RAJASTHAN
URBAN IMPROVEMENT (AMENDMENT) ACT, 1962 THE RAJASTHAN URBAN IMPROVEMENT (AMENDMENT) ACT, 1962 [Act No. 06 of 1962] [19th April, 1962] An Act to amend the Rajasthan Urban Improvement Act, 1959. Be it enacted by the
Rajasthan State Legislature in the Thirteenth Year of the Republic of India as
follows:-- This Act may be called the
Rajasthan Urban Improvement (Amendment) Act, 1962. In sub-section (1) of
section 2 of the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 85 of
1959), hereinafter referred to as the principal Act, after clause (xii), the
following new clause shall, as from the 30th day of December, 1961, be added
and be deemed to have been added, namely:-- "(xiii) "former
Trust" means any body, by whatsoever namme 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". After section 41 of the
principal Act, the following new section shall, as from the 30th day of
December, 19G1, be inserted and be deemed to have been inserted, namely:-- "41 A. Provision for
previously sanctioned schemes.-- 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". As from the 30th day of
December, 1961:-- (a)
section 106 of the principal Act shall be re-numbered and be
deemed to have been re-numbered as sub-section (1) of that section, and (b)
after sub-section (1), as so re-numbered, the following new sub
section shall be and be deemed to have been inserted, namely:-- "(2) As from the date
of the establishment of an Improvement Trust under this Act for any 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 pas3 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 utilized 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 bye-laws made or issued or any license 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 by any
appointment, notification, order, scheme, rule, form, notice or bye-law made or
issued or any license 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, inquiry, certification, sanction,
agreement, notice, approval, decision, dispute, draft or final schema or act
nude, hell, issued, entered into, given, taken, decided drawn up or done, or
purporting to have been made, held, 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 called 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 be 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 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 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 due to the Trust so established ; (i)
all rates, fees, rents and other charges leviable in, or in
relation to, such area, shall unless 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 Trust
so established; and (k)
every officer or other employee serving tinder 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 service as 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." The Rajasthan Urban Improvement
(Amendment) Ordinance, 1961 (Rajasthan Ordinance 14 of 1961) is hereby
repealed.
Preamble - RAJASTHAN URBAN IMPROVEMENT (AMENDMENT) ACT, 1962PREAMBLE