RAJASTHAN
URBAN IMPROVEMENT (AMENDMENT) ACT, 1963 THE RAJASTHAN URBAN IMPROVEMENT (AMENDMENT) ACT, 1963 [Act No. 03 of 1963] [28th March, 1963] An Act further to amend the Rajasthan
Urban Improvement Act, 1959. Be it enacted by the
Rajasthan State Legislature in the Fourteenth Year of the Republic of India as
follows:-- This Act may be called the
Rajasthan Urban Improvement (Amendment) Act, 1963. In section 3 of the
Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 35 of 1959), hereinafter
referred to as the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:-- "(1) The State
Government may, by order, direct that in respect of and for any urban area in
the State specified in the order, a civic survey shall be carried out and a
master plan shall be prepared, by such officer or authority as the State
Government may appoint for the purpose." In section 9 of the
principal Act,-- (a)
in sub-section (1),-- (i)
the word "and" occurring at the end of clause (b) shall
be omitted; and (ii)
after clause (b), the following new clause shall be inserted,
namely:-- "(bb) the Chief Town
Planner or his nominee, and"; (b) to
sub-section (1), the following proviso shall be added, namely:-- "Provided that, where
the State Government" is of opinion that it is not expedient to establish
a Trust consisting of six or more members for any urban area, it may, by order,
direct that the Trust for such area shall consist of-- (a)
a chairman, (b)
one member of the Municipal Board, if any, having authority in the
urban area, and (c)
not more than two other members." (d)
in sub-section (2), after the words,'' brackets and figure
"sub-section (1)" the words, brackets and letter'" and in clause
(c) of the proviso thereto" shall be inserted In sub-section (1) of
section 14 of the principal Act, for the words "shall receive", the
words "may be paid from" shall be substituted. In sub-section (2) of
section 29 of the principal Act, in clause (h),-- (a)
after the words "the raising", the words "or
levelling" shall be inserted; and (b)
after the words "to raise", the words "or
level" shall be inserted. In section 37 of the
principal Act, after sub-section (2), the following new sub-section shall be
inserted, namely:-- "(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 comprising, in part, any area lying beyond the area for
which;, such Trust was established; (b)
upon such sanction being given, all previous notification issued,
notices as to schemes prepared, published and transmitted, objections,
suggestions or representations, if any, considered, applications for sanction
submitted and the notices regarding such submission published, in respect of
such scheme shall be deemed to have been duly issued, prepared, published and
transmitted, considered and submitted; and such area shall, notwithstanding
anything in section 8 be deemed to have been included, in the area for which
such Trust was established". In subsection (1) of
section 60 of the principal Act, for the words "master plan and the
scheme" occurring at the end, the words "master plan or the scheme or
both" shall be substituted. After section 73 of the
principal Act-, the following new section shall be added, namely:-- "73A. Sanction for
sub-division or reconstitution of plots.-- (1)
Any person who intends to subdivide or reconstitute 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
modifications 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 reconstitution 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 sanction granted
under sub-section (2) or despite refusal for the sanction 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 the Trust under this Act from the person in default: Provided that the
provisions of this section shall not apply to cases in which plots have been
allotted by the Trust or Government for residential purposes." In subsection (1) of
section 74 of the principal Act, after clause (b), the following new clauses
shall be inserted, namely:-- "(bb) for prescribing
standards for the sub-division or reconstitution of plots, layout of private
streets, etc. and, for provision of roads, lanes, water connections, electric
connections and other amenities to be provided for by the owner at his cost; (bbb) for prescribing the
particulars to be submitted under sub-section (1) of section 73A, and the
period during which the plan shall be sanctioned or refused under sub-section
(2) of the same;". After section 93 of the
principal Act, the following new section shall be inserted, namely:-- "93A. Liability of
Trustees and officers and servants of the Trust.-- Every Trustee, officer or
servant of the Trust shall be liable for the misapplication 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 such 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 misapplication, if it is a
direct consequence of his neglect or has been caused or facilitated by his
misconduct." After section 95 of the
principal Act, the following new section shall be inserted, namely:-- "95A. Cognizance of
offences.-- No court other than that of
a Magistrate of the first class shall try any offence against this Act." (1)
The Rajasthan Urban Improvement (Second Amendment) Ordinance, 1962
(Rajasthan Ordinance 5 of 1962) is hereby repealed. (2)
Not withstanding such repeal all rules made and ail actions taken
or anything done under the Rajasthan Urban Improvement (Second Amendment)
Ordinance, 1962 (Rajasthan Ordinance 5 of 1962), shall be deemed to have been
made taken or done under this Act as if this Act had commenced on the 17th
December, 1962.
Preamble - RAJASTHAN URBAN IMPROVEMENT (AMENDMENT) ACT, 1963PREAMBLE