
created for the population of Jodhpur Region in the perspective of
2023 A.D. or thereafter including the intermediate stages, and to
provide for matters connected with the purpose aforesaid;
Be it enacted by the Rajasthan State Legislature in the
Fifty-ninth Year of the Republic of India, as follows:-
CHAPTER- I
Preliminary
1. Short title, extent and commencement .-(1) This Act
may be called The Jodhpur Development Authority Act, 2009.
(2) It shall extend to Jodhpur Region Area.
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(3) It shall be deemed to have come into force on and from
30th August, 2008.
2. Definitions.- In this Act, unless the context otherwise
requires ,-
(1) "agriculture" includes horticulture, fruit growing, seed
growing, dairy farming, gardening, forestry, livestock breeding or
the use of land as a nursery, grazing land or any other use of land
which is ancillary to its cultivation or other agricultural purposes
and the word "agricultural" shall be construed accordingly;
(2) "amenities" include roads, bridges, any other means of
communication, transport, streets, open spaces, parks, recreational
grounds, play grounds, water, gas and electric supply, and source
of energy, street lighting, sewerage, drainage, conservancy, public
works and such other utilities, services and convenience has the
State Government in consultation with the Authority may, by
notification in the Official Gazette, specify to be an amenity for the
purpose of this Act;
(3) "Authority" means the Jodhpur Development Authority
constituted under section 3;
(4) "building operations" include rebuilding operations,
structural alterations of or additions to buildings and other
operations undertaken in connection with the construction of
buildings;
(5) "development" with its grammatical variations, means
the carrying out of building, engineering, mining or other
operations in, or over, or under any land ( including land under
river, lake or any other water) or the making of any material
change in any building or land or in the use of any building or
land, and includes re-development and lay out, and sub-division of
any land and also the provision of amenities and projects and
schemes for development of agriculture, horticulture, floriculture,
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forestry, dairy development, poultry farming, piggery, cattle
breeding, fisheries and other similar activities, and "to develop"
shall be construed accordingly;
(6) "development area" means the area declared as such
under sub-section (1) of section 29 and in which development is
proposed to be undertaken within a reasonable period through
schemes, projects or otherwise;
(7) "Government" means Government of the State of
Rajasthan;
(8) "Jodhpur Region" means the areas in the limits of the
city, towns and villages specified in Schedule-I. The State
Government may, from time to time, in the notification published
in the Official Gazette, amend that Schedule by adding thereto or
deleting therefrom any area specified in such notification, and
thereupon the modified area shall be the Jodhpur Region;
(9) "Land" includes benefits to arise out of land, and things
attached to the earth, or permanently fastened to anything attached
to the earth;
(10) "Local authority" means a Municipality or Panchayat;
(11) "Municipality" means a Municipality established
under the Rajasthan Municipalities Ordinance, 2008 (Ordinance
No. 10 of 2008) in Jodhpur Region;
(12) "occupier" includes-
(a) an owner or any person who, but for a contract,
express or implied, is paying or is liable to pay rent
to the owner of any building or land; or
(b) any person who is liable to pay to the owner of any
land or building, damages for wrongful occupation
of the whole or part of any such building or land;
and
(c) rent-free occupant of any building or land;
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(13) "owner” includes the person who, but for a contract,
express or implied, for the time being is receiving or is entitled to
receive, whether on his own account or as an agent, trustee,
guardian, manager or receiver for another person, or for any
religious or charitable institution, the rent or profits of any building
or land;
(14) "Panchayat" means a panchayat established under the
Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) in
Jodhpur Region;
(15) "plan" means a master development plan or a zonal
development plan prepared or deemed to be prepared under this
Act, and the expression "any plan" shall be construed accordingly;
(16) "prescribed" means prescribed by rules under this Act;
(17) "public purpose" includes any purpose which is useful
to the public or any class or section of the public and the
requirement of land reserved or designated in a plan, project or
scheme or for any other purpose under this Act;
(18) "regulation" means a regulation made by the Authority
under this Act;
(19) "rule" means a rule made by the Government under
this Act;
(20) "Tribunal" means Tribunal constituted under the
provisions of this Act;
(21) "Zone" means any of the division in which Jodhpur
Region may be divided for the purposes of development under this
Act;
(22) words and expressions used in this Act, but not
defined herein, shall have the same meanings as assigned to them
in the Rajasthan Urban Improvement Act,1959 (Act No. 35 of
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1959) and the Rajasthan Municipalities Ordinance, 2008
(Ordinance No. 10 of 2008).
CHAPTER- II
Establishment and Constitution of the Authority
3. Establishment of the Jodhpur Development
Authority.- (1) As soon as may be, after the commencement of
this Act, the State Government shall, by notification in the Official
Gazette, establish for the purposes of this Act, an Authority to be
called "the Jodhpur Development Authority" (hereinafter referred
to as "the Authority").
(2) The Authority shall be a body corporate by the name
aforesaid having perpetual succession and a common seal with
power, subject to the provisions of this Act, to acquire, hold and
dispose of property, both movable and immovable, and to contract,
and may sue or be sued by its corporate name aforesaid.
(3) The Authority shall be deemed to be a local authority
within the meaning of the term "local authority" as defined in the
Rajasthan General Clauses Act,1955 (Act No. 8 of 1955).
4. Composition of the Jodhpur Development
Authority.-(1) The Authority shall consist of the following
members, namely :-
(i) a Chairman, appointed by the State Government;
(ii) a Vice-chairman, Jodhpur Development Commissioner,
Jodhpur;
(iii) Principal Secretary to the Government, Urban
Governance (Development and Housing Department);
or his representative not below the rank of Deputy
Secretary;
(iv) Deputy Housing Commissioner, Rajasthan Housing
Board, Jodhpur;
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(v) Additional Chief Engineer, Public Health Engineering
Department, Jodhpur;
(vi) Additional Chief Engineer, Public Works Department,
Jodhpur;
(vii) District Collector, Jodhpur;
(viii) Chief Managing Director, Jodhpur Vidyut Vitran
Nigam Ltd., Jodhpur;
(ix) Chairman/Administrator, Municipal Corporation, Jodhpur;
(x) Zila Pramukh of Zila Parishad, Jodhpur ;
(xi) Deputy Town Planner, Jodhpur; and
(xii) Non-official members, not exceeding seven to be
nominated by the State Government.
(2) Besides the members referred to in sub-section (1) the
State Government, if it so thinks fit, may also appoint the
Chairman of any Functional Board as member of the Authority.
(3) The Chairman of the Authority shall supervise and
control all the activities on behalf of the Authority and shall
exercise such powers and perform such duties as are conferred on
him under this Act and exercise such other powers and perform
such other duties as the Authority may, by regulations, from time
to time determine. He may also modify, subject to confirmation by
the Authority, in its next meeting, the decisions of officers of
authority and committees constituted under the provisions of this
Act.
(4) The Vice-chairman shall exercise such powers and
perform such duties as the Chairman of the Authority may, by
order, delegate to him and shall, during the absence of the
Chairman, perform the functions and exercise the powers of the
Chairman.
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(5) The members shall receive such allowances for meeting
the personal expenditure in attending the meetings of the Authority
or any committee or body thereof or in performing any other
functions as members, as may be prescribed.
(6) Where a person becomes or is nominated as a member
of the Authority by virtue of holding any office or being a member
of the Parliament or State Legislature or any local authority or any
other authority, Corporation, Council, Board or body, whether
incorporated or not, he shall cease to be a member of the Authority
as soon as he ceases to be holder of that office or such member as
the case may be.
(7) A member of the Authority, other than ex officio
members, may, at any time by writing under his hand addressed to
the Chairman, resign his office but shall continue as member until
his resignation is accepted by the Chairman.
(8) The term of the non-official members of the Authority
nominated under clause (xii) of sub-section (1) shall be for a
period of two years:
Provided that in the event of the office of any aforesaid
member becoming vacant by reason of death, removal, resignation
or otherwise, the vacancy shall be filled up by fresh nomination
according to the provisions of clause (xii) of sub-section (1).
(9) No act or proceeding of the Authority, or of any board,
committee or other body thereof shall be deemed to be invalid at
any time merely on the ground that any of the members of the
Authority or such body are not nominated, appointed or for any
other reason are not available to take office at the time of the
constitution or any meeting of the Authority, or such body or any
person is a member in more than one capacity, or there are one or
more vacancies in the offices of any members of the Authority or
such body.
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5. Meetings of the Authority.-(1) The Authority shall
meet atleast once in six months at such place and at such time as
the Chairman may decide, and shall, subject to the provisions of
section 6 observe such rules of procedure in regard to the
transaction of business at its meeting (including the quorum
thereat) as may be laid down by regulations.
(2) The Chairman or in his absence, the Vice-chairman
shall preside at every meeting of the Authority. If for any reason
both the Chairman and the Vice-chairman are unable to attend any
meeting, any other member of the Authority, elected by the
members thereof, present at the meeting, shall preside.
6. Cessation of membership .- (1) A member of the
Authority, who has or acquires, directly or indirectly any share or
pecuniary or other interest in any contract, loan, arrangement or
proposal entered into, or proposed to be entered into by or on
behalf of the Authority shall cease to be a member of the
Authority:
Provided that, a member shall not be deemed to have any
such share or interest, by reason only of his being a share holder of
a public limited company/concern in any such contract, loan,
arrangement or proposal or that he himself or any relation of his, is
employed by or on behalf of the Authority or he has such share or
interest in his capacity as a member of the Authority, or his
property, or any property in which he has a share or interest, is or
is being acquired or taken on lease by or on behalf of the Authority
by agreement or according to any law for the time being in force.
(2) If any question arises whether a member of the
Authority has become subject to the dis-qualifications mentioned
in sub-section (1), the question shall be referred for the decision of
the State Government and its decision shall be final.
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7. Constitution and powers of Executive Committee.- (1)
There shall be an Executive Committee of the Authority consisting
of the following members, namely: -
(i) a Chairman, who shall be the Jodhpur Development
Commissioner;
(ii) representative of Principal Secretary, Urban
Governance (Development and Housing) not below
the rank of Deputy Secretary;
(iii) Secretary, Jodhpur Development Authority (who shall
be the member-Secretary of the Committee);
(iv) Chief Engineer, Public Works Department, Jodhpur,
Rajasthan;
(v) Chief Engineer, Public Health Engineering
Department, Jodhpur, Rajasthan;
(vi) Managing Director or his representative of the
Jodhpur Vidyut Vitaran Nigam Limited not below
the rank of a Chief Engineer;
(vii) Managing Director, Rajasthan State Industrial and
Investment Corporation Limited; or his representative
not below the rank of General Manager;
(viii) Managing Director, Rajasthan State Road Transport
Corporation; or his representative not below the rank
of General Manager;
(ix) Deputy Director, Tourism, Jodhpur;
(x) Director, Engineering of the Authority;
(xi) Director, Town Planning of the Authority;
(xii) Director, Finance of the Authority;
(xiii) Director, Law of the Authority;
(xiv) Collector, Jodhpur;
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(xv) Superintendent of Police, Jodhpur; and
(xvi) The Commissioner, Municipal Corporation, Jodhpur :
Provided that where an Administrator has been appointed
of the Municipal Corporation of Jodhpur, he shall be the member.
(2) The Executive Committee shall exercise the following
powers and perform the following duties, namely :-
(i) organisation of the divisions and operational units of
the Authority;
(ii) preparation of drafts of regulations and
recommending to the Authority for making them;
(iii) operation of the Jodhpur Region Development Funds;
(iv) preparation of projects and schemes;
(v) approval or rejection of tenders for projects and
schemes;
(vi) creation of posts under the Authority upto such level
as may be determined by regulations with the prior
approval of the Government ;
(vii) borrowing and reborrowing of money required by the
Authority;
(viii) investment of surplus money of the Jodhpur Region
Development Funds;
(ix) making of grants, subventions, loans or advances to,
or sharing expenses with any local or other authority
or person for projects and schemes;
(x) institution or withdrawal of legal proceedings on
behalf of the Authority; and
(xi) delegation of any of its powers and duties to its
Chairman or any officer of the Authority.
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(3) In addition to the powers and duties conferred on it
under other provisions of this Act, the Executive Committee shall
exercise such other powers and perform such other duties as may
be delegated to it by the Authority from time to time.
(4) The Executive Committee shall meet at such place and
at such time as may be determined by its Chairman, and shall
observe such rules of procedure in regard to transaction of business
as may be determined by regulations.
8. Appointment of Jodhpur Development Commissioner,
Directors, Secretary, etc..-(1) The State Government shall
appoint any of its officer as Jodhpur Development Commissioner
on such salary and allowances and on such terms and conditions of
service as may be determined by the State Government. He shall
be the Chief Executive of the Authority and shall supervise and
control all its officers and servants, including any officer of
Government appointed, from time to time, on deputation to the
Authority, or to the Executive Committee, or any other Committee
or any Functional Board or any body thereof. He shall be
responsible for collection of all sums due to the Authority and
payment of all sums payable by it. He shall ensure adequate
security of all assets including cash balances of the Authority.
Besides the said powers and duties and the powers and duties
delegated by the Authority or the Executive Committee or any
other committee or any Functional Board or any body thereof, he
shall also exercise the following powers, perform the following
functions and discharge the following duties, namely:-
(i) management and supervision of operational units of
the Authority;
(ii) except as otherwise provided, appointment of the staff
as per strength sanctioned by the Authority or the
Executive Committee, as the case may be, including
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their removal, dismissal or otherwise punishing them
in accordance with the regulations made by the
Authority;
(iii) promulgation of internal procedure for management
of the Authority;
(iv) administration of Projects and Schemes of the
Authority;
(v) grant of any permission required to be given under
this Act or refusal thereof on behalf of the Authority;
(vi) calling tenders, scrutinise them and approve or reject
them where the value does not exceed rupees one
crore and where the value exceeds rupees one crore
making recommendation to the Executive Committee;
(vii) executing agreements and entering into contracts for
and on behalf of the Authority; and
(viii) all other powers, functions and duties as may be
determined by regulations.
(2) To aid and advise the Jodhpur Development Commissioner,
the State Government shall appoint the following Directors: -
(i) Director, Engineering who shall not be below the rank
of Chief Engineer of civil construction;
(ii) Director, Town Planning, who shall not be below the
rank of Senior Town Planner and Architectural
Advisor;
(iii) Director, Finance who shall be not below the rank of
Senior Accounts Officer; and
(iv) Director Law who shall not be below the rank of a
District Judge, or a Joint Legal Remembrancer from
the Rajasthan State Legal Service.
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(3) The State Government shall appoint a Secretary of the
Authority who shall also act as Secretary of the Executive
Committee, other Committees, if any, and all Functional Boards.
He shall, subject to the control and supervision of the Jodhpur
Development Commissioner, record the minutes of the
Proceedings of the Authority, Executive Committee, all Functional
Boards, Committees or any body of the Authority, maintain the
minute book for the same alongwith all record relevant thereto and
shall exercise such powers, perform such functions and discharge
such duties as may be delegated to him by the Authority, the
Executive Committee, Jodhpur Development Commissioner or any
Functional Board.
(4) The State Government may also appoint one or more
Additional Commissioners and Additional Secretaries to assist the
Jodhpur Development Commissioner and they shall perform such
functions and discharge such duties as may be delegated to them
by the Jodhpur Development Commissioner.
(5) The officers appointed under sub-sections (2), (3) and
(4) shall be deemed to be officers of the Authority and their salary
and allowances and their terms and conditions of service shall be
such as may be determined by the State Government.
9. Determination of strength of the Staff, etc..- The
Authority or in case the powers are delegated by it, the Executive
Committee may, from time to time, sanction creation of posts of all
other officers and servants with the prior approval of the
Government, except the officers referred to in section 8,
subordinate to the Authority including Executive Committee, any
other Committee, any Functional Board or any other body as it
thinks necessary. The conditions of appointment and service,
strength of the cadre and the powers, functions and duties of such
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officers and servants shall be such as may be determined by
regulations.
10. Constitution of Committees.- (1) The Authority may
constitute committees consisting wholly of members of such
Authority or partly of members of such Authority and partly of
other persons in such manner and for such purposes and functions
as may be specified by the Authority by regulations.
(2) The Committees constituted under this section shall
meet at such place and at such time, and shall observe such rules of
procedure in regard to the transaction of business at its meetings as
may be provided by regulations.
(3) The members of the committees may be paid such
allowances for meeting the personal expenditure in attending the
meetings and for attending to any other work of the committees as
may be prescribed.
11. Authentication of orders, etc..- All proceedings of the
Authority, the Executive Committee, other Committees and the
Functional Boards shall be authenticated by the signatures of the
Chairman of the Authority, the Executive Committee, other
Committee, or the Functional Board, as the case may be, or of any
member thereof authorised by the Chairman in this behalf and all
other orders and instruments of the Authority shall be
authenticated by the Jodhpur Development Commissioner or by
any other officer of the Authority authorised by him in this behalf.
12. Provision for inviting Government and Local
Authority Officers to assist for advice.- The Authority, the
Executive Committee, the Jodhpur Development Commissioner or
a Functional Board may invite any officer of the State Government
or local authority or other authority or any person to attend its
meeting or meetings as a special or permanent invitee for the
purpose of assisting or advising it on any matter or matters. The
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officers or the persons so invited may take part in the proceedings,
but shall have no right to vote.
CHAPTER- III
Constitution of Functional Boards
13. Establishment of Jodhpur Traffic Control Board.-
(1) As soon as may be after the Authority is established under sub-
section (1) of section 3, the State Government shall, by order,
constitute a Functional Board to be called as the "Jodhpur Traffic
Control Board" under the Authority.
(2) The Jodhpur Traffic Control Board shall consist of the
followings members, namely :-
(i) a Chairman who shall be the Jodhpur Development
Commissioner ;
(ii) Secretary, Jodhpur Development Authority ;
(iii) Regional Transport Officer, Jodhpur, Rajasthan ;
(iv) General Manager(Operation), Rajasthan State Road
Transport Corporation, Zone Jodhpur ;
(v) Additional Chief Engineer, Public Works
Department, Jodhpur ;
(vi) Additional Chief Engineer, Public Health
Engineering Department, Jodhpur ;
(vii) Representative of the Jodhpur Vidyut Vitran Nigam
Ltd., not below the rank of a Additional Chief
Engineer ;
(viii) Director, Engineering of the Authority ;
(ix) Director, Town Planning of the Authority ;
(x) Director, Finance of the Authority ;
(xi) District Magistrate, Jodhpur ;
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(xii) Superintendent of Police, Jodhpur ;
(xiii) Chairman/Administrator, Municipal Corporation,
Jodhpur ; and
(xiv) two persons to be nominated by the Chairman of the
Authority.
(3) The Jodhpur Traffic Control Board shall exercise the
following powers and perform the following duties, namely :-
(i) to prepare a Master Plan for traffic control in
Jodhpur City and to take steps in a phased manner
for its implementation ;
(ii) to take steps to modernise the traffic control system ;
(iii) to lay down the policy for issuing traffic licences of
light and heavy vehicles ;
(iv) to determine policy for one way traffic, to impose
restrictions for certain hours on certain kind of traffic
on certain roads, to bar certain vehicles on certain
roads, to determine parking places, stands, stops and
cycle ways and other matters connected therewith ;
(v) to lay down guidelines for raising sign-signals,
barriers and speed breakers ;
(vi) to grant permission to any person, Government
Department (Central or State), any local authority or
any other body to cut the roads for various purposes
and to impose conditions thereof ;
(vii) to demolish traffic hazards, obstacles and to
determine compensation in such cases in accordance
with regulations ;
(viii) to solicit help of the citizens and associations of
repute to advise and raise funds for traffic control
and traffic education in accordance with the rules ;
(ix) to organise traffic education ; and
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(x) to perform all other activities pertaining to the
improvement and control of traffic and such other
functions as may be directed by the Authority.
14. Constitution and powers of other Functional
Boards.- (1) On the advice of the Authority, the State Government
may, from time to time, by order published in the Official Gazette,
constitute, (i) a Transport and Communications Board, (ii) a Water
Resources Management Board, (iii) a Housing, Urban Renewal
and Ecology Board and other Functional Boards for achieving the
objects of the Authority with such names as it deems fit to specify,
each having membership as provided in sub-section (2).
(2) Each Functional Board constituted by the State
Government under sub-section (1) shall consist of a Chairman and
such other members (not exceeding five) as may be appointed by
the State Government. At least two of the members shall be
persons who have special knowledge and experience of the subject
to be dealt with by the Functional Board.
(3) The State Government may if it thinks fit in public
interest so to do terminate the appointment of Chairman or any
member of any Functional Board constituted under sub-section (1)
or reconstitute the same at any time.
(4) Each Functional Board shall, in respect of the subject
on areas within its purview: -
(a) plan, identify projects and schemes, initiate surveys
and conduct investigations (either by itself or engaging
other agencies as appropriate) and prepare
programmers and proposals for investment purposes
for the consideration of the Authority, indicating the
authorities and agencies to be entrusted with the
execution thereof;
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(b) advise the Authority, Executive Committee or the
Jodhpur Development Commissioner;
(c) implement any project or scheme, entrusted to it by the
Authority or Executive Committee; and
(d) exercise such other powers and perform such other
functions and duties as may be delegated to it by the
Authority or as may be assigned to it by the Executive
Committee or the Jodhpur Development Commissioner
from time to time.
15. Meetings of the Functional Board.- (1) All Functional
Boards constituted under this Chapter shall meet at such place and
at such time as may be determined by its Chairman; and shall
observe such rules of procedure in regard to the transaction of
business at its meeting as may be determined by regulations.
(2) The members of the Functional Boards may be paid
such allowances for meeting the personal expenditure in attending
meeting and for attending to any other work of the Board, as may
be prescribed.
CHAPTER- IV
Powers and Functions of the Authority
16. Functions of the Authority.- The main object of the
Authority shall be to secure the integrated development of the
Jodhpur Region and for that purpose the functions of the Authority
shall be:-
(a) urban planning including the preparation of Master
Development Plan and Zonal Development Plans and
carrying out surveys for the purpose and also making
alterations therein as may be deemed necessary;
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(b) formulation and sanction of the projects and schemes
for the development of the Jodhpur Region or any
part thereof;
(c) execution of projects and schemes directly by itself or
through a local authority or any other agency;
(d) to make recommendations to the State Government
on any matter or proposal requiring action by the
State Government, Central Government, any local
authority or any other authority for overall
development of the Jodhpur Region;
(e) participation with any other authority for the
development of the Jodhpur Region;
(f) co-ordinating execution of projects or schemes for the
development of the Jodhpur Region;
(g) supervision or otherwise ensuring adequate
supervision over the planning and execution of any
project or scheme, the expenses of which, in whole or
in part are to be met from the Jodhpur Region
Development Funds;
(h) preparing schemes and advising the concerned
authorities, departments and agencies in formulating
and undertaking schemes for development of
agriculture, horticulture, floriculture, forestry, dairy
development, transport, communication, schooling,
cultural activities, sports, medicare, tourism
entertainment and similar other activities;
(i) execution of projects and schemes on the directions of
the State Government;
(j) undertaking housing activity in Jodhpur Region,
provided that the delineation of responsibility for
housing between Rajasthan Housing Board and the
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Authority will be made by the State Government
effective from the date to be fixed by it;
(k) to acquire, hold, manage and dispose of property,
movable or immovable, as it may deem necessary;
(l) to enter into contracts, agreements or arrangements
with any person or organisation as the Authority may
deem necessary for performing its functions;
(m) to prepare Master Plan for traffic control and
management, devise policy and programmes of action
for smooth flow of traffic and matters connected
therewith;
(n) to perform functions designated by the State
Government in the areas of urban renewal,
environment and ecology, transport and
communication, water energy resource management
directly or through its Functional Board or other
departments/agencies as the State Government may
specify;
(o) regulating the posting of bills, advertisement
hoardings, signpost, and name boards in Jodhpur
Region or in any part thereof as specified by the
Authority;
(p) regulating the erection or re-erection of buildings and
projections, making material alterations therein and
providing for open spaces in Jodhpur Region or in
any part thereof as specified by the Authority;
(q) removing obstructions and encroachments upon
public streets, open spaces and properties vesting in
the Government or the Authority;
(r) to do all such other acts and things which may be
necessary for or incidental or conducive to, any
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matters which arise on account of its activity and
which are necessary for furtherance of the objects for
which the Authority is established; and
(s) to perform any other functions that the State
Government may designate in furtherance of the
objectives of this Act.
17. No other authority or person to undertake certain
development without permission of the Authority.- (1)
Notwithstanding anything contained in any law for the time being
in force, except with the previous permission of the Authority, no
authority or person shall undertake any development within the
Jodhpur Region of the type as the Authority may from time to time
specify, by notification published in the Official Gazette, and
which is likely to adversely affect the overall development of the
Jodhpur Region.
(2) Any authority or person desiring to undertake
development referred to in sub-section (1) shall apply in writing to
the Authority for permission to undertake such development:
Provided that such person may apply for such permission
through the concerned local authority and such local authority shall
forward his application to the Authority with its recommendations,
if any.
(3) The Authority shall, after making such enquiry as it
deems necessary and within sixty days from the receipt of an
application under sub-section (2), grant such permission without
any conditions or with such conditions as it may deem fit to
impose or refuse to grant such permission. If such permission is
not granted or refused within sixty days as aforesaid, the applicant
may, by a written communication presented in person or through
his authorised representative to the Secretary of the Authority or
any other officer nominated by him in this behalf, call the attention
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of the Authority to the omission or neglect in granting or refusing
permission, and if such omission or neglect continues for a further
period of thirty days from the receipt of such communication, the
Authority shall be deemed to have permitted the proposed
development and such development may be proceeded within the
manner specified in the application:
Provided that nothing herein contained shall be construed
to authorise any person to act in contravention of any provision of
this Act or the rules, regulations or order made thereunder, relating
to any matters other than the requirement of obtaining permission
of the Authority before undertaking or carrying out any
improvement under this Act.
(4) Any authority or person aggrieved by the decision of
the Authority under sub-section (3), may, within thirty days, appeal
against such decision to the State Government whose decision
shall be final:
Provided that, where the aggrieved authority submitting
such appeal is under the administrative control of the Central
Government the appeal shall be decided by the State Government
after consultation with the Central Government.
(5) In case any person or authority does anything contrary
to the decision given under this section, the Authority shall have
power to pull down, demolish or remove any development
undertaken contrary to such decision and recover the cost of such
pulling down, demolition or removal from the person or authority
concerned.
18. Powers of the Authority to give directions.- (1)
Notwithstanding anything contained in any other law for the time
being in force, the Authority may give such directions to any local
authority or other authority or person, with regard to the
implementation of any project or scheme financed under section
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16, as it thinks fit and any such local authority or other authority or
person shall be bound to comply with such directions.
(2) Where any direction is given to any local authority,
other authority or person under sub-section (1), such authority or
person may, within fifteen days from the date of receipt of such
direction, appear to the State Government against such direction,
and the decision of the State Government thereon shall be final.
(3) The authority shall so exercise the powers of
supervision referred to in clause (g) of sub- section (1) of section
16, as may be necessary to ensure that each project or scheme is
executed in the interest of the overall development of the Jodhpur
Region and in accordance with any plan, project or scheme duly
approved under any law for the time being in force or by the State
Government.
19. Power of the Authority to require local authority to
assume responsibilities in certain cases.- (1) Where any
amenities are provided by the Authority, the Authority may assume
responsibility for the maintenance of the amenities which have
been provided by it, or may require the local authority or any other
authority, within whose jurisdiction the area so developed is
situated, to assume such responsibility.
(2) The Authority, may also require the local authority or
any other authority to make provision for such other amenities as
may be specified by it and which have not been provided by the
Authority, on such terms and conditions as may be agreed upon
conditions cannot be agreed upon, on such terms and conditions as
may be specified by the State Government, in consultation with the
local authority or any other authority, as the case may be, and the
Authority.
20. Power of the Authority to execute any plan.- (1)
Where the Authority is satisfied that any direction given by it
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under sub-section (1) of section 18 with regard to any project or
scheme has not been carried out by the local authority or other
authority or person referred to therein, within the time specified in
the direction, or that any such authority or person is unable to fully
implement any project or scheme undertaken by it for the
development of any part of the Jodhpur Region, the Authority may,
with the sanction of the State Government itself undertakes any
works and incur any expenditure for the execution of such projects
or implementation of such schemes as the case may be.
(2) The Authority may also undertake any works in the
Jodhpur Region in accordance with the Master Development Plan
or the Zonal Development Plan or any other project or scheme as
the case may be, as may be directed by the State Government and
may incur such expenditure as may be necessary for the execution
of such work. Such direction may be issued to the Authority only
where in the opinion of the State Government -
(a) there is no other suitable authority to undertake such
work, or
(b) where there is such an authority but it is unwilling or
unable to undertake such work, or
(c) where the Authority has specifically requested the
State Government to entrust such work to it.
(3) Where any work is undertaken by the Authority under
sub-section (1), it shall be deemed to have, for the purpose of the
execution of such work, all the powers which may be exercised by
or under any law for the time being in force by the local Authority
or other authority or person referred to in sub-section (1).
(4) The Authority may, for the purpose of sub-sections (1)
and (2), undertake the survey of any area within the Jodhpur
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Region and for that purpose it shall be lawful for any member,
officer or servant of the Authority:-
(a) to enter in or upon any land to take level of such land ;
(b) to dig or bore into the sub-soil ;
(c) to mark levels and boundaries by placing marks and
cutting trenches ; and
(d) where otherwise the survey cannot be completed and
levels taken and boundaries marked, to cut down and
clear away any fence or jungle :
Provided that, before entering upon any land, the Authority
shall give notice of its intention to do so in such manner as may be
specified in the regulations.
CHAPTER- V
Master Development Plan and Zonal Development Plans
21. Civic Survey and preparation of Master
Development Plan.- (1) The Authority with a view to securing
planned integrated development and use of land, shall carryout a
civic survey of and prepare a Master Development Plan for
Jodhpur Region.
(2) The Master Development Plan shall precisely define the
quality of life that a citizen of Jodhpur Region could desirably be
expected to lead in (i) medium range perspective of the year 2016
A.D. (ii) long term perspective of the year 2023 A.D. and
thereafter, and (iii) such other intermediate stages, as the State
Government may direct, balanced and time targeted development
to sub-serve the needs of the growing city of Jodhpur and other
areas of Jodhpur Region, the network of public utilities, civic
amenities, community facilities, housing, communications and
transport, the projects or schemes for conservation and
development of natural resources and such other matters as are
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likely to have bearing on the integrated development of the
Jodhpur Region and in particular may provide for :-
(i) transport and communications such as roads, high-
ways, railways, canals, international air-ports, air
cargo complexes and bus-service, including their
development ;
(ii) water supply, drainage, sewerage, sewage disposal
and other public utilities, amenities and services,
including electricity and gas ;
(iii) preservation, conservation and development of areas
of natural scenery, city forests, wild life, natural
resources and landscaping ;
(iv) preservation of objects, features, structures or places
of historical, natural, architectural or scientific
interest and educational value ;
(v) prevention of erosion, provision for afforestation or
re-forestation, improvement of water front areas,
rivers, nallahs, lakes and tanks ;
(vi) irrigation, water supply and hydro-electric works,
flood control and prevention of water and air
pollution;
(vii) educational and medical facilities ;
(viii) district business centers, other shopping complexes,
export oriented industrial areas and clearing houses,
permanent exhibition centres, cattle fairs and
markets ;
(ix) games and sports complexes worthy of holding
international events ;
(x) amusement parks including disney land, style
complexes, safari parks and other gardens and parks,
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picnic centres and day amusement including
artificial lakes and water reservoirs ;
(xi) cultural complexes including theatres, cinemas,
rangmanch, studios, recreation centres, conference
hall complexes, concert halls, town halls and
auditoria ;
(xii) tourist complexes including hotels and motels, car
hiring services, organised tours and treks ;
(xiii) development of satellite towns in Jodhpur Region
and their appropriate integration with the City of
Jodhpur including development of new townships ;
(xiv) allocation of land for different uses, general
distribution and general location of land and the
extent to which the land may be used as residential,
commercial, industrial, agricultural, or as forests or
for mineral exploitation or for other purposes ;
(xv) reservation of areas for open spaces, gardens,
recreation centres, zoological gardens, nature-
reserves, animal sanctuaries, dairies and health
resorts and other purposes ;
(xvi) the relocation of the population or industry from
over populated and industrially congested areas and
indicating the density of population or the
concentration of industry to be allowed in any area
of Jodhpur Region ;
(xvii) housing including rural housing ;
(xviii) filling up or reclamation of low lying, swampy or
un-healthy areas or levelling up of lands ;
(xix) re-development and improvement of existing built-
up areas ;
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(xx) planning standards and zoning regulations for
different zones including development of "abadi" ;
and
(xxi) planning for Jodhpur Region for management of
urban growth and all matters connected
therewith and other matters as are consistent with
the objective of this Act.
(3) The Master Development Plan may also define the
various zones into which the Jodhpur Region shall be divided for
the purposes of development and indicate the manner in which the
development is to be carried out and the land in each zone is
proposed to be used (whether by the carrying out therein
development or otherwise) and the stages by which any such
development shall be carried out and shall serve as a basic pattern
of frame-work within which the Zonal Development Plan of the
various zones may be prepared :
Provided that the Authority may, if it so considers
necessary in the public interest alter the area of any zone.
22. Zonal Development Plan.- (1) Simultaneously with
the preparation of the Master Development Plan or as soon as may
be thereafter, the Authority shall proceed with the preparation of a
Zonal Development Plan for each of the Zone into which the
Jodhpur Region may be divided.
(2) A Zonal Development Plan may :-
(a) contain the provision for the developmental
activities to be carried out as mentioned in sub-
section (2) of section 21 ;
(b) contain a site-plan for the development of the zone
and show the approximate locations and extents of
land uses proposed in the zone for such things as
public buildings and other public works and utilities,
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roads, housing, recreation, industry, business,
markets, schools, hospitals, public and private open
spaces and other categories of public and private
uses ;
(c) specify the standards of population density and
building density ;
(d) show every area in the zone which may, in the
opinion of the Authority, be required or declared for
development or re-development ; and
(e) in particular, contain provisions regarding all or any
of the following matters, namely :-
(i) the division of any site into plots for the
erection of building ;
(ii) the allotment or reservation of land for roads,
open spaces, gardens, recreation grounds,
schools, markets and other public purposes ;
(iii) the development of any area into a township
or colony and the restrictions and conditions
subject to which such development may be
undertaken or carried out ;
(iv) the erection of buildings on any site and the
restrictions and conditions in regard to the open
space to be maintained in or around buildings
and height and character of buildings;
(v) the alignment of buildings on any site ;
(vi) the architectural features of the elevation or
frontage of any building to be erected on any site ;
(vii) the number of residential buildings which
may be erected on any plot or site ;
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(viii) the amenities to be provided in relation to any
site or buildings on such site whether before
or after the erection of building and the
person or authority by whom or at whose
expense such amenities are to be provided ;
(ix) the prohibitions or restrictions regarding
erection of shops, workshops, warehouses or
factories or buildings of a specified
architectural feature or buildings designed for
particular purposes in the locality ;
(x) the maintenance of walls, fences, hedges or
any other structural or architectural
construction and the height at which they
shall be maintained ;
(xi) the restrictions regarding the use of any site
for purposes other than erection of buildings ;
and
(xii) any other matter which is necessary for the
proper development of the zone or any area
thereof according to plan and for preventing
buildings being erected haphazardly in such
zone or area.
23. Procedure to be followed in the preparation and
sanction of Plan.- (1) Before preparing any Plan finally the
Authority shall prepare a Plan in draft and publish it by making a
copy thereof available for inspection and publishing a notice in
such form and manner as may be determined by regulations
inviting objections and suggestions from any person with respect
to the draft Plan before such date as may be specified in the notice.
(2) The Authority, shall also give reasonable opportunity to
every local authority within whose local limits any land touched by
the Plan is situated, to make any representation with respect to the
Plan.
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(3) After considering all objections, suggestions and
representations that may have been received by the Authority, the
Authority shall finally sanction the Plan.
(4) Provisions may be made by regulations with respect to
the form and content of a Plan and with respect to the procedure to
be followed and any other matter, in connection with the
preparation and sanction of such Plan.
(5) Notwithstanding anything contained in sub-sections (1)
to (4), the procedure as laid down in the said sub-sections shall not
be required to be followed in case the development of any project
or scheme or any improvement thereof , in any zone is to be
carried out on any land vested in the Authority.
24. Date of operation of Plan.- Immediately after a Plan
has been sanctioned by the Authority, it shall publish in such
manner as may be determined by regulations a notice stating that a
Plan has been approved and naming a place where a copy of the
Plan may be inspected at all reasonable hours and upon the date of
the first publication of the aforesaid notice, the Plan shall come
into operation.
25. Subsequent modification of Plans.- (1) At any time
after a Plan has come into operation according to provisions of
section 24, the Authority may make any modification to the Plan as
it thinks fit, the modification, which in its opinion, does not affect
material alterations in the character of the Plan and which does not
relate to the extent of land uses or the standards of population
density.
(2) The Authority with the approval of the State
Government may make any other modifications into the plan in
order to promote planned development of any part of the Jodhpur
Region in more efficient manner.
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(3) The Authority or the Municipal Corporation, Jodhpur,
or any other body or Committee, as may be authorised by the State
Government in this behalf, may, in order to promote planned
development of any part of the Jodhpur Region in more efficient
manner, make such modifications in land use of the Plan for such
area, as may be specified by the State Government by notification
in the Official Gazette.
(4) Before making any modification to the Plan, The
Authority, Municipal Corporation, Jodhpur or any other body or
Committee shall publish a notice, in such form and manner as may
be determined by regulation inviting objections before such date as
may be specified in the notice and shall consider all objections and
suggestions that may be received by the Authority, Municipal
Corporation, Jodhpur or any other body or Committee.
(5) Every modification made under the provisions of this
section shall be published and the modification shall come into
operation either on the date of publication or on such date as the
Authority, Municipal Corporation, Jodhpur or any other body or
Committee may fix by notice published in the Official Gazette
whereupon the modified Plan shall come into operation to all
intents and for all purposes of this Act.
(6) Upon coming into operation of any modified Plan, any
reference in any other section except in the foregoing sections of
this Chapter, to the Master Development Plan or to the Zonal
Development Plan shall be construed as a reference to the Master
Development Plan or as the case may be to a Zonal Development
Plan as modified under the provisions of this section.
26. Implementation of Plan.- As soon as may be, on the
coming into operation of any plan, the Authority shall take such
action for implementation of the Plan as may be deemed necessary
subject to the provisions of this Act.
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27. Plans prepared prior to this Act deemed to have
been prepared under this Act.- Any Master Plan or a Zonal Plan
prepared under the provisions of any other law in force prior to the
commencement of this Act, shall be deemed to have been prepared
under the provision of this Act, to which the provisions of the
foregoing sections relating to the sanction, modification and
operation of a Master Plan/Master Development Plan shall mutatis
mutandis apply :
Provided that any Master Plan or Zonal Plan sanctioned for
the urban area of Jodhpur under any other provisions of law shall
cease to operate as soon as a Plan is sanctioned under the
provisions of this Act.
28. Review of Plan.- Notwithstanding anytime contained
in this Act, if the State Government or the Authority at any time
within ten years from the date on which a Plan comes into
operation under this Act is of the opinion that the revision of such
Plan is necessary, the State Government may direct the Authority
to revise or the Authority, may on its own motion undertake,
revision of such Plan, after carrying out if necessary fresh civic
survey and preparing an existing and use map of the Jodhpur
Region and thereupon the foregoing provisions of this Chapter
shall, so far as they can be made applicable, apply to the revision
of such Plan as those provisions apply in relation to the
preparation, publication and sanction of a Plan.
CHAPTER- VI
Control of Development and use of Land included in Plans
29. Declaration of Development Areas.- (1) As soon as
may be after a plan comes into operation as provided in section 24,
the Authority may, by notification in the Official Gazette, declare
any area in Jodhpur Region to be a development area for the
purposes of this Act.
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(2) Save as otherwise provided in this Act the Authority
shall not undertake or carry out any development of land in any
area, which is not a development area.
(3) On or after the date on which notification under sub-
section (1) is published in the Official Gazette, no person shall
institute or change the use of any land or carry out any
development of land without the permission in writing of the
Authority or Municipal Corporation, Jodhpur in their respective
jurisdiction except the breaking open of any public street for which
the previous permission of the Jodhpur Traffic Control Board shall
be obtained:
Provided that, no such permission shall be necessary: -
(i) for carrying out works for the maintenance,
improvement or other alteration of any building,
being works which affect only the interior of the
building or which do not materially affect the
external appearance thereof ;
(ii) the carrying out of works in compliance with any
order or direction made by any authority under any
law for the time being in force ;
(iii) the carrying out of works by any authority in exercise
of its powers under any law for the time being in
force ;
(iv) for the carrying out by the Central or the State
Government or any local authority of any works:-
(a) required for the maintenance or improvement of a
highway, road or public street, being works
carried out on land within the boundaries of such
highway, road or public street ;
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(b) for the purpose of inspecting, repairing or
renewing any drains, sewers, mains, pipes, cable,
telephone or other apparatus ;
(v) for the excavation (including wells) made in the
ordinary course of agricultural operation ;
(vi) for the construction of a road intended to give access
to land solely for agricultural purposes ;
(vii) for normal use of land which has been used
temporarily for other purpose ;
(viii) in case of land, normally used for one purpose and
occasionally used for any other purpose, for the use
of land for that other purpose on occasion ; and
(ix) for use, for any purpose incidental to the use of a
building for human habitation of any other building
or land attached to such building.
30. Power of revocation and modification of permission
to development.- (1) If it appears to the Authority that it is
expedient, having regard to the Plan prepared or under preparation
that any permission to develop land granted under this Act or any
other law, should be revoked or modified, the Authority may after
giving the person concerned an opportunity of being heard against
such revocation or modification, by order, revoke or modify the
permission to such extent as appears to it to be necessary :
Provided that -
(a) where the development relates to the carrying out of
any building or other operation, no such order shall
affect such of the operations as have been previously
carried out or shall be passed after these operations
have substantially progressed or have been completed ;
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(b) where the development relates to a change of use of
land, no such order shall be passed at any time after the
change has taken place:
Provided further that where the revocation or modification
of the permission is necessary in public interest, the provisions of
the first proviso shall not apply.
(2) Where permission is revoked or modified by an order
made under sub-section (1) and any owner claims within the time
and in the manner prescribed, compensation for the expenditure
incurred in carrying out the development in accordance with such
permission which has been rendered abortive by the revocation or
modification, the Authority shall, after giving the owner reasonable
opportunity of being heard by the office, appointed by it in this
behalf and after considering his report assess and offer reasonable
compensation to the owner.
(3) If the owner does not accept the compensation and
gives notice, within thirty days of his refusal to accept, the
Authority shall refer the matter for the adjudication of the Tribunal
and the decision of the Tribunal shall be final and be binding on
the owner and the Authority.
31. Penalty for unauthorised development for use
otherwise than in conformity with the Plan.- (1) Any person
who, whether at his own instance or at the instance of any other
person commences, undertakes or carries out development or
institutes, or changes the use of any land :-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission
granted or in contravention of any condition subject
to which such permission has been granted ; or
(c) after the permission for development has been duly
revoked; or
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(d) in contravention of any permission which has been
duly modified ;
shall on conviction, be punished with fine which may extend to
five thousand rupees, and in the case of a continuing offence with a
further fine which may extend to one hundred rupees for every day
during which the offence continues after conviction for the first
commission of the offence.
(2) Any person who continues to use or allows the use of
any land or building in contravention of the provisions of a Plan
without being allowed to do so under section 17 or where the
continuance of such use has been allowed under that section
continues such use after the period for which the use has been
allowed or without complying with the terms and conditions under
which the continuance of such use is allowed, shall, on conviction
be punished with fine which may extend to two thousand rupees;
and in the case of a continuing offence, with a further fine which
may extend to five hundred rupees for every day during which
such offence continues after conviction for the first commission of
the offence.
32. Power to require removal of un-authorised
development.- (1) Where any development of land has been
carried out as indicated in sub-section (1) of section 31, the
Authority may, subject to the provisions of this section, within ten
years of such development, serve on the owner a notice requiring
him, within such period being not exceeding one month, as may be
specified therein after the service of the notice, to take such steps
as may be specified in the notice:-
(a) in cases specified in clause (a) or (c) of sub-section
(1) of section 31 to restore the land to its condition
existing before the said development took place ;
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(b) in cases specified in clause (b) or (d) of sub-section
(1) of section 31 to secure compliance with the
conditions or with the permission as modified :
Provided that, where the notice requires the discontinuance
of any use of land the Authority shall serve a notice on the
occupier also.
(2) In particular, such notice may, for purposes of sub-
section (1), require :-
(a) the demolition or alteration of any building or
works;
(b) the carrying out on land of any building or other
operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the
period specified in the notice and in the manner determined by
regulations, apply for permission under section 17 for retention on
the land, of any building or works or for the continuance of any use
of the land, to which the notice relates and pending the final
determination or withdrawal of the application, the mere notice
itself shall not affect the retention of buildings or works or the
continuance of such use.
(4) The foregoing provisions of this Chapter shall, so far as
may be applicable, apply to an application made under sub-section
(3).
(5) If the permission applied for is granted, the notice shall
stand withdrawn; but if the permission applied for is not granted,
the notice shall stand; or if such permission is granted for the
retention only of some buildings; or works, or for the continuance
of use of only a part of the land, the notice shall stand withdrawn
as respects such buildings or works or such part of the land, but
shall stand as respects other buildings or works or other parts of the
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land, as the case may be; and thereupon the owner shall be
required to take steps specified in the notice under sub-section (1)
as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the
same period after the disposal of the application under sub-section
(4), the notice or so much of it as stands in not complied with, the
Authority may :-
(a) prosecute the owner for not complying with the
notice and where the notice requires the
discontinuance of any use of land, any other person
also who uses the land or causes or permits the land
to be used in contravention of the notice; and
(b) where the notice requires the demolition or
alteration of any building or works or carrying out
of any building or other operations, itself cause the
restoration of the land to its condition before the
development took place and secure compliance with
the conditions of the permission or with the
permission as modified by taking such steps as the
Authority may consider necessary including
demolition or alteration of any building or works or
carrying out of any building or other operation; and
recover the amount of any expenses incurred by it
in this behalf from the owner as arrears of land
revenue.
(7) Any person prosecuted under clause (a) of sub-section
(6) shall, on conviction, be punished with fine which may extend
to five thousand rupees, and in the case of a continuing offence,
with a further fine which may extend to five hundred rupees for
every day during which such offence continues after conviction for
the first commission of the offence.
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33. Power to stop un-authorised development.- (1)
Where any development of land as indicated in sub-section (1) of
section 31 is being carried out but has not been completed, the
Authority may serve on the owner and the person carrying out the
development, a notice requiring the development of land to be
discontinued from time to time the service of the notice, and
thereupon, the provisions of sub-sections (3),(4),(5) and (6) of
section 32 shall, so far as may be applicable, apply in relation to
such notice, as they apply in relation to notice under section 32.
(2) Any person, who continues to carry out the
development of land, whether for himself or on behalf of the owner
or any other person, after such notice has been served shall, on
conviction, be punished with fine which may extend to five
thousand rupees, and when the non-compliance is a continuing
one, with a further fine which may extend to five hundred rupees
for every day after the date of the service of the notice during
which the non-compliance has continued or continues.
(3) Notwithstanding anything contained in this chapter,
where any person continues to carry out un-authorised
development after receiving a notice under sub-section (1), the
Authority or any officer authorised by it in this behalf, shall, in
addition to any prosecution or other proceedings or action that may
be initiated under this Act, have the power to require any Police
Officer to remove the person by whom the erection of the building
has been continued and all his assistants and workmen from the
place of the un-authorised development within such time as may be
specified in the requisition and such Police Officer shall comply
with the requisition accordingly. In addition to such removal of
person, the Authority may also confiscate such construction
materials, tools etc., which such person was using for un-
authorised development.
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(4) After a requisition order under sub-section (3) has been
complied with, any person or his assistants and workmen
subsequently continuing un-authorised development shall, on
conviction, be punishable under section 66 of this Act, in addition
to the action under sub-section (3).
(5) No compensation shall be claimed by any person for
any damage which he may sustain in consequence of the
discontinuation of the un-authorised development under this Act.
34. Composition of un-authorised development.-
Notwithstanding anything herein before contained in this chapter,
where any person has carried out any development of a permanent
nature or has changed the use of land,-
(a) without permission required under this Act, or
(b) which is not in accordance with any permission
granted or is in contravention of any conditions
subject to which any permission has been granted, or
(c) in contravention of any permission granted or duly
modified,
such development or change of use of land may be compounded by
the Authority on such terms and on payment of such fees and
charges, as may be prescribed by the State Government from time
to time.
35. Removal or discontinuance of un-authorised
temporary development summarily.- (1) Notwithstanding
anything herein-before contained in this Chapter, where any person
has carried out any development of a temporary nature un-
authorisedly as indicated in sub-section (1) of section 31, the
Authority may, by an order in writing direct that person to remove
any structure or work erected, or discontinue the use of land made,
un-authorisedly as aforesaid, within fifteen days of the receipt of
the order; and thereafter, the person does not comply with the order
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within the said period, the Authority or any officer authorised by it
in this behalf may get such work summarily removed or get such
use summarily discontinued without any notice as directed in the
order; and any development un-authorisedly made again shall
similarly be summarily removed or discontinued without making
any order as aforesaid:
Provided that standing crops shall not be summarily
removed and reasonable period not exceeding six months shall be
allowed to the person concerned by the Authority for the crop to be
cut and gathered.
(2) The decision of the Authority on the question of what is
development of a temporary nature shall be final.
36. Power to require removal of authorised
development or use.- (1) If it appears to the Authority that it is
expedient in the interest of proper planning of its areas (including
the interest of amenities) having regard to the Plan prepared-
(a) that any use of land should be discontinued ; or
(b) that any conditions should be imposed on the
continuance thereof; or
(c) that any building or works should be altered or
removed, the Authority may, by notice served on
the owner-
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in
the notice on the continuance thereof; or
(iii) require such steps, as may be specified in the
notice to be taken for the alteration or removal
of any building or works, as the case may be
within such period, being not less than one
month, as may be specified therein, after the
service of the notice.
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(2) Any person aggrieved by such notice may, within the
said period and in the manner prescribed, appeal to the Tribunal.
(3) On receipt of an appeal under sub-section (2), the
Tribunal may, after giving a reasonable opportunity of being heard
to the appellant and the Authority, dismiss the appeal or allow the
appeal by quashing or varying the notice as it may think fit.
(4) If any person: -
(i) who has suffered damage in consequence of the
compliance with the notice by the depreciation on
any interest in the land to which he is entitled or by
being disturbed in his enjoyment of the land or
otherwise; or
(ii) who has carried out any works in compliance with
the notice, claims, from the Authority, within the
time and in the manner prescribed compensation in
respect of that damage, or of any expenses
reasonably incurred by him for complying with the
notice, then the provisions of sub-sections (2) and
(3) of section 30 shall apply in relation to such
claim as those provision apply to claims for
compensation under those provisions.
37. Sanction for sub-division of plot or layout of private
street.- (1) Every person who intends to sub-divide his land or his
plot or make or lay-out a private street on such land or plot on or
after the date of the publication of the draft plan in the Official
Gazette under section 23 shall submit the intended lay-out plan for
such purpose together with such particulars and such fees, as may
be determined by regulations or by Government orders, to the
Authority for sanction.
(2) The Authority may, within the period specified in the
regulations, sanction such plan either without modifications or
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subject to such modifications or conditions as it considers
expedient or may refuse to give sanction, if the Authority is of
opinion that such division or laying out of street is not in any way
consistent with the proposal of the plan.
(3) No compensation shall be payable for the refusal of a
sanction or for the imposition of modifications or conditions in the
sanction.
(4) If any person does any work in contravention of sub-
section (1), or in contravention of the modifications or conditions
given under sub-section (2), or inspite of refusal of sanction under
the said sub-section (2), the Authority may direct such person by
notice in writing to stop any work in progress and after making an
inquiry in the manner determined by regulations remove or pull
down any work or restore the land to its original condition.
38. Recovery of expenses incurred.- Any expenses
incurred by the Authority under sections 32,33,35,36 and 37 shall
be a sum due to the Authority under this Act from the person in
default or the owner of the land or plot and shall be recovered as
arrears of land revenue.
CHAPTER- VII
Projects and Schemes
39. Making and Contents of Projects and Schemes.- (1)
Subject to the provisions of this Act or any other law for the time
being in force, the Authority for the purpose of implementing the
proposals in any plan, may make such projects and schemes for the
integrated development of Jodhpur Region or any part thereof, as
may be considered necessary.
(2) A project or scheme may make provisions for all or any
of the following matters, namely: -
(i) any of the matters specified in sections 21 and 22 ;
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(ii) acquisition, development, reservation and sale or
leasing of land for purpose of public utilities such as
road, streets, open spaces, parks, gardens, re-
creation and playgrounds, hospitals, dispensaries,
educational institutions, green-belts, dairies,
housing development, development of markets,
shopping centres, commercial complexes, cultural
centres, administrative centres, transport facilities
and public purposes of all kinds;
(iii) acquisition, laying out or relaying out of land either
vacant or already built upon, re-building or re-locating
areas which have been badly laid out or which have
development or degenerated into a slum or kachhi
basti, the filling up or re-clamation of laying, swampy
or un-healthy areas or levelling up of land;
(iv) acquisition and development of areas for
commercial, industrial, transportation, agricultural
mandies and other similar purposes ;
(v) acquisition of land and its development for the
purpose of laying out or re-modelling of roads and
streets pattern, layout of new streets or roads,
construction, diversion, extension, alteration,
improvement and closing up of streets and roads
and discontinuance of communications ;
(vi) re-construction of plots for the purpose of buildings,
roads, drainage inclusive of sewerage, surface or
sub soil drainage, sewerage disposal and other similar
amenities ;
(vii) the construction, alteration and removal of
buildings, bridges and other structures ;
(viii) lighting and water supply ;
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(ix) the preservation of objects of historical or national
interest or natural beauty and of buildings actually
used for religious purposes ;
(x) the reservation of land in any scheme to such extent
as may be provided by regulations for the purpose
of providing housing accommodation to the members
of Scheduled Castes, Scheduled Tribes, backward
classes and weaker sections of the society ;
(xi) the imposition of conditions and restrictions in
regard to the open space to be maintained around
buildings, the percentage of building area for a plot,
the number, size, height and character of building
allowed in specified areas the purpose to which
buildings or specified areas may or may not be
appropriated, the sub-division of plots, the
discontinuance of objectionable uses of lands in any
area in specified periods, parking space and loading
and unloading space for any building and the sizes
or locations of projections advertisement signs and
hoardings ;
(xii) the suspension, so far as may be necessary, for the
proper carrying out of the schemes, of any rule,
bye-law, regulation, notification or order made or
issued any law for the time being in force which the
legislature of the State is competent to make:
Provided that any suspension under this clause shall
cease to operate in the event of the withdrawal of
the scheme or on the coming into force of the final
scheme;
(xiii) any other work of a nature such as would bring
about environmental improvements which may be
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taken up by the Authority and all such other matters
not inconsistent with the objects of this Act.
(3) The draft project or scheme shall contain the following
particulars, namely: -
(a) the area, ownership and tenure of each original plot ;
(b) the particulars of land allotted or reserved under
clause (ii) of sub-section (2) with a general
indications of the uses to which such land is to be
put and the terms and conditions subject to which
such land is to be put to such uses ;
(c) the extent to which it is proposed to alter the
boundaries of original plots ;
(d) the estimate of the net cost of the scheme to be
borne by the appropriate authority ;
(e) a full description of all the details of the scheme
under sub-section (2) as may be applicable ;
(f) the laying out or relaying out of land either vacant
or already built upon ;
(g) the filling up or reclamation of low laying, swampy
or unhealthy areas or levelling up of land ; and
(h) any other particulars as may be determined by
regulations.
40. Preparation of Projects and Schemes.- (1) The
Authority may, by resolution, declare its intention to prepare a
project or scheme as provided in section 39 in any development
area.
(2) Not later than thirty days from the date of such
declaration of intention to make such project or scheme, the
Authority shall publish the declaration in the Official Gazette and
in such other manner as may be determined by regulations.
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(3) Not later than two years from the date of publication of
the declaration under sub-section (2) the Authority shall prepare a
project or scheme in draft form and publish it in such form and
manner as may be determined by regulations together with a notice
inviting objections and suggestions from any person with respect
to the said draft project or scheme before such date as may be
specified therein, such date being not earlier than thirty days from
the date of publication of such notice.
(4) The Authority shall consider all the objections and
suggestions as may be received within the period specified in the
notice under sub-section (3) and shall after giving a reasonable
opportunity to such persons affected thereby as are desirous of
being heard, approve the draft project or scheme as published or
make such modifications, as it may deem fit.
(5) Immediately after a project or scheme is approved
under sub-section (4) with or without modifications, the Authority
shall publish in the Official Gazette and in such other manner as
may determined by regulations a final project or scheme and
specify the date on which it shall come into operation.
(6) Notwithstanding anything contained in the foregoing
sub-sections, the procedure as laid down therein shall not be
required to be followed in case the project or scheme is to be
carried out on any land vested in the Authority and no demolition
of any building or removal of persons living thereat is its
execution.
41. Restrictions on use and development of land after
declaration of a Scheme.- (1) On or after the date on which a draft
scheme is published under section 40, no person shall, within the
area included in the project or scheme, institute or change the use
of any land or building or carry out any development, unless such
person has applied for and obtained the necessary permission for
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doing so from the Authority in accordance with the regulations
made in this behalf :
Provided that it shall be lawful for any person to undertake
such development within the village abadi limits in accordance
with the permission granted by the local panchayat so far as such
permission is consistent with such draft scheme or schemes.
(2) The provisions of Chapter-VI shall be applicable
mutatis mutandis for the project or scheme approved under sub-
section (4) of section 40.
42. Lapse of Scheme.- If the Authority fails to implement
the project of scheme approved under sub-section (4) of section 40
within a period of five years from the date of publication thereof
under sub-section (5) of section 40, it shall, on the expiration of the
said period of five years, lapse.
43. Modification or withdrawal of project or Scheme.-
(1) The Authority after making such inquiry as it may deem fit,
may, if it is of the opinion that it is necessary or expedient so to do,
by notification published in the Official Gazette, declare that the
project or scheme approved under sub-section (4) of section 40, is
withdrawn and upon such declaration, no further proceedings, shall
be taken in regard to such project or scheme.
(2) If the Authority, after approval of any project or scheme
under sub-section (4) of section 40, at any time, considers it
necessary to make certain modifications therein, which in its
opinion do not effect material alteration in the character of the
project and scheme, may make suitable modifications.
44. Saving to any project or Scheme.- Notwithstanding
anything contained in any provision of this Act or in any plan
sanctioned under it, the Authority shall be at liberty to make and
carry out any project or scheme not covered by the said plan in the
opinion of the Authority, it is necessary to do so or expedient in
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public interest, and the said plan shall be deemed to be modified to
that extent.
CHAPTER- VIII
Acquisition and Disposal of Land
45. Power to purchase or lease by agreement.- The
Authority may enter into an agreement with any person for the
purchase, leasing or exchange by the Authority from such person,
or any land which the Authority is authorised to acquire or any
interest in such land.
46. Power to State Government to acquire land.- Where,
on any representation from the Authority, it appears to the State
Government that, in order to enable the Authority to perform any
of its functions or to discharge any of its duties or to exercise any
of its powers, or to carry out any of its projects or schemes or
development Programmes, it is necessary that any land in any part
of the Jodhpur Region should be acquired, the State Government
may acquire the land under and in accordance with the provisions
of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894).
47. Possession to be made available to the Authority.-
Where any land is taken in possession of the State Government
shall make that land available to the Authority for the purpose of
performing its functions, discharging its duties and exercising its
powers.
48. Land to vest in the Authority and its disposal.- (1)
Notwithstanding anything contained in the Rajasthan Land
Revenue Act, 1956(Rajasthan Act No. 15 of 1956), the land as
defined in section 103 of that Act, excluding land referred to in
sub-clause (ii) of clause (a) of the said section and nazul land
placed at the disposal of a local authority under section 102 A of
that Act in Jodhpur Region shall, immediately after establishment
of the Authority under section 3 of this Act, be deemed to have
146
been placed at the disposal of and vested in the Authority which
shall take over such land for and on behalf of the State
Government and may use the same for the purposes of this Act and
may dispose of the same by way of allotment, regularisation or
auction subject to such conditions and restrictions as the State
Government may, from time to time, lay down and in such manner,
as it may, from time to time, prescribe :
Provided that the Authority may dispose of any such land-
(a) without undertaking or carrying out any
development thereon; or
(b) after undertaking or carrying out such development
as it thinks fit, to such person, in such manner and
subject to such covenants and conditions, as it may
consider expedient to impose for securing
development according to plan.
(2) No development of any land shall be undertaken or
carried out except by or under the control and supervision of the
Authority.
(3) If any land vested in the Authority is required at any
time by the Municipal Corporation, Jodhpur for carrying out its
functions, or by the State Government for any other purpose, the
State Government may, by notification in the Official Gazette,
place such land at the disposal of the Municipal Corporation,
Jodhpur or any Department of the State Government on such terms
and conditions, as may be deemed fit.
(4) All land acquired by the Authority, or by the State
Government and transferred to the Authority, shall be disposed of
by the Authority in the same manner as may be prescribed for land
in sub-section (1).
49. Allotment, regularisation etc. of certain lands.- (1)
All lands which are deemed to have been placed at the disposal of
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the Authority under section 90-B of the Rajasthan Land Revenue
Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of
tenancy rights and interest of khatedars thereof, as the case may be,
shall be available for allotment, or regularisation, preferably to the
persons having possession over such land or part thereof, as the
case may be, on the basis of allotment made or Patta given to them
by the Housing Co-operative Society or on the basis of any other
document of transfer of land to them either by tenant or any other
person claiming through the tenant, whose tenancy rights have
been resumed or surrendered, under the said provision on such
terms and conditions and subject to payment to the Authority of
such charges of premium or both, as the case may be, and at such
rates of as may be prescribed by the State Government in this
behalf :
Provided that no allotment or regularisation of any land
shall be made which has been duly earmarked for public
utilities/services such as park, nursery, civil or military aviation,
bus stand, transport terminal, railways, public roads, highways,
footpath, sewage lines, water supply, electricity supply, telephone
lines, hospital, school, educational institution, university,
cremation ground, graveyard and such other purposes as the State
Government may specify by notification in the Official Gazette.
(2) The charges realised under sub-section (1) shall be
credited to the Consolidated Fund of the State and to the fund of
the Authority as may be determined by the State Government.
50. Transfer to be on free hold or lease hold basis.- (1)
Every transfer of land under section 48 or section 49 shall be either
on free hold basis or on lease hold basis.
(2) Any land sold, allotted, regularized or otherwise
transferred on lease hold basis may be converted in free hold basis
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subject to such terms and conditions, and on payment of such
conversion charges, as may be prescribed.
Explanation.- For the purposes of this section, "free hold"
means tenure in perpetuity with right of inheritance and alienation.
CHAPTER- IX
Finance, Budget and Accounts
51. Funds of the Authority.- (1) There shall be a fund for
the Authority to be called "The Jodhpur Region Development
Fund" (hereinafter referred to as "Fund"), to which shall be
credited all moneys received by the Authority, including: -
(a) such amount of contribution to be made by the
State Government yearly or in such instalments in
each year as it may determine in accordance with
the schemes included in the State Plan and under
appropriation duly made in this behalf, which
contribution shall be utilised by the Authority for
the development of Jodhpur Region;
(b) contribution to be made by the State Government
in the first instance of a sum equivalent to rupees
one crore toward a revolving fund to be
established by the Authority;
(c) such other moneys as may be paid to the Authority
by the State Government, Central Government or
any other authority or agency by way of grants,
loans, advances or otherwise;
(d) 50% share of the proceeds of tax recovered on
land and buildings situated within the Jodhpur
Region in accordance with the provisions of the
Rajasthan Lands and Buildings Tax Act, 1964
(Act No. 18 of 1964) ;
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(e) income derived from premium on second and
subsequent sale of vacant land ;
(f) income from levy on vacant land ;
(g) all fees, costs and charges received by the
Authority under this Act or any other law for the
time being in force ;
(h) all moneys received by the Authority from the
disposal of land, building and other property,
movable and immovable and other transactions,
including lease money, urban assessment,
development charges and other similar charges
recovered from plot holders;
(i) all moneys borrowed by the Authority including
loans to be raised from the financing institutions;
(j) all moneys received by the Authority by way of
rents and profits or in any other manner or from
any other source ; and
(k) all donations to be received by the Authority.
(2) The Authority may keep in current or deposit account
with any Scheduled Bank or any Co-operative or other Bank
approved by the State Government in this behalf, such sum of
money out of its Fund as may be determined by the Authority and
any money in excess of the said sum shall be invested in such
manner as may be determined by regulations.
(3) Such accounts shall be operated upon by the Jodhpur
Development Commissioner or by such other officer of the
Authority as may be authorised by it by regulations made in this
behalf.
52. Loans Fund.- (1) As a part of the Fund, the Authority
shall establish in distinct Bank accounts Loans Fund for the
150
purpose of (a) receiving all moneys borrowed by it including all
repayments of loan instalments together with payment of interest
made by the borrower on loans, (b) providing all moneys to be
made available by the Authority as loans or advances to local
authorities and other authorities or persons, (c) repayment of loans
raised by the Authority for the purposes of this Act, and (d)
expenditure on projects and schemes.
(2) All matters connected with the loans Fund shall be
governed by the regulations made in this behalf.
53. Reserve and other Funds.- (1) The Authority shall
make provisions for a reserve fund and may provide for other
specially denominated funds, as it deems fit.
(2) The management of the funds referred to in sub-section
(1) the sums to be transferred from time to time to the credit
thereof and the application of money comprised therein, shall be
determined by the Authority.
54. Application of Funds etc..- All property, funds and
other assets vesting in the Authority shall be held and applied by it
for the purposes and subject to the provisions of this Act.
55. Power of the Authority to borrow.- The Authority
may, with the previous approval of the State Government, borrow
any money for carrying out the purpose of this Act or for servicing
any loan obtained by it, at such rates and on such conditions as the
State Government may determine at the time money is borrowed.
56. Power of the Authority to finance project and
schemes and impose conditions therefor.- The Authority shall be
competent to give grants, advances or loans to, or to share
expenses with, any local authority or other authority in Jodhpur
Region, or any Government Department or any person, for any of
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the purposes of section 16 and notwithstanding anything contained
in any law for the time being in force, it shall be lawful for such
local authority, other authority, Government Department or any
person to accept such grants, advances or loans or share in the
expenses, subject to such terms and conditions as the Authority
may, from time to time, in consultation with such local authority,
other authority, Government Department or any person, as the case
may be, specify.
57. State guarantee to loans taken or given by the
Authority.- The State Government may guarantee repayment of
the principal of, and interest on, any loan raised or given by the
Authority or transferred to it, for the purposes of this Act, subject
to such conditions as the State Government may think fit to
impose.
58. Accounts and Audit.- (1) The Authority shall keep
accounts in such form and in such manner, as it may, by
regulations made in this behalf, determine.
(2) The Accounts of the Authority shall be subject to audit
by the Examiner, Local Fund Audit in accordance with the
provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No.
XXVIII of 1954).
(3) The Authority shall pay from the Fund such charges for
the audit, as may be prescribed.
59. Budget.- (1) The Director, Finance of the Authority
shall prepare, every year, in such form and at such time as may be
determined by regulations, an annual budget estimate in respect of
the financial year next ensuing, showing the estimated receipts and
disbursements of the Authority to the Jodhpur Development
Commissioner who shall after making such modifications as he
deems fit, submit it to the Authority for approval.
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(2) The Jodhpur Development Commissioner shall forward
to the State Government copies of the budget approved by the
Authority.
60. Annual Report.- The Authority shall prepare after the
end of each year (ending on the 31st day of March), a report of its
activities during the previous year and submit it to the State
Government before the 30th day of September. The State
Government shall cause to be laid on the table of the House of the
State Legislature such annual report including the statement of
accounts.
CHAPTER- X
Powers to Levy Certain Charges
61. Power to levy certain charges.- The Authority shall
levy at such rate and from such date as the State Government may
direct by notification in the Official Gazette, and in such manner as
may be prescribed by the State Government in his behalf, the
following charges, namely: -
(a) a premium on second or subsequent sale of vacant
land in Jodhpur Region ;
(b) an annual levy on vacant land in Jodhpur Region ; and
(c) conversion charges for conversion of the use of land
from residential purpose to commercial or any other
purpose.
Explanation.- The expression `Vacant land' used in this
Chapter shall mean all land allotted or sold by the State
Government, the Authority, or any local authority on lease hold
basis or land owned or held otherwise and on which no building
has been constructed or if any building has been constructed, the
covered area is less than 1/5th of the total area of the land.
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62. Urban assessment (ground rent) to be credited to the
fund of the Authority.- (1) The Authority shall recover the urban
assessment or ground rent from the plot holders on the land or plot
sold on lease hold basis by the State Government or the Authority
or any local authority at such rates, and in such manner as may be
prescribed.
(2) The urban assessment or ground rent recovered under
sub-section (1) shall be deposited in the Fund of the Authority.
63. Authority may charge a fee for certain licences or
permission.- When any license is granted by the Authority under
this Act or when any permission is given by it for any of the
purposes of this Act, the Authority may charge a fee for such
license or permission as may be determined by regulations.
CHAPTER- XI
Prosecutions, Suits and Powers of Police
64. Penalty for un-authorised obstruction.- Whoever: -
(i) obstructs the entry of any person empowered under
section 80 to enter into or upon any land or building
in any part of the Jodhpur Region for the purpose
mentioned in that section ; or
(ii) molests such persons as aforesaid after such entry ; or
(iii) resists, obstructs or molests any member or
employee of the Authority or any employee of the
Government in the exercise of any power conferred
on, or in the discharge of any duty imposed upon, or
in the performance of any function entrusted to, the
Authority or the Government or such member, or
employee of the Authority or any employee of the
Government ; or
(iv) obstructs or molests any person with whom the
Authority or the Government or an officer of the
Government, has entered into a contract or obstructs
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or molests a servant of the Authority, who may be
lawfully engaged in doing anything, in connection
with the discharge of the duties or performances of
the functions of the Authority or of the Government
or of an officer appointed by it under this Act ;
shall be punishable with fine which may extend to one thousand
rupees or with imprisonment for a term which may extend to six
months or with both.
65. Penalty for removing fence etc. set up for the
purpose of carrying out any work.- If any person without lawful
authority: -
(a) removes any fence, or any timber used for propping or
supporting any building, wall or other things, or
extinguishes any light set up at any place where the
surface of street or other ground has been opened or
broken up by the Authority for the purpose of carrying
out any work authorised under this Act, or
(b) removes any mark set up for the purpose of indicating
any level or direction necessary to the execution of any
work authorised under this Act, or
(c) infringes any order given or removes any bar, chain or
post fixed by the Authority for the purpose of closing
any street to traffic, during the course of execution of
any work under this Act,
shall be punishable with fine which may extend to one thousand
rupees.
66. Penalty for disobedience of requisition and
furnishing false information etc..- Whoever -
(a) wilfully or without any reasonable excuse, disobeys any
requisition or other lawful order or direction issued
under or in pursuance of any of the provisions of this
Act, or
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(b) being required under any of the provisions of this Act to
make any return or to furnish any information, makes a
false return or furnishes false information,
shall be punishable with fine which may extend to three thousand
rupees or with imprisonment for a term which may extend to three
months or with both.
67. Encroachment or obstruction upon public land.- (1)
Whoever makes any encroachment in any land or space not being
private property, whether such land or space belongs to or vests in
the Authority or not, except steps over drain in any public street
shall on conviction be punished with simple imprisonment which
shall not be less than one month but which may extend to two
years and with fine which may extend to twenty thousand rupees:
Provided that the court may for any adequate or special
reason to be mentioned in the judgment impose a sentence of
imprisonment for a term of less than one month.
(2) Whoever makes any obstruction in any land or space
not being private property, whether such land or space belongs to
or vests in the Authority or not, except steps over drain in any
public street shall on conviction be punished with simple
imprisonment which may extend to one month or with fine which
may extend to two thousand rupees or with both.
(3) The Authority or any officer authorised by it in this
behalf shall have power to remove any such obstruction or
encroachment and the expenses of such removal shall be paid by
the person who had caused the said obstruction or encroachment.
(4) Whoever not being duly authorised in that behalf
removes earth, sand or other material from any land or space as
aforesaid, shall be punished on conviction with imprisonment
which may extend to six months or with fine which may extend to
ten thousand rupees or with both.
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(5) Notwithstanding anything contained in the foregoing
provisions, the Authority or the officer authorised by it in this
behalf shall, in addition to the action taken as provided in this
section, also have power to seize or attach any property found on
the land or space referred to in this section or, as the case may be
attached to such land or space or permanently fastened to anything
attached to such land or space.
(6) Where any property is seized or attached by an officer
authorised by the Authority, he shall immediately make a report of
such seizure or attachment to the Authority.
(7) The Authority may make such orders as it thinks fit for
the proper custody of the property seized or attached, pending the
conclusion of confiscation proceedings, and if the property is
subject to speedy and natural decay, or it is otherwise expedient so
to do, the Authority may order it to be sold or otherwise disposed
of.
(8) Where any property is sold as aforesaid, the sale
proceeds thereof after deduction of the expenses of any such sale
or other incidental expenses relating thereto, shall -
(a) Where no order of confiscation is ultimately passed
by the Authority ; or
(b) Where an order passed in appeal so requires, be
paid to the owner thereof or the person from whom
it is seized.
(9) Where any property is seized or attached under sub-
section (5) the Authority may order confiscation of such property.
(10) No order for confiscating a property shall be made
under sub-section (9), unless the owner of such property or the
person from whom it is seized or attached is given,-
(a) a notice in writing, informing him of the grounds on
which it is proposed to confiscate the property;
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(b) an opportunity of making a representation in writing
within such reasonable time as may be specified in
the notice against the grounds of confiscation ; and
(c) a reasonable opportunity of being heard in the
matter.
(11) The order of any confiscation under this section shall
not prevent the infliction of any punishment to which the person
affected thereby is liable under this Act.
(12) Whenever any property is seized or attached pending
confiscation under this section , the Authority or the Tribunal
constituted under section 77 of this Act shall have, and
notwithstanding anything to the contrary contained in any other
law for the time being in force, any court, other tribunal or other
authority shall not have, jurisdiction to make orders with regard to
the possession, delivery, disposal, release or distribution of such
property.
(13) Where any person is prosecuted of an offence under
sub-section (1) or sub-section (2), the burden of proving that he has
not committed the offence shall be on him.
(14) Whoever, being an employee of the Authority,
specifically entrusted with the duty to stop or prevent the
encroachment or obstruction punishable under this section, wilfully
or knowingly neglects or deliberately omits to stop or prevent such
encroachment or obstruction, shall, on conviction, be punished
with simple imprisonment for a term which may extend to one
month or with fine which may extend to one thousand rupees or
with both :
Provided that no court shall take cognizance against such
employee for the offence punishable under this sub-section except
with the previous sanction of the Authority.
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(15) No investigation of an offence under this section shall
be made by an officer not below the rank of a Deputy
Superintendent of Police.
68. General provision for punishment of offences.- Whoever
contravenes any of the provisions of this Act or of any rule or
regulations made or does anything against any plan, project, or
scheme sanctioned thereunder shall, if no other penalty is provided
for such contravention be punishable -
(a) for the first offence, with fine which may extend to one
thousand rupees ; and
(b) for a second or any subsequent offence with fine which
shall not be less than two hundred fifty rupees and not
more than five thousand rupees.
69. Offence by companies.- (1) If the person committing
an offence under this Act is a company, every person, who at the
time the offence was committed was incharge of, and was
responsible to the company for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and
punished accordingly :
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1)
where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the
consent or connivance or, is attributable to any neglect on the part
of any Director, Manager, Secretary or other officer of the
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company, such Director, Manager, Secretary or other officer shall
be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section –
(a) "Company" means a body corporate and includes a
firm or other association of individuals, and
(b) "Director" in relation to a firm means a partner in
the firm.
70. Cognizance of offences.- No court shall take
cognizance of any offence punishable under this Act or any rule or
regulation or order made thereunder except upon a complaint in
writing of the facts constituting such offence made by the
Authority, or by a person expressly authorised in this behalf by the
Authority:
Provided that any person, whose right to enjoyment of his
own property is adversely affected by any un-authorised
development as indicated in sub-section (1) of section 31, may also
file a complaint in the like manner against such person or persons
who may have undertaken the said un-authorised development:
Provided further that the Authority shall also be given due
notice of such proceedings and if the Authority removes the cause
for action within a reasonable period, the proceedings in the Court
shall abate, without prejudice to any other action or proceedings
that the Authority has initiated or may initiate thereafter.
71. Fine when realised to be paid to the Authority.- All
fines realised in connection with prosecution under this Act shall
be paid to the Authority.
72. Power of the Authority as to legal matters.- The
Authority may,-
(a) institute, defend or withdraw from any legal
proceeding ;
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(b) compound any offence against this Act ; and
(c) admit, compromise or withdraw any claim made in any
legal proceeding or otherwise:
Provided that no withdrawal from prosecution for an
offence under this Act shall be made except with the permission of
the court.
73. Immunity to Authority.- No suit, prosecution or other
legal proceeding shall be maintainable against the Authority or any
person acting under the direction of the Authority or the Chairman,
member or any officer or servant of the Authority, Executive
Committee, other committees, any Functional Board or any body
thereof in respect of anything lawfully and in good faith and with
due care and attention done under this Act.
74. Notice of suit against Authority.- (1) No suit shall be
instituted against the Authority or any member thereof or any of its
officers or other employees or any person acting under the
directions of the Authority or any member or any officer or other
employee of the Executive Committee, any Functional Board,
Tribunal, any Committee or any body thereof, in respect of any act
done or purporting to have been done in pursuance of this Act or
any order, rule or regulation made thereunder till the expiration of
two months from the date on which notice in writing has been left
at the office or place of abode of the persons to be sued and unless
such notice states explicitly the cause of action, the nature of relief
sought, the amount of compensation claimed and the name and
place of residence of the intending plaintiff and unless the plaint
contains a statement that such notice has been left or delivered.
(2) No suit such as is described in sub-section (1) shall,
unless it is a suit for recovery of immovable property or for a
declaration of title thereto, be instituted after the expiry of one year
from the date on which the cause of action arises.
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(3) Nothing contained in sub-section (1) shall be deemed to
apply to a suit in which the only relief claimed in an in junction of
which the object would be defeated by giving of the notice or the
postponement of the institution of the suit.
75. Mode of proof of record.- A copy of any receipt,
application, plan, notice, order, entry in a register of other
document in the possession of the Authority shall, if duly certified
by the legal keeper thereof, or the Jodhpur Development
Commissioner or any person authorised by him in this behalf, be
received as prima facie evidence of the entry or document and
shall be admitted as evidence of the matters and transaction therein
recorded in every case where, and to the same extent as, the
original entry or document would, if produced, have been
admissible to prove such matter.
76. Restriction on the summoning of servants of
Authority to produce documents.- No member or officer or
servant of the Authority shall in any legal proceeding to which the
Authority is not a party be required to produce any register or
document the contents to which can be proved under the preceding
section by a certified copy, or to appear as a witness to prove the
matter and transaction recorded therein unless by order of the court
made for special cause.
CHAPTER - XII
Miscellaneous
77. Constitution of Tribunal.- (1)The State Government
shall, by notification in the Official Gazette, constitute a Tribunal
for the purposes of this Act.
(2) The Tribunal shall consist of one person who shall be
an officer of the State Government and shall be paid such salary
and allowances as may be determined by the State Government.
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(3) The State Government may, to assist the Tribunal,
direct the Authority to appoint such number of servants and of
such cadre as may be deemed necessary.
(4) The expenses of the Tribunal shall be borne by the
Authority.
(5) The procedure to be followed by the Tribunal in
deciding the appeals or disputes referred to it under this Act shall
be such as may be prescribed.
(6) The Tribunal shall have the same powers as are vested
in a civil court under the Code of Civil Procedure, 1908 (Central
Act No. V of 1908) in respect of hearing and deciding of an appeal
or any dispute referred to it.
(7) Except as otherwise provided, any dispute arising out of
any provision of this Act may be referred to the Tribunal by the
Authority. The decision of the Tribunal shall be final and binding
on all the parties thereto.
(8) Except as otherwise provided-
(a) any person aggrieved by an order or notice of the
Authority may file an appeal in the Tribunal within
thirty days of the communication of such order or
notice to him; and
(b) any person aggrieved by any threatened act or
injury from the Authority affecting his rights may
refer the dispute to the Tribunal within thirty days
of the communication or knowledge of such
threatened act or injury;
and the decision of the Tribunal shall be final.
78. Constitution of Settlement Committee.- (1) The State
Government may, by notification in the Official Gazette, constitute
a Settlement Committee consisting of a Chairman and such other
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members, as it may deem fit, to resolve the disputes between the
Authority and other persons; and such Committee shall undertake
to resolve the dispute whenever so requested by the concerned
person.
(2) The Settlement Committee shall have such powers and
follow such procedure as may be prescribed by the State
Government.
(3) Any Committee already constituted for this purpose
shall be deemed to have been constituted under this Act.
(4) The decision given by such Committee shall be binding
on the Authority.
79. Recovery of moneys due to the Authority as arrears
of land revenue.- Where any sum (not being rent payable in
respect of any premises of the Authority) payable to the Authority,
whether under any agreement, express or implied or otherwise,
howsoever, is not paid on or before the due date-
(a) and the claim is not disputed, the Jodhpur Development
Commissioner or any officer authorised by him in this
behalf shall send to the Collector a certificate under his
hand indicating therein the sum which is due to the
Authority or is claimed by the Authority, as the case
may be, and thereupon, the Collector shall recover the
sum due to be claimed as arrears of land revenue;
(b) and the claim is disputed, it shall be referred to the
Tribunal which shall, after making such inquiry as it
thinks fit and after giving to the person by whom the
sum is alleged to be payable a reasonable
opportunity of being heard, decide the question; and
communicate forthwith its decision to the Authority.
Any person aggrieved by the decision of the Tribunal
may, within thirty days from the date of such decision,
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appeal to the Board of Revenue. The decision of the
Board of Revenue shall be final and shall not be called
in question in any Court. Thereupon the Collector shall
recover the sum determined to be due as arrears of land
revenue.
80. Power of entry.- (1) The Chairman and members of
Authority, the Executive Committee, any other Committee, any
Functional Board or any body thereof, the Jodhpur Development
Commissioner and officers and servants of the Authority
authorized by him in this behalf with or without assistants or
workmen, enter into or upon any land or building for the purposes
of -
(a) making any enquiry, inspection, measurement or
survey or taking levels of such land or building;
(b) examining works under construction and
ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of works;
(e) making such lines, boundaries and lines by placing
mark; and cutting trenches;
(f) ascertaining whether any land is being or has been
developed in contravention of any plan or without
the permission or in contravention of any condition
subject to which such permission has been granted
under this Act; or
(g) doing any other thing necessary for the efficient
administration of this Act:
Provided that -
(i) no such entry shall be made except between the
hours of sunrise and sunset and without giving
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reasonable notice at least of twenty-four hours to
the occupier, or if there be no occupier, to the
owner of the land or building;
(ii) sufficient notice shall in every instance be given,
even when any premises may otherwise be entered
without notice, to enable the inmates of any
apartment appropriated to females to remove to
some part of the premises where their privacy need
not be disturbed; and
(iii) due regard shall always be had, so far as may be
compatible with the exigencies of the purposes for
which the entry is made, to the social and religious
usages of the occupants of the premises entered.
(2) It shall be lawful for any person authorised under sub-
section (1) to make an entry for the purpose of inspection or search
to open or cause to be opened a door, gate or other barrier -
(a) if he considers the opening thereof necessary for the
purpose of such entry, inspection or search, and
(b) if the owner or occupier is absent or, being present,
refuses to open such door, gate or barrier.
81. Service of notice under this Act.- (1) All documents
which expression shall include, notice and orders required by this
Act or any rule or regulation made thereunder to be served upon
any person, shall, save as otherwise provided in this Act, or rule or
regulation made thereunder, be deemed to be duly served-
(a) where such document is to be served on a
department, local authority, railway, company,
society or any other body of person whether
incorporated or not, if the document is addressed to
the head of the department, General Manager of the
Railway, Secretary or principal officer of the local
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authority, company, society or any such other body at
its principal, branch, local or registered office, as the
case may be, and is either –
(i) sent by registered post to such office; or
(ii) delivered at such office; or
(b) where the person to be served is a partner in a firm, if
the document is addressed to the partnership firm at
its principal place of business, identifying it by the
name or style under which its business is carried on
and is either-
(i) sent by registered post; or
(ii) delivered at the said place of business; or
(c) in any other case, if such document is addressed to the
person to be served and –
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on
some conspicuous part of his last known place of
residence or business, or is given or tendered to
some adult member of his family or is affixed on
some conspicuous part of the land or building to
which it relates, or
(iii) is sent by registered post of the person.
(2) Any document which is required or authorised to be
served on the owner or occupier of any land or building may be
addressed "the owner" or "the occupier" as the case may be, of
that land or building (naming or describing that land or building),
without further name or description and shall be deemed to be duly
served –
(a) if the document so addressed is sent or delivered in
accordance with clause (c) of sub-section (1), or
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(b) if the document so addressed or a copy thereof so
addressed is delivered to some person on the land or
building.
(3) Where a document is served on a partnership firm in
accordance with this section, the document shall be deemed to be
served on each partner.
(4) For the purpose of enabling any document to be served
on the owner of any property, the Jodhpur Development
Commissioner or any other officer authorised by him in this
behalf, may, by notice in writing, require the occupier, if any, of
the property to state the name and address of the owner thereof.
(5) Where an attempt to serve a document on any person in
the manner indicated in the foregoing provisions of this section has
failed it shall be deemed to be an effective service of the document
on such person if the notice of the document to be served is
published in some prominent daily local Hindi newspaper.
82. Officers and other employees of the Authority to be
pubic servants.– Every officer and other employees of the
Authority and every member of the Authority, Executive
Committee, other committees. Functional Board and other bodies
constituted under this Act, shall be deemed to be a public servant
within the meaning of section 21 of the Indian Penal Code, 1860
(Central Act No. XLV of 1860).
83. Lump sum contribution by the Authority in lieu of
taxes levied by local authorities.- (1) Subject to rules if any, that
may be made under this Act, and regard being had to the fact that
the Authority itself provides in the areas within the jurisdiction of
any local authority all or any of the amenities which the local
authority provides, then the Authority shall not be liable to pay the
taxes including property taxes, if any, but it shall be lawful for the
local authority to arrive at an agreement with the Authority, with
the prior sanction of the State Government, to receive a lump sum
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contribution from the Authority in lieu of all or any of the taxes
levied or services rendered by the local authority.
(2) Where no such agreement as is referred to in sub-
section (1) can be reached, the matter may be referred to the State
Government and the State Government may, after giving to the
local authority and the Authority a reasonable opportunity of being
heard, decide the amount of such contribution. The decision of the
State Government shall be binding on both parties.
84. Deduction from salary or wages to meet claims of
the Authority in certain cases.- (1) Any person dealing with the
Authority may execute an agreement in favour of such Authority
providing that his employer shall be competent to deduct from the
salary or wages payable to him by the employer, such amount as
may be specified in the agreement, and to pay to the Authority the
amount so deducted in satisfaction of any debt or demand of the
Authority against such person. Such an agreement shall be
accompanied with a consent in writing of the employer.
(2) On the execution of such agreement, the employer shall,
if so required by the authority, by requisition in writing and so long
as the Authority does not intimate that the whole of such debt or
demand has been paid, make the deduction in accordance with the
agreement, and pay the amount so deducted to the Authority as if it
were a part of the salary or wages payable by the employer as
required under the Payment of Wages Act, 1936 (Central Act No.
4 of 1936) on the day on which the employer makes payment.
(3) If, after the receipt of a requisition made under the
foregoing sub-section, the employer at any time fails to deduct the
amount specified in the requisition from the salary or wages
payable to such person or makes a default in remitting the amount
deducted to the Authority, the employer shall be personally liable
for the payment thereof, and the amount shall be recoverable on
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behalf of the Authority, from the employer as an arrear of land
revenue.
85. Control by State Government.- (1) The Authority
shall exercise its powers and perform its duties under this Act in
accordance with the policy framed and the guide-lines laid down,
from time to time by the State Government for development of the
areas in the Jodhpur Region.
(2) The Authority shall be bound to comply with such
directions which may be issued, from time to time, by the State
Government for efficient administration of this Act.
(3) If, in connection with the exercise of the powers and the
performance of the duties of the Authority under this Act, any
dispute, arises between the Authority and the State Government,
the matter shall be decided by the State Government and its
decision shall be final.
86. Power to transfer.– Any officer or employee of the
Authority may, in accordance with the rules made under section
91, be transferred by the State Government to the Rajasthan
Housing Board or any Urban Improvement Trust or any
Municipality on post carrying pay scale not lower than the pay
scale of the officer or employee to be transferred :
Provided that lien of the officer or employee so transferred
shall remain in the Authority and he shall be considered for further
promotion whenever a consideration for promotion to the higher
post in his cadre is made in the Authority.
87. Power of Authority to call for returns, reports etc..-
The Authority shall have power to call for any return, statement of
accounts, reports, statistics or other information from and local
authority or other authority in the Jodhpur Region, or from any
person which is required by it in the exercise of its powers and the
performance of its duties under this Act or under any other law for
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the time being in force, and such authority or person shall be
bound to furnish such information.
88. Act to override other laws.- The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
in any other law for the time being in force.
89. Delegation of Powers .-(1) The State Government
may, by notification in the Official Gazette, delegate to any officer
subordinate to it all or any powers conferred on it by or under this
Act, other than the power to make rules.
(2) The Authority may, by a resolution, delegate any of its
powers and functions exercisable by it under this Act or
regulations thereunder except the power to prepare any Master
Development Plan, Zonal Development Plan or make regulations
to any officer of the Government, any local authority or other
authority or body functioning in Jodhpur Region or the executive
Committee, or any functional Board or Jodhpur Development
Commissioner or any officer subordinate to it, subject to such
conditions and restrictions as may be specified in the resolution:
Provided that the delegation of powers and functions under
this sub-section to any officer of the Government, local authority
or other authority or body shall be made with the consent of the
State Government or local authority or other authority or body, as
the case may be.
90. Local Authorities to continue to perform duties.- (1)
Notwithstanding anything contained in this Act, all local
authorities in Jodhpur Region shall, continue to exercise their
powers, perform their functions and discharge their duties which
may not be inconsistent with any plan, project or scheme of the
Authority.
(2) In the event of failure on the part of any local authority
to carry out any plan, scheme, project or any direction given under
this Act, the Authority, if it deems fit, for the development of
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Jodhpur Region, with the sanction of the State Government and by
an order published in the Official Gazette, may assume any of the
powers, functions and duties performed by any local authority
from such date as may be specified in the order and in that case,
such local authority shall, notwithstanding anything contained in
any other law for the time being in force, cease to exercise such
powers, functions and duties from the said date.
91. Power to make rules.– (1) The State Government may
from time to time make rules for the purpose of carrying out
generally the provisions of this Act and regulating any particular
matter thereunder which requires to be prescribed or in respect of
which rules are required to be or may be, made.
(2) All rules made by the State Government under this Act
shall be published in the Official Gazette.
(3) All rules made under this Act shall be laid, as soon as
may be after these are so made, before the House of the State Level
Legislature, while it is in session for a total period of thirty days
which may be comprised in one session or in two successive
sessions, and if before the expiry of the session in which they are
so laid, or of the session immediately following, the House of the
State Legislature makes any modifications in any of such rules, or
resolves that any such rule should not be made, such rules, shall
thereafter have effect only in such modified form or be of no
effect, as the case may be, so however that any such modification
or annulment shall be without prejudice to the validity of anything
previously done thereunder.
92. Power to make regulations.– (1) The Authority may,
from time to time, make regulations for all or any of the matters to
be provided under this Act by regulations and generally for all
other matters for which provision is, in the opinion of the
Authority, necessary for the exercise of its powers and the
discharge of its functions and duties under this Act.
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(2) No regulation made by the Authority under sub-section
(1) shall take effect unless it is published in the Official Gazette.
(3) The State Government may, at any time by notification
in the Official Gazette, repeal wholly or in part or modify any
regulation made by the Authority provided that, before taking any
action under this sub-section, the State Government shall
communicate to the Authority the grounds on which it proposes to
do so, fix a reasonable period for the Authority to show cause
against the proposal and consider the explanation and objections, if
any, of the Authority.
(4) The repeal or modification of any regulation shall take
effect from the date of publication of the notification in the Official
Gazette, if no date is therein specified, and shall not affect
anything done or omitted or suffered before such date.
93. Power to remove difficulties .– If any difficulty arises
in giving effect to the provisions of this Act, the State Government
may, as occasion requires, but not later than two years from the
date on which the Authority is established, by order, do anything,
not inconsistent with the objects and purposes of this Act, which
appears to it to be necessary or expedient for the purposes of
removing the difficulty.
94. Dissolution of the Authority .– (1) Where the State
Government is satisfied that the purpose for which the Authority
was established under this Act have been substantially achieved so
as to render the continued existence of the Authority in the opinion
of the State Government unnecessary, the Government may, by
notification in the Official Gazette, declare that the Authority shall
be dissolved with effect from such date as may be specified in the
notification; and the Authority shall be deemed to be dissolved
accordingly.
(2) From the said date -
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(a) all assets, properties, funds and dues which are
vested in, or realisable by the Authority shall vest
in, or be realisable by the State Government ;
(b) all land vesting in, belonging to or placed at the
disposal of the Authority shall revert to the State
Government ;
(c) all liabilities which are enforceable against the
Authority shall be enforceable against the State
Government ; and
(d) for the purpose of carrying out any development
which has not been fully carried out by the
Authority and for the purpose of realising assets,
properties, funds and dues referred to in clause (a)
the functions of the Authority shall be discharged
by the State Government.
95. Bar of jurisdiction of civil court.- (1) Save as
otherwise provided in this Act, no civil court shall take cognizance
of any matter which is required to be or may be decided by the
Authority, Executive Committee, Jodhpur Development
Commissioner, Functional Board, any body thereof, the Tribunal
or the State Government, under this Act.
(2) Save as otherwise expressly provided in this Act, an
order passed or a direction given by the State Government to the
Authority or an order passed or notice issued by the Authority
under this Act shall be final and shall not be questioned in any suit
or other legal proceeding.
96. Dissolution of the Urban Improvement Trust,
Jodhpur and savings.-(1) Notwithstanding anything contained in
the Rajasthan Urban Improvement Act, 1959 (Act No.35 of 1959),
hereinafter referred to as the "said Act" and the rules, regulations
and bye-laws made thereunder, as from the date of the constitution
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of the Authority for the Jodhpur Region under this Act, hereinafter
referred to as such constitution: -
(a) the urban area of Jodhpur shall cease to vest in the
Urban Improvement Trust, Jodhpur (hereinafter
referred to as the Trust ), and the Trust shall cease
to exercise jurisdiction or the function in that area ;
(b) the Trust functioning in the area covered by the
urban area of Jodhpur, immediately before such
constitution, shall stand dissolved ;
(c) all land, buildings and other immovable properties
(together with all interest of whatever nature and
kind therein) situated in urban area of Jodhpur and
vested in the Trust for the purpose of carrying out or
undertaking development or improvement in such
area, immediately before such constitution, shall
pass on to and vest in the Authority so constituted ;
(d) all stores, articles or other movable properties
belonging to the Trust held by it for the purpose of
carrying out or undertaking development or
improvement in such area, immediately before such
constitution, shall pass on to and vest in the
Authority so established ;
(e) all assessments, valuations, measurements or
divisions made by the Trust immediately before
such constitution in or in connection with such area,
shall, in so far as they are not inconsistent with the
provisions of this Act, continue and be deemed to
have been made under the provisions of this Act,
unless and until they are superseded by the any
assessment, valuation, measurement or division
made by the Authority ;
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(f) all plans, schemes for the development or
improvement of any area declared as the urban area
of Jodhpur and prepared under the said Act, shall in
so far as they are not inconsistent with the
provisions of this Act, be deemed to have been
prepared under this Act and any such plan or
scheme which was in force immediately before the
commencement of this Act, shall continue to be in
force so long it is not otherwise dealt with under
this Act ;
(g) all records and papers belonging to the Trust and
relating to the development or improvement of such
area, including the plans and schemes and papers
relating thereto, as are referred to in clause(f) shall
vest in and stand transferred to the Authority ;
(h) every officer or servant serving under the Trust
immediately before such constitution shall, on or
from such constitution, be deemed to have been
transferred temporarily for a period of six months to
the Authority within which period until otherwise
extended by it, the Authority shall, after their
screening in such manner as may be determined by
regulations, absorb them in the service of the
Authority on such posts and with such designations,
as the Authority may determine. The Officer and
servants so absorbed in the service of the Authority
may hold office by the same tenure, at the same
remuneration and on the same terms and conditions
of service as they would have held if the Authority
had not been constituted, and shall continue to so
hold unless and until such tenure, remuneration and
terms and conditions are duly altered by the
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Authority. Such of the officers and servants who are
not absorbed by the Authority under its service shall
be deemed to be surplus officers and servants of the
Trust and shall be absorbed by the State
Government in the service of any local authority or
other authority as the State Government may deem
fit, on such posts, with such designations on such
salary and allowances and on such terms and
conditions of service, as may be prescribed but they
shall not be absorbed on posts on terms, which are
less advantageous to them in the matter of salary
and allowances :
Provided that :-
(i) any service rendered by any officer or servant
so absorbed before such constitution shall be
deemed to be service rendered under the
Authority ; and
(ii) the surplus officers and servants not so
absorbed shall be continued in the service of the
Authority and their salary and allowances shall
be paid out of the Funds of the Authority until
they are absorbed by the State Government, as
aforesaid ;
(i) anything done or any action taken including any
appointment, delegation, order, scheme, rule, bye-
laws, regulation or form made or notification issued
or permission granted under the said Act so far as it
is not inconsistent with the provisions of this Act
continue in force and be deemed to have been done
or taken under the provisions of this Act unless and
until it is superseded by anything done or any action
taken under the said provisions ;
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(j) all debts, obligations and liabilities incurred, all
contracts entered into, all allotments and transfers
of land made and all matters and things engaged to
be done in or as respects the area covered by the
urban area of Jodhpur, by, with or for the Trust for
such area shall, immediately before such
constitution be deemed to have been incurred,
entered into, made or engaged to be done by, with
or for the Authority ;
(k) notwithstanding anything contained in this Act, the
validity of any declaration of application,
publication, notification, appointment, order,
allotment of land, proposal, award, proceeding,
consultation, inquiry, certification, compromise,
sanction, agreement, notice, approval, decision,
dispute, withdrawal of any legal proceeding, final
scheme or act made, held, issued entered into,
given, taken, decided, drawn up, or done, before
such constitution, by or on behalf of the Trust, shall
be deemed as if they were made, held, issued,
entered into, given, taken decided, drawn up or
done under this Act by or on behalf of the
Authority ;
(l) all compromises, defence or withdrawals, made in
or from any legal proceeding, any offence
compounded or any claim admitted, by or on behalf
of the trust before such Constitution shall be
deemed to have made by or on behalf of the
Authority and may be enforced by or against the
Authority as effectively as they could be enforced
by or against the Trust before such constitution ;
(m) all suits, prosecutions and other legal proceedings
instituted by, for, or against the Trust may be
178
continued or instituted by, for, or against the
Authority ;
(n) all properties movable and immovable and all
rights, title and interest in any property vested in the
Trust shall vest in the Authority and all such
properties in possession of the Trust shall be
deemed to be in possession of the Authority ;
(o) all rents, fees and other sums of money due to the
Trust shall be-deemed to be due to the Authority,
and
(p) all sums or charges which the Trust was,
immediately before such constitution, entitled to
levy, assess and recover for or in respect of
development or improvement of any land in the
urban area of Jodhpur, may continue to be levied,
assessed and recovered by the Authority under the
corresponding provisions of this Act.
(2) Where any acquisition proceeding have been started
under the provisions of the Rajasthan Urban Improvement Act,
1959 (Act No. 35 of 1959) or the Rajasthan Land Acquisition Act,
1953 (Act No. 24 of 1953) or under any other law for the time
being in force for any of the purpose of the Trust, shall be
continued and completed under and in accordance with the
provisions of such laws as aforesaid.
97. Repeal and savings.– (1) The Jodhpur Development
Authority Ordinance, 2008 (Ordinance No. 5 of 2008) is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the Jodhpur Development Authority Ordinance,
2008 (Ordinance No. 5 of 2008) shall be deemed to have been
done or taken under this Act.
179
SCHEDULE-I
LIST OF CITY, TOWNS AND VILLAGES FALLING IN
JODHPUR REGION
A. City
1. Jodhpur City
B. Town
2. Mandor
3. Pal
4. Jhalamand
5. Baga (Sursagar)
6. Koori Bhagatasani
7. Salawas
8. Sangaria
C. Villages Tehsil-Jodhpur
9. Akthali
10. Alakhadhara
11. Anganwa
12. Asaranada
13. Badliya
14. Bala Kua
15. Bambor Darjiyan
16. Bambor Purohitan
17. Banar
18. Baniyawas
19 Banwarla
20. Barli
21. Basni Bagela
22. Basni Beda
23. Basni Jhoontha
24. Basni Karwar
25. Basni Lachhan
26. Basni Nikooba
27. Basni Sepha
28. Basni Silawata
29. Beota
180
30. Beroo
31. Bhagtasani
32. Bhagtasani Khalsa
33. Bhakrasni
34. Bhandoo Kalan
35. Bhandoo Khurd
36. Bhirkali
37. Bidasani
38. Birami
39. Birdawas
40. Bisalpur
41. Boojawar
42. Boranada
43. Borawas
44. Chanwa
45. Charan Basni
46. Choukha with chak & Bandh Ummed Sagar
47. Chawanda
48. Cheecharli
49. Chhali (Chali)
50. Daijar
51. Daikara
52. Dangiyawas
53. Dantiwara
54. Deoliya
55. Desooriya Kharol (Desooriya Khorala)
56. Desooriya Vishnoiyan
57. Dhandhiya (Dhodhiyan)
58. Dhawa
59. Dhigana
60. Doli
61. Doli-ka-Kani
62. Doliya (Roliya)
63. Feench (Keench)
64. Gangana
65. Gelawas
181
66. Ghantiyala
67. Gharao
68. Golasani
69. Goliya
70. Goojarwas Kalan
71. Goojarwas Khurd
72. Gurha Vishanoiyan
73. Hingola
74. Indroka
75. Jajiwal Bhandariya
76. Jajiwal Bhatiya (Jajiwal Bhatinda)
77. Jajiwal Brahman
78. Jajiwal Dhadhla
79. Jajiwal Gehlota
80. Jajiwal Kalan
81. Jajiwal Kankrala
82. Jajiwal Khichiya
83. Jajiwal Kutri
84. Jaleli Champawatan
85. Jaleli Daikara
86. Jaleli Faujdaran
87. Janadesar
88. Jatiyasani
89. Jatiyawas
90. Jhalamand
91. Jhanwar
92. Jheepasani
93. Jogiyasani
94. Joliyali
95. Kankani
96. Kakelao
97. Kalijal
98. Kanawas-ka-Pana
99. Karani
100. Karwar
101. Katara
182
102. Keroo
103. Kharabera Bheemitan
104. Kharabera Purohitan
105. Kharda Bhandoo
106. Kharda Randheer
107. Khatawas
108. Khatiyasani
109. Khejarli Kalan
110. Khejarli Khurd
111. Khokhari
112. Khokharia
113. Khudala
114. Kukanda
115. Lenga-ki-Dhani
116. Loonawas Charana
117. Loonawas Kalan
118. Loonawas Khara
119. Loonawas Khurd
120. Lordi Daijagra
121. Lordi Doliyas
122. Lordi Panditji
123. Magera Kalan
124. Magera Khurd
125. Manai
126. Manaklao
127. Meglasiya
128. Miyasani
129. Modathali
130. Modi Joshiyan
131. Modi Soothra
132. Moklawas
133. Mortuka
134. Nandra Kalan
135. Nandra Khurd
136. Nandri
137. Nandwana
183
138. Narnadi
139. Narwa Khichiyan
140. Nimbla
141. Palasni
142. Palri Khichiyan
143. Palri Mangaliya
144. Palri Panwaran
145. Peethasni
146. Peethawas
147. Pesawas (Peshawas)
148. Phitkasni
149. Popawas
150. Rabariya
151. Rajpuriya
152. Rajwa
153. Ralawas
154. Raseeda
155. Rendari
156. Roheecha Kalan
157. Roheecha Khurd
158. Roodkali
159. Royala Bhandoo
160. Royala Kalan
161. Royala Khurd & Phalasiya
162. Sajara (Sagara)
163. Salori
164. Salwan Kalan
165. Sangariya (Sagariya)
166. Sangasni
167. Sar
168. Sarecha
169. Satlana
170. Sikarpura
171. Singasni
172. Sinli (Seengli)
173. Sirodi
184
174. Sooraj Basni
175. Soorpura
176. Subdand
177. Tanawara
178. Thabukra
179. Uchiyarda
180. Vishawas (Pishawas)
Tehsil Osian
181. Balkha
182. Bara kotecha
183. Bari
184. Basni Patan
185. Baori
186. Beej Bariya
187. Bhainsere Chawandiyali
188. Bhainser Kootri
189. Bhainser Kotwali
190. Bhat Koriya
191. Bhawad
192. Birai
193. Borvi Kalan
194. Borvi Khurd
195. Bucheti
196. Changawara Charan
197. Changawara Kalan
198. Changawara Khurd
199. Chaupasani Charna
200. Doli Nerwa
201. Gangani
202. Jointara
203. Jur
204. Kasti
205. Khari Khurd
206. Kotra
207. Lawera
185
208. Lunavasiya
209. Mailana
210. Malunga
211. Mathaniya
212. Nawa Nagariya
213. Nerwa Charnan
214. Netra
215. Rajasani
216. Rampuriya Bhatiya
217. Santora Kalan
218. Santora Khurd
219. Sanwat Kua Kalan
220. Sanwat Kua Khurd
221. Sevki Kalan
222. Sevki Khurd
223. Surpura Kalan
224. Tinwari
225. Ujaliya
226. Ummed Nagar
Tehsil Shergarh
227. Agolai
228. Basni Manna
229. Basarli
230. Bhatelai Charnan
231. Bhatelai Purohitan
232. Dugar
233. Surani
234. Tolesar Charnan
235. Tolesar Purohitan
31 (10)__ Tae rata, Aree 15,2010 am 4 (&)
LAW (LEGISLATIVE DRAFTING) DEPARTMENT—
(GROUP-II)
NOTIFICATION
; Jaipur, September 15, 2010
_ No. BF. 2 (26) Vidni/2/2C10.~In pursuance of Clause (3) of
Axticle 348 ofthe Constitution of India, the Governoris pleasedto =
_ authorise the publicationin the Rajasthan Gazette of the following
- : translation in the English language of the Jodhpur Vikas
Pradhikaran(Sanshodhan) ean, 2010 (2010 KaAdhiniyam
/ Sankhyank 17):-
(Authorised English Translation)
THE JODHPUR DEVELOPMENT AUTHORITY
~~ (AMENDMENT) ACT, 2010
(Act No. 17 of 2010)
[Received the assent of the Governor on the 13" day of
. September, 2010]
An
. Act
to amend the Jodhpur Development Authority Act, 2009.
Be it enacted by the Rajasthan State Legislature in the
Sixty-first Year of the Republic of India, as follows:—
1. Short title and commencement.(1) This Act may be
called the Jodhpur Development Authority (Amendment) Act, 2010.
(2) It shall come into force on the date of its publication in
the Official Gazette.
ae me eons of section 31, Rajasthan Act so. 2 of
mann
; 2009 (Act No. 2 of 2009), hereinafter referred to as the neitcipal
Act,—
(a) in sub-section (1),— _
(i) for the existing expression "with fine which may
extend to five thousand rupees", the expression
"with simple imprisonment which shall not be
16
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- less than fifteen days but. whichmay-extend to
. forty five days or: with fine which shall.not be...
less than twenty five thousand rupees” shall be
(ii) for the existing expression "one“hundred”» the
expression "five hundred" shall be substituted;
and
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(iii) for the existingpaicatlon.ak m, appearing
at theend,the punctuation mark°:" shall be
substituted;
a
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following new proviso shall be added, namely:—
_ “Provided that the court may for any adequate
and special reasons to be mentioned in the judgment
impose a sentence of imprisonment for a term ofless
than fifteen days."; .
(c) in sub-section (2),—
(i) for the existing expression "with fine which may
extend to two thousand rupees", the expression
4 "with simple imprisonment which shall not be less
a than fifteen days but which may extend to forty
7 five days or with fine which shall not be less than
i4 five thousand rupees" shall be substituted;
if (ii) for the existing expression "five hundred", the
expression "one thousand" shall be substituted; and
(iii) for the existing punctuation mark ".", appearing at
the end, the punctuation mark ":" shall be
substituted ; and
i (d) after existing sub-section (2), so. amended, the
i following new proviso shall be added, namely:—
q - "Provided that the court may for any adequate
4 and special reasons to be mentioned in the judgment
i impose a sentence of imprisonment for a term of less
: than fifteen days.".
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31 (12) WSR WHT, AUTAR 15, 2010 ant 4 (&)
.. Be Amendment of section 32,Rajasthan Act No. 2 of
2009.-In section 32 ofthe principal Act,-
-..(a) in sub-section (7),-
(i) for the existing expression "with fine which
expression "with simple imprisonment which
shall not be less than: fifteen days but which
oe : may extend. to forty five days or with fine
cD which shall not ba less than twenty five
: thousandrupees" shall be substituted;
mel (ii) for the existing expression "five hundred", the
a ae expression "twenty five thousartd” shall be
. ‘ substituted; and TT
(iii) for the existing punctuation mark ".",appearing
at the end, the. punctuationmark osshall be
substituted; and
(b) after existing sub-section (7), SOamended, the
following new proviso shall be added, namely:-
"Provided that the court may for any
adequate and special reasons to be mentioned in
the judgment impose a sentence of imprisonment
for a term of less than fifteen days.".
4. ‘Amendment of section 33,Rajasthan Act No. 2 of
2009.—In section 33 ofthe principal Act,-
(a)in sub-section (2),-
- (i) for the existing expression "with fine which may
extend to five. thousand", the expression "with
simple imprisonment which shall not be less than
fifteen:days-but which mayextend to forty five days
or with fine which shall not be less than thirty
thousandrupees" shall be substituted; and
. @i):for the:existing punctuation mark ”.", appearing at
the: end, the punctuation- mark ":" shall be
substituted ; and -
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tyafter. ‘existing:sub-section. (2), --S0- amended, the oo,
~* following-newprovisoshall:be added, namely:- a /
' “Provided. that the court. may: for any
adequate:aridspecial:reasons to‘be mentioned in the
‘" Sudgment impose a sentence of imprisonmentfora
- termof less thanfifteendays.". -
5.Inseruon ofnew section.35-A, Rajasthan ‘Act.No. 2of .
. 2009After the existing section 35 and before the existing section
36 oftheprincipalaaefollowingnénew section shall:be inserted,
namely:~-
. "35-A.Power:to:seal unauthorized.Development:
7 ay TheAuthoritymay,at anytime before or after making
“an order for the removal or discontinuance. of any
development under section 32.or section.33 or section 35,
make an order directing the sealing of such development in
the prescribed manner, for the purposes of carrying out the
provisions of this Act, or for preventing any dispute as to
¥ the natureand extent of such Development. . |
. (2) Where any development has been: sealed, the |
Authority or the officer authorized by it in this behalf may
-for the purpose of removing or discontinuing such
development, order the seal to be removed.
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(3) No Person shall remove such seal except,-
(a) under an order of the EEC or the
officerauthorized |
under sub-section (2); or
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(4) Any person who contravenes theprovisions.of }
sub-section (3) shall, on conviction, be:punished:with:fine
which may extend to twenty five thousand rupees. ".
13
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31 (14) Wo Wwa—Tas, Raa 15, 2010 art 4 (&)
~*-6, Addition of sections 38-A and 38-B, Rajasthan Act
No. 2 of 2009.—After the existing section 38 of the principal Act,
the following new sections shall be added, namely:- |
"38-A. Provision ofrain water harvesting.- (1) In
Ls | every building constructed on a plot of land exceeding
: three hundred square metres in Jodhpur region after the
commencement of thc Jodhpur Development Authority
(Amendment) Act, 2010 (Act.No. 17 ur 2010), it shall be
compulsory to install a rain water harvesting system of |
such type and specifications as may be prescribed by the
State Government having regard to the area and use of the
land and keep such system always in working condition:
i . Provided that if the State Government, having
‘ ts . regard to the ground water level in aparticular area, is of
. the opinion that installation of rain water harvesting system.
i in such area is not appropriate, it may, by notification in the
| Official Gazette, exempt such area from the ope:ation of
| the provisions of this section.
(2) The Authority shall not grant any permission
for development required under the provisions of this Act
or rules or regulations made thereunder unless provision for
rain water harvesting system of the type and specifications
prescribed under sub-section (1) has been made in the site
plan and maps and the person seeking permission
undertakes to install such system and furnishes security for
the same to the satisfaction of the Authority.
(3) Every owner of the building, for which rain
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of this section, shall, after completion of such building,
obtain a completion certificate in the prescribed manner
and no such building shall be occupied unless and until
such certificate has been obtained.
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(4) The officer or authority authorized to issue
completion certificate under sub-section (3) shall not issue
such certificate unless he i8 satisfied that a rain water
harvesting system of the tyne and specifications prescribed
under sub-section (1) has been installed in the building and
isoperational. |
(5) Any development of land in Jodhpur region
made or continued in contravention of the provisions of this
section shall be deemed to be an unauthorized development
forthe purposes of this Act. , .
- (6) No permanent water connection from any public
water supply system shall be permitted in abuilding, for
which rain water harvesting system is compulsory under
the provisions of this section, unless the owner or occupier
thereof produces a completion certificate issued under sub-
‘section (3).
(7) Any person who contravenes any provision of
this section shall, on conviction and without prejudice to ~
any other action that may be taken against him under any
other provision of this Act or any other law for the time
being in force, be punishablewith imprisonment which
may extend to seven days or with fine which shall not be
less than mupees twenty five thousand but which may
extend to rupees one lakh or with both.
Explanation.- For the purposes of this section, ‘rain
water harvesting system’ means any structure or apparatus
or both, including roof top structure and under ground tank,
constructed or installed te collect rain water either for
domestic use or for percolation into earth for the purpose of
recharging grourid water.
15
34_(16)
building constructed” in Jodhpur region after the
commencement of the Jodhpur Development Authority ©.
(Amendment) Act, 2010 (Act No. 17 of 2010),.it shall be —
mo ota lys
_ ERI Wei—-7a, R15, 2010 ant 4 (®)
| 38-B. Provision .of- parking space.(1) In every
compulsory to provide such parking space as may be
prescribed by the State Government:
Provided. that the State Government may, having
regard to the area.ofland.and situation-and use ofbuilding, —
exempt,by notificationin the Official.Gazette, any building
or class of buildings fromthe provisions ofthis section.
(2) The Authority ‘shall: not: grant any permission
for development required under the provisions of this Act
orrules orregulations made thereunder unless provision for
parkingspace.as prescribedundersub-section (1) has been
made in the site plan and maps and the person seeking
permission undertakes to provide such parking space and
furnishes security for the same to the satisfaction of the
Authority. | =
(3) Every owner of the building, for which
provision.of parking space is compulsory under the
provisions of this section, shall, after completion of such
building, obtain a completion certificate in the prescribed
manner and no such building shall be occupied unless and
until such certificate has been obtaine<.
completion certificate: under:sub-section (3) shall not issue
such certificate unless he issatisfied that parking space as
_prescribed: under sub-section (1)has been. provided in the
building. |
(5S) Any development ofland in Jodhpur region
made or continued in contravention of the provisions ofthis
16
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section shall be deemed to be anunauthorized development
for the purposes of thisAct.
_. (6) No permanent water connectionfrom any public
water supply system shall bepermittediin a building, for
Which provision of parking space is compulsoryunder the
provisions of this section, unless the owner or occupier
thereof produces a completion certificate issued under sub- —
section (3). =
_ (7) Any person who contravenes any provision of |
this section shall, on conviction and without prejudice to
any other action that may be taken against him under any
other provision of this:Act or any. cther law forthe time..
being in force, b. punishable with imprisonment which
may extend to seven days orwith fine which shall not be
less than rupees twenty five thousand but which may
extend to rupees one lakh or with both.".
7. Amendment of section 67, Rajasthan Act No. 2 of
2009.—In section 67 ofthe principal Act,-
(a) in sub-section (1), -
(i) for the existing expression “one month",
wherever occurring, the expression "one year";
and ,
°
(ii) for the existing expression "twenty thousand
rupees", the expression "one Lakh rupees" shall
be substituted;
(b) in sub-section (2), for the existing expression "one
month or with fine which may extend to two
thousandrupees", the expression "one year or with
fine which may extend to five thousand rupees"
shall be substituted;
17
31 (48) WRU WaT, FAIR 15, 2010 AT.4. (#)
(c) in sub-section (4), for the existing expression: "six
months or with fine which may, extend: to ten
_ thousand rupees", the expression "one yearor with
fine which may extend: to twenty five:thousand | ‘f
, rupees" shallbe substituted; and | 7
, (d)}.in sub-section(14), fortheexisting.expression "one
month. or with: fine: which. may..extend. to .one
i .thousand ‘rupees", the.expressiom;"one. year :orwith
| fine which may. extend: to:five:;thousand-SINDESS i 4
' shall-be-substituted.
8. Insertionofnew:section:89-A; Rajasthan:Act:No. 2:0f |
-2009.--After the. existingsection’89.and before:the:existing section
‘ | 90 ofthe principal Act, thefollowing new section suall beinserted,
i
|
namely:- -"89-A. Power to call for records.-(1) The
State Government or any officer not below the rank of
the Secretary to the Government authorized. in this . \
behalfby the State Government, may, for the purpose — |
of being satisfied as to the correctness, legality or
propriety of .any order or resolution passed or
‘purporting.tohave been:passed,under this Actby the:
Authority or any committee or officer of it, cali for
the relevant record, and may, in doing so, direct that
pending the examination of such record, such order or
resolution shall be kept in abeyance and no action in
furtherance thereof shall be taken until.
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such
: examination by the State Government or by the
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Government and the passing of order under sub- \
section (2) : |
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am 4 (&; VR Wai-Ta, RA 15, 2010 31_(19)
Provided.:that no.record relating to an order
or aresolution shall be called for under this sub-
section after:theexpiry of three yearsfrom the date of
such:order or-resolution. . .
(2) After examining. the record, the State
Government or the officer authorized as aforesaid
may rescind, reverse. or modify such order or
resolution ‘and the order of the State Government or
the officer. authorized as aforesaid shall befinal and
binding on the Authority and on its officers and
* committees.".
oftaarta. . PrincipalSecretarytotheGovernment.
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-Government:GentralPress,Jaipur. |
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About this act
- Jurisdiction
- Rajasthan
- Enactment date
- 2008-08-30
- Sections available
- 97
Read the sections
1Short title, extent and commencement→2Definitions→3Establishment of the Jodhpur Development Authority→4Composition of the Jodhpur Development Authority→5Meetings of the Authority→6Cessation of membership→7Constitution and powers of Executive Committee→8Appointment of Jodhpur Development Commissioner, Directors, Secretary, etc.→9Determination of strength of the Staff, etc.→10Constitution of Committees→11Authentication of orders, etc.→12Provision for inviting Government and Local Authority Officers to assist for advice→13Establishment of Jodhpur Traffic Control Board→14Constitution and powers of other Functional Boards→15Meetings of the Functional Board→16Functions of the Authority→17No other authority or person to undertake certain development without permission of the Authority→18Powers of the Authority to give directions→19Power of the Authority to require local authority to assume responsibilities in certain cases→20Power of the Authority to execute any plan→21Civic Survey and preparation of Master Development Plan→22Zonal Development Plan→23Procedure to be followed in the preparation and sanction of Plan→24Date of operation of Plan→25Subsequent modification of Plans→26Implementation of Plan→27Plans prepared prior to this Act deemed to have been prepared under this Act→28Review of Plan→29Declaration of Development Areas→30Power of revocation and modification of permission to development→31Penalty for unauthorised development for use otherwise than in conformity with the Plan→32Power to require removal of un-authorised development→33Power to stop un-authorised development→34Composition of un-authorised development→35Removal or discontinuance of un-authorised temporary development summarily→36Power to require removal of authorised development or use→37Sanction for sub-division of plot or layout of private street→38Recovery of expenses incurred→39Making and Contents of Projects and Schemes→40Preparation of Projects and Schemes→41Restrictions on use and development of land after declaration of a Scheme→42Lapse of Scheme→43Modification or withdrawal of project or Scheme→44Saving to any project or Scheme→45Power to purchase or lease by agreement.→46Power to State Government to acquire land→47Possession to be made available to the Authority→48Land to vest in the Authority and its disposal→49Allotment, regularisation etc. of certain lands→50Transfer to be on free hold or lease hold basis→51Funds of the Authority→52Loans Fund→53Reserve and other Funds→54Application of Funds etc.→55Power of the Authority to borrow→56Power of the Authority to finance project and schemes and impose conditions therefor→57State guarantee to loans taken or given by the Authority→58Accounts and Audit→59Budget→60Annual Report→61Power to levy certain charges→62Urban assessment (ground rent) to be credited to the fund of the Authority→63Authority may charge a fee for certain licences or permission→64Penalty for un-authorised obstruction→65Penalty for removing fence etc. set up for the purpose of carrying out any work→66Penalty for disobedience of requisition and furnishing false information etc.→67Encroachment or obstruction upon public land→68General provision for punishment of offences→69Offence by companies→70Cognizance of offences→71Fine when realised to be paid to the Authority→72Power of the Authority as to legal matters→73Immunity to Authority→74Notice of suit against Authority→75Mode of proof of record→76Restriction on the summoning of servants of Authority to produce documents→77Constitution of Tribunal→78Constitution of Settlement Committee→79Recovery of moneys due to the Authority as arrears of land revenue→80Power of entry→81Service of notice under this Act→82Officers and other employees of the Authority to be pubic servants→83Lump sum contribution by the Authority in lieu of taxes levied by local authorities→84Deduction from salary or wages to meet claims of the Authority in certain cases→85Control by State Government→86Power to transfer→87Power of Authority to call for returns, reports etc.→88Act to override other laws→89Delegation of Powers→90Local Authorities to continue to perform duties→91Power to make rules→92Power to make regulations→93Power to remove difficulties→94Dissolution of the Authority→95Bar of jurisdiction of civil court→96Dissolution of the Urban Improvement Trust, Jodhpur and savings→97Repeal and savings→
India Code, Government of India. Text fetched 18 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.