An Act for the
improvement of Urban Areas in Rajasthan. WHEREAS it is
expedient to make provision for the improvement and expansion of Urban area in the
State of Rajasthan. BE it enacted by the Rajasthan
State Legislature in the Tenth year of the Republic of India as Follows: CHAPTER 1 Preliminary (1)
This Act may be called the
Rajasthan Urban Improvement Act, 1959. (2)
It extends to the whole of
the State of Rajasthan. (1)
In this Act, unless there is
something repugnant in the subject or context.- (i)
"a/nenify"
includes road, water supply, street-lighting, drainage, sewerage, public works
and such other convenience as the State Government may, by notification in the
Official Gazette, specify to be normally an amenity for all or any of the
ipurposes of this Act; (ii)
"building"
includes any structure or erection or part of a structure or erection which is
intended to be used for residential, industrial, commercial or other purpose,
whether in actual use or not; (iii)
"building
operations" includes rebuilding operations, structural alterations of or
additions to buildings and other operations undertaken in connection with the
construction of buildings; (iv)
"Chairman" means
the Chairman of a Trust; (iv-a)
"Collector" means the Collector of a district and includes an
Additional Collector appointed to a district as well as any officer specially
appointed by the State Government to perform the functions and exercise the
powers of a Collector under this Act;] (v)
"improvement" with
its grammatical variations means the carrying out of building, engineering,
mining or other operations in, on, over or under land or the making of any
material change in any building or land [or making provision for any amenity
in, on, over or under any building or land] and includes reimprovement; (vi)
"master plan"
means the master plan prepared and approved for any urban area in accordance
with the provisions of Chapter II; (vii)
"Trustee" means a
member of a Trust, including its Chairman, appointed or elected, under and in
accordance with the provisions of Section 9; (viii)
the expression
"land" and the expression "person interested" have the
meanings respectively assigned to them in Section 3 of the Rajasthan Land
Acquisition Act, 1953 (Rajasthan Act 24 of 1953;) (ix)
"urban area" means
the urban area notified under Section 3 or, as the case may be, under Section
8; (x)
"zone" means any
one of the divisions in which an urban area may be divided for the purposes of
improvement under this Act; (xi)
all references to any thing
done, required, authorised, permitted, forbidden or punishable, or to any power
vested under this Act, shall include anything done, required, authorised,
permitted, forbidden or punishable or any power vested- (a)
by any provision of this
Act; or (b)
by any rule or scheme made
under the provision of this Act; or (c)
under any provision of the
Municipal law for the time being in force which the Trust has by virtue of this
Act power to enforce. (xii)
"former trust"
means anybody, by whatsoever name designated, whether statutory or
non-statutory and whether corporate or otherwise, functioning in any area
within the State immediately before the establishment of an Improvement Trust
under this Act for such area for the improvement or development thereof. (2)
All words and expressions
not defined in the Act have, wherever used therein, the same meanings as are
assigned to them by the Municipal law for the time being in force: Provided that the
expression "Municipal Board" wherever used in this Act shall be
deemed to include a Municipal Corporation, a Municipal Council or and other
Municipal authority CHAPTER 2 Master Plans (1)
The State Government may, be
order, direct that in respect of and for any urban area in the State specified
in the order, a civil survey shall be carried out and a master plan shall be
pepared, by such officer or authority as the State Government may appoint for
the purpose (2)
For the purpose of advising
the officer or authority appointed under Sub-section (1) on the preparation of
the master plan, the State Government may constitute an advisory council
consisting of a Chairman and such number of other members as the State
Government may deem fit. The master plan
shall.- (a)
define the various zones
into which the urban area for which the plan has been prepared may be divided
for the purposes of its improvement and indicate the manner in which the land
in each zone in proposed to be used, and (b)
serve as basic pattern of
frame work within which the improvement schemes of the various zones may be
prepared. (1)
Before preparing any master plan
officially the officer or authority appointed to prepare it shall publish.a
draft of the master plan by making a copy thereof available for inspection and
publishing a notice in such form and manner as may be pescribed by rules made
in this behalf inviting objections and suggestions from every person with
respect to the draft master plan before such date as may be specified in the
notice. (2)
Such officer or authority
shall also give reasonable opportunity to every local authority within whose
local limits any land touched by the master plan is situated to make any
representations with respect to the master plan. (3)
After considering all
objections, suggestions and representations that may have been received, such
officer or authority shall finally prepare the master plan. (4)
Provisions may be made by
rules made in this behalf With respect to the form and contents of a master
plan and with respect to the procedure to be followed and any other matter in
connection with the preparation of the master plan. (1)
Every master plan shall, as
soon as may be after its preparation, be submitted to the State Government for
approval in the prescribed manner. (2)
The State Government may
direct the officer or authority appointed for the preparation of a master plan
to furnish such information as it may require for the purpose of approving any
master plan submitted to it under this section. (3)
The State Government may
either approve the master plan without modifications or with such modifications
as it may consider necessary or reject it with directions for the preparation
for a fresh master plan. Immediately after a
master plan has been approved by the State Government, it shall publish in the
prescribed maimer a notice stating that the master plan has been approved and
naming a place where a copy of the same may be inspected during office hours;
and upon the date of the first publication of the aforesaid notice the master
plan shall come into operation. CHAPTER 3 Constitution of Trusts (1)
The State Government may, by
notification in the Official Gazette, establish, for the purpose of carrying
out improvement of any urban area in the State, whether a master plan in
respect thereof has or has not been prepared, a Board of Trustees, to be called
the Improvement Trust of the place where its principal office is situated,
hereinafter called the Trust. (2)
Every such Trust shall be a
body corporate by the aforesaid name having perpetual succession and a common
seal with power to acquire, hold and dispose of property both movable and
immovable and to contract and shall by the said name sue and be sued. (1)
The Trust shall consist of- (a)
Chairman, (b)
two members of the Municipal
Board, if any, having authority in the urban area, [XXX] . (bb)
X X x] (c)
such number of other
persons, as may be determined by the State Government for each Trust, of whom
one shali be a person belonging to Scheduled Tribe or Scheduled Caste, if no
person of such caste or tribe is represented in the Trust by vitue of Clause
(a) or Clause (b)] [xxx] (2)
The Chairman and the persons
referred to in Clause (c) of Sub-section (1) [xxx] shall be appointed by the
State Governnient by notification. (3)
The members of the Municipal
Board referred in Clause (b) of Sub-section (1) shall be elected by the said
Board. (4)
If the said Board does not,
by such date as may be fixed by the State Government, elect two of its members
to be Trustees, the State Government shall appoint two members of the said
Board to be Trustees and every person so appointed shall be deemed to be a
Trustee as if he had been duly elected by the Municipal Board. (5)
If the said Board shall have
been superseded or dissolved in accordance with the provisions of the Municipal
law for the time being in force, it shall be represented in the Trust by person
appointed or elected, as the case may be, by the officer or authority appointed
under the said law to discharge the functions and exercise the powers of the
Board during the period of its superession or dissolution. (6)
Of the person referred to in
Clause (c) of Sub-section (1) at least one shall be a person in the service of
the State Government. (7)
The names of all persons
appointed or elected to the Triist shall be notified by the State Government in
the Official Gazette. Any Trustee may at
any time resign his office, Provided that his resignation shall not take effect
until accepted by the State Government. The term of office of
the Chairman shall ordinarily be three years. Subject to the
foregoing provisions, the term of office of every Trustee elected under Clause
(b) of Sub-section (1) of Section 9 shall be three years or until he ceases to
be a member of the Municipal Board, whicliever period is less, and of every
Trustee appointed under Clause (c) of the said subsection shall be three years,
or in the case of such Trustee being in the service of the State Government,
until he ceases to hold the office by virtue of which he was appointed Trustee,
whichever period is less. (1)
The term of office of the
first Trustees shall commence on such date as shall be notified in this behalf
by the State Government. (2)
A person ceasing to be a
Trustee by reason of the expiry of his term of office shall, if otherwise
qualified, be eligible for re-appointment or re-election. (1)
The Chairman [may be paid
from] out of the trust fund such salary or allowances as may from time to time
be proposed by the Trust and approved by the State Government. (2)
Other Trustees may be paid
from out of the trust fund such allowance, if any, as may be proposed by the
Trust and approved by the State Government. Notwithstanding
anything contained in Sections 11, 12 or 15, the State Government may, if it
thinks fit in public interest so to do, terminate the appointment of Chairman
or any Trustee of a Trust or re-constitute the same at any time. (1)
The State Government may
remove from the Triisi any Trustee, who.- (a)
refuse to act, or becomes
incapable of acting or absents himself for more than three consecvitive months
from the meetings of the Trust or of any committee of which he is a member and
is unable to explain such absence to the satisfaction of the Trust, or (b)
is an undischarged insolvent
or has compounded with his creditors, or (c)
has been convicted by a
criminal Court of an offence involving moral turpitude, such conviction not
having subsequendy been set aside, or (d)
has knowingly acquired or
continued to hold without the permission in writing of the State Government,
directly or indirecly or by a partner, any share or interest in any contract or
employment with, by or on behalf of the Trust, or (e)
has knowingly acted as a
Trustee in a matter other than a matter referred to in Clause (c) of
Sub-section (2) in which he or a partner had, directly or indirectly, a
personal interest, or in which he was professionally inlierested on behalf of a
client, principal or other person, or (f)
has acted in contravention
of Section 23, or (g)
being a legal. practitioner,
in any suit or other proceedings acts or appears on behalf of any other person
against the Trust, or acts or appears on behalf of any other person in any
criminal proceeding instituted by or on behalf of the Trust. (2)
A person shall not be deemed
for the purpose of Sub-section (1) to acquire, or continue to have, any share
or interest in a contract or employment by reason only of his- (a)
having a share or interest
in any lease, sale or purchase of land or building or in any agreement for the
same provided that such share or interest was acquired before he became a
Trustee, or (b)
having a share or interest
in a newspaper in which an advertisement relating to the affairs of the Trust in
inserted, or (c)
holding a debenture or
otherwise being interested in a loan raised by or on behalf of the Trust, or (d)
having a share or interest
in the occasional rate of an article, in which he regularly trades, to the
Trust to a value not exceeding, in any one year, such amount as the Trust, with
the sanction of the State Government, may fix in this behalf. . (3)
The State Government may
remove from tlie Trust a Trustee who in its opinion has so flagrantly abused in
any manner his position as a Trustee as to render his continuance as a Trustee
detrimental to the public interest. (4)
When the State Government
propose to take action under the foregoing provisions of this section an
opportunity of explanation shall be given to the Trustee concerned, and, when
such action is taken, the reasons there for shall be placed on record and
communicated to him in writing. (1)
A Trustee removed under
Clause (a) or Clause (c) of Sub-section (1) of Section 15, or under Subsection
(3) of that section, shall not be eligible for further appointment or election
for a period of three years from the date of his remove except when removed for
continued absence. (2)
A trustee rernoved under
Clause (b) of Sub-section (1) of Section 15 shall not be so eligible until he
has obtained his discharge or has paid his creditors in full, as the case may
be. (3)
A Trustee removed under any
other provisions of Section 15 shall not be so eligible until he is declared to
be no longer ineligible, and he may be SQ declared by an order of the State
Government. (1)
when the place of a Trustee
appointed by the State Government becomes vacant by his resignation, removal,
death pr Qtlierwise, the State Government shall appoint a person to fill the
vacancy. (2)
When the place of a Trustee
elected under Clause (h) of sub-section (1) of Section 9 becomes vacant by his
resignation, removal, death or otherwise the vacancy shall be filled within two
months of the existence of such vacancy being notified soon after the
occurrence there of to the Municipal Board by the Trust in the manner provided
by Sub-section (3) of the said section: provided that if the said Board fails
to elect its members to fill the vacancy within the period prescribed above,
the provisions of Subsection (4) of Section 9 shall apply. (3)
The term of office of a
Trustee appointed or elected under this section shall be the remainder of the
term of office of the Trustee in whose place he has been elected or appointed; Provided that no
person elected or appointe;! under Sub-section (2) shall continue to be a
Trustee after he has ceased to be a member of the Municipal Board. CHAPTER 4 Proceedings of the Trust and Committees The Trust shall meet
as and when necessary and its business shall be conducted in accordance with
regulations made under Section 75. (1)
The Trust may associate with
itself, in such manner and for such period as may be prescribed by regulation
made under Section 75, any person whose assistance or advice it may desire in
carrying out any of the provisions of this Act. (2)
A person associated with
itself by the Trust under Sub-section (1) for any Purpose, shall have a right
to take part in the discussions of the Trust relative to the purpose, but shall
not have a right to vote at a meeting of the Trust and shall not be a member of
the Trust for any other purpose. (1)
The Trust may from time to
time appoint committees consisting of a Trustee of Trustees and such other
person of any of the following classes as it may think fit, namly,- (i)
persons associated with the
Trust under Section 19; (ii)
other persons whose
assistance or advice the Trust may desire as members of a committee. Provided that no
committee shall consist of less than three persons. (2)
The trustee appointed to a
committee or where two or more than two Trustees are so appointed such one of
them as may be nominated by the Trust shall be the Chairman of such committee. (1)
The Trust may.- (a)
refer to a committee
appointed under Section 20, for inquiry and report, any matter relating to any
of the purposes of this Act, and (b)
delegate to such committee
by specific resolution and subject to any regulation made under this Act any of
the functions or duties of the Trust. (2)
Every such committee shall
conform to any instructions from time to time given to it by the Trust. Any powers, duties
and functions, which may be exercised, or performed by or on behalf of the
Trust, may by a specific resolution of the Trust and subject to such
restrictions, limitations and conditions as may be presecribed by rules or
regulations, be delegated to the Chairman or the Secretary or any other officer
of the Trust, without prejudice to any powers conferred on any committee by or
under Section 21 of this Act. A committee appointed
under Section 20 shall meet as and when necessary and conduct its business in
accordance with regulations made under Section 75. (1)
A Trustee who- (a)
has directly or indirectly,
by himself or by any partner, employer or employee, any such share or interest
as described in Sub-section (2) of Section 15 in respect, of any matter, or (b)
has acted professionally in
relation to any matter on behalf of any person having therein any such share or
interest as aforesaid shall not vote or take any other part in any proceedings
of the Trust or any committee relating to such matter. (2)
If any Trustee or any person
associated with the Trust under Section 19 or any other member of a committee
appointed under this Act has, directly, or indirectly, any beneficial interest
in any land situated in an area comprised in a scheme framed under this Act, or
in any area in which it is proposed to acquire land for any of the purposes of
this Act.- (i)
he shall, before taking part
in any proceeding at a meeting of the Trust or any committee relating to such
area, inform the person presiding at the meeting of the nature of such
interest, (ii)
he shall not vote at any
meeting of the Trust or any committee upon any resolution or question relating
to such land, and (iii)
he shall not take any other
part in any proceeding at a meeting of the Trust, or any committee relating to
such area if the person presiding at the meeting considers it inexpedient that
he should do so. Subject to any
general or special direction issued by the State Government] every Trust shall,
from time to time propose for the sanction of the State Government the strength
of officers and servants to be appointed, setting forth the conditions of service
and emoluments of each officer or servant. The State Government may sanction
such proposal with or without amendment and no appointment shall be made
otherwise than in accordance with such sanction: Provided that the
Trust may, subject as aforesaid, direct that one person shall be appointed to
discharge the duties of any two or more officers. The officer and
employees of a Trust may be transferred, by ttie State Government from one
Trust to another or to the J.D.A. in accordance with the rules made under
Section 74. Subject to the
provisions of Section 24 and to any rules for the time being in force, the
power of appointing and granting leave to officer and servants of the Trust and
censuring, reducing, suspending or dismissing them for misconduct and
dispensing with their services for any reason other than misconduct, shall be
vested.- (a)
in the case of officers and
servants drawing such monthly salary as may be specified by the State
Government for each trust, in the Chairman, and (b)
in other cases, in tiie
Trust: Provided that, in the case of Government servants whose services are
lent to the Trust, the power of granting leave only will so vest and the other
powers specified in this section will be exercisable by the State Government or
by ah appropriate authority of the State Government upon a complaint made by
the Trust in that behalf or otherwise: Provided further that
officer may be appointed to administrative and technical posts in the Trust by
the State Government either from amongst Staff holding posts iii the Trust with
nomenclature and duties corresponding to posts in a departrhent of the
Government from which promotions to similar posts are made or from amongst
officers posts encadred in the Rajasthan Municipal Service, or the State
services, arid the strength of these services shall stand increased
accordingly, if necessary. The Chairman shall
exercise supervision and control over the acts and proceedings of all officers
and servants of the Trust and, subject to the foregoing sections, shall dispose
of all questions relating to the service of the said officers and servants and
their pay, privileges and allowance. (1)
The Chairman may, by general
or special order in writing delegate to any officer of the Trust any of his
powers, duties or functions under this Act or under the rules made thereunder
except the power to preside over the meetings of the Trust. (2)
The exercise or discharge by
any officer of any powers, duties or functions delegated under Sub-section (1)
shall be subject to such conditions and limitations, if any, may be specified
in the said order and alsa to control and revision by the Chairman. (1)
The Chairman- shall forward
to the State Government a copy of the minutes of the proceedings qf each
meeting of the Trust within ten days from the date on which the minutes of the
proceedings of such meeting were signed as prescribed. (2)
If the State Government so
directs in any case, the Chairman shall forward to it a copy of all papers,
which were laid before the Trust for consideration at any meeting. (3)
The State Government may
require the Chairman to furnish it with.- (a)
any return, statement,
estimate, statistics or other information regarding any matter under the
control of the Trust, or (b)
a report on any such matter,
or (c)
a copy of any document in
the charge of the Chairman, (4)
The Chairman shall comply
with every such requisition without unreasonable delay. CHAPTER 5 Framing of Schemes (1)
The Trust shall, on the
orders of the State Government or on its own initiative or on a representation
made by the Municipal Board and subject to availability of financial resources,
frame schemes for the improvement of the urban area for which the Trust is
constituted. (2)
Such schemes may provide for
all or any of the following matters, namely.- (a)
the acquisition of any land
or oilier property necessary for, or effected by, the execution of tlie scheme; (b)
the re-laying out of any
land comprised in the scheme; (c)
the construction and
re-construction of buildings; (d)
tlic formation, construction
and alteration of streets; (e)
the closure or demolition of
dwellings or portions of dwellings unfit for human habiiaiion; (f)
the demolition of
obstructive building or portions of buildings; (g)
the draining, water supply
and lighting of streets; (h)
the raising [or levelling]
of any land which the Trust may deem expedient to raise [or level]: (i)
the forming of open spaces
for the benefit of the area comprised in the scheme or any adjoining area, (j)
ail or any of the
sanitaryarrangements required for the area comprised in the scheme; (k)
the establishment and
construction of markets and other places of public requirement or convenience; (i)
the limitation of areas
within which special trades or industries may or may not be carried on or which
are reserved exclusively for residential or other purposes; (l)
the division of any land
into plots for the erection of buildings for residential purposes; (m)
the erection of buildings on
any site, the restrictions and cotiditions in regard to the open spaces to be
maintained in or around such buildings, the height and character of such
buildings and the architectural features of the elevation or frontage thereof; (n)
the amenities to be provided
in relation to any site or building or buildings on such site whether before or
after the erection of such buildings and the person or authority by whom or at
whose expense such amenities are to be provided; (o)
the construction of
buildings for the accommodation (including shops) of the poor and the working
classes or of any other class of the inhabitant of the area comprised in the
scheme including such classes as are likely to be displaced by the execution of
the scheme; (p)
the provision of facilities
for communications; (q)
the reclamation or
reservation of land for gardens, afforestation and the provision of fuel and
gas supply and otherneeds of the population; (r)
the planting and
preservation of trees and plantations; (s)
the sale, letting or
exchange of any property or land comprised in the scheme; and (t)
any other matter for which
in the opinion of the State Government it is expedient to make provision with a
view to the general efficiency thereof. When framing scheme
in respect of any area, regard shall be had to.- (a)
the nature and the
conditions of such area and of neighbouring areas as a whole; (b)
the several directions in
which its expansion appears likely to take place" (c)
the likelihood of schemes
being framed for other parts of the area; and (d)
such other matters as may be
prescribed. If for and in respect
of the urban area for which the Trust is constituted a master plan has been
prepared and approved and is in operation, every scheme framed by the Trust in
accordance withthe provisions of this Chapter shall conform to such master plan
and shall not be framed so as to affect an alteration in the different zones by
the master plan. Duration and effect
of such notification- (1)
Whenever the Trust decides
to frame a scheme for any urban area, the State Government may, at the request
of the Trust, issue a notification specifying such area and declaring that the
Trust has decided to frame a scheme for such area. (2)
A notification under
Sub-section (1) shall remain in force for six months from the publication
thereof: Provided that the
State Government may, for sufficient reasons extend the said period by a
further period not exceeding six months. (2-A)
Where in the opinion of the State Government, it is necessary so to do in
public interest, it may, by order published in the Official Gazette extend the
period of the notification issued under Sub-section (1) for such further period
as il thinks fit, notwithstanding that the period of the notification or the
extended period thereof under the provisions of Sub-section (2) has expired. An
order under this section may be made so as to be retrospective with effect on
and from a date next following the expiration of the period of the notification
of the extended period thereof under Sub-section (2).] (3)
If the sanction of a scheme
is notified in accordance with Section 38 in respect of such area before the
expiry of the notification under this section, such notification shall continue
in force until the scheme is carried out. (4)
During the period that a
notification under this section remains,in force in respect of any urban area,
no building shall be erected, re-erected, altered or added within that area
without the written sanction of Trust. (1)
When any scheme has been
framed, the Trust shall prepare a notice stating.- (a)
the fact that the scheme has
been framed, (b)
the boundaries of the area
comprised in the scheme, and (c)
the place at which
particulars of the scheme, a map of the area comprised in the scheme, and a
statement of the land which it is proposed to acquire may be seen at reasonable
hours. (2)
The Trust shall- (a)
Publish the said notice in
such manner as may be prescribed, inviting objections and suggestions from all
persons with respect to the draft scheme before such date as may be specified
in the notice, and (b)
send a copy of the said
notice to the Chairman of the Municipal Board. (3)
The Chairman shall also
cause copies of all documents referred to in Clause (c) of Sub-section (1) to
be delivered to any applicant on payment of such fees as may be prescribed by
regulations. The Chairman of any
Municipal Bo rd to whom a copy of a notice has been sent under Clause (b) of
Sub-section (2) of Section 33 shall within a period of sixty days from the
receipt of the said copy, forward to the Trust any representation which the
Municipal Board may think fit to make with regard to the scheme. The Chairman of the
Municipal Board shall furnish the Chairman of the Trust, at his request, with a
copy of, or extracts from, the assessment list on payment of such fees as may
be prescribed. (1)
After the expiry of the date
referred to in Clause (a) of Sub-section (2) of Section 33 and of the period
prescribed by Section 34 in respect of any scheme the Trust shall consider any
objections, suggestions and representations received thereunder and after
affording to all persons making such objections, suggestions or representations
a reasonable opportunity of being heard, the Trust may either abandon the
scheme or apply to State Government for sanction of the scheme with such
modifications, if any, as the Trust may consider necessary. (2)
Every application submitted
under Sub-section (1) shall.be accompanied by- (a)
a description of, and full
particulars relating to the scheme, and complete plans and estimates of the
cost of executing the scheme; (b)
a statement of the reasons
for any modification made in the scheme as originally framed, (c)
a statement of objections,
if any, received under Section 33; (d)
any representation received
under Section 34; and (e)
a statement of the
arrangements made or proposed by the Trust for the rehousing of persons likely
to be displaced by the execution of the scheme, for whose re-housing provision
is required. (3)
When any application has
been submitted to the State Government under Subsection (1) the Trust shall
caUse notice of the fact to be published for two consecutive weeks in the
Official Gazette and in a local newspaper. (1)
Tfie State Government may
sanction, or may refuse to sanction or may return for reconsideration any
scheme submitted to it under Section 36. (2)
If a scheme returned for
reconsideration under Sub-section (1) modified by the Trust it shall be
re-published in accordance with Section 33.- (a)
In every case in which the
modification affects the boundaries of the area comprised in the scheme or
involves ihe acquisition of any laild hot previously proposed to be acquired,
and (b)
in every other case, unless
the modification is, in the opinion of the State Government, not of sufficient
importance to require re-publieation: (3)
Notwithstanding anything in
Section 29 or in any; other provision of this Chapter,- (a)
it shall be lawful for the
State Government to sanction any scheme framed by any Trust before the
commencement of the Rajasthan Urban improvement (Amendment) Act, 1963 composing
in part, any area lying beybhd the area for which such Trust was established; (b)
upon such sanction being
given, all previous notification issued, notices as to scheme prepared,
published and transmitted, objections; siiggestions or representations, if any
considered, application for siaiiction submitted and the notices regarding such
submission published in respect of such scheme shall be deemed to have been
duly issued, prepared, published and trarismitted, considered and submitted and
such area shall, notwithstanding anything in Section 8, be deemed to have been
included in thte area for which such Trust was established. (1)
Whenever the State
Government sanction a scheme it shall announce the fact by notification, and
the Trust shall forthwith proceed to execute the same. (2)
The publication of a
notification under Sub-section (1) in respect of any scheme I shall be
conclusive evidence that the scheme has been duly framed and sanctioned. (1)
While notifying the sanction
of a scheme under Section 38, the State Government shall also specify in such
notification the period within which the scheme so sanctioned is required to be
executed by the Trust. (2)
If the Trust fails to
complete the execution of the scheme within the period specified under
Sub-section (1), it shall make an application to the State Government setting
forth the reasons for which the scheme could not be executed within the specified
period and praying for its extension. (3)
The State Government, may in
consultation with the Municipal Board concerned, either refuse to extend or may
extend the period and the fact of such refusal or extension shall be notified
in the Official Gazette. At any time after a
scheme has been sanctioned by the State Government and before it has been
carried into execution, the Trust may alter it: Provided ihat if any
alteration is estimated to increase the estimated net cost of executing a
scheme by more than Rs. 50,000/- or 5 percent of such cost, whichever is less,
the alteration shall not be made without the previous sanction of the State
Government. Any number of areas
in respect of which schemes have been or are proposed to be framed may, at any
time, be included in one combined scheme. Notwithstanding anything
contained in this Chapter, all improvement and development schemes falling
within the purview of this Act, framed by a former Trust or otherwise and
sanctioned by the State Government in relation to any area within the State
prior to the establishment of an Improvement Trust under this Act for that
area, shall be deemed to be the schemes duly sanctioned and notified under and
in accordance with the provisions of this Chapter. CHAPTER 6 Powers and duties of the Trust
where a scheme has been sanctioned Whenever any
building, or any street, square or other land or any part thereof which is
vested in the Municipal Board is required for executing any scheme, the Trust
shall give notice accordingly to the Chairman of such Board, and such building,
street, square, land or part shall thereupon vest in the Trust, subject, in the
case of any building to the payment to the said Board of such sum as may be required
to compensate it for actual loss resulting from the transfer thereof to the
Trust. (1)
The State Government may by
notification in the Official Gazette and upon such terms and conditions as may
be agreed upon between it and the Trust, place at the disposal of the Trust all
or any improved and unimproved lands in the urban area for which the Trust has
been constituted and which may be vested in the State (known and hereinafter
referred to as Nazul lands) for the purposes of improvement in accordance with
a scheme framed and sanctioned under this Act. (2)
No improvement of any Nazul
land shall be undertaken or carried out except by, or under the control and
supervision of the Trust after such land has been placed at the disposal of the
Trust under Sub-section (I). (3)
After any such Nazul land
has been improved by, or under the control and supervision of the Trust, it
shall be dealt with by the Trust in accordance with the rules made and
directions given by the State Government in this behalf. (4)
If any Nazul land placed at
the disposal of the Trust under Sub-section (1) is required at any time
thereafter by the State Government the Trust shall, by notification in the
Official Gazette, replace it at the disposal of the State Goverrmient upon such
terms and conditions as may be agreed upon between that Government and the
Trust. (1)
Whenever any street or
square or part there of which is not vested in the Municipal Board is required
for executing any scheme, the Trust shall cause to be affixed in a conspicuous
place in or near such street, square or part, a notice signed by the Chairman.- (a)
stating the purpose for
which the street, square or part is required, and (b)
declaring that the Trust
will, on or after a date to be specified in the notice, such date being not
less than thirty days after the date of the notice, take over charge of such
street, square or part from the owner thereof; and shall simultaneously send a
copy of such notice to the owner of such street, square of part. (2)
After considering and
deciding all objection, if any, received in svriting before the date so
specified, the Trust may take over charge of such street, square or part from
the owner thereof and the same shall thereupon vest in the Trust. (3)
When the Trust alters or
closes any street or square or part thereof which has vested in it under
Sub-section (2), it shall pay reasonable compensation to the previous owner for
the loss of his rights therein. (4)
If the alteration or closing
of any such street, square or part causes damage or substantial inconvenience
to owners of property adjacent thereto or to residents in the neighbourhood,
the Trust.- (i)
shall forthwith provide some
other reasonable means of access for the use of persons who were entitled to
use street, square or part as a means of access to any property or place, and (ii)
if the provision of such
means of access does not sufficientlly compensate any such owner or resident
for such damage or incovenience, shall alsp pay hirri reasonable compensation
in money. (1)
Whgn any building or any
street, square or other land, or any part thereof, has vested in the Trust
under Section 42 or Section 43 or Section 44, no drain or waterwork therein
shall vest in the Trust until another drain or waterwork, as the case may be,
if required, has heen provided by the Trust, to fhe satisfaction of the
Municipal Board in place of the former drain or waterwork. (2)
If any question or dispute
arises as to whether another drain or water work is required or as to the.
sufficiency of any drain or water work provided by the Trust under Sub-section
(1) the matter shall be referred to the State Government whose decision shall
be final. (1)
The Trust may.- (a)
turn, divert, discontinue
the public use of, or permanently close, any public street vested in it or any
part thereof, or (b)
discontinue the public use
of, or permanently close, any public square vested in it any part, thereof. - (2)
Whenever the Trust
discontinues the public use of, or permanently closes any public street vested
in it or any part thereof, it shall by reasonable compensation to every person
who was entitled otherwise than as more licensee, to use such or part as a
means of access and his suffered damage from such discontinues or closing. (3)
Whenever the Trust
discontinues the public use of, or permanently closes, any public street vested
in it or any part thereof, it shall pay reasonable compensation to every
person.- (a)
who was entitled, otherwise
than as a mere licensee, to use such square or part as a means of access, or (b)
whose immovable property was
ventilated by such square or part, and who has suffered damage- (i)
in case (a), from such
discontinuance or closing, and (ii)
in case (b), from the use of
which the Trust has put such square or part. (3)
In determining the
compensation payable to any person under Sub-section (2) or Sub-section (3),
the Trust shall make allowance for any benefit accruing to him from the
construction, provision or improvement of any other public street or square at
or about the same time, that the public street or square or part thereof, on
account of which the compensation is paid, is discontinued or closed. (4)
When any public street or
square vested in the Trust, or any part thereof, is permanently closed under
Sub-section (1), the Trust may sell or lease so much of the same as is no
longer required. (1)
Such provisions of tlie
Municipal law for the time being in force in any part of the State as may be
prescribed in the case of each Trust, shall so far as may be consistent with
the tenor of this Act, apply to the urban area for which the Trust is
established under this Act and all references in the said provisions to the
Municipal Board, Council or Corporation shall be construed as references to the
Trust which, in respect of any such urban area may alone exercise and perform
all or any of the powers and functions which under any of the said provisions
might have been exercised and performed by the Municipal Board, Council or
Corporation or by the Chairman or President or by any officer thereof: Provided
that the Trust may delegate to the Chairman or to .any officer of the Trust all
or any of the powers conferred under this section. (2)
to (5) Omitted by Rajasthan
Act No. 26 ot 1976. The State Government
may by notification in the Official Gazette transfer to the Trust any of the
duties, powers, functions and responsibilities of the Municipal Board and
thereupon the Trust shall carry out, excercise, perform and discharge such
duties, powers, functions and responsibilities. The Trust may- (a)
cause a survey of any land
to be made whenever it considers that a survey is necessary or expedient for
carrying out any of the purposes of this Act, or (b)
contribute towards the cost
or any such survey made by any other local authority. (1)
Whenever the Municipal Board
is satisfied- (a)
that any street laid out or
altered by the Trust has been duly levelled, paved, metalled, flagged
channelled, sewered and drained in the manner provided in the scheme sanctioned
by the State Government under this Act, (b)
that such lamps, lamp-posts
and other apparatus for the lighting of such street as ought io be provided by
the Trust have been so provided, and (c)
that water and other
sanitary conveniences have been duly provided in each street, the Municipal
Board, after obtaining the assent of the Trust, or failing such assent, the
assent of the State Government under Sub-section (3), shall, by a written
notice affixed in some conspicuous position in such street, declare the street
to be a public street; and the street shall thereupon vest in the Municipal
Board and shall thenceforth be maintained, kept in repair, lighted and cleansed
by the said Board. (2)
When any open space for
purposes of ventilation or recreation has been provided by the Trust in
executing may scheme, it shall, on completion, be transferred to be Municipal
Board by resolution of the Trust and thereupon vest in, and be maintained at
the expense of the said Board: Provided that the
said Board may require the Trust, before any such open space is so transferred,
to enclose, level, turf, drain and lay out such space and provide footpaths
therein, and if necessary, to provide lamps and other apparatus for lighting
it. (3)
If any difference of opinion
arises between the Trust and the Municipal Board in respect of any matter
referred to in the foregoing provisions of this section, the matter shall be
referred to the State Government; whose decision shall be final. CHAPTER 7 Acquisition and disposal of Land The Trust may enter
into an agreement with any person for the purchase, leasing or exchange by the
Trust from such person, of any land which the Trust is authorised to acquire or
any interest in such land. (1)
Where on a representation
from the Trust of otherwise it appears to the State Government that any land is
required for the purpose of improvement or for any other purpose under this
Act, the State Government rhay acquire such land under and in accordance with
the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894). (2)
to (6) Omitted by Rajasthan
Act No. 29 of 1987 (1)
[1]Where
any land is acquired by the State Government under this Act, the State
Government shall pay for such acquisition compensation the amount of which
shall be determined iii accordance with the provisions of this Section; (2)
Compensation payable under
Sutj-section (1) shall be deemed to be due as from the date of [absolutely
vesting of the land in the State Govermnent under Sub-section (4)] of Section
52 and shall carry simple interest at the rate of six percent per annum frpra
that day up to the date of payment; Provided that no interest, shall be payable
on any amount of compensation which remains unpaid for any default of the
person entitled to receive it or his agent or representative-in-interest or for
any of the reasons specified in Sub-section (3) of Section 57. (3)
Where the amount of
compensatipti can be determined by agreement between the State Government and
the persQii to be pompensated, if shall be determined in accordance with such
agreement. (4)
Wjiere no such agrgement can
be reached, the State Government shall refer the case to the Collector for
detefmination of the amount of eprnpensatiori to be paid for such acquisition
as also the person or persons to whom such compensation Shall be paid. (5)
Before finally determining
the amount of compensatioii, the Collector shall give an opportunity to every
person to be compensated to state his case as to the amount of compensation, (6)
In determining the amount of
compensation, the Collector shall be guided by the following principles,
namely- (a)
no allowance shall be made
on account of the acquisition being compulsory; (b)
the value of the land shall
be taken to be the market value of the land on the date on which the,notice
calling upon the owner to show cause why the land should not be acquired is
issued under Sub-section (2) of Section 52 hereinafter referred to as "the
date of notice" such market value being determined on the basis of the use
of the land on that date; (c)
the special suitability or
adaptability of the land for any purpose shall not be taken into account if
that purpose is a purpose to which it would be applied only in pursuance of
statutory powers, or for which it would be applied only in pursuance of
statutory powers, or for which there is not a market apart from the special
needs of a particular purchaser or the requirements of any Department of
Government or any local or public authority; (d)
Where the value of the land
is increased by reason of the use thereof or of any premises thereon in a
manner which could be restrained by any Court, or is contrary to law, or is
detrimental to the health of the inmates of the premises, or to public health,
the amount of that increase shall not be taken into account. (7)
For the purpose of determing
the amount of compensation- (a)
the Collector shall have the
power to require any person to deliver to him such returns and assessments as
he considers necessary; (b)
the Collector shall also
have the power to require any person known or believed to be interested in the
land to deliver to him a statement containing, as far as may be practicable,
the name of every other person having any interest in the land as co-owner,
mortgagee, tenant or otherwise, and the nature of such interest, and of the
rents and profits, if any, received or receivable on account thereof for diree
years next preceding the date of the statement. (8)
Every person required to deliver
a return, assessment or statement under Sub-section (7) shall be deemed to be
legally bound to do so within the meaning of Section 175 and Section 176 of the
Indian Penal Code, 1860 (Central Act 45 of 1860). (9)
The Collector may hear
expert witnesses if it be necessary to do so in any particular case. (10)
The Collector shall be
entitled to enter on and inspect any land which is the subject of proceedings
before him. (11)
The Collector shall dispose
of every case referred to him under Sub-section (4) for determination of
compensation as expenditiously as possible and in any case within such time as
may be prescribed. 45 of 1860) 176 of the Indian Penal Code, 1860 (Central Act
45 of 1860) under Sub-section (7) shall be deemed to be legally bound (12)
The Collector shall
determine the amount of costs incurred in any case disposed of by him under
this section, and by what parties and in what proportions they are to be paid. (13)
In determining the amount of
costs under Sub-section (12) the Collector shall also decide what portion, if
any, of the costs so determined shall be paid by the State Government.] [2][Any
party aggrieved by the decision of the Collector determining the amount of
compensation may within sixty days from the date of such decision appeal to the
Court of the District Judge having jurisdiction.] [3]If
any dispute arises as to the apportionment of compensation among persons
claiming to be entitled thereto the State Government shall refer such dispute
for the decision of the Court of the District Judge having jurisdiction. [4]An
appeal shall lie to the High Court from the decision of the District Judge
under Section 55 and the provisions of the Code of Civil Procedure, 1908
(Central Act V of 1908) with respect to appeals from original decrees shall, so
far as may be. apply to appeals under this section. (1)
[5]Where
the amount of compensation is determined by agreement, the State Government
shall pay such amoui;it together with interest thereon to the persons entitled
thereto. (2)
Where the amount of
compensation is determined by the Collector under the provisions of Section 53
the Slate Government shall tender payment of the compensation determined
together with interest thereon to the persons entitled thereto according to
such determination and shall pay to them unless prevented by someone or more of
the contingencies mentioned in the next sub-section. (3)
If the persons entitled to
compensation according to the decision of the Collector do not consent to
received it, or if there be no person competent to alienate the land or if
there be any dispute as to the title to receive the compensation, the State
Government shall deposit the amount of the compensation, in the Court of the
District Judge having jurisdiction: Provided that any person admitted to be
interested may receive such payment under protest as to the sufficiencyof the
amount of compensation: Provided further that
nothing herein contained shall affect the liability of any person who may
receive the whole or any part of any compensation determined under this Act to
pay the same to the person lawfully entitled thereto. [6]Where
any amount of compensation has been deposited, in Court under Section 57 the
Court may either of its own motion or on the application made by or on behalf
of any party interested or claiming to be interested in such amount, order the
same to be invested in such Government or other approved securities as it may
think proper, and may direct the interest or other proceeds of any such
investment to be accumulated and paid in such manner as will, in its opinion
give the parties interested therein the same benefit therefrom as they might
have had from the land in respect whereof such amount has been deposited or as
near thereto as may be. (1)
[7]If
any-question of disputes arises as to the sufficiency of the compensation paid
or proposed to be paid under any provision of this Act otherwise than under the
foregoing provisions of this Chapter, the matter shall be determined by the
District Judge having jurisdiction upon a reference made to him either by the
date on which the said person was informed" of the decision of the Trust
fixing the amount of compensation to be paid to him or of the rejection of his
claim to compensation by the Trust: Provided that the
District Judge shall not entertain the application of any claimant who has not
applied to the Trust for compensation within three months of the date on which
his claim for compensation accrued. (2)
If a reference to the
District Judge be not made within the period prescribed by Sub-section (1), the
decision of the.Trust shall be final (1)
[8]Notwithstanding
anything contained in the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act,
XXIV of 1953), hereinafter referred to as the Acquisition Act, no proceedings
shall be taken thereunder for the acquisition of land required for the purpose
of improvement or for any other purpose under this Act: Provided that nothing
herein contained shall apply to any proceeding for the acquisition of land for
purposes of improvement or for any other purpose under this Act instituted
imder the Acquisition Act on or after the 02.12.1972 and pending on the date of
the commencement of the Rajasthan Urban Improvement (Amendment) Act, 1976, and
all such proceedings shall be continued and completed under and in accordance
with the Acquisition Act subject to the condition that references to the word
"compensation", wherever occuring in the Acquisition Act shall as
from 20,04.1972. be construed as references to the word "amount" as
if for the word "compensation" the word "amount" were
substituted. [9]In
the Chapter VII, in Section 51 to 59 both inclusive, and in all other
provisions of this Act, references to the word "compensation"
wherever occuring shall as from the 20.04.1972, be construed as references to
the word "amount" as if for the word "compensation", the
word "amount" were substituted". (1)
The Trust may- (a)
with the sanction of the
State Government, dispose of by way of allotment, regularization or auction]
any land acquired by the State Goveriunent, and transferred to the Trust
without undertaking or carrying on any irnproverfient thereon, or (b)
Subject to any directions
given by the State Government djspose of ciny sued land after undertaking, or
carrying on such improvement as it thinks fit, to such persons, in such maimer
and subject to such terms and conditions as it considers expedient for securing
the irnproyement of the urban area concerned according to the master plan or
the scheme or both. (2)
The power of the Trust with
respect to the disposal of land under Sub-Section (1) shall be so exercised as
to secure, so far as practicable, that persoris who are living or carrying on
business or other activities on the land shall, if tliey desicp to obtain
accommodation on land belonging to the Trust and are willing tq comply with any
requirements of the Trust as to its improvernent and use havp an opportunity to
obtain thereon accommodation suitable to their reasonable requirements on terms
settled with due regard to the price at which any such land has been acquifed
from fhefn: Provided that where the Trust proposes to dispose of by sale any
land without any improvement having been undertaken or carried out thereon, it
shall offer the land in the first instance to the persons from whom it was
required, if they desire to pnrchcise it, subject to such requirements as to
its improvement and use as the Trtist, may think fit to impose. (3)
Nothing in this Act shall be
construed as enabling the Triist to dispose of land by way of gift but subject
as aforesaid references in this Act to the disposal of land shall be construed
as references to the disposal thereof in any manner, whether by way of sale,
exchange, mortgage or lease or by the creation of any easement, right pr
privilege or otherwise. (4)
All lands which are deemed
to have been placed at the disposal of the Trust under Section 90-B of the
Rajasthan Land Revenue Acf, 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 regularizadon 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 pf transfer of land to them
either by tenant or any other person claiming through the tenant, whose tenancy
right have been resumed or surfendered, under the said provision, on. such
terms and conditions and subject to payment tq the Trust of such charges or
premium or both, as the case may be, anfl at such rates as may be prescribed by
the State Government in this behalf: Provided that no
allotment or regularization of any land be shall he 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, creamation
ground, grave-yard and for such other purposes as State Government may specify
by notification in the Official Gazette. (5)
The charges realised-under
Sub-section (4) shall be credited to the Consolidated Fund of the State and the
fund of the Trust as may be determiiT by the State Govermnent. (1)
Notwithstanding anything
otherwise contained in Sub-section (1) of Section 52, where, in any matter
relating to the acquisition of land pending on the date of commencement of the
Rajasthan Urban Improvement (Amendment) Act, 1987 (Act No. 29 of 1987)
(hereinafter in this section referred to as the date of Commencement), an
action, thing or order has been taken, done Or made under and in accordance
with the provisions of this Act as it stood before the date of commencement,
such action, thing or order shall not be re-opened or reviewed or be liable to
be challenged on the ground that such action, thing or order was at variance
with that provided in the Land Acquisition Act, 1894 (Central Act 1 of 1894)
(hereinafter in this section referred to as the Land Acquisition Act) subject,
however, that any further proceeding, action or order in such matter conducted,
taken or made on or after the date of commencement shall, subject to the other
provisions of this section, be made under and in accordance with the Land
Acquisition Act. (2)
The amount of compensation
or interest or that payable for any other reason shall, in.a matter pending on
the date of commencement, be payable under and in accordance with the
provisions of the Land Acquisition Act and the money paid prior to the date of
commencement shall be deducted from or adjusted against the said amount. (3)
Where in a matter pending on
the date of commencement, a notice under Subsection (2) of Section 52 or a
notice under Sub-section (1) thereof has been issued or, as the case may be,
published,. such notice shall be deemed to be the notificadon or declaration
published or made respectively under Sub-section (1) of Section 4 or, as the
case may be, under Sub-section .(1) of Section 6 of the Land Acquisition Act
and the declaration or award in such a matter shall be made respectively within
a period of one year or, as the case may be, two years from the date of
commencement. (4)
Where any land has, prior to
the date of commencement, vested in the State Government or its possession has
been taken in accordance with the provisions of this Act as it stood before the
date of commencement, such vesting or possession of land shall not be liable to
be challenged on the ground that no amount of compeiisation was tendered and
paid in accordance with Sub-section (3-A) of Section 17 of the Land Acquisition
Act subject, however, the such amount shall be tendered and paid within a
period of six months from the date of commencement. (5)
In determining the amount of
compensation to be awarded in a matter pending on the date of commencement, the
market value of the land of the date of which the notice was published in the
Official Gazette under Clause (b) of Sub-section (6) of Section 53, as it stood
before the date of commencement, shall be taken into consideration, (6)
An appeal filed under
Section 54 or Section 56 or a dispute referred under Section 55 or Section 59
and pending on the date of commencement shall be decided havingregard to the
provisions of the Land Acquisition Act. CHAPTER 8 Finance (1)
A fund to be called the
"Improvement Fund", of the place where the principal office of a
Trust is situated shall be constituted for each Trust as soon as it is formed.
. (2)
There shall be created to
this Fund.- (i)
such sums as may be placed
by the State Government at the disposal of the Trust, from time to time, either
by way of loan or as subside; (ii)
such contribution from the
Municipal Board as may, from time to time, be ordered by the State Government
to be made, after considering the relief or addition to the resources of such
Board accruing or likely to accrue from the schemes undertaken by the Trust; (iii)
the rents, profits and sale
proceeds of all lands, buildings, and other property vested or vesting in, or
acquired by the Trust under this Act; (iv)
sums borrowed by the Trust
with the previous sancdon of the State Government subject to the prescribed
conditions, for any of the purposes of the Trust; and (v)
all fees and charges payable
to or received by the Trust under this Act. (1)
Where as a consequence of
any scheme having been executed by the Trust in any area, the value of any
property in that area, in the opinion of the Trust, has increased or will
increase, the Trust shall, with the sanction of ihe State Government, be
entitled to levy upon the owner of the property or any person having interest
therein a betterment charge in respect of the increase in the market value of
the property resulting from the execution of the scheme. (2)
Such betterment charge shall
be an amount equal to one-forth of the amount by which the market value of the
property on the completion of the execution of the scheme, estimated as if the
property were clear of buildings, exceeds the market value of the property
prior to such execution estimated in like manner. (1)
Where it appears to the
Trust that any particular scheme is sufficiently advanced to enable the amount
of the betterment charge to be determined, the Trust may, by an order made in
this behalf, declare that, for the purpose of determining the betterment charge
the execution of the scheme shall be deemed to have been completed and shall
thereupon give notice in writing to the owner of the property or any person
having an interest therein that the Trust proposes to assess the amount of the
betterment charge in respect of the property under Section 62. (2)
The Trust shall then assess
the amount of the betterment charge payable by the person concerned after
giving such person an opportunity to be heard and such person shall, within
three months from the date of receipt of the notice in writing of such
assessment from the Trust, inform the Trust by a declaration in writing that he
accepts the assessment or dissents from it. (3)
When the assessment proposed
by the Trust is accepted by the person concerned within the period specified in
Sub-section (2), such assessment shall be final. (4)
If the person concerned
dissents from the assessment or fails to give the Trust the information
required by Sub-section (2) within the period specified therein, the matter
shall be determined by arbitrators in the manner provided in Section 64. (1)
For the determination of the
matter referred to in Sub-section (4) of Section 63, the State Government shall
appoint three arbitrators of whom one at least shall have special knowledge of
the valuation of land. (2)
Arbitrator shall follow such
procedure as may be prescribed. (3)
In the event of any
difference of opinion among the arbitrators., the decision of the majority
shall prevail and that decision shall be the award of the arbitrators. (4)
If any arbitrator dies,
resigns, or is removed under Sub-section (5) or refuses or neglects, in the
opinion of the State Government to perform his duties or becomes incapable of
performing the same, then the State Government shall forthwith appoint another
fit person to take the place of such arbitrator. (5)
If the State Government is
satisfied after such inquiry as it thinks fit.- (a)
that an arbitrator has
misconducted himself, the State Government may remove him from his office; or (b)
that the award of the
arbitrator has been improperly procured or that any arbitrator has misconducted
himself in connection with such award, the State Govermnent may set aside the
award. (6)
An award which has not been
set aside by the State Government under Clause (b) of Sub-section (5) shall be
filial and shall not be questioned in any Court. (7)
The provisions of the
Arbitration Act, 1940 (Central Act 10 of 1940), shall not apply to the
arbitration under this section. (1)
The betterment charge levied
under this Act shall be payable in such number of instalments and each
instalment shall be payable at such time and in such manner as may be fixed by
regulations made in this behalf. (2)
Any arrear of betterment
charge shall be recoverable in the manner laid down in the Municipal law for
the time being in force for the recovery of municipal claims. (1)
All the moneys of the Trust
shall be kept in a Government treasury or sub-treasury or a bank to which the
Government treasury business has been made over. (2)
Nothing in the foregoing
sub-section shall be deemed to preclude a Trust from investing, with the
previous sanction of the State Government, any such moneys which are not
required for immediate expenditure,-in any of the securities described in
Section 20 of the Indian Trusts Act, 1882 (Central Act 2 of 1882) or placing
them in fixed deposit with a bank approved by the State Government. (3)
The Trust Fund shall be
applied towards meeting the expenses incurred by the Trust in the carrying out
of schernes framed and sanctioned under this Act, and in the administration of
the other provisions of this Act and for no other purpose. The Trust may, with
the previous approval of the State Government, borrow any money for carrying
out the purposes 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 The Trust shall
prepare in such form and at such time every year as may be prescribed a budget
in respect of the financial year next ensuing, showing the estimated receipts
and expenditure of the Trust and shall forward to the State,Government such
number of copies thereof as may be prescribed. (1)
The Trust shall maintain
proper accounts and Other relevant records and prepare an annual statement of
accounts including the balance sheet in such form as the State Government may
prescribe. (2)
The accounts of the Trust
shall be subject to audit annually by the Examiner of Local Fund Audit and the
provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act 38 of
1954) shall apply. The Trust shall
prepare for every year a report of its activities during that year and submit
the report to the State Government in such form and on or before such date as
may be prescribed. (1)
The Trust shall constitute
for the benefit of its officers and other employees, in such, manner and
subject to such conditions as may be prescribed, such pension and provident
funds as it may deem fit. (2)
Where any such pension or
provident fund has been constituted, the State Government may declare that the
provisions of the Provident Funds Act, 1925 (Central Act 19 of 1925) shall
apply to such fund as if it were a Government Provident Fund. If the Trust fails to
repay any loan or any interest or costs in respect thereof, according to the
conditions of the loan, the State Government will attach the rents and other
income of the Trust and apply the same in satisfaction of such loan and other
dues. CHAPTER 9 General provisions as to improvement (1)
In an urban area, no
improvement shall be undertaken or carried out by any person or department of
the Government unless- (i)
it is in accordance with the
master plan where it is in operation: or (ii)
it is in accordance with the
scheme sanctioned and notified under Section 38; or (iii)
where niether any master
plan nor any scheme is in force, it is according to the general approval of the
Trust, and unless permission for undertaking or carrying out such improvement
has been obtained in writing under the provisions of Section 73. (2)
No person or department of
Government shall use or permit to be used any land or building in any urban
area otherwise than in conformity with the master plan where it is in operation
or with the scheme sanctioned and notified under Section 38 or with the general
approval of the Trust, and unless the permission of the Trust for such use has
been obtained under Section 73: Provided that subject
to the provisions of Section 73-B, it. shall be lawful for any person or
department to continue to lise, upon such terms and conditions, as may be
prescribed by regulations made in this behalf, any land or building for the
purpose and to the extent for and to which, it is being used upon the date on
which such plan or scheme comes into force or as the case may be, the area is
declared as an urban area under this Act. (1)
Every person or department
of the Government desiring to obtain the permission referred to in Section 72
shall make an application in writing in such form and containing such particulars
in respect of the improveme.nt to which the application relates as may be
prescribed by regulations. (2)
Every application under
Sub-section (1) shall be accompanied by such fee as may be prescribed: Provided that no such
fee shall be necessary in the case of an application made by a department of
Goverrarient. (3)
On the receipt of an
application for permission under Sub-section (1), the officer or authority
competent under Section 72 to grant the permission, after making such inquiry
as may be considered necessary in relation to any matter, shall, by order in
writing, either grant permission, subject to such conditions, if any, as may be
specified in the order to refuse to grant such permission: Provided that, before
making an order refusing such permission, the applicant shall be given a
reasonable opportunity to show cause why the permission should not be refused. (4)
Where permission is refused
the grounds of such refusal shall be recorded in writing and communicated to
the applicant in the manner prescribed by regulations. (5)
A register of applications
for permission under this section shall be kept in such form as may be
prescribed by regulations. (6)
The said register shall
contain such particulars including information as to the manner in which
applications for permission have been dealt with as may be prescribed by
regulations and shall be available for inspection by any member of the public
at all reasonable hours on payment of such fee not exceeding rupees five as may
be prescribed by regulations. (7)
Where permission is refused
under this section, the applicant or any person claiming through him shall not
be entitled to get refund of the fee paid on the application for permission
but, on an application for refund being made within three months of the
communication of the grounds of the refusal under Sub-section (4), such portion
of the fee as may seem proper in the circumstances, of the case may be
refunded. (8)
Where in any urban area, an
application for undertaking or carrying out an improvement is made to the Trust
in the prescribed from and with the prescribed fees and after the receipt of
the application the Trust neglects or omits for one month to grant permission
or to reject the application for reasons to be recorded by it, the applicant
may, by a written communication, call the attention of the Trust to the
omission or neglect, and if such omission or neglect continues for a further
period of fifteen days from the date of such communication, the Trust shall be
deemed to have permitted the proposed work absolutely and such work may be
proceeded within the manner specified in the notice; Provided that nothing
herein contained shall be construed to authorise any person to act in
contravention of any other provision of this Act or the rules and regulations
made thereunder, relating to any matter other than the requirement of obtaining
permission of the Trust before undertaking or carrying out improvement under
this Act. (9)
Any person aggreived by an
order of the Trust giving permission subject to conditions imposed by it or
refusing to give permission under this Act, may appeal to the Collector, within
thirty days from the date of the order giving refusing such permission,
exclusive of the time requisite for obtaining a copy thereof. No such order
shall be called in question otherwise than by such appeal. (10)
The appellate authority may,
if it thinks fit for reasons to be recorded, extend the period allowed for
appeal. The order of the appellate authority shall be final; Provided that no
order under appeal shall be modified or set aside by the appellate authority
until the appellant and the Trust have had a reasonable opportunity of being
heard. (1)
Any person who intends to
sub-divide or re-constitute his plot lying in the area of a Trust established
under Section 8 shall submit the lay out plan together with the prescribed
particulars to the Trust for sanction. (2)
Subject to any rules that
may be made in this behalf the Trust may, within the prescribed period,
sanction such plan either without modification or subject to such modifications
and conditions as it considers expedient or may refuse to give sanction, if the
Trust is of opinion that such division or re-constitution is not in any way
consistent with the proposals of improvement of the urban area of the Trust. (3)
If any person does any work
in contravention of Sub-section (1) or in contravention of the modifications
and conditions of the sapction granted under Subsection (2) or despite refusal
for the sancdon under Sub-section (2), the Trust may direct such person by
notice in writing to stop any work in progress and after making an enquiry in
the prescribed manner, remove or pull down any work or restore the land to its
original condition. (4)
Any expenses incurred by the
Trust under Sub-section (3) shall be a sum due to ihe Trust under this Act from
the person in default. (1)
Notwithstanding anything
contained in Section 72 or 73-A- (i)
no person shall use or
permit the use of any land situated in any urban area notified under Section 8,
for the purpose other than that for which such land was originally allotted or
sold to any person by the State Government, aqy Urban Improvement Trust, any
other local authority or any other body or authority in accordance with any law
for the time being in force or, otherwise than as specified under a Master Plan,
wherever it is in operation; (ii)
in the case of any land not
allotted or sold as aforesaid and not covered uader Clause (i), no person shall
use or permit the use of any such land situated in a Urban Area notified under
Section g, for the purpose other than tiiat for which such land-use was or is
permissible, in accordance with the Master Plan, wherever it is in operation,
or under any law for the time being in force, (2)
Notwithstanding anything
contained in Sub-section (1), the State Governnignt or any authority authorised
by it, by notification in the Official Gazette, may allow the owner or holder
of any such land, to have change of use thereof, if it is satisfied So to do in
public interest, on payment of conversion charges at such rates and in such rnanner
as may be prescribed with respect to the following changes in use- (i)
from residential to
commercial or any other purpose; or (ii)
from commercial to any other
purpose; or (iii)
from industrial to
commercial or any other purpose; or (iv)
from cinema to commercial or
any other purpose; or (v)
from any existing
permissible use of land to any other purposes, as the State Government may
prescribe: Provided that rates
of conversion charges may be different for different areas and for different
purposes. (3)
Any person who has already
changed the use of land in violation of the provisions of this Act in force at
the time of change of use, shall apply to the State Government or any authority
authorised by it under Sub-section (2), within such period as may be
prescribed, for regularisation of said use and upon regularisation of the
change of use of land, he shall deposit the amount contemplated under
Sub-section (2). (4)
Where the State Government
or the authority authorised by it is satisfied that a person who ought to have
applied for permission or regularisation under this section, has not applied
and that such permission can be granted or the use of land can be regularised,
it may be proceed to determine the conversion charges after due notice and
hearing the party/parties and the charges so determined shall become due to the
Urban Improvement Trust and be recoverable under Sub-section (6). (5)
The conversion charges so
realised shall be credited to fund of the Urban Improvement Trust. (6)
Charges under this section
shall be the first charge on the interest of the person liable to pay such
charges with respect of the land, the use of which has been changed and shall
be recoverable as arrears of land revenue. CHAPTER 10 Rules and Regulations (1)
The State Government may
make rules consistent with this Act- (a)
as to the authority on which
money may be paid from the Trust fund. (b)
for prescribing the fees
payable for a copy of or extracts from the assessement list under Section 35 or
Section 73; (bb)
for prescribing standards for the sub-division or re-constitution of plots,
layout of private streets etc, and, for provision of roads, lanes, water
connections, electric connections and other amenities to be provided for the
owner at his costs; (bbb)
for prescribing the particulars to be submitted under Sub-section (1) of
Section 73-A, and the period during which the plan shall be sanctioned or
refused under Sub-section (2) of the same: (c)
as to the conditions on
which officers and servants of the Trust appointed to offices requiring
professional skill may be appointed, suspended or dismissed; (d)
as to the intermediate
office or offices, if any, through which correspondence between the Trust and
the State Government or officers thereof shall pass; (e)
as to the manner and form in
which the Trust shall maintain accounts and prepare an annual statement thereof
including the balance sheet; (f)
as to the authority by whom,
the conditions subject ta which and the mode in whiich contracts may be entered
into and executed on behalf of the trust; (g)
as to the form in which and
the time at which the Budget shall be prepared; (h)
as to the returns,
statements and reports to be submitted by the Trust; (i)
as to the mutual relations
to be observed between the Trust and other local authorities in any matter in
which they are jointly interested; (j)
for r&gulating the grant
of leave allowances and acting allowances to the officers and servants of the
Trust; (jj)
for prescribing the conditions under which the officers and employees of a Trust
may, under Section 24-A, be transferred from one Trust to another or to the
J.D.A.] (k)
for establishing and
maintaining a pension, provident or annuity fund, for compelling all or any of
the officers in the service of the Trust to contribute to such fund at such
rates and subject to such conditions as may be prescribed and for supplementing
such contributions out of the funds of the Trust. Provided that a Government
servant employed as an officer or servant of the Trust shall not be entitled to
leave or leave allowance otherwise than as may be prescribed by the conditions
of his service under the State Government; (l)
for determining the
conditions under which the officer and servaiits of the Trust or any of them
shall, on retirement, receive pensions or gratuities or compassionate
allowances and the amount of such pensions, gratuities and compassionate
allowances; (m)
for regulating every matter
which, under this Act, may be or is required to be prescribed; [xxx] (n)
generally of the guidance of
Trusts and public officers in all matters connected with the carrying out of
the provisions of this Act[;] (o)
for prescribing the rates of
conversion charges; and (p)
as to the authority to
which, and the manner in which an application for permission for change of use
of land shall be made; and the manner in, and the authority, which conversion
charges, payable in respect thereof shall be fixed.] (2)
No rule made under
Sub-section (1) shall take effect until it is published in the Official
Gazette, and no such rule shall be made except after previous publication: Provided that any
such rule may be made without previous publication if the State Government
considers that it should, in public interest, be brought into force at once. (1)
Every Trust may, from time
to time malce regulations consistent with tliis Act and witii any rules made
under this Act by the State Government.- (a)
for fixing the amount of
security to be furnished by any officer or servant of the Trust from whom it may
be deemed expedient to require security, (b)
for associating members with
the Trust under Section 19, (c)
for appointing persons,
other than Trustees and persons associated with the Trust under Section 19, to
be members of committees under Section 20. (d)
for regulating the
delegation of power or duties of the Trust to committees or to the Chairman [or
to the Secretary or any other officer of the Trust, (e)
for regulating, summoning
and holding of meetings of the Trust and the committees appointed by it and the
conduct of business thereat, (f)
for the guidance of persons
employed by it under this Act. (g)
for prescribing the fees
payable for copies of documents delivered under Subsection (3) of Section 33 or
under Section 76. (h)
for permitting under Section
73 the improvement in the urban area of the management, use and regulation of
any land or building including its erection, reerection and enlarging of its
wall or any projecting portion, (i)
generally for carrying out
the purpose of this Act. (2)
All regulations made under
Sub-section (1) shall be subject to the sanction of the State Government and
shall, when so sanctioned, come into force upon their publication in the
Official Gazette. (1)
The Chairman shall cause all
rules made under Section 74 and all regulations made under Section 75 and for
the time being in force, to be printed and shall cause printed copies thereof
to be delivered to any applicant on payment of such fees as may be prescribed
by regulations. (2)
Notice of the fact of copies
of rules and regulations being obtainable at the said price and of the place
where and the persons from whom the same are obtainable shall be given by the
Chairman by advertisement in local newspaper. The State Government
may, after previous publication of its intention, rescind any regulations made
by the Trust which it has sanctioned, and thereupon the regulations shall cease
to have effect. CHAPTER 11 Procedure and Penalties Every notice or bill
which is required under this Act to bear the signature of the Chairman or of
any other Trustee or of any officer or servant of the Trust shall be deemed to
be properly signed if it bears a facsimile of the signature of the Chairman or
of such other Trustee or of such officer or servant as the case may be stamped
thereupon. Every public notice
given under this Act shall be in writing over the signature of any officer of
the Trust authorised in this behalf and shall be widely made known in the
locality to be affected thereby by affixing copies thereof in conspicuous
public places within the said locality, or by publishing the same by beat of
drum or by advertisement in local newspaper or by any two more of these means,
and by any other means that the Trust may think fit. (1)
All notices, orders and
other documents 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 dr
such rule or regulation, be deemed to be duly served- (a)
where the person to be
served is a company, if the documenMs addressed to the secretary of the company
as its registered office or at its principal office or place of business and is
either- (i)
sent by registered post, or (ii)
delivered at the registered
office or at the principal office or place of business of the company; (b)
where the person to be
served is a partnership, if the document is addressed to the partnership at its
principal place of business, indentifying 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; (c)
where the person to be
served is a public body or a corporation or society or other body, if the
document is addressed to the secretary, treasurer or other head office of that
body, corporation or" society at its principal office, and is either- (i)
sent by registered post, or (ii)
delivered at that office; (d)
in any other case, if the
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, if within the State 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
to that person. (3)
Any document which is
required or authorised to be served on the owner or occupier of any land or
building may be addressed to "the owner" or "the occupier",
as the case may be, of that land or building naming that land or building,
without further name of description, and shall be deemed to be duly served;- (a)
if the document so addressed
is sent or delivered in accordance with Claose (d) of Sub-section (1); or- (b)
If the document so addressed
or a copy thereof so addressed, is delivered to some person on the land or
building Or where there is no person on the land or building to whom it can be
delivered, is affixed to some conspicuous part of the land or building. (4)
Where a document is served
on a partnership in accordance with this section, the document shall be deemed
to be served on each partner. (5)
For the purpose of enabling
any document to be served on the owner of any property, the Trust may, by
notice in writing, require the occupier, if any, of the property to state the
name and address of the owner thereof. (6)
Where the person on whom a
document is to be served is a minor, the service upon his gardian or any adult
member of his family shall he deemed to be service upon the minor. (7)
A servant is not a member of
the family within the meaning of this section. Where, under this Act
or a notice given thereunder, the public or any person is required to do or to
refrain from doing anything, a person who fails to comply with such
requisition, shall, if such failure is not an offence punishable under any
other section, be liable, on conviction by a Magistrate to a fine not exceeding
five hundred rupees for every such failure and, in the case of a continuing
breach to a further fine which may extend to five rupees for every day after
the date of the first conviction during which the offender is proved to have
persisted in the breach. If a notice has been
given under-this Act to a person requiring him to execute a work in respect of
any property, movable or immovable, public or private, or to provide or do or
refrain from doing anything within a time specified in the notice, and if such
person fails to comply with such notice, then the Trust may cause such work to
be executed or such thing to be provide or done, and may recover all expenses
incurred by it on such account from the said person in the manner provided in
the Municipal law for the time being in force for the recovery of municipal
claims. (1)
If tjie person to whom the
notice mentioned in Section 82 has been given is the owner of the property in
respect of which it is given, the Trust may, whether any action or other
proceeding has been brought or taken against such owner or not require the
person, if any, who opcupies such property or a part thereof under such owner,
to pay to the Trust instead of to the owner, the rent payable by him in respect
of such property, as it falls due, wp to the amount recoverable from the owner
under Section 82; and any suchpayrnentmadeby the occupier to the Trust shall be
deemed to have been made to the owner of the property. (2)
For the purpose of deciding
whether action should be taken under Sub-section (1) the Trust may require an
occupier of property to furnish inforination as to the sum payable by him as
rent on account of such property and as to the name and address of the person
to whom it is payable and if the occupier refuses to furnish such information
he shall be liable for the whole of the expenses as if he was the owner. (3)
All moneys recoverable by
the Trust under this section shall be recoverable in the manner provided in the
Municipal law for the time being in force for the recovery of municipal claims. Whenever default is
made by the owner of a building or land in the execution of a work required
under this Act to be executed by him, the occupier of such building or land
may, with the approval of the Trust, cause such work to be executed, and the
expense thereof shall, in the absence of any contract to the contrary, be paid
to him by the owner or the amount may be deducted out of the rent from time to
time becoming, due from him to such owner. (1)
If after receiving
information of the intention of the owner of any building or land to take any
action in respect thereof in compliance with a notice issued under this Act,
the occupier refuses to allow such owner to take such action, the owner may
apply to a Magistrate of the first class. (2)
The Magistrate upon proof of
such refusal may make an order in writing requiring the occupier to allow the
owner to execute all such works, with respect to such building or land, as may
be necessary for compliance with the notice, and may also, if he thinks fit,
order the occupier to pay to the owner the costs relating to such application
or order. (3)
If, after the expiration of
eigtit days from the date of the Magistrates order, the occupier continues to
refuse to allow the owner to execute such work, the occupier shall be liable,
upon conviction, to a fine which may extend to twenty-five rupees for every day
during which he has so continued to refuse. (4)
Every owner, during the
continuance of such refusal shall be discharged from any penalties to which he
might otherwise have become liable by reason of his default in executing such
work. When the occupier of
a building or land has, in complianee with a notice given under this Act,
executed a work to which the owner of such building or land is responsible
either in pursuance of the contract of tenancy or by law he shall be entitled
to recover from the owner, by deduction from the rent payable by him or
otherwise, the reasonable cost of such work. (1)
When a person, by reason of
his receiving or being entitled to receive, the rent of immovable property as
trustee or agent of a person or society would, under this Act, be bound to
discharge an obligation imposed by this Act on the owner of the property and
for the discharge of which money is required, he shall not be bound to
discharge the obligation unless he has, or but for his own improper act or default,
might have had, in his hands funds belonging to the owner sufficient for the
purpose. (2)
When an agentor trustee has
claimed and established his right tP relief under this section, the trust may
give him notice to apply to the discharge of such obligation as aforesaid the
first moneys which come to his hands qn behalf, or for the owner and should he
fail to comply with such notice, he shall he, deemed tq be personally liable to
discharge such obligation. Whenever in this Act
or in any municipar law for the time being in force made applicable by Section
47 of this Act, it is provided that any sum shall be recoverable in the manner
provided for the recovery of municipal claims, then in applying those
provisions, all references to the Municipar Board shall be construed as
referring to the trust and all references to the Municipal Officer or the
Municipal Fund shall be construed as referring to the office of the Trust, to an
officer of the trust and the funds of the trust respectively. If any person,
without lawful authority-- (a)
removes any fence, or any
timber used for propping or supporting any building, wall or other thing, or
extiguishes any light set up at any place; where the surface of street or other
ground has been opened or broken up by the Trust for the purpose of carrying
out any work, or (b)
infrings any order given or
removes any bar, chain or post fixed by the trust for the purpose of closing
any street to traffic, he shall be punishable with fine which may extend to
fifty rupees. (1)
Any person who whether at
his own instance or at the instance of any other person, or any department of
Government, undertakes or carries out any improvement of any land in any urban
area, in conti-avention of the provisions of Sub-section (1) of Section 72,or
in contravention of any condition subject to which permission for undertaking
or carrying on any improvement has been granted under Section 73, shall be,
punishable with fine which may extend to five thousand rupees and in the case
of a continuing offence, with further fine which may extend to one hundredrupees
for every day during which such offence continues after conviction for the
first conunission of the offence. (2)
Any person who uses any land
or building in contravention of Sub-section (2) of Section 72, or in
contravention of the terms or conditions prescribed by regulations under the
proviso to that sub-section, shall be punishable with fine which may extend to
two thousand rupees. If any person without
the permission of the Trust erects, adds to or alters any building or wall so
as to make the same project beyond the street alignment or building, line shown
in any plan finally adopted by the Trust, (x x x) the Trust may, by a written
notice- (a)
d irect that the erection,
alteration or addition be stopped, and (b)
require such building or
wall to be altered or demolished, as it may deem necessary. If any person after
due notice given under Section 90 does not, stop erection, alternation or
addition, or does not demolisli or alter any building or wall he shall be
punishable with fine which may extend to five hundred rupees, or with simple
imprisonment, for a period of six months or with both and the said unauthorised
construction shall be demolished or altered by the order of the Magistrate
dealing with the case if so requested by the Trust. (1)
Where the erection of any
building in any urban area has been commenced or is being carried on, or has
been completed in contravention of the master plan or of any scheme sanctioned
and notified by the State Government or of the sanction of the Trust under Sub-section
(1) of Secdon 72 or without the permission obtained under Section 73, or in
contrevention of any rules or conditions subject to which such permission has
been granted, the Trust may, in addition to any prosecution that may be
instituted under this Act, make an order directing that such erection shall be
demolished by the owner thereof within such period not exceeding one months as
may be specified in the order and on the failure of the owner to comply with
the order, the Trust may itself cause the erection to be demolished and the
expenses of such demolition shall be recoverable from the owner as arrears of
land revenue: Provided that no such order shall be made unless the owner has
been given a reasonable opportunity to show cause why the order should not be
made. (2)
Any person aggrieved by an
order under Sub-section (1) may appeal to the Divisional Commissioner against
the order within 30 days from the date of the order of the Trust and the
Divisional Commissioner may after hearing the parties to the appeal either
dismiss the appeal or may reverse or vary the whole or any part of the order. (3)
The decision of the
Divisional Commissioner in the appeal shall be final and shall not be
questioned in any Court. (1)
Whoever uses any-land or
building in any urban area in coiitravention of the provisions of Sub-section
(2) of Section 72, any officer of the Trust empojvvered in this . behalf may,
in addition to any prosecution that may be instituted under the Act for such
improper use make an order requiring such person to stop such "improper
use immediately. (2)
Where such irnproper use is
not discontinued in pursuance of the requisition under Sub-section (1), the
Trust or the officer empowered in this behalf may require any police officer to
stop such improper use as may be specified in the requisition to the police and
to remove from such land or building, any person, other than the ovraer, making
the improper use, and such police officer shall comply with the requisition. (1)
Where the erection of any
building in an urban area has been commenced in contravention of the master
plan or any scheme sanctioned and notified by the State Government or of the
general approval of the Trust under Sub-section (1) of Section 72 obtained
under Section 73, or without such permission, approval or sanction has been
granted but such erection has not been completed, any officer of the Trust
empowered in this behalf may, in addition to any prosecution that may.be
instituted under this Act, make an order requiring the building operations in
relation to such erection to be discontinued on and from the date of service of
the order., (2)
Where such building operations
are not discontiniied in pursuance of the requisition under Sub-section (1),
the Trust or the Officer empowered in this behalf may required any Police
Officer to remove the person by whom the erection of the building has been
commenced and all his assistants and workmen from the place of the building
within such time as may be specified in the requisition and such Police Officer
shall comply with the requisition accordingly; (3)
After a requisition under
Sub-section (2) has been complied with, the officer empowered in this behalf
may depute by a written order a Police Officer or an Officer or employee of the
Trust to watch the place in order to ensure that the erection of the building
referred to in Sub-section (1) is not continued. (4)
Any person failing to comply
with an order under Sub-section (1) shall be punishable with fine which may
extend to two hundred rupees for every day during which the non-coinpliance
continues after the service of the order. (5)
No compensation shall be
claimed by any person for any damage which he may sustain in consequences, of
the discontinuation of the erection of any building. (1)
If the person committing an
offence under this Act, is a company, every person, who was responsible to 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 deligence in preventing the
commission of such offence. (2)
Notwithstanding anything
contained in Sub-section (1) when an offence under this Act has been committed
by a company and it is proved that the offence has been conuhitted with the
consent or connivance of or is attributable to any neglect on the part of any
Director, Manager, Secretary or other Officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly. Explanation.-For the purposes of this seption- (a)
Company means a body
corporate and includes a firm or other association of individuals, and- (b)
direictorin relation to a
firm irieans a partner in the firm. All fines reliased in
connection with the prosecution under this act shall be paid to the trust
concerned (1)
If the Trust after holding a
local enquiry or upon report from any of its officers or other information in
its possession is satisfied that the owner of any land in the urban area under
its control has failed to proyide any amenity in relation to the land, which in
the opinion of thg Trust ought to be provided, or to carry out any improvement
of the land for which permission has been obtained under this Act, it may serve
upon the owner a notice requiring him to provide the amenity or carry out the
improvement within such time as may be specified in the notice. (2)
If any such amenity is not
provide or any such improvement is not carried out within the tijne specified
in the notice, then the Trust may itself provide the amenity or carry out the
improvement or have it provided or carried out through such agency as it deems
fit: Provided that before
taking any action under this sub-section the Trust shall afford reasonable
opportunity to the owner of the land to show cause as to why such action should
not be: taken. (3)
All expenses incurred by the
Trust or the agency employed by it in providingthe amenity or carrying out the
improvement together with interest at such rate as State Government may by
order fix, from the date on which a demand for the expenses is made till their
payment may be recovered by the Trust from the owner as arrears of land
revenue. Where any urban area
has been improved by the Trust,,the Trust may require the municipality in whose
local limits the area so improved is situated to assume responsibility for the
maintenance of the amenities which have been provided by the Trust or the
amenities which have not been provided by the Trust but which in its opinion
should be provided in the area on terms and conditions agreed upon between the
Trust. and such municipality, and where such terms and conditions cannot be so
agreed upon, on terms and conditions setteled by the State Government in
consultation with the municipality on a reference of the matter to the State
Government by the Trust. If any person:- (a)
obstructs or molests any
person with whom the Trust has entered into of contract in the performance or
execution- by such person of his duty or anything which he is empowered of
required to do under this Act, or (b)
lemoves any mark set up for
the purpose of indicating any level or direction necessary to the execution of
works authorised under this Act, he shall be punishable with fine which may
extend to five hundred rupees or with imprisonment for a terra which may extend
to two months. (1)
Whoever- (a)
makes or continues to make
any enctpachment in any land or space not being private property, whether such,
land or space belongs to or vests in the Trust or not, except steps over, drain
in any public scfeet, or (b)
having made such
encroachment before coming Ihto force, of the Rajasthan Urban Improvement
(Second Amendment) Act, 1991, fails to femove such encroachment within fifteen
days firom the date of service of a notice In writing calling upon him to do so
by the Trust, shall on conviction, be punished with simple imprisonment which shall
not be less than one month but which may extend to three 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- (a)
makes or continues to make
any obstruction in any land or space not being private property, whether such
land or space belongs to or vests in the Trust or not, except steps over drain
in any public street; or (b)
having made such obstruction
before; coming into force of the Rajasthan Urban improvement (Second Amendment)
Act, 1991, fails to remove such obstruction within fifteen days from the date
of service of a notice in writing calling upon him to do so by the Trust,
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.Trnst or any, officer
authorised by it in this behalf shall have power to rernove any such
obstruction or encroachment and the expenses of such removal shall be paid by
the person who has caused the, said obstruction or encroachment. (4)
Whoever not being duly
authorised in that behalf removes earth, send or other material fiofh any land
for 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. (5)
Notwithstand anything
contained in the foregoing provision, the Trust 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 any thing attached to such land or space. (6)
Where any property is seized
or attached by an officer authorised by the Trust, he shall immediately make a
report of such seizure or attachment to the Trust. (7)
The Trust may make such
order as it tliinks 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 Trust may order it to be sold or otherwise disposed to. (8)
Where any property is sold,
as aforesaid, the sale proceed thereof after deduction of the expenses of any
sale or other incidental expenses relating thereto, shall: (a)
wjiere no order of confiscation
is ultimately passed by the Trust; 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 Trust may order confiscation of such
property. (10)
No order for confiscating a
property shall be made under Sub-section (9) unless the owiier 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 coivfiscate the
property; - (b)
an opportunity of making a
representation iri 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 the Act. (12)
Any person aggrieved by an
order made under Sub-section (7) or Sub-section (9), may, within one month from
the date of the communication to him of such order, appeal against it to the
District Judge of the District in which such property is seized or attached. (13)
On such appeal the District
Judge may, after giving an opportunity to the appellant and the respondent to
be heard, direct the order to be stayed pending disposal of the appeal, or may
modify, alter or amend the order and make any further orders that may be just. (14)
Whenever any property is
seized or attached pending confiscation under this section, the Trust or the
District Judge shall have, and notwithstanding anything to the contrary
contained in any other law for the time being in force, any other Court,
Tribunal, other authority shall not have, jurisdiction to make orders with
regard to the possession, delivery, disposal, release or distribution of such
property. (15)
Where any person is
prosecuted of an offence under Sub-section (1) or Subsection (2), the burden of
proving that he has not committed the offence shall be on him. (16)
Whoever, being an employee
of the Trust! specifically entrusted by an order of the Trust in writing 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 Trust. (17)
No investigation of an
offence under this section shall be made by an officer below the rank of a
Deputy Superintendent of Police. CHAPTER 12 Supplemental Provisions Every Trustee and
every officer and servant of the Trust shall be deemed to be a public servant
within the meaning of Section 21 of the Indian Penal Code. Every Trustee,
officer, or servant of the Trust shall be liable for the mis-application of any
money or other property owned by or vested in or placed at the disposal of the
Trust to which he has .been a party or for any loss or waste of siich money or
property which has been caused or facilitated by his misconduct. The Chairman,
secretary or other officer or person to whom executive powers are conferred by
or under this.Act shall be liable for such loss, waste or mis-application, if
it is a direct consequence of his neglect or has been caused or facilitated by
his misconduct The Trust shall be
liable to pay such contributions for the leave allowance and pension of every
Government servant employed as an officer or servant of the Trust as may be
required, by the conditions of his service under the Government, to be paid by
him or on his behalf. Unless otherwise
expressly provided, no Court shall take cognizance of any offence punishable
under this Act, except on the complaint of or upon information received from
the Trust or some person authorised by the Trust by general or special order in
this behalf. No Court other than
that of a Magistrate of the first class shall try any offence against this Act. (1)
The Trust may- (a)
institute, defend or
withdrew from any legal proceeding; (b)
compound any offence against
this Act; (c)
admit, compromise or
withdraw any claim made in any legal proceeding or otherwise; and . (d)
obtain such legal advice as
may from time to time be considered necessary or expedient, for any of the
purposes under this Act or for securing the lawful exercise or discharge of any
power or duty vested in or imposed upon the Trust or any officer or servant of
the Trust. (2)
The Trust may delegate to
any of its committees the power conferred on it under Sub-section (1) to be
exercised by such committee subject to such conditions and restrictions as may
be prescribed. No suit, prosecution
or other legal proceeding shall be maintainable against the Trust or any
Trustee, or any officer or servant of the Trust, or any person acting under the
direction of the Trust or the Chairman, or any officer or servant of the Trust
in respect of anything lawfuly and in good faith and with due care and
attention done under this Act. (1)
No suit shall be instituted
against the Trust or any Trustee, or any person associated with the Trust under
Section 19 or any member of a Committee appointed under Section 20 or any
officer or servant of the Trust, or any person acting under the direction of
the Trust, or of the Chairman or of any officer or servant of the Trust in
respect of an act purporting to be done under this Act, until the expiration of
two months next after notice in writing has been in the case of a Trust, left
at its office and, in any other case, delivered to or left at the office or
place, of the abode of the person to be sued, explicity stating the cause of
action, the nature of the relief sought, the amount of compensation claimed and
the name and place of abode of the intending plaintiff, and the plaint shall
contain a statement that such notice has been so delivered or left. (2)
If the Trust of other person
referred in Sub-section (1) shall, before the action is commenced have tendered
sufficient amends to the plaintiff, the plaintiff shall not recover any sum in
excess of the amount so tendered and shall also pay all costs incuaed by the
defendant after such tender. (3)
No action such as is
described in Sub-section (I) shall, unless it is an action for the recovery of
immovable property or of adeclaration of title thereon, be commenced otherwise
than within six months next after the accrual of the cause of action therefor. (4)
Nothing in Sub-section (1)
shall be construed to apply to a suit wherein the only relief claimed is an
injunction of which the object would be defeated by the giving of the notice of
the postponement of the conmiencement of the suit or proceeding. A copy of any
receipt, application, plan, notice, order, entry in a register or other
document in the possession of the Trust shall, if duly certified by the legal
keeper thereof or, the Secretary of the Trust or any person authorised by the
Trust 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 prove such matter. No trustee or officer
or servant of the Trust shall in any legal proceeding to which the Trust is not
a party be required to produce any register or document the contents of which
can be proved under the preceding section by a certified copy, of to appear as
a witness to prove the matters and transaction recorded therein unless by order
of the Court made for special cause. (1)
No act done or proceeding
taken under this Act shall be questioned on the ground merely of- (a)
the existence of any vacancy
ill, of any defect in the constitution of, the Trust or any committee; or (b)
any person having ceased to
be a trustee; of (c)
any trustee, or any person
associated with the Trust urider Section 19 or any other member of a committee
appiSihted under this Act having voted or taken part in any proceeding in
eoiltfaVehtiori of Section 23; or (d)
the failure to serve a
notice on any person, where no substantial injustice has resulted from such
failure; or (e)
any omission, defect or
irregularity not affecting the merits of the case. (2)
Every meeting of the Trust
shall be taken to have been duly convened and to be free from all defect and
irregularity. (1)
The Chairman or any other
person who may be authorised in that behalf by the State Govertunent may, with
or without assistants or workmen, enter into or upon any land in order.- (a)
to make any inspection,
survey, measurement, valuation or inquiry, (b)
to take levels, (c)
to dig or bore into the
sub-soil, (d)
to set out boundaries and
intended lines of work, (e)
toinarksuch levels
boundaries and lines by marks and cutting trenches, or (f)
to do any other thing. Whenever
it is necessary to do so for any of the purposes of this Act of any rule make
or scheme sanctioned thereunder or any scheme which the Trust intends to frame
thereunder: Provided as follows- (a)
except when it is otherwise
specially provided by rule, on such entry shall be made between sunset and
sunrise; (b)
except when it is otherwise
specially provided by rule, no building which is used as a human dwelling shall
be so entered, unless with the conserit of the occupier thereof, without giving
the said occupier at least twenty-four hours previous written notice of the
intention to make such entry; (c)
Sufficient notices 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; (d)
due regard shall always be
had, so far as may be compatible with the exigencies of the purpose for which
the entry is made to the social and religious usages of the occupants of the
premises entered. (2)
Whenever the Chairman enters
into or upon any land in pursuance of Sub-section (1) he shall at the time of
such entry pay or tender payment for all necessary damages to be done as
aforesaid, and, in case of dispute as to the sufficiency of the amount so paid
or tendered, he shall at once refer the dispute to the Trust whose decision
shall be final. (3)
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. In any case not
otherwise expressly provided for in this Act, the Trust may pay reasonable
compensation to any person, who sustains damage by reasoii of the excercise of
any of the powers vested uiider this Act in the Trust or the Chairman or any
officer or servant of the Trust. (1)
If, on account of any act or
omission, any person has been convicted of an offence under this Act, and by
reason of such act or omission, damage has occurred to any property of the
Trust, compensation shall be paid by the said, person for the said damage
notwithstanding any punishment to which he may, been sentenced for,the said
offence. (2)
In the event of dispute, the
amount of compensation payable by the said person shall be determined by the
Magistrate before whom he was convicted of the said offence. (3)
If the amount of any
compensation due under this section be not paid, the same shall be recovered
under a warrant from the said Magistrate as if it were a fine inflicted by him
on the person liable therefor. (1)
When all schemes sanctioned
under this Act have been executed or have been so far executed as to render the
continued existence of the trust in the opinion of the state government
unnecessary the state government may by notification declare that the trust
shall be dissolved from such date as may be specified in this behalf in such
notification and the Trust shall be deemed to be dissolved accordingly. (2)
From the said date- (a)
all properties, funds and
dues which are vested in or realisable by the Trust shall vest in and be
realisable by the Miinicipal Board; (b)
all liabilities which are
enforceable against the Trust shall be enforceable against the Municipal Board; (c)
for the purpose of
completing the execution of any scheme sanctioned under this Act, Which has not
been fully executed by the Trust, and,of realising properties, funds and dues
referred to in Clause (a) the function of the Trust under this Act shall be
discharged by the Municipal Board as if it were the Trust under this Act; and (d)
the Municipal Board shall
keep separate accounts of all moneys respectively received and expended by it
under this Act, until all loans raised hereunder have been repaid and until all
other liabilities to in Clause (b) have been duly met. (1)
The Alwar State Town and
Village Improvement Act, 1947, the City of Kota Improvement Act, 1946 and all
other corresponding laws or rules, in force in any part of the State shall
stand repealed in any area for which a Trust is constituted under this Act or
for which a master plan is ordered to be prepaid thereunder on and from the
date on which such Trust is constituted or such order is made: Provided that such
repeal shall not in any way affect anything done or action taken under the Act,
law or rule so repealed, previously to such coming into force. (2)
As from the date of the
establishment of an Improvement Trust under this Aci for area within the State,
hereinafter referred to as such establishment- (a)
the former Trust, if any,
functioning in that area shall stand dissolved; (b)
all lands and buildings (together
with all interests of whatsoever nature and kind therein) situated in such area
and vested or vesting in such former Trust immediately before such
establishment shall pass on to and vest in the Trust so established; (c)
all stores, articles and
other movable properties belonging to such former Trust immediately before such
establishment and utilised for or in connection with such area shall pass on to
and vest in the Trust so established; (d)
all appointments,
notifications, orders, schemes, rules forms, notices or byelaws made or issued
or any licence or permission granted by such former Trust immediately before
such establishment in or in connection with such area shall in so far as they
are not inconsistent with the provisions of this Act, continue in force and be
deemed to have been made, issued or granted under the provisions of this Act
unless and until they are superseded any appointment, notification, order,
scheme, rule, form, notice or bye-law made-or issued or any licence or
permission granted under the said provisions; - (e)
notwithstanding anything
contained in this Act, the validity of any declaration, application,
publication notification, appointment, order proposal, award, proceeding,
consultation, inqiiifyi certification, sanction, agreement, notice,- approval,
decision, dispute,.draft or final scheme or act made, held issued, entered
into, given, taken, decided, drawn up or done, or purporting to have been made,
hdd, issued entered into given, taken, decided, drawn up or done, as the case may
be, before such establishment in connection with such schemes shall not be
liable to be caliied in question in any Court or before any Tribunal or
authority: (f)
all debts, obligations and
liabilities, incurred all contracts entered into and all matters and things
engaged to be done by, with or for the former Trust immediately before such
establishment for or in connection with such area shall he deemed to have been
incurred, entered into and engaged to be done by, with or for the Trust so
established: (g)
all assessments, valuations,
measurements or divisions made by the former Trust imhiediately before such
establishment in or in connection with such area shall, in so far as they are
not inconsistent with the provisions of this Act, continue in force and be deemed
to Have been made under the provisions of this Act unless and until they are
superseded by any assessment, valuation, measurement or division made by the
Trust so established under the said provisions; (h)
all rates, taxes, fees,
rents and other sums of money due to the former Trust in, or in relation to,
such area immediately before such establishment shall be deemed to be diie to
the Trust so established; (i)
all rates, fees, rents and
othei: charges leviable in, or in relation to such area, shall imless and until
they are varied by the Trust so established, continue to be levied at the same
rate at which they were being levied by the former Trust immediately before
such establishment; (j)
all suits, prosecutions and
other legal proceedings instituted or which might have been instituted by or
against such former Trust immediately before such establishment for any matter
in relation to such area may be continued or instituted by or against the Truot
so established; and (k)
every officer or other
employee servings under such former Trust immediately before such establishment
in connection with such area shall be required to give an option to become an
officer or employee of the Trust so established, with such designation as the
Chairman may determine and hold office by the same tenure and at the same
remuneration and on the same terms and conditions of servicers he would have
held the same if the Trust had not been established, and shall continue to do
so unless and until such tenure, remuneration and terms and conditions are duly
altered by the Trust so established Provided that the
tenure, remuneration and terms and conditions of service of any such officer or
other employee shall not be altered to his disadvantage. [1] Omitted by Rsjasthan Act No. 29 of 1987 [2] Omilted
by Rajaslhan Act 29 of 1987 [3] Omilted
by Rajaslhan Act 29 of 1987 [4] Omilted
by Rajaslhan Act 29 of 1987 [5] Omilted by Rajaslhan Act 29 of 1987 [6] Omilted by Rajaslhan Act 29 of 1987 [7] Omilted by Rajaslhan Act 29 of 1987 [8] Omilted by Rajaslhan Act 29 of 1987 [9] Omilted by Rajaslhan Act 29 of 1987Rajasthan Urban Improvement Act,
1959
?[24 July 1959]
"Engineering operations" includes the formation or laying out of
means of access to a road or the laying out of means of water-supply,
electricity or drainage;
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Rajasthan Urban Improvement Act, 1959
Rajasthan Urban Improvement Act, 1959
Section - 1. Short title and extent :-
Section - 2. Interpretation :-
Section - 3. Power of State Government to order preparation of master plan :-
Section - 4. Contents of master plan :-
Section - 5. Procedure to be followed :-
Section - 6. Submission of master plan to Government :-
Section - 7. Date of operation of master plan :-
Section - 8. Establishment and incorporation of Trusts :-
Section - 9. Constitution of Trusts :-
Section - 10. Resignation of Trustee :-
Section - 11. Term of office of Chairman :-
Section - 12. Term of office of other Trustees :-
Section - 13. Commencement of term of office of first Trustees :-
Section - 14. Remuneration of Trustees :-
Section - 14A. Termination of appointment and re-constitution :-
Section - 15. Removal of Trustees :-
Section - 16. Disabilities of Trustees removed under Section 15 :-
Section - 17. Filling of casual vacancies :-
Section - 18. Conduct of Business by the Trust :-
Section - 19. Temporary association of members with the Trust for particular purposes :-
Section - 20. Constitution of committees :-
Section - 21. Functions of committees :-
Section - 21A. Delegation of powers, duties and functions of the Trust :-
Section - 22. Conduct of business of Committees :-
Section - 23. Trustees and associated members of Trust or committee not to take part in proceedings in which they are personally interested :-
Section - 24. Power to fix strength, salaries etc. of staff :-
Section - 24A. Power of transfer :-
Section - 25. Power of appointment etc :-
Section - 26. Control by Chairman :-
Section - 27. Delegation of Chairmans functions :-
Section - 28. Supply of inforniation and documents to the State Government :-
Section - 29. Schemes : matters to be provided therein :-
Section - 30. Matters to be considered when framing schemes :-
Section - 31. Scheme to conform to master plan :-
Section - 32. Previous notification of area for whicli sclieme is framed :-
Section - 33. Preparation, publication and transmission of notice as to schemes and supply of documents to applicants :-
Section - 34. Transmission to Trust of representation by Municipal Board as to schemes :-
Section - 35. Furnishing of copies of extracts from the assessment book of a local body :-
Section - 36. Abandonment of scheme or application to Government to sanction it :-
Section - 37. Power to sanction, reject or return scheme :-
Section - 38. Notification of sanction of scheme :-
Section - 39. Period for execution of a scheme :-
Section - 40. Alteration of Scheme after sanction :-
Section - 41. Combination of schemes :-
Section - 41A. Provision for previously sanctioned scheme :-
Section - 42. Transfer to Trust for purpose of scheme of building or land vested in Municipal Board :-
Section - 43. Nazul lands :-
Section - 44. Transfer of private street or square to Trust for purposes of scheme :-
Section - 45. Provisions of drain or waterwork to replace another situated on land vested in the Trust under Section 42 or Section 43 or Section 44 :-
Section - 46. Power of Trust to turn of close street or square vested in it :-
Section - 47. Power under the Municipal laws vested in the Trust :-
Section - 48. Transfer of duties etc. of Municipal Board to Trust :-
Section - 49. Power to make surveys or contribute towards their cost :-
Section - 50. Vesting in Municipal Board of street laid out or altered and open space provided by the Trust under Scheme :-
Section - 51. Power to purchase or lease by agreement :-
Section - 52. Compulsory acquisition of land :-
Section - 53. Compensation of compulsory acquisition of land :-
Section - 54. Appeal to the District Judge against decision of the Collector :-
Section - 55. Disputes as to apportionment of compensation :-
Section - 56. Appeals to the.High Court :-
Section - 57. Payment of compensation or deposit of the same in Court :-
Section - 58. Investment of the amount of compensation deposited in Court :-
Section - 59. Reference of disputes as to sufficiency or otherwise of compensation payable by the Trust under other provisions :-
Section - 59A. Provisions of the Rajasthan Land Acquisition Act not to apply to acquisition under this Act :-
Section - 59B. Construction of certain references in the Act :-
Section - 60. Disposal of land by the Trust :-
Section - 60A. Transitory provisions for pending matters relating to acquisition of land :-
Section - 61. Improvement Fund :-
Section - 62. Power of Trust to levy betterment charges :-
Section - 63. Assessment of betterment charge :-
Section - 64. Settlement of betterment charge by arbitrators :-
Section - 65. Payment of betterment charge :-
Section - 66. Custody, investment and application of Trust Fund :-
Section - 66A. Power of the Trust to borrow :-
Section - 67. Budget of the Trust :-
Section - 68. Accounts and Audit :-
Section - 69. Annual Report :-
Section - 70. Pension and Provident Funds :-
Section - 71. Failure to repay loans or other dues :-
Section - 72. Restriction on improvement in urban areas :-
Section - 73. Application for permission :-
Section - 73A. Sanction for sub-division or re-constitution of plots :-
Section - 73B. Restriction on change of use of land and power of State Government to allow change in use of land :-
Section - 74. Power of Government to make rules :-
Section - 75. Power of the Trust to make regulations :-
Section - 76. Printing and sale of copies of rules and regulations :-
Section - 77. Power of Government to cancel regulations made under Section 75 :-
Section - 78. Stamping signature on notices or bills :-
Section - 79. Public notice how to be made known :-
Section - 80. Service of notice, etc :-
Section - 81. Disobedience to act or to notice :-
Section - 82. Powers to Trust to execute works on failure to comply with notice :-
Section - 83. Liability of occupier to pay in default of owner :-
Section - 84. Right of occupier to execute works in default of owner :-
Section - 85. Procedure upon opposition of execution by occupier :-
Section - 86. Recovery of cost of work by the occupier :-
Section - 87. Relief to agents and trustees :-
Section - 88. Application of provisions relating to recovery of municipal claims :-
Section - 89. Penalty for removing fence etc. in street :-
Section - 89A. Penalty for improvements in contravention of the Act :-
Section - 90. Power to prevent or demolish building :-
Section - 91. Penalty for non-compliance with notice under Section 90 :-
Section - 91A. Order of demolition of buildings etc :-
Section - 91B. Power to stop improper use of land or buildings in urban areas :-
Section - 91C. Power to stop building operations :-
Section - 91D. Offences by Companies :-
Section - 91E. Fines payable to the Trust :-
Section - 91F. Defaults in providing amenities :-
Section - 91G. Power to require local authority to assume responsibility in certain cases :-
Section - 92. Penalty for obstructing contractor or removing mark :-
Section - 92A. Encroachment or obstruction upon public land :-
Section - 93. Trustees etc. deemed to be public servants :-
Section - 93A. Liability of Trustees and officers and servant of the Trust :-
Section - 94. Contribution by Trust towards leave allowance and pensions of Government servants :-
Section - 95. Authority for prosecutions :-
Section - 95A. Cognizance of offences :-
Section - 96. Power of the Trust as to legal matters :-
Section - 97. Indemnity to Trust etc :-
Section - 98. Notice of suit against Trust etc :-
Section - 99. Mode of proof of Trust records :-
Section - 100. Restriction on tlie summoning of Trust servants to produce documents :-
Section - 101. Validation of acts and proceedings :-
Section - 102. Power of entry :-
Section - 103. General power of Trust to pay compensation :-
Section - 104. Gompensation to be paid by offenders for damage paused by them :-
Section - 105. Ultimate dissolution of Trust and Transfer of its assets and liabilities to the Municipal Board :-
Section - 106. Repeal and Saving :-