[28
of 2023] [14th
September 2023] An Act for forming Udaipur
City and certain contiguous areas into Udaipur Region, to provide for the
establishment of an Authority for the purposes of planning, co-ordinating and
supervising the proper, orderly and rapid development of the Udaipur Region and
of executing plans, projects and schemes for such development and to provide
for matters connected therewith. Whereas, Udaipur City and
areas contiguous to it are being progressively developed and populated, and the
necessity is being increasingly felt for forming these areas into Udaipur
Region and for setting up of an Authority for the purpose of planning,
co-ordinating and supervising the proper, orderly and rapid development of
these areas, in which several government departments, local authorities and
other organizations are at present engaged within their own jurisdictions; to
provide also that such Authority be enabled either itself or through other
authority to formulate and execute plans, projects and schemes for the
development of Udaipur Region so that housing, community facilities, civic
amenities and other infrastructure are properly created for the population of
Udaipur Region in the perspective of 2040 A.D. or thereafter including the
intermediate stages, and to provide for matters connected with the purpose
aforesaid; Be it enacted by the
Rajasthan State legislature in the Seventy-fourth Year of the Republic of
India, as follows:- CHAPTER 1 Preliminary (1)
This Act may be called the Udaipur
Development Authority Act, 2023. (2)
It shall extend to Udaipur Region Area. (3)
It shall come into force at once. In this Act, unless the
context otherwise requires,- (1)
"agriculture" includes
horticulture, fruit growing, seed growing, dairy farming, gardening, forestry,
livestock breeding or the use of land as a nursery, grazing land or any other
use of land which is ancillary to its cultivation or other agricultural
purposes and the word "agricultural" shall be construed accordingly; (2)
"amenities" include roads, bridges,
any other means of communication, transport, streets, open spaces, parks,
recreational grounds, play grounds, water, gas and electric supply, and source
of energy, street lighting, sewerage, drainage, conservancy, public works and
such other utilities, services and convenience as the State Government in
consultation with the Authority may, by notification in the Official Gazette,
specify to be an amenity for the purpose of this Act; (3)
"Authority" means the Udaipur
Development Authority constituted under section 3; (4)
"building operations" include
rebuilding operations, structural alterations of or additions to buildings and
other operations undertaken in connection with the construction of buildings; (5)
"development", with its grammatical
variations, means the carrying out of building, engineering, mining or other
operations in, or over, or under any land (including land under river, lake or
any other water) or the making of any material change in any building or land
or in the use of any building or land and includes re-development and lay out,
and sub-division of any land and also the provision of amenities and projects
and schemes for development of agriculture, horticulture, floriculture,
forestry, dairy development, poultry farming, piggery, cattle breeding,
fisheries and other similar Activities and "to develop" shall be
construed accordingly; (6)
"development area" means the area
declared as such under sub-section (1) of section 29 and in which development
is proposed to be undertaken within a reasonable period through schemes, projects
or otherwise; (7)
"Government" means Government of
the State of Rajasthan; (8)
"land" includes benefits to arise
out of land, and things attached to the earth, or permanently fastened to
anything attached to the earth; (9)
"local authority" means a Municipality
or Panchayat; (10)
"Municipality" means a Municipality
established under the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009)
in Udaipur Region; (11)
"occupier" includes- (a)
an owner or any person who, but for a
contract, express or implied, is paying or is liable to pay rent to the owner
of any building or land; or (b)
any person who is liable to pay to the owner
of any land or building, damages for wrongful occupation of the whole or part
of any such building or land; and (c)
rent-free occupant of any building or land; (12)
"owner" includes the person who,
but for a contract, express or implied, for the time being is receiving or is
entitled to receive, whether on his own account or as an agent, trustee,
guardian, manager or receiver for another person, or for any religious or
charitable institution, the rent or profits of any building or land; (13)
"Panchayat" means a panchayat
established under the Rajasthan Panchayati Raj Act, 1994(Act No. 13 of 1994) in
Udaipur Region; (14)
"plan" means a master development
plan or a zonal development plan prepared or deemed to be prepared under this
Act, and the expression "any plan" shall be construed accordingly; (15)
"prescribed" means prescribed by
rules made under this Act; (16)
"public purpose" includes any
purpose which is useful to the public or any class or section of the public and
the requirement of land reserved or designated in a plan, project or scheme or
for any other purpose under this Act; (17)
"regulation" means a regulation
made by the Authority under this Act; (18)
"rule" means a rule made by the
Government under this Act; (19)
"Tribunal" means Tribunal
constituted under the provisions of this Act; (20)
"Udaipur Region" means the areas in
the limits of the city, towns and villages specified in the Schedule. The State
Government may, from time to time, in the notification published in the
Official Gazette, amend that Schedule by adding thereto or deleting therefrom
any area specified in such notification and thereupon the modified area shall
be the Udaipur Region; (21)
"Zone" means any of the division in
which Udaipur Region may be divided for the purposes of development under this
Act; and (22)
words and expressions used in this Act, but
not defined herein, shall have the same meanings as assigned to them in the
Rajasthan Urban Improvement Act,1959 (Act No. 35 of 1959) and the Rajasthan
Municipalities Act, 2009 (Act No. 18 of 2009). CHAPTER 2 Establishment
and Constitution of the Authority (1)
As soon as may be, after the commencement of
this Act, the State Government shall, by notification in the Official Gazette,
establish for the purposes of this Act, an Authority to be called "the
Udaipur Development Authority" (hereinafter referred to as "the Authority"). (2)
The Authority shall be a body corporate by
the name aforesaid having perpetual succession and a common seal with power,
subject to the provisions of this Act to acquire, hold and dispose of property,
both movable and immovable, and to contract and may sue or be sued by its
corporate name aforesaid. (3)
The Authority shall be deemed to be a local
authority within the meaning of the term "local authority" as defined
in the Rajasthan General Clauses Act,1955 (Act No. 8 of 1955). (1)
The Authority shall consist of the following
members, namely:- (i)
a Chairman, who shall be appointed by the
State Government; (ii)
Udaipur Development Commissioner, Udaipur who
shall be the ViceChairman; (iii)
Secretary to the Government, Urban Governance
(Development and Housing Department) or his representative not below the rank
of Deputy Secretary; Explanation.- For the
purpose of this clause, the expression "Secretary" means the
Secretary to the Government in charge of a department and including an
Additional Chief Secretary and a Principal Secretary when he or she is in
charge of the department; (iv)
Deputy Housing Commissioner, Rajasthan
Housing Board, Udaipur (Udaipur Region); (v)
Additional Chief Engineer, Public Health
Engineering Department, Udaipur; (vi)
Additional Chief Engineer, Public Works
Department, Udaipur; (vii)
District Collector, Udaipur; (viii)
Chief Managing Director, Ajmer Vidyut Vitran
Nigam Ltd., Ajmer; (ix)
Mayor/Administrator, Municipal Corporation,
Udaipur; (x)
Zila Pramukh of Zila Parishad, Udaipur; (xi)
Senior Town Planner, Udaipur; (xii)
Non-official members, not exceeding seven, to
be nominated by the State Government; and (xiii)
Secretary, Udaipur Development Authority-Who
shall be the MemberSecretary. (2)
Besides the members referred to in
sub-section (1) the State Government, if it so thinks fit, may also appoint the
Chairman of any Functional Board as member of the Authority. (3)
The Chairman of the Authority shall supervise
and control all the activities on behalf of the Authority and shall exercise
such powers and perform such duties as are conferred on him under this Act and
exercise such other powers and perform such other duties as the Authority may,
by regulations, from time to time, determine. He may also modify, subject to
confirmation by the Authority, in its next meeting, the decisions of officers
of Authority and committees constituted under the provisions of this Act. (4)
The Vice-Chairman shall exercise such powers
and perform such duties as the Chairman of the Authority may, by order,
delegate to him and shall, during the absence of the Chairman, perform the
functions and exercise the powers of the Chairman. (5)
The members shall receive such allowances for
meeting the personal expenditure in attending the meetings of the Authority or
any committee or body thereof or in performing any other functions as members,
as may be prescribed. (6)
Where a person becomes or is nominated as a
member of the Authority by virtue of holding any office or being a member of
the Parliament or State Legislature or any local authority or any other
authority, Corporation, Council, Board or body, whether incorporated or not, he
shall cease to be a member of the Authority as soon as he ceases to be holder
of that office or such member as the case may be. (7)
A member of the Authority, other than
ex-officio members, may, at any time by writing under his hand addressed to the
Chairman, resign his office but shall continue as member until his resignation
is accepted by the Chairman. (8)
The term of the non-official members of the
Authority nominated under clause (xii) of sub-section (1) shall be for a period
of two years: Provided that in the event
of the office of any aforesaid member becoming vacant by reason of death,
removal, resignation or otherwise, the vacancy shall be filled up by fresh
nomination according to the provisions of clause (xii) of sub-section (1). (9)
No act or proceeding of the Authority, or of
any board, committee or other body thereof shall be deemed to be invalid at any
time merely on the ground that any of the members of the Authority or such body
are not nominated, appointed or for any other reason are not available to take
office at the time of the constitution or any meeting of the Authority, or such
body or any person is a member in more than one capacity, or there are one or
more vacancies in the offices of any members of the Authority or such body. (1)
The Authority shall meet atleast once in six
months at such place and at such time as the Chairman may decide and shall,
subject to the provisions of section 6, observe such rules of procedure in
regard to the transaction of business at its meeting (including the quorum
thereat) as may be laid down by regulations. (2)
The Chairman or in his absence, the
Vice-Chairman shall preside at every meeting of the Authority. If for any
reason both the Chairman and the Vice-Chairman are unable to attend any
meeting, any other member of the Authority, elected by the members thereof,
present at the meeting, shall preside. (1)
A member of the Authority, who has or
acquires, directly or indirectly any share or pecuniary or other interest in
any contract, loan, arrangement or proposal entered into, or proposed to be
entered into, by or on behalf of the Authority shall cease to be a member of
the Authority: Provided that a member shall
not be deemed to have any such share or interest by reason only of his being a
share holder of a public limited company/concern in any such contract, loan,
arrangement or proposal or that he himself or any relation of his, is employed
by or on behalf of the Authority or he has such share or interest in his
capacity as a member of the Authority or his property, or any property in which
he has a share or interest, is or is being acquired or taken on lease by or on
behalf of the Authority by agreement or according to any law for the time being
in force. (2)
If any question arises whether a member of the
Authority has become subject to the disqualifications mentioned in sub-section
(1), the question shall be referred for the decision of the State Government
and its decision shall be final. (1)
There shall be an Executive Committee of the
Authority consisting of the following members, namely:- (i)
Udaipur Development Commissioner; who shall
be the Chairman; (ii)
representative of Secretary, Urban Governance
(Development and Housing) not below the rank of Deputy Secretary; Explanation.- For the
purpose of this clause, the expression "Secretary" means the
Secretary to the Government in charge of a department and including an
Additional Chief Secretary and a Principal Secretary when he or she is in
charge of the department; (iii)
Secretary, Udaipur Development Authority who
shall be the MemberSecretary of the Committee; (iv)
Additional Chief Engineer, Public Works
Department, Udaipur Region, Udaipur, Rajasthan; (v)
Additional Chief Engineer, Public Health
Engineering Department, Udaipur Region, Udaipur Rajasthan; (vi)
Managing Director, Ajmer Vidyut Vitaran Nigam
Limited or his representative not below the rank of a Chief Engineer; (vii)
Managing Director, Rajasthan State Industrial
and Investment Corporation Limited or his representative not below the rank of
a General Manager; (viii)
Managing Director, Rajasthan State Road
Transport Corporation or his representative not below the rank of a General
Manager; (ix)
Deputy Director, Tourism, Udaipur; (x)
Director, Engineering of the Authority; (xi)
Director, Town Planning of the Authority; (xii)
Director, Finance of the Authority; (xiii)
Director, Law of the Authority; (xiv) District
Collector, Udaipur; (xv)
Superintendent of Police, Udaipur; and (xvi) The
Commissioner, Municipal Corporation, Udaipur. (2)
The Executive Committee shall exercise the
following powers and perform the following duties, namely:- (i)
organisation of the divisions and operational
units of the Authority; (ii)
preparation of drafts of regulations and
recommending to the Authority for making them; (iii)
operation of the Udaipur Region Development
Funds; (iv)
preparation of projects and schemes; (v)
approval or rejection of tenders for projects
and schemes; (vi)
creation of posts under the Authority upto
such level as may be determined by regulations with the prior approval of the
Government; (vii)
borrowing and reborrowing of money required
by the Authority; (viii)
investment of surplus money of the Udaipur
Region Development Fund; (ix)
making of grants, subventions, loans or
advances to, or sharing expenses with, any local or other authority or person
for projects and schemes; (x)
institution or withdrawal of legal
proceedings on behalf of the Authority; and (xi)
delegation of any of its powers and duties to
its Chairman or any officer of the Authority. (3)
In addition to the powers and duties
conferred on it under other provisions of this Act, the Executive Committee
shall exercise such other powers and perform such other duties as may be
delegated to it by the Authority from time to time. (4)
The Executive Committee shall meet at such place
and at such time as may be determined by its Chairman and shall observe such
rules of procedure in regard to transaction of business as may be determined by
regulations. (1)
The State Government shall appoint any of its
officer as Udaipur Development Commissioner on such salary and allowances and
on such terms and conditions of service as may be determined by the State
Government. He shall be the Chief Executive of the Authority and shall
supervise and control all its officers and servants, including any officer of
Government appointed, from time to time, on deputation to the Authority, or to
the Executive Committee, or any other committee or any Functional Board or any
body thereof. He shall be responsible for collection of all sums due to the
Authority and payment of all sums payable by it. He shall ensure adequate
security of all assets including cash balances of the Authority. Besides the
said powers and duties and the powers and duties delegated by the Authority or
the Executive Committee or any other committee or any Functional Board or any
body thereof, he shall also exercise the following powers, perform the
following functions and discharge the following duties, namely:- (i)
management and supervision of operational
units of the Authority; (ii)
except as otherwise provided, appointment of
the staff as per strength sanctioned by the Authority or the Executive
Committee, as the case may be, including their removal, dismissal or otherwise
punishing them in accordance with the regulations made by the Authority; (iii)
promulgation of internal procedure for
management of the Authority; (iv)
administration of Projects and Schemes of the
Authority; (v)
grant of any permission required to be given
under this Act or refusal thereof on behalf of the Authority; (vi)
calling tenders, scrutinise them and approve
or reject them where the value does not exceed rupees one crore and where the
value exceeds rupees one crore making recommendation to the Executive Committee; (vii)
executing agreements and entering into
contract for and on behalf of the Authority; and (viii)
all other powers, functions and duties as may
be determined by regulations. (2)
To aid and advise the Udaipur Development
Commissioner, the State Government shall appoint the following Directors:- (i)
Director, Engineering who shall not be below
the rank of Chief Engineer of civil construction; (ii)
Director, Town Planning who shall not be
below the rank of Senior Town Planner and Architectural Advisor; (iii)
Director, Finance who shall be not below the
rank of Senior Accounts Officer; and (iv)
Director, Law who shall be not below the rank
of a District Judge or a Joint Legal Remembrancer of the Rajasthan State Legal
Service. (3)
The State Government shall appoint a
Secretary of the Authority who shall also act as Secretary of the Executive
Committee, other committees, if any, and all Functional Boards. He shall,
subject to the control and supervision of the Udaipur Development Commissioner,
record the minutes of the proceedings of the Authority, Executive Committee,
all Functional Boards, committees or any body of the Authority, maintain the
minute book for the same along with all record relevant thereto and shall
exercise such powers, perform such functions and discharge such duties as may
be delegated to him by the Authority, the Executive Committee, Udaipur
Development Commissioner or any Functional Board. (4)
The State Government may also appoint one or
more Additional Commissioners and Additional Secretaries to assist the Udaipur
Development Commissioner and they shall perform such functions and discharge
such duties as may be delegated to them by the Udaipur Development
Commissioner. (5)
The officers appointed under sub-sections
(2), (3) and (4) shall be deemed to be officers of the Authority and their
salary and allowances and their terms and conditions of service shall be such
as may be determined by the State Government. The Authority or in case the
powers are delegated by it, the Executive Committee may, from time to time,
sanction creation of posts of all other officers and servants with the prior
approval of the Government, except the officers referred to in section 8, subordinate
to the Authority including Executive Committee, any other committee, any
Functional Board or any other body as it thinks necessary. The conditions of
appointment and service, strength of the cadre and the powers, functions and
duties of such officers and servants shall be such as may be determined by
regulations. (1)
The Authority may constitute committees
consisting wholly of members of such Authority or partly of members of such
Authority and partly of other persons in such manner and for such purposes and
functions as may be specified by the Authority by regulations. (2)
The committees constituted under this section
shall meet at such place and at such time and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be
provided by regulations. (3)
The members of the committees may be paid
such allowances for meeting the personal expenditure in attending the meetings
and for attending to any other work of the committees as may be prescribed. All proceedings of the
Authority, the Executive Committee, other committees and the Functional Boards
shall be authenticated by the signatures of the Chairman of the Authority, the
Executive Committee, other committee, or the Functional Board, as the case may
be, or of any member thereof authorised by the Chairman in this behalf and all
other orders and instruments of the Authority shall be authenticated by the
Udaipur Development Commissioner or by any other officer of the Authority
authorised by him in this behalf. The Authority, the Executive
Committee, the Udaipur Development Commissioner or a Functional Board may
invite any officer of the State Government or local authority or other
authority or any person to attend its meeting or meetings as a special or
permanent invitee for the purpose of assisting or advising it on any matter or
matters. The officers or the persons so invited may take part in the proceeding,
but shall have no right to vote. CHAPTER 3 Constitution
of Functional Boards (1)
As soon as may be after the Authority is
established under sub-section (1) of section 3, the State Government shall, by
order, constitute a Functional Board to be called as the "Udaipur Traffic
Control Board" under the Authority. (2)
The Udaipur Traffic Control Board shall
consist of the following members, namely:- (i)
Udaipur Development Commissioner, who shall
be the Chairman; (ii)
District Magistrate, Udaipur; (iii)
Superintendent of Police, Udaipur; (iv)
Secretary, Udaipur Development Authority; (v)
Regional Transport Officer, Udaipur,
Rajasthan; (vi)
General Manager (Operation), Rajasthan State
Road Transport Corporation, Zone Udaipur; (vii)
Additional Chief Engineer, Public Works
Department, Udaipur; (viii)
Additional Chief Engineer, Public Health
Engineering Department, Udaipur; (ix)
Representative of the Ajmer Vidyut Vitran
Nigam Limited, not below the rank of an Additional Chief Engineer; (x)
Director, Engineering of the Authority; (xi)
Director, Town Planning of the Authority; (xii)
Director, Finance of the Authority; (xiii)
Mayor/Administrator, Municipal Corporation,
Udaipur; and (xiv) two
persons to be nominated by the Chairman of the Authority. (3)
The Udaipur Traffic Control Board shall
exercise the following powers and perform the following duties, namely:- (i)
to prepare a Master Plan for traffic control
in Udaipur City and to take steps in a phased manner for its implementation; (ii)
to take steps to modernise the traffic control
system; (iii)
to lay down the policy for issuing traffic
licences of light and heavy vehicles; (iv)
to determine policy for one way traffic, to
impose restrictions for certain hours on certain kind of traffic on certain
roads, to bar certain vehicles on certain roads, to determine parking places,
stands, stops and cycle ways and other matters connected therewith; (v)
to lay down guidelines for raising
sign-signals, barriers and speed breakers; (vi)
to grant permission to any person, Government
Department (Central or State), any local authority or any other body to cut the
roads for various purposes and to impose conditions thereof; (vii)
to demolish traffic hazards, obstacles and to
determine compensation in such cases in accordance with regulations; (viii)
to solicit help of the citizens and
associations of repute to advise and raise funds for traffic control and
traffic education in accordance with the rules; (ix)
to organise traffic education; and (x)
to perform all other activities pertaining to
the improvement and control of traffic and such other functions as may be
directed by the Authority. (1)
On the advice of the Authority, the State
Government may, from time to time, by order published in the Official Gazette,
constitute, (i) a Transport and Communications Board, (ii) a Water Resources
Management Board, (iii) a Housing, Urban Renewal and Ecology Board and other
Functional Boards for achieving the objects of the Authority with such names as
it deems fit to specify, each having membership as provided in sub-section (2). (2)
Each Functional Board constituted by the
State Government under sub-section (1) shall consist of a Chairman and such
other members (not exceeding five) as may be appointed by the State Government.
At least two of the members shall be persons who have special knowledge and
experience of the subject to be dealt with by the Functional Board. (3)
The State Government may, if it thinks fit in
public interest so to do, terminate the appointment of Chairman or any member
of any Functional Board constituted under subsection (1) or reconstitute the
same at any time. (4)
Each Functional Board shall, in respect of
the subject, on areas within its purview,- (a)
plan, identify projects and schemes, initiate
surveys and conduct investigations (either by itself or engaging other agencies
as appropriate) and prepare programmes and proposals for investment purposes
for the consideration of the Authority, indicating the authorities and agencies
to be entrusted with the execution thereof; (b)
advise the Authority, Executive Committee or
the Udaipur Development Commissioner; (c)
implement any project or scheme, entrusted to
it by the Authority or Executive Committee; and (d)
exercise such other powers and perform such
other functions and duties as may be delegated to it by the Authority or as may
be assigned to it by the Executive Committee or the Udaipur Development
Commissioner from time to time. (1)
All Functional Boards constituted under this
Chapter shall meet at such place and at such time as may be determined by its
Chairman and shall observe such rules of procedure in regard to the transaction
of business at its meeting as may be determined by regulations. (2)
The members of the Functional Boards may be
paid such allowances for meeting the personal expenditure in attending meeting
and for attending to any other work of the Board, as may be prescribed. CHAPTER 4 Powers
and Functions of the Authority The main object of the
Authority shall be to secure the integrated development of the Udaipur Region
and for that purpose the functions of the Authority shall be:- (a)
urban planning including the preparation or
Master Development plan and Zonal Development Plans and carrying out surveys
for the purpose and also making alterations therein as may be deemed necessary; (b)
formulation and sanction of the projects and
schemes for the development of the Udaipur Region or any part thereof; (c)
execution of projects and schemes directly by
itself or through a local authority or any other agency; (d)
to make recommendations to the State
Government on any matter or proposal requiring action by the State Government,
Central Government, any local authority or any other authority for overall
development of the Udaipur Region; (e)
participation with any other authority for
the development of the Udaipur Region; (f)
co-ordinating execution of projects or
schemes for the development of the Udaipur Region; (g)
supervision or otherwise ensuring adequate
supervision over the planning and execution of any project or scheme, the
expenses of which, in whole or in part are to be met from the Udaipur Region
Development Fund; (h)
preparing schemes and advising the concerned
authorities, departments and agencies in formulating and undertaking schemes
for development of agriculture, horticulture, floriculture, forestry, dairy
development, transport, communication, schooling, cultural activities, sports,
medicare, tourism entertainment and similar other activities; (i)
execution of projects and schemes on the
directions of the State Government; (j)
undertaking housing activity in Udaipur
Region: Provided that the
delineation of responsibility for housing between Rajasthan Housing Board and
the Authority will be made by the State Government effective from the date to
be fixed by it; (k)
to acquire, hold, manage and dispose of
property, movable or immovable, as it may deem necessary; (l)
to enter into contracts and agreements or
arrangements with any person or organisation as the Authority may deem
necessary for performing its functions; (m)
to prepare Master Plan for traffic control
and management, devise policy and programmes of action for smooth flow of
traffic and matters connected therewith; (n)
to perform functions designated by the State
Government in the areas of urban renewal, environment and ecology transport and
communication, water energy resource management directly or through its
Functional Board or other departments/agencies as the State Government may
specify; (o)
regulating the posting of bills,
advertisement hoardings, signpost and name boards in Udaipur Region or in any
part thereof as specified by the Authority; (p)
regulating the erection or re-erection of
buildings and projections, making material alterations therein and providing
for open spaces in Udaipur Region or in any part thereof as specified by the
Authority; (q)
removing obstructions and encroachments upon
public streets, open spaces and properties vesting in the Government or the
Authority; (r)
to do all such other acts and things which
may be necessary for, or incidental or conducive to, any matters which arise on
account of its activity and which are necessary for furtherance of the objects
for which the Authority is established; and (s)
to perform any other functions that the State
Government may designate in furtherance of the objectives of this Act. (1)
Notwithstanding anything contained in any law
for the time being in force, except with the previous permission of the
Authority, no authority or person shall undertake any development within the
Udaipur Region of the type as the Authority may from time to time specify, by
notification published in the Official Gazette, and which is likely to
adversely affect the overall development of the Udaipur Region. (2)
Any authority or person desiring to undertake
development referred to in subsection (1) shall apply in writing to the
Authority for permission to undertake such development: Provided that such person
may apply for such permission through the concerned local authority and such
local authority shall forward his application to the Authority with its
recommendations, if any. (3)
The Authority shall, after making such
enquiry as it deems necessary and within sixty days from the receipt of an
application under sub-section (2), grant such permission without any conditions
or with such conditions as it may deem fit to impose or refuse to grant such
permission. If such permission is not granted or refused within sixty days as
aforesaid, the applicant may, by a written communication presented in person or
through his authorised representative to the Secretary of the Authority or any
other officer nominated by him in this behalf, call the attention of the
Authority to the omission or neglect in granting or refusing permission, and if
such omission or neglect continues for a further period of thirty days from the
receipt of such communication, the Authority shall be deemed to have permitted
the proposed development and such development may be proceeded within the
manner specified in the application: Provided that nothing herein
contained shall be construed to authorise any person to act in contravention of
any provision of this Act or the rules, regulations or order made thereunder,
relating to any matters other than the requirement of obtaining permission of
the Authority before undertaking or carrying out any improvement under this
Act. (4)
Any authority or person aggrieved by the
decision of the Authority under subsection (3), may, within thirty days, appeal
against such decision to the State Government whose decision shall be final: Provided that where the
aggrieved authority submitting such appeal is under the administrative control
of the Central Government the appeal shall be decided by the State Government
after consultation with the Central Government. (5)
In case any person or authority does anything
contrary to the decision given under this section, the Authority shall have power
to pull down, demolish or remove any development undertaken contrary to such
decision and recover the cost of such pulling down, demolition or removal from
the person or authority concerned. (1)
Notwithstanding anything contained in any
other law for the time being in force, the Authority may give such directions
to any local authority or other authority or person, with regard to the
implementation of any project or scheme financed under section 16, as it thinks
fit and any such local authority or other authority or person shall be bound to
comply with such directions. (2)
Where any direction is given to any local
authority, other authority or person under sub-section (1), such authority or
person may, within fifteen days from the date of receipt of such direction,
appeal to the State Government against such direction, and the decision of the
State Government thereon shall be final. (3)
The Authority shall so exercise the powers of
supervision referred to in clause (g) of section 16, as may be necessary to
ensure that each project or scheme is executed in the interest of the overall
development of the Udaipur Region and in accordance with any plan, project or
scheme duly approved under any law for the time being in force or by the State
Government. (1)
Where any amenities are provided by the
Authority, the Authority may assume responsibility for the maintenance of the
amenities which have been provided by it or may require the local authority or
any other authority, within whose jurisdiction the area so developed is
situated, to assume such responsibility. (2)
The Authority, may also require the local
authority or any other authority to make provision for such other amenities as
may be specified by it and which have not been provided by the Authority, on
such terms and conditions as may be agreed upon and where terms and conditions
cannot be agreed upon, on such terms and conditions as may be specified by the
State Government in consultation with the local authority or any other
authority, as the case may be, and the Authority. (1)
Where the Authority is satisfied that any
direction given by it under sub-section (1) of section 18 with regard to any
project or scheme has not been carried out by the local authority or other
authority or person referred to therein, within the time specified in the
direction, or that any such authority or person is unable to fully implement
any project or scheme undertaken by it for the development of any part of the
Udaipur Region, the Authority may, with the sanction of the State Government,
itself undertakes any works and incur any expenditure for the execution of such
projects or implementation of such schemes, as the case may be. (2)
The Authority may also undertake any works in
the Udaipur Region in accordance with the Master Development Plan or the Zonal
Development Plan or any other project or scheme, as the case may be, as may be
directed by the State Government and may incur such expenditure as may be
necessary for the execution of such work. Such direction may be issued to the
Authority only where in the opinion of the State Government- (a)
there is no other suitable authority to
undertake such work; or (b)
where there is such an authority but it is
unwilling or unable to undertake such work; or (c)
where the Authority has specifically
requested the State Government to entrust such work to it. (3)
Where any work is undertaken by the Authority
under sub-section (1), it shall be deemed to have, for the purpose of the
execution of such work, all the powers which may be exercised by or under any
law for the time being in force by the local authority or other authority or
person referred to in sub-section (1). (4)
The Authority may, for the purpose of
sub-sections (1) and (2), undertake the survey of any area within the Udaipur
Region and for that purpose it shall be lawful for any member, officer or
servant of the Authority- (a)
to enter in or upon any land to take level of
such land; (b)
to dig or bore into the sub-soil; (c)
to mark levels and boundaries by placing
marks and cutting trenches; and (d)
where otherwise the survey cannot be
completed or levels and boundaries marked, to cut down and clear away any fence
or jungle: Provided that, before
entering upon any land, the Authority shall give notice of its intention to do
so in such manner as may be specified in the regulations. CHAPTER 5 Master
Development Plan and Zonal Development Plans (1)
The Authority, with a view to securing
planned integrated development and use of land, shall carry out a civic survey
of and prepare a Master Development Plan for Udaipur Region. (2)
The Master Development Plan shall precisely
define the quality of life that a citizen of Udaipur Region could desirably be
expected to lead in (i) medium range perspective of the year 2031 A.D. (ii)
long term perspective of the year 2040 A.D. and thereafter, and (iii) such
other intermediate stages, as the State Government may direct, balanced and
time targeted development to sub-serve the needs of the growing city of Udaipur
and other areas of Udaipur Region, the network of public utilities, civic
amenities, community facilities, housing, communications and transport, the
projects or schemes for conservation and development of natural resources and
such other matters as are likely to have a bearing on the integrated development
of the Udaipur Region and in particular may provide for- (i)
transport and communications such as roads,
high-ways, railways, canals, international airports, air cargo complexes and
bus service, including their development; (ii)
water supply, drainage, sewerage, sewage
disposal and other public utilities, amenities and services, including
electricity and gas; (iii)
preservation, conservation and development of
areas of natural scenery, city forests, wild life, natural resources and landscaping; (iv)
preservation of objects, features, structures
or places of historical, natural, architectural or scientific interest and
educational value; (v)
prevention of erosion, provision for
afforestation or reforestation, improvement of water front areas, rivers,
nallahs, lakes and tanks; (vi)
irrigation, water supply and hydroelectric
works, flood control and prevention of water and air pollution; (vii)
educational and medical facilities; (viii)
district business centres, other shopping
complexes, export oriented industrial areas and clearing houses, permanent
exhibition centres, cattle fairs and markets; (ix)
games and sports complexes worthy of holding
international events; (x)
amusement parks including disney land, style
complexes, safari parks and other gardens and parks, picnic centres and day
amusement including artificial lakes and water reservoirs; (xi)
cultural complexes including theatres,
cinemas, rangmanch, studios, recreation centres, conference hall complexes,
concert halls, town halls and auditoria; (xii)
tourist complexes including hotels and
motels, car hiring services, organised tours and treks; (xiii)
development of satellite towns in Udaipur
Region and their appropriate integration with the City of Udaipur including
development of new townships; (xiv) allocation
of land for different uses, general distribution and general location of land
and the extent to which the land may be used as residential, commercial,
industrial, agricultural or as forests or for mineral exploitation or for other
purposes; (xv)
reservation of areas for open spaces,
gardens, recreation centres, zoological gardens, nature-reserves, animal
sanctuaries, dairies and health resorts and other purposes; (xvi) there
location of the population or industry from over populated and industrially
congested areas and indicating the density of population or the concentration
of industry to be allowed in any area of Udaipur Region; (xvii) housing
including rural housing; (xviii)
filling up or reclamation of low lying,
swampy or unhealthy areas or levelling up of lands; (xix) redevelopment
and improvement of existing builtup areas; (xx)
planning standards and zoning regulations for
different zones including development of "abadi"; and (xxi) planning
for Udaipur Region for management of urban growth and all matters connected
therewith and other matters as are consistent with the objective of this Act. (3)
The Master Development Plan may also define
the various zones into which the Udaipur Region shall be divided for the
purposes of development and indicate the manner in which the development is to
be carried out and the land in each zone is proposed to be used (whether by the
carrying out therein development or otherwise) and the stages by which any such
development shall be carried out and shall serve as a basic pattern of frame
work within which the Zonal Development Plan of the various zones may be
prepared: Provided that the Authority
may, if it so considers necessary in the public interest, alter the area of any
zone. (1)
Simultaneously with the preparation of the
Master Development Plan or as soon as may be thereafter, the Authority shall
proceed with the preparation of a Zonal Development Plan for each of the zones
into which the Udaipur Region may be divided. (2)
A Zonal Development Plan may- (a)
contain the provision for the developmental
activities to be carried out as mentioned in sub-section (2) of section 21; (b)
contain a site plan for the development of
the zone and show the approximate locations and extents of land uses proposed
in the zone for such things as public buildings and other public works and
utilities, roads, housing, recreation, industry, business, markets, schools,
hospitals, public and private open spaces and other categories of public and
private uses; (c)
specify the standards of population density
and building density; (d)
show every area in the zone which may, in the
opinion of the Authority, be required or declared for development or
redevelopment; and (e)
in particular, contain provisions regarding
all or any of the following matters, namely:- (i)
the division of any site into plots for the
erection of building; (ii)
the allotment or reservation of land for
roads, open spaces, gardens, recreation grounds, schools, markets and other
public purposes; (iii)
the development of any area into a township
or colony and the restrictions and conditions subject to which such development
may be undertaken or carried out; (iv)
the erection of buildings on any site and the
restrictions and conditions in regard to the open space to be maintained in or
around buildings and height and character of buildings; (v)
the alignment of buildings on any site; (vi)
the architectural features of the elevation
or frontage of any building to be erected on any site; (vii)
the number of residential buildings which may
be erected on any plot or site; (viii)
the amenities to be provided in relation to
any site or buildings on such site whether before or after the erection of
building and the person or authority by whom or at whose expense such amenities
are to be provided; (ix)
the prohibitions or restrictions regarding
erection of shops, workshops, warehouses or factories or buildings of a
specified architectural feature or buildings designed for particular purposes
in the locality; (x)
the maintenance of walls, fences, hedges or
any other structural or architectural construction and the height at which they
shall be maintained; (xi)
the restrictions regarding the use of any
site for purposes other than erection of buildings; and (xii)
any other matter which is necessary for the
proper development of the zone or any area thereof according to plan and for
preventing buildings being erected haphazardly in such zone or area. (1)
Before preparing any Plan finally the
Authority shall prepare a Plan in draft and publish it by making a copy thereof
available for inspection and publishing a notice in such form and manner as may
be determined by regulations inviting objections and suggestions from any
person with respect to the draft Plan before such date as may be specified in
the notice. (2)
The Authority, shall also give reasonable
opportunity to every local authority within whose local limits any land touched
by the Plan is situated, to make any representation with respect to the Plan. (3)
After considering all objections, suggestions
and representations that may have been received by the Authority, the Authority
shall finally sanction the Plan. (4)
Provisions may be made by regulations with
respect to the form and content of a Plan and with respect to the procedure to
be followed and any other matter, in connection with the preparation and
sanction of such Plan. (5)
Notwithstanding anything contained in
sub-sections (1) to (4), the procedure as laid down in the said sub-sections
shall not be required to be followed in case the development of any project or
scheme or any improvement thereof, in any zone is to be carried out on any land
vested in the Authority. Immediately after a Plan has
been sanctioned by the Authority, it shall publish in such manner as may be determined
by regulations a notice stating that a Plan has been approved and naming a
place where a copy of the Plan may be inspected at all reasonable hours and
upon the date of the first publication of the aforesaid notice, the Plan shall
come into operation. (1)
At any time after a Plan has come into
operation according to provisions of section 24, the Authority may make any
modification to the Plan as it thinks fit, the modification, which in its
opinion, does not affect material alterations in the character of the Plan and
which does not relate to the extent of land uses or the standards of population
density. (2)
The Authority with the approval of the State
Government may make any other modifications into the Plan in order to promote
planned development of any part of the Udaipur Region in more efficient manner. (3)
The Authority or the Municipal Corporation,
Udaipur or any other body or Committee, as may be authorised by the State
Government in this behalf, may, in order to promote planned development of any
part of the Udaipur Region in more efficient manner, make such modifications in
land use of the Plan for such area, as may be specified by the State Government
by notification in the Official Gazette. (4)
Before making any modification to the Plan,
the Authority, Municipal Corporation, Udaipur or any other body or Committee,
as the case may be, shall publish a notice, in such form and manner as may be
determined by regulation inviting objections before such date as may be
specified in the notice and shall consider all objections and suggestions that
may be received by the Authority, Municipal Corporation, Udaipur or any other
body or Committee, as the case may be. (5)
Every modification made under the provisions
of this section shall be published and the modification shall come into
operation either on the date of publication or on such date as the Authority,
Municipal Corporation, Udaipur or any other body or Committee, as the case may
be may fix by notice published in the Official Gazette whereupon the modified
Plan shall come into operation to all intents and for all purposes of this Act. (6)
Upon coming into operation of any modified
Plan, any reference in any other section except in the foregoing sections of
this Chapter, to the Master Development Plan or to the Zonal Development Plan
shall be construed as a reference to the Master Development Plan or as the case
may be to a Zonal Development Plan as modified under the provisions of this
section. As soon as may be, on the
coming into operation of any plan, the Authority shall take such action for
implementation of the Plan as may be deemed necessary subject to the provisions
of this Act. Any Master Plan or a Zonal
Plan prepared under the provisions of any other law in force prior to the
commencement of this Act shall be deemed to have been prepared under the
provision of this Act, to which the provisions of the foregoing sections
relating to the sanction, modification and operation of a Master Plan/Master
Development Plan shall mutatis mutandis apply: Provided that any Master
Plan or Zonal Plan sanctioned for the urban area of Udaipur under any other
provisions of law shall cease to operate as soon as a Plan is sanctioned under
the provisions of this Act. Notwithstanding anything
contained in this Act, if the State Government or the Authority at any time
within ten years from the date on which a Plan comes into operation under this
Act is of the opinion that the revision of such Plan is necessary, the State
Government may direct the Authority to revise, or the Authority may on its own
motion undertake revision of, such Plan after carrying out if necessary fresh
civic survey and preparing an existing and use map of the Udaipur Region and
thereupon the foregoing provisions of this Chapter shall, so far as they can be
made applicable, apply to the revision of such Plan as those provisions apply
in relation to the preparation, publication and sanction of a Plan. CHAPTER 6 Control
of Development and use of Land included in Plans (1)
As soon as may be after a plan comes into
operation as provided in section 24, the Authority may, by notification in the
Official Gazette, declare any area in Udaipur Region to be a development area
for the purposes of this Act. (2)
Save as otherwise provided in this Act, the
Authority shall not undertake or carry out any development of land in any area
which is not a development area. (3)
On or after the date on which notification
under sub-section (1) is published in the Official Gazette, no person shall
institute or change the use of any land or carry out any development of land
within the jurisdiction of the Authority or Municipal Corporation, Udaipur,
without their respective permission except the breaking open of any public
street for which the previous permission of the Udaipur Traffic Control Board
shall be obtained: Provided that, no such
permission shall be necessary- (i)
for carrying out works for the maintenance,
improvement or other alteration of any building, being works which affect only
the interior of the building or which do not materially affect the external
appearance thereof; (ii)
for the carrying out of works in compliance
with any order or direction made by any authority under any law for the time
being in force; (iii)
for the carrying out of works by any
authority in exercise of its powers under any law for the time being in force; (iv)
for the carrying out by the Central or the
State Government or any local authority of any works required- (a)
for the maintenance or improvement of a
highway, road or public street, being works carried out on land within the boundaries
of such highway, road or public street; (b)
for the purpose of inspecting, repairing or
renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus; (v)
for the excavation (including wells) made in
the ordinary course of agricultural operation; (vi)
for the construction of a road intended to
give access to land solely for agricultural purposes; (vii)
for normal use of land which has been used
temporarily for other purpose; (viii)
in case of land, normally used for one
purpose and occasionally used for any other purpose, for the use of land for
that other purpose on occasion; and (ix)
for use, for any purpose incidental to the
use of a building for human habitation of any other building or land attached
to such building. (1)
If it appears to the Authority that it is
expedient, having regard to the Plan prepared or under preparation, that any
permission to develop land granted under this Act or any other law should be revoked
or modified, the Authority may after giving the person concerned an opportunity
of being heard against such revocation or modification, by order, revoke or
modify the permission to such extent as appears to it to be necessary: Provided that- (a)
where the development relates to the carrying
out of any building or other operation, no such order shall affect such of the
operations as have been previously carried out or shall be passed after these
operations have substantially progressed or have been completed; (b)
where the development relates to a change of
use of land, no such order shall be passed at any time after the change has
taken place: Provided further that where
the revocation or modification of the permission is necessary in public
interest, the provisions of the first proviso shall not apply. (2)
Where permission is revoked or modified by an
order made under sub-section (1) and any owner claims within the time and in
the manner prescribed, compensation for the expenditure incurred in carrying
out the development in accordance with such permission which has been rendered
abortive by the revocation or modification, the Authority shall, after giving
the owner reasonable opportunity of being heard by the office, appointed by it
in this behalf and after considering his report assess and offer reasonable
compensation to the owner. (3)
If the owner does not accept the compensation
and gives notice within thirty days of his refusal to accept, the Authority
shall refer the matter for the adjudication of the Tribunal and the decision of
the Tribunal shall be final and be binding on the owner and the Authority. (1)
Any person who, whether at his own instance
or at the instance of any other person commences, undertakes or carries out
development or institutes or changes the use of any land- (a)
without permission required under this Act;
or (b)
which is not in accordance with any
permission granted or in contravention of any condition subject to which such
permission has been granted; or (c)
after the permission for development has been
duly revoked; or (d)
in contravention of any permission which has
been duly modified, shall, on conviction, be punished with fine which may
extend to five thousand rupees and in the case of a continuing offence with a
further fine which may extend to one hundred rupees for every day during which
the offence continues after conviction for the first commission of the offence. (2)
Any person who continues to use or allows the
use of any land or building in contravention of the provisions of a Plan
without being allowed to do so under section 17, or where the continuance of
such use has been allowed under that section continues such use after the
period for which the use has been allowed, or without complying with the terms
and conditions under which the continuance of such use is allowed, shall, on
conviction, be punished with fine which may extend to ten thousand rupees; and
in the case of a continuing offence with a further fine which may extend to
five hundred rupees for every day during which such offence continues after
conviction for the first commission of the offence. (1)
Where any development of land has been
carried out as indicated in sub-section (1) of section 31, the Authority may,
subject to the provisions of this section, within ten years of such
development, serve on the owner a notice requiring him within such period,
being not exceeding one month, as may be specified therein after the service of
the notice, to take such steps as may be specified in the notice- (a)
in cases specified in clause (a) or (c) of
sub-section (1) of section 31 to restore the land to its condition existing
before the said development took place; (b)
in cases specified in clause (b) or (d) of
sub-section (1) of section 31 to secure compliance with the conditions or with
the permission as modified: Provided that where the
notice requires the discontinuance of any use of land, the Authority shall
serve a notice on the occupier also. (2)
In particular, such notice may, for purposes
of sub-section (1), require- (i)
the demolition or alteration of any building
or works; (ii)
the carrying out on land of any building or
other operations; or (iii)
the discontinuance of any use of land. (3)
Any person aggrieved by such notice may,
within the period specified in the notice and in the manner determined by
regulations, apply for permission under section 17 for retention on the land,
of any building or works or for the continuance of any use of the land, to
which the notice relates and pending the final determination or withdrawal of
the application, the mere notice itself shall not affect the retention of
buildings or works or the continuance of such use. (4)
The foregoing provisions of this Chapter
shall, so far as may be applicable, apply to an application made under
sub-section (3). (5)
If the permission applied for is granted, the
notice shall stand withdrawn; but if the permission applied for is not granted,
the notice shall stand or if such permission is granted for the retention only
of some buildings or works or for the continuance of use of only a part of the
land, the notice shall stand withdrawn as respects such buildings or works or
such part of the land, but shall stand as respects other buildings or works or
other parts of the land, as the case may be, and thereupon the owner shall be
required to take steps specified in the notice under sub-section (1) as
respects such other buildings, works or part of the land. (6)
If within the period specified in the notice
or within the same period after the disposal of the application under
sub-section (4), the notice or so much of it as stands in not complied with,
the Authority may- (a)
prosecute the owner for not complying with
the notice and where the notice requires the discontinuance of any use of land,
any other person also who uses the land or causes or permits the land to be
used in contravention of the notice; and (b)
where the notice requires the demolition or
alteration of any building or works or carrying out of any building or other
operations, itself cause the restoration of the land to its condition before
the development took place and secure compliance with the conditions of the
permission or with the permission as modified by taking such steps as the
Authority may consider necessary including demolition or alteration of any
building or works or carrying out of any building or other operation and recover
the amount of any expenses incurred by it in this behalf from the owner as
arrears of land revenue. (7)
Any person prosecuted under clause (a) of
sub-section (6) shall, on conviction, be punished with fine which may extend to
five thousand rupees and in the case of a continuing offence, with a further
fine which may extend to five hundred rupees for every day during which such
offence continues after conviction for the first commission of the offence. (1)
Where any development of land as indicated in
sub-section (1) of section 31 is being carried out but has not been completed,
the Authority may serve on the owner and the person carrying out the
development, a notice requiring the development of land to be discontinued from
the time of the service of the notice, and thereupon, the provisions of
sub-sections (3), (4), (5) and (6) of section 32 shall, so far as may be
applicable, apply in relation to such notice, as they apply in relation to
notice under section 32. (2)
Any person, who continues to carry out the
development of land, whether for himself or on behalf of the owner or any other
person, after such notice has been served shall, on conviction, be punished
with fine which may extend to five thousand rupees and when the non compliance
is a continuing one, with a further fine which may extend to five hundred
rupees for every day after the date of the service of the notice during which
the non compliance has continued or continues. (3)
Notwithstanding anything contained in this
Chapter, where any person continues to carry out unauthorised development after
receiving a notice under sub-section (1), the Authority or any officer
authorised by it in this behalf, shall, in addition to any prosecution or other
proceedings or action that may be initiated under this Act, have the power to
require any Police Officer to remove the person by whom the erection of the
building has been continued and all his assistants and workmen from the place
of the unauthorised development within such time as may be specified in the
requisition and such Police Officer shall comply with the requisition
accordingly. In addition to such removal of persons the Authority may also
confiscate such construction materials, tools, etc. which such person was using
for unauthorised development. (4)
After a requisition order under sub-section
(3) has been complied with, any person or his assistants and workmen
subsequently continuing unauthorised development shall, on conviction, be
punishable under section 69 of this Act, in addition to the action under
subsection (3). (5)
No compensation shall be claimed by any
person for any damage which he may sustain in consequence of the
discontinuation of the unauthorised development under this Act. Notwithstanding anything
herein before contained in this Chapter, where any person has carried out any
development of a permanent nature or has changed the use of land- (a)
without permission required under this Act,
or (b)
which is not in accordance with any
permission granted or is in contravention of any conditions subject to which
any permission has been granted, or (c)
in contravention of any permission granted or
duly modified, such development or change of use of land may be compounded by
the Authority on such terms and on payment of such fees and charges, as may be
prescribed by the State Government from time to time. (1)
Notwithstanding anything hereinbefore
contained in this Chapter, where any person has carried out any development of
a temporary nature unauthorisedly as indicated in sub-section (1) of section
31, the Authority may, by an order in writing, direct that person to remove any
structure or work erected or discontinue the use of land made, unauthorisedly
as aforesaid within fifteen days of the receipt of the order and thereafter, if
the person does not comply with the order within the said period, the Authority
or any officer authorised by it in this behalf may get such work summarily
removed or get such use summarily discontinued without any notice as directed
in the order and any development unauthorisedly made again shall similarly be
summarily removed or discontinued without making any order as aforesaid: Provided that standing crops
shall not be summarily removed and reasonable period not exceeding six months
shall be allowed to the person concerned by the Authority for the crop to be
cut and gathered. (2)
The decision of the Authority on the question
of what is development of a temporary nature shall be final. (1)
The Authority may, at any time before or
after making an order for the removal or discontinuance of any development
under section 32 or section 33 or section 35, make an order directing the
sealing of such development in the prescribed manner, for the purpose of
carrying out the provisions of this Act, or for preventing any dispute as to
the nature and extent of such Development. (2)
Where any development has been sealed, the
Authority or the officer authorised by it in this behalf, with prior permission
of the State Government or the officer authorised by it in this behalf, may,
for the purpose of removing or discontinuing such development, order the seal
to be removed. (3)
No person shall remove such seal except by,- (a)
an order passed under sub-section (2); or (b)
an order of the Tribunal. (4)
Any person who contravenes the provisions of
sub-section (3) shall, on conviction, be punished with fine which may extend to
twenty five thousand rupees. (1)
If it appears to the Authority that it is
expedient in the interest of proper planning of its areas (including the
interest of amenities) having regard to the Plan prepared- (a)
that any use of land should be discontinued;
or (b)
that any conditions should be imposed on the
continuance thereof; or (c)
that any building or works should be altered
or removed, the Authority may, by notice served on the owner,- (i)
require the discontinuance of that use; or (ii)
impose such conditions as may be specified in
the notice on the continuance thereof; or (iii)
require such steps as may be specified in the
notice to be taken for the alteration or removal of any building or works, as
the case may be, within such period, being not less than one month, as may be
specified therein, after the service of the notice. (2)
Any person aggrieved by such notice may,
within the said period and in the manner prescribed, appeal to the Tribunal. (3)
On receipt of an appeal under sub-section
(2), the Tribunal may, after giving a reasonable opportunity of being heard to
the appellant and the Authority, dismiss the appeal or allow the appeal by
quashing or varying the notice as it may think fit. (4)
If any person- (i)
who has suffered damage in consequence of the
compliance with the notice by the depreciation on any interest in the land to
which he is entitled or by being disturbed in his enjoyment of the land or
otherwise; or (ii)
who has carried out any works in compliance
with the notice claims from the Authority, within the time and in the manner
prescribed, compensation in respect of that damage, or of any expenses
reasonably incurred by him for complying with the notice, then the provisions
of sub-sections (2) and (3) of section 30 shall apply in relation to such claim
as those provisions apply to claims for compensation under those provisions. (1)
Every person who intends to sub-divide his
land or his plot or make or layout a private street on such land or plot on or
after the date of the publication of the draft plan under section 23 shall
submit the intended layout plan for such purpose together with such particulars
and such fees, as may be determined by regulations or by Government orders, to
the Authority for sanction. (2)
The Authority may, within the period
specified in the regulations, sanction such plan either without modifications
or subject to such modifications or conditions as it considers expedient or may
refuse to give sanction, if the Authority is of opinion that such division or
laying out of street is not in any way consistent with the proposal of the
plan. (3)
No compensation shall be payable for the
refusal of a sanction or for the imposition of modifications or conditions in
the sanction. (4)
If any person does any work in contravention
of sub-section (1), or in contravention of the modifications or conditions
given under sub-section (2), or inspite of refusal of sanction under the said
sub-section (2), the Authority may direct such person by notice in writing to
stop any work in progress and after making an inquiry in the manner determined
by regulations remove or pull down any work or restore the land to its original
condition. Any expenses incurred by the
Authority under sections 32, 33, 35, 37 and 38 shall be a sum due to the
Authority under this Act from the person in default or the owner of the land or
plot and shall be recovered as arrears of land revenue. CHAPTER 7 Projects
and Schemes (1)
Subject to the provisions of this Act or any
other law for the time being in force, the Authority for the purpose of
implementing the proposals in any plan may make such projects and schemes for
the integrated development of Udaipur Region or any part thereof, as may be
considered necessary. (2)
A project or scheme may make provisions for
all or any of the following matters, namely:- (i)
any of the matters specified in sections 21
and 22; (ii)
acquisition, development, reservation and
sale or leasing of land for purpose of public utilities such as road, streets,
open spaces, parks, gardens, recreation and playgrounds, hospitals,
dispensaries, educational institutions, green belts, dairies, housing
development, development of markets, shopping centres, commercial complexes,
cultural centres, administrative centres, transport facilities and public
purposes of all kinds; (iii)
acquisition, laying out or relaying out of
land either vacant or already built upon, rebuilding or relocating areas which
have been badly laid out or which have development or degenerated into a slum
or kachhi basti, the filling up or reclamation of laying, swampy or unhealthy
areas or levelling up of land; (iv)
acquisition and development of areas for
commercial, industrial, transportation, agricultural mandies and other similar
purposes; (v)
acquisition of land and its development for
the purpose of laying out or remodelling of roads and streets pattern, layout
of new streets or roads, construction, diversion, extension, alteration,
improvement and closing up of streets and roads and discontinuance of
communications; (vi)
reconstruction of plots for the purpose of
buildings, roads, drainage inclusive of sewerage, surface or sub-soil drainage,
sewerage disposal and other similar amenities; (vii)
the construction, alteration and removal of
buildings, bridges and other structures; (viii)
lighting and water supply; (ix)
the preservation of objects of historical or
national interest or natural beauty and of buildings actually used for
religious purposes; (x)
the reservation of land in any scheme to such
extent as may be provided by regulations for the purpose of providing housing
accommodation to the members of Scheduled Castes, Scheduled Tribes, backward
classes and weaker sections of the society; (xi)
the imposition of conditions and restrictions
in regard to the open space to be maintained around buildings, the percentage
of building area for a plot, the number, size, height and character of building
allowed in specified areas the purpose to which buildings or specified areas
may or may not be appropriated, the sub-division of plots, the discontinuance
of objectionable uses of lands in any area in specified periods, parking space
and loading and unloading space for any building and the sizes or locations of
projections advertisement signs and hoardings; (xii)
the suspension, so far as may be necessary,
for the proper carrying out of the schemes, of any rule, bye-law, regulation,
notification or order made or issued under any law for the time being in force
which the Legislature of the State is competent to make: Provided that any suspension
under this clause shall cease to operate in the event of the withdrawal of the
scheme or on the coming into force of the final scheme; (xiii)
any other work of a nature such as would
bring about environmental improvements which may be taken up by the Authority
and all such other matters not inconsistent with the objects of this Act. (3)
The draft project or scheme shall contain the
following particulars, namely:- (a)
the area, ownership and tenure of each
original plot; (b)
the particulars of land allotted or reserved
under clause (ii) of sub-section (2) with a general indications of the uses to
which such land is to be put and the terms and conditions subject to which such
land is to be put to such uses; (c)
the extent to which it is proposed to alter
the boundaries of original plots; (d)
the estimate of the net cost of the scheme to
be borne by the appropriate authority; (e)
a full description of all the details of the
scheme under sub-section (2) as may be applicable; (f)
the laying out or relaying out of land either
vacant or already built upon; (g)
the filling up or reclamation of low lying,
swampy or unhealthy areas or levelling up of land; and (h)
any other particulars as may be determined by
regulations. (1)
The Authority may, by resolution, declare its
intention to prepare a project or scheme as provided in section 40 in any
development area. (2)
Not later than thirty days from the date of
such declaration of intention to make such project or scheme, the Authority
shall publish the declaration in the Official Gazette and in such other manner
as may be determined by regulations. (3)
Not later than two years from the date of
publication of the declaration under subsection (2) the Authority shall prepare
a project or scheme in draft form and publish it in such form and manner as may
be determined by regulations together with a notice inviting objections and
suggestions from any person with respect to the said draft project or scheme
before such date as may be specified therein, such date being not earlier than
thirty days from the date of publication of such notice. (4)
The Authority shall consider all the objections
and suggestions as may be received within the period specified in the notice
under sub-section (3) and shall, after giving a reasonable opportunity to such
persons affected thereby as are desirous of being heard, approve the draft
project or scheme as published or make such modifications, as it may deem fit. (5)
Immediately after a project or scheme is
approved under sub-section (4), with or without modifications, the Authority
shall publish in the Official Gazette and in such other manner as may determined
by regulations a final project or scheme and specify the date on which it shall
come into operation. (6)
Notwithstanding anything contained in the
foregoing sub-sections, the procedure as laid down therein shall not be
required to be followed in case the project or scheme is to be carried out on
any land vested in the Authority and no demolition of any building or removal
of persons living thereat is involved in its execution. (1)
On or after the date on which a draft scheme
is published under section 41, no person shall, within the area included in the
project or scheme, institute or change the use of any land or building or carry
out any development unless such person has applied for and obtained the
necessary permission for doing so from the Authority in accordance with the
regulations made in this behalf: Provided that it shall be
lawful for any person to undertake such development within the village abadi
limits in accordance with the permission granted by the local panchayat so far
as such permission is consistent with such draft scheme or schemes. (2)
The provisions of Chapter-VI shall be
applicable mutatis mutandis for the project or scheme approved under
sub-section (4) of section 41. If the Authority fails to
implement the project of scheme approved under sub-section (4) of section 41
within a period of five years from the date of publication thereof under
sub-section (5) of section 41, it shall, on the expiration of the said period
of five years, lapse. (1)
The Authority after making such inquiry as it
may deem fit, may, if it is of the opinion that it is necessary or expedient so
to do, by notification published in the Official Gazette, declare that the
project or scheme approved under sub-section (4) of section 41 is withdrawn and
upon such declaration no further proceedings shall be taken in regard to such
project or scheme. (2)
If the Authority, after approval of any
project or scheme under sub-section (4) of section 41, at any time, considers
it necessary to make certain modifications therein, which in its opinion do not
effect material alteration in the character of the project and scheme, may make
suitable modifications. Notwithstanding anything
contained in any provision of this Act or in any plan sanctioned under it, the
Authority shall be at liberty to make and carry out any project or scheme not
covered by the said plan in the opinion of the Authority, it is necessary to do
so or expedient in public interest, and the said plan shall be deemed to be
modified to that extent. CHAPTER 8 Acquisition
and Disposal of Land The Authority may enter into
an agreement with any person for the purchase, leasing or exchange by the
Authority from such person of any land, which the Authority is authorised to
acquire, or any interest in such land. Where, on any representation
from the Authority, it appears to the State Government that in order to enable
the Authority to perform any of its functions or to discharge any of its duties
or to exercise any of its powers or to carry out any of its projects or schemes
or development Programmes, it is necessary that any land in any part of the
Udaipur Region should be acquired, the State Government may acquire the land
under and in accordance with the provisions of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Central Act No. 30 of 2013). Where any land is taken in
possession of the State Government shall make that land available to the
Authority for the purpose of performing its functions, discharging its duties
and exercising its powers. (1)
Notwithstanding anything contained in the
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in
section 103 of that Act, excluding land referred to in sub-clause (ii) of
clause (a) of the said section and nazul land placed at the disposal of a local
authority under section 102A of that Act in Udaipur Region, shall, immediately
after establishment of the Authority under section 3 of this Act, be deemed to
have been placed at the disposal of and vested in the Authority which shall take
over such land for and on behalf of the State Government and may use the same
for the purposes of this Act and may dispose of the same by way of allotment,
regularisation or auction subject to such conditions and restrictions as the
State Government may, from time to time, lay down and in such manner, as it
may, from time to time, prescribe: Provided that the Authority
may dispose of any such land- (a)
without undertaking or carrying out any
development thereon; or (b)
after undertaking or carrying out such development
as it thinks fit, to such person, in such manner and subject to such covenants
and conditions, as it may consider expedient to impose for securing development
according to plan. (2)
No development of any land shall be
undertaken or carried out except by or under the control and supervision of the
Authority. (3)
If any land vested in the Authority is
required at any time by the Municipal Corporation, Udaipur for carrying out its
functions or by the State Government for any other purpose, the State Government
may, by notification in the Official Gazette, place such land at the disposal
of the Municipal Corporation, Udaipur or any Department of the State
Government, as the case may be, on such terms and conditions as may be deemed
fit. (4)
All lands acquired by the Authority, or by
the State Government and transferred to the Authority, shall be disposed of by
the Authority in the same manner as may be prescribed for land in sub-section
(1). (1)
Any land deemed to have been placed at the
disposal of the Authority under section 90-A of the Rajasthan Land Revenue Act.
1956 (Act No.15 of 1956) shall be available for allotment or regularization by
the Authority to the person or persons, as the case may be, specified in that
section subject to the terms and conditions prescribed, and on payment to the
Authority of the urban assessment or premium or both leviable and recoverable,
under that section. (2)
The charges realised under sub-section (1)
shall be credited to the Consolidated Fund of the State and to the fund of the
Authority as may be determined by the State Government. (1)
Every transfer of land under section 49 or
section 50 shall be either on free hold basis or on lease hold basis. (2)
Any land sold, allotted, regularized or
otherwise transferred on lease hold basis may be converted in free hold basis
subject to such terms and conditions, and on payment of such conversion
charges, as may be prescribed. Explanation.- For the
purposes of this section, "free hold" means tenure in perpetuity with
right of inheritance and alienation. (1)
Notwithstanding anything to the contrary
contained in this Act or any other law for the time being in force, if, at any
time, before or after the lease deed, executed and registered, in respect of
land disposed of under this Chapter either on lease hold basis or on free hold
basis, the Authority has reasons to believe that allotment of land has been
obtained, and lease deed has been executed, by way of misrepresentation of
facts or on the basis of false documents or with collusion or in contravention
of law, it shall issue in the manner hereinafter provided a notice in writing
to show cause why an order of revocation of allotment and cancellation of the
lease deed of the land should not be made. (2)
The notice shall- (a)
specify the grounds on which an order of
revocation of allotment and cancellation of the lease deed of the land is
proposed to be made; and (b)
require all persons concerned, that is to
say, all persons who are or may be, in occupation of or claim interest in, the
land, to show cause, if any, against the proposed order on or before such date
as is specified in the notice being a date not earlier than seven days from the
date of issue thereof. (3)
If, after considering the cause, if any,
shown by any person in pursuance of a notice under sub-section (1) and any
evidence he may produce in support of the same and after giving him, a
reasonable opportunity of being heard, the Authority is satisfied that the
lease is obtained by misrepresentation of facts or on the basis of false
documents or with collusion or in contravention of law, the Authority may, make
an order of revocation of allotment and cancellation of the lease deed of the
land and also make an order of eviction, for reasons to be recorded therein,
directing that the land shall be vacated by all persons who are or may be in
occupation thereof or any part thereof, and cause a copy of the order to be
affixed on the outer door or some other conspicuous part of the land. (1)
Any person who holds non-agricultural land
within the jurisdiction of the Authority otherwise than under a lease or
license issued by the Authority may, in the prescribed manner, surrender his
rights in such land in favour of the Authority for the purpose of obtaining
free hold rights from the Authority, the Authority may accept such rights and
may issue free hold patta. (2)
Any person who holds any order or patta
issued under any other law may also surrender his rights in such land in favour
of the Authority for the purpose of obtaining free hold rights from the
Authority, the Authority may accept such rights and may issue free hold patta.
In case such land is on leasehold basis the free hold patta shall be issued on
depositing one time lease money as may be prescribed. (3)
On acceptance of rights by the Authority
under sub-sections (1) and (2), all the rights of the holder in the said land
shall vest in the Authority and the Authority shall, subject to the other
provisions of this Act and the rules made thereunder and on payment by the
holder such fee or charges as may be determined by the State Government, issue
free hold patta to the holder of the said land. (4)
The free hold patta issued under sub-section
(3) shall be subject to all the covenants before acceptance by the Authority of
the rights under sub-sections (1) and (2). CHAPTER 9 Finance,
Budget and Accounts (1)
There shall be a fund for the Authority to be
called "the Udaipur Region Development Fund" (hereinafter referred to
as "Fund"), to which shall be credited all moneys received by the
Authority, including- (a)
such amount of contribution to be made by the
State Government yearly or in such instalments in each year as it may determine
in accordance with the schemes included in the State Plan and under
appropriation duly made in this behalf, which contribution shall be utilised by
the Authority for the development of Udaipur Region; (b)
such other moneys as may be paid to the
Authority by the State Government, Central Government or any other authority or
agency by way of grants, loans, advances or otherwise; (c)
income derived from premium on second and
subsequent sale of vacant land; (d)
income from levy on vacant land; (e)
all fees, costs and charges received by the
Authority under this Act or any other law for the time being in force; (f)
all moneys received by the Authority from the
disposal of land, building and other property, movable and immovable and other
transactions, including lease money, urban assessment, development charges and
other similar charges recovered from plot holders; (g)
all moneys borrowed by the Authority
including loans to be raised from the financing institutions; (h)
all moneys received by the Authority by way
of rents and profits or in any other manner or from any other source; and (i)
all donations to be received by the
Authority. (2)
The Authority may keep in current or deposit
account with any Scheduled Bank or any Co-operative or other Bank approved by
the State Government in this behalf, such sum of money out of its Fund as may
be determined by the Authority and any money in excess of the said sum shall be
invested in such manner as may be determined by regulations. (3)
Such accounts shall be operated upon by the
Udaipur Development Commissioner or by such other officer of the Authority as
may be authorised by it by regulations made in this behalf. (1)
As a part of the Fund, the Authority shall
establish in distinct Bank accounts a Loans Fund for the purpose of (a)
receiving all moneys borrowed by it including all repayments of loan
instalments together with payment of interest made by the borrower on loans,
(b) providing all moneys to be made available by the Authority as loans or
advances to local authorities and other authorities or persons, (c) repayment
of loans raised by the Authority for the purposes of this Act, and (d)
expenditure on projects and schemes. (2)
All matters connected with the Loans Fund
shall be governed by the regulations made in this behalf. (1)
The Authority shall make provisions for a
reserve fund and may provide for other specially denominated funds, as it deems
fit. (2)
The management of the funds referred to in
sub-section (1), the sums to be transferred from time to time to the credit
thereof, and the application of money comprised therein, shall be determined by
the Authority. All property, funds and
other assets vesting in the Authority shall be held and applied by it for the
purposes and subject to the provisions of this Act. The Authority may, with the
previous approval of the State Government, borrow any money for carrying out
the purpose of this Act or for servicing any loan obtained by it, at such rates
and on such conditions as the State Government may determine at the time money
is borrowed. The Authority shall be
competent to give grants, advances or loans to, or to share expenses with, any
local authority or other authority in Udaipur Region, or any Government
Department or any person, for any of the purposes of section 16 and
notwithstanding anything contained in any law for the time being in force, it
shall be lawful for such local authority, other authority, Government
Department or any person to accept such grants, advances or loans or share in
the expenses, subject to such terms and conditions as the Authority may, from
time to time, in consultation with such local authority, other authority,
Government Department or any person, as the case may be, specify. The State Government may
guarantee repayment of the principal of, and interest on, any loan raised or
given by the Authority or transferred to it, for the purposes of this Act,
subject to such conditions as the State Government may think fit to impose. (1)
The Authority shall keep accounts in such
form and in such manner, as it may, by regulations made in this behalf,
determine. (2)
The Accounts of the Authority shall be
subject to audit by the Examiner, Local Fund Audit in accordance with the
provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. XXVIII of
1954). (3)
The Authority shall pay from the Fund such
charges for the audit, as may be prescribed. (1)
The Director, Finance of the Authority shall
prepare, every year, in such form and at such time as may be determined by
regulations, an annual budget estimate in respect of the financial year next
ensuing, showing the estimated receipts and disbursements of the Authority to
the Udaipur Development Commissioner who shall after making such modifications
as he deems fit, submit it to the Authority for approval. (2)
The Udaipur Development Commissioner shall
forward to the State Government copies of the budget approved by the Authority. The Authority shall prepare
after the end of each year (ending on the 31st day of March), a report of its
activities during the previous year and submit it to the State Government
before the 30th day of September. The State Government shall cause to be laid
on the table of the House of the State Legislature such annual report including
the statement of accounts. CHAPTER 10 Powers
to Levy Certain Charges The Authority shall levy at
such rate and from such date as the State Government may direct by notification
in the Official Gazette, and in such manner as may be prescribed by the State
Government in this behalf, the following charges, namely:- (a)
a premium on second or subsequent sale of
vacant land in Udaipur Region; (b)
an annual levy on vacant land in Udaipur
Region; and (c)
conversion charges for conversion of the use
of land from residential purpose to commercial or any other purpose. Explanation.- The expression
"vacant land" used in this Chapter shall mean all land allotted or
sold by the State Government, the Authority, or any local authority on lease
hold basis or land owned or held otherwise and on which no building has been
constructed or if any building has been constructed, the covered area is less
than 1/5th of the total area of the land. (1)
The Authority shall recover the urban
assessment or ground rent from the plot holders on the land or plot sold on
lease hold basis by the State Government or the Authority or any local
authority at such rates, and in such manner as may be prescribed. (2)
The urban assessment or ground rent recovered
under sub-section (1) shall be deposited in the Fund of the Authority. When any licence is granted
by the Authority under this Act or when any permission is given by it for any
of the purposes of this Act, the Authority may charge a fee for such licence or
permission as may be determined by regulations. CHAPTER 11 Prosecutions,
Suits and Powers of Police Whoever- (i)
obstructs the entry of any person empowered
under section 83 to enter into or upon any land or building in any part of the
Udaipur Region for the purposes mentioned in that section; or (ii)
molests such persons as aforesaid after such
entry; or (iii)
resists, obstructs or molests any member or
employee of the Authority or any employee of the Government in the exercise of
any power conferred on, or in the discharge of any duty imposed upon, or in the
performance of any function entrusted to, the Authority or the Government or
such member, or employee of the Authority or any employee of the Government; or (iv)
obstructs or molests any person with whom the
Authority or the Government or an officer of the Government has entered into a
contract or obstructs or molests a servant of the Authority, who may be
lawfully engaged in doing anything, in connection with the discharge of the
duties or performances of the functions of the Authority or of the Government
or of an officer appointed by it under this Act, shall be punishable with fine
which may extend to one thousand rupees or with imprisonment for a term which
may extend to six months or with both. If any person without lawful
authority- (a)
removes any fence, or any timber used for
propping or supporting any building, wall or other things, or extinguishes any
light set up at any place where the surface of street or other ground has been
opened or broken up by the Authority for the purpose of carrying out any work
authorised under this Act; or (b)
removes any mark set up for the purpose of
indicating any level or direction necessary to the execution of any work
authorised under this Act; or (c)
infringes any order given or removes any bar,
chain or post fixed by the Authority for the purpose of closing any street to
traffic, during the course of execution of any work under this Act, he shall be
punishable with fine which may extend to one thousand rupees. Whoever- (a)
wilfully or without any reasonable excuse
disobeys any requisition or other lawful order or direction issued under or in
pursuance of any of the provisions of this Act; or (b)
being required under any of the provisions of
this Act to make any return or to furnish any information, makes a false return
or furnishes false information, shall be punishable with fine which may extend
to three thousand rupees or with imprisonment for a term which may extend to
three months or with both. (1)
Whoever makes any encroachment in any land or
space not being private property, whether such land or space belongs to or
vests in the Authority or not, except steps over drain in any public street,
shall on conviction, be punished with simple imprisonment which shall not be
less than one month but which may extend to two years and with fine which may
extend to twenty thousand rupees: Provided that the court may
for any adequate or special reason to be mentioned in the judgment impose a
sentence of imprisonment for a term of less than one month. (2)
Whoever makes any obstruction in any land or
space not being private property, whether such land or space belongs to or
vests in the Authority or not, except steps over drain in any public street,
shall on conviction, be punished with simple imprisonment which may extend to
one month or with fine which may extend to two thousand rupees or with both. (3)
The Authority or any officer authorised by it
in this behalf shall have power to remove any such obstruction or encroachment
and the expenses of such removal shall be paid by the person who had caused the
said obstruction or encroachment. (4)
Whoever not being duly authorised in that
behalf removes earth, sand or other material from any land or space as
aforesaid shall be punished on conviction with imprisonment which may extend to
six months or with fine which may extend to ten thousand rupees or with both. (5)
Notwithstanding anything contained in the
foregoing provisions, the Authority or the officer authorised by it in this
behalf shall, in addition to the action taken as provided in this section, also
have power to seize or attach any property found on the land or space referred
to in this section or, as the case may be, attached to such land or space or
permanently fastened to anything attached to such land or space. (6)
Where any property is seized or attached by
an officer authorised by the Authority, he shall immediately make a report of
such seizure or attachment to the Authority. (7)
The Authority may make such orders as it
thinks fit for the proper custody of the property seized or attached, pending
the conclusion of confiscation proceedings, and if the property is subject to
speedy and natural decay, or it is otherwise expedient so to do, the Authority
may order it to be sold or otherwise disposed of. (8)
Where any property is sold as aforesaid, the
sale proceeds thereof after deduction of the expenses of any such sale or other
incidental expenses relating thereto, shall,- (a)
where no order of confiscation is ultimately
passed by the Authority; or (b)
where an order passed in appeal so requires,
be paid to the owner thereof or the person from whom it is seized. (9)
Where any property is seized or attached
under sub-section (5), the Authority may order confiscation of such property. (10)
No order for confiscation of a property shall
be made under sub-section (9), unless the owner of such property or the person
from whom it is seized or attached is given- (a)
a notice in writing, informing him of the
grounds on which it is proposed to confiscate the property; (b)
an opportunity of making a representation in
writing within such reasonable time as may be specified in the notice against
the grounds of confiscation; and (c)
a reasonable opportunity of being heard in
the matter. (11)
The order of any confiscation under this
section shall not prevent the infliction of any punishment to which the person
affected thereby is liable under this Act. (12)
Whenever any property is seized or attached
pending confiscation under this section , the Authority or the Tribunal
constituted under section 80 of this Act shall have, and notwithstanding
anything to the contrary contained in any other law for the time being in
force, any court, other tribunal or other authority shall not have, jurisdiction
to make orders with regard to the possession, delivery, disposal, release or
distribution of such property. (13)
Where any person is prosecuted of an offence
under sub-section (1) or subsection (2), the burden of proving that he has not
committed the offence shall be on him. (14)
Whoever, being an employee of the Authority,
specifically entrusted with the duty to stop or prevent the encroachment or
obstruction punishable under this section, wilfully or knowingly neglects or
deliberately omits to stop or prevent such encroachment or obstruction, shall,
on conviction, be punished with simple imprisonment for a term which may extend
to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall
take cognizance against such employee for the offence punishable under this
sub-section except with the previous sanction of the Authority. (15)
No investigation of an offence under this
section shall be made by an officer not below the rank of a Deputy
Superintendent of Police. Whoever contravenes any of
the provisions of this Act or of any rule or regulations made or does anything
against any plan, project or scheme sanctioned thereunder shall, if no other
penalty is provided for such contravention, be punishable- (a)
for the first offence, with fine which may
extend to one thousand rupees ; and (b)
for a second or any subsequent offence with
fine which shall not be less than two hundred fifty rupees and not more than
five thousand rupees. (1)
If the person committing an offence under
this Act is a company, every person, who at the time the offence was committed
was incharge of, and was responsible to the company for the conduct of the
business of the company as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence. (2)
Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance or, is attributable to any neglect on the part of any Director, Manager,
Secretary or other officer of the company, such Director, Manager, Secretary or
other officer shall be liable to be proceeded against and punished accordingly. Explanation.- For the
purposes of this section,- (a)
"company" means a body corporate
and includes a firm or other association of individuals; and (b)
"director" in relation to a firm
means a partner in the firm. No court shall take
cognizance of any offence punishable under this Act or any rule or regulation or
order made thereunder except upon a complaint in writing of the facts
constituting such offence made by the Authority or by a person expressly
authorised in this behalf by the Authority: Provided that any person,
whose right to enjoyment of his own property is adversely affected by any
unauthorised development as indicated in sub-section (1) of section 31, may
also file a complaint in the like manner against such person or persons who may
have undertaken the said unauthorised development: Provided further that the
Authority shall also be given due notice of such proceedings and if the
Authority removes the cause for action within a reasonable period, the
proceedings in the Court shall abate, without prejudice to any other action or
proceedings that the Authority has initiated or may initiate thereafter. All fines realised in
connection with prosecution under this Act shall be paid to the Authority. The Authority may,- (a)
institute, defend or withdraw from any legal
proceeding; (b)
compound any offence against this Act; and (c)
admit, compromise or withdraw any claim made
in any legal proceeding or otherwise: Provided that no withdrawal
from prosecution for an offence under this Act shall be made except with the
permission of the court. No suit, prosecution or
other legal proceeding shall be maintainable against the Authority or any
person acting under the direction of the Authority or the Chairman, member or
any officer or servant of the Authority, Executive Committee, other committees,
any Functional Board or any body thereof in respect of anything lawfully and in
good faith and with due care and attention done under this Act. (1)
No suit shall be instituted against the
Authority or any member thereof or any of its officers or other employees or
any person acting under the directions of the Authority or any member or any
officer or other employee of the Executive Committee, any Functional Board,
Tribunal, any committee or any body thereof, in respect of any act done or
purporting to have been done in pursuance of this Act or any order, rule or
regulation made thereunder till the expiration of two months from the date on
which notice in writing has been left at the office or place of abode of the persons
to be sued and unless such notice states explicitly the cause of action, the
nature of relief sought, the amount of compensation claimed and the name and
place of residence of the intending plaintiff and unless the plaint contains a
statement that such notice has been left or delivered. (2)
No suit such as is described in sub-section
(1) shall, unless it is a suit for recovery of immovable property or for a
declaration of title thereto, be instituted after the expiry of one year from
the date on which the cause of action arises. (3)
Nothing contained in sub-section (1) shall be
deemed to apply to a suit in which the only relief claimed is an injunction of
which the object would be defeated by giving of the notice or the postponement
of the institution of the suit. A copy of any receipt,
application, plan, notice, order, entry in a register of other document in the
possession of the Authority shall, if duly certified by the legal keeper
thereof, or the Udaipur Development Commissioner or any person authorised by
him in this behalf, be received as prima facie evidence of the entry or
document and shall be admitted as evidence of the matters and transaction
therein recorded in every case where, and to the same extent as, the original
entry or document would, if produced, have been admissible to prove such
matter. No member or officer or
servant of the Authority shall in any legal proceeding to which the Authority
is not a party be required to produce any register or document the contents of
which can be proved under the preceding section by a certified copy, or to
appear as a witness to prove the matter and transaction recorded therein unless
by order of the court made for special cause. CHAPTER 12 Miscellaneous (1)
The State Government shall, by notification
in the Official Gazette, constitute a Tribunal for the purposes of this Act. (2)
The Tribunal shall consist of one person who
shall be an officer of the State Government and shall be paid such salary and
allowances as may be determined by the State Government. (3)
The State Government may, to assist the
Tribunal, direct the Authority to appoint such number of employees and of such
cadre as may be deemed necessary. (4)
The expenses of the Tribunal shall be borne
by the Authority. (5)
The procedure to be followed by the Tribunal
in deciding the appeals or disputes referred to it under this Act shall be such
as may be prescribed. (6)
The Tribunal shall have the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908 (Central
Act No. 5 of 1908) in respect of hearing and deciding of an appeal or any
dispute referred to it. (7)
Except as otherwise provided, any dispute
arising out of any provision of this Act may be referred to the Tribunal by the
Authority. The decision of the Tribunal shall be final and binding on all the
parties thereto. (8)
Except as otherwise provided,- (a)
any person aggrieved by an order or notice of
the Authority may file an appeal in the Tribunal within thirty days of the
communication of such order or notice to him; and (b)
any person aggrieved by any threatened act or
injury from the Authority affecting his rights may refer the dispute to the
Tribunal within thirty days of the communication or knowledge of such
threatened act or injury, and the decision of the Tribunal shall be final. (1)
The State Government may, by notification in
the Official Gazette, constitute a Settlement Committee consisting of a
Chairman and such other members, as it may deem fit, to resolve the disputes
between the Authority and other persons and such Committee shall undertake to
resolve the dispute whenever so requested by the concerned person. (2)
The Settlement Committee shall have such
powers and follow such procedure as may be prescribed by the State Government. (3)
Any Committee already constituted for this
purpose shall be deemed to have been constituted under this Act. (4)
The decision given by such Committee shall be
binding on the Authority. Where any sum (not being
rent payable in respect of any premises of the Authority) payable to the
Authority, whether under any agreement, express or implied or otherwise,
howsoever, is not paid on or before the due date- (a)
and the claim is not disputed, the Udaipur
Development Commissioner or any officer authorised by him in this behalf shall
send to the District Collector a certificate under his hand indicating therein
the sum which is due to the Authority or is claimed by the Authority, as the
case may be, and thereupon, the District Collector shall recover the sum due to
be claimed as arrears of land revenue; (b)
and the claim is disputed, it shall be
referred to the Tribunal which shall, after making such inquiry as it thinks
fit and after giving to the person by whom the sum is alleged to be payable a
reasonable opportunity of being heard, decide the question and communicate
forthwith its decision to the Authority. Any person aggrieved by the decision
of the Tribunal may, within thirty days from the date of such decision, appeal
to the Board of Revenue. The decision of the Board of Revenue shall be final
and shall not be called in question in any Court. Thereupon the Collector shall
recover the sum determined to be due as arrears of land revenue. (1)
The Chairman and members of Authority, the
Executive Committee, any other Committee, any Functional Board or any body
thereof, the Udaipur Development Commissioner and officers and servants of the
Authority authorised by him in this behalf with or without assistants or
workmen, enter into or upon any land or building for the purposes of- (a)
making any enquiry, inspection, measurement
or survey or taking levels of such land or building; (b)
examining works under construction and
ascertaining the course of sewers and drains; (c)
digging or boring into the sub-soil; (d)
setting out boundaries and intended lines of
works; (e)
making such lines, boundaries and lines by
placing mark and cutting trenches; (f)
ascertaining whether any land is being or has
been developed in contravention of any plan or without the permission or in
contravention of any condition subject to which such permission has been
granted under this Act; or (g)
doing any other thing necessary for the
efficient administration of this Act: Provided that- (i)
no such entry shall be made except between
the hours of sunrise and sunset and without giving reasonable notice at least
of twenty-four hours to the occupier, or if there be no occupier, to the owner
of the land or building; (ii)
sufficient notice shall in every instance be
given, even when any premises may otherwise be entered without notice, to
enable the inmates of any apartment appropriated to females to remove to some
part of the premises where their privacy need not be disturbed; and (iii)
due regard shall always be had, so far as may
be compatible with the exigencies of the purposes for which the entry is made,
to the social and religious usages of the occupants of the premises entered. (2)
It shall be lawful for any person authorised
under sub-section (1) to make an entry for the purpose of inspection or search
to open or cause to be opened a door, gate or other barrier,- (a)
if he considers the opening thereof necessary
for the purpose of such entry, inspection or search; and (b)
if the owner or occupier is absent or, being
present, refuses to open such door, gate or barrier. (1)
All documents which expression shall include,
notice and orders required by this Act or any rule or regulation made
thereunder to be served upon any person, shall, save as otherwise provided in
this Act, or rule or regulation made thereunder, be deemed to be duly served,- (a)
where such document is to be served on a
department, local authority, railway, company, society or any other body of
persons whether incorporated or not, if the document is addressed to the head
of the department, General Manager of the Railway, Secretary or principal
officer of the local authority, company, society or any such other body at its
principal, branch, local or registered office, as the case may be, and is
either- (i)
sent by registered post to such office; or (ii)
delivered at such office; or (b)
where the person to be served is a partner in
a firm, if the document is addressed to the partnership firm at its principal
place of business, identifying it by the name or style under which its business
is carried on and is either- (i)
sent by registered post; or (ii)
delivered at the said place of business; or (c)
in any other case, if such document is
addressed to the person to be served and- (i)
is given or tendered to him, or (ii)
if such person cannot be found, is affixed on
some conspicuous part of his last known place of residence or business, or is
given or tendered to some adult member of his family or is affixed on some
conspicuous part of the land or building to which it relates, or (iii)
is sent by registered post to the person. (2)
Any document which is required or authorised
to be served on the owner or occupier of any land or building may be addressed
"the owner" or "the occupier", as the case may be, of that
land or building (naming or describing that land or building), without further
name or description and shall be deemed to be duly served,- (a)
if the document so addressed is sent or
delivered in accordance with clause (c) of sub-section (1), or (b)
if the document so addressed or a copy
thereof so addressed is delivered to some person on the land or building. (3)
Where a document is served on a partnership
firm in accordance with this section, the document shall be deemed to be served
on each partner. (4)
For the purpose of enabling any document to
be served on the owner of any property, the Udaipur Development Commissioner or
any other officer authorised by him in this behalf, may, by notice in writing,
require the occupier, if any, of the property to state the name and address of
the owner thereof. (5)
Where an attempt to serve a document on any
person in the manner indicated in the foregoing provisions of this section has
failed it shall be deemed to be an effective service of the document on such
person if the notice of the document to be served is published in some
prominent daily local Hindi newspaper. Every officer and other
employees of the Authority and every member of the Authority, Executive
Committee, other committees, Functional Board and other bodies constituted
under this Act, shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860). (1)
Subject to rules, if any, that may be made
under this Act, and regard being had to the fact that the Authority itself
provides in the areas within the jurisdiction of any local authority all or any
of the amenities which the local authority provides, then the Authority shall
not be liable to pay the taxes including property taxes, if any, but it shall
be lawful for the local authority to arrive at an agreement with the Authority,
with the prior sanction of the State Government, to receive a lump sum
contribution from the Authority in lieu of all or any of the taxes levied or
services rendered by the local authority. (2)
Where no such agreement as is referred to in
sub-section (1) can be reached, the matter may be referred to the State
Government and the State Government may, after giving to the local authority
and the Authority a reasonable opportunity of being heard, decide the amount of
such contribution. The decision of the State Government shall be binding on
both parties. (1)
Any person dealing with the Authority may
execute an agreement in favour of such Authority providing that his employer
shall be competent to deduct from the salary or wages payable to him by the
employer, such amount as may be specified in the agreement and to pay to the
Authority the amount so deducted in satisfaction of any debt or demand of the
Authority against such person. Such an agreement shall be accompanied with a
consent in writing of the employer. (2)
On the execution of such agreement, the
employer shall, if so required by the authority, by requisition in writing and
so long as the Authority does not intimate that the whole of such debt or
demand has been paid, make the deduction in accordance with the agreement and
pay the amount so deducted to the Authority as if it were a part of the salary
or wages payable by the employer as required under the Payment of Wages Act,
1936 (Central Act No. 4 of 1936) on the day on which the employer makes
payment. (3)
If, after the receipt of a requisition made
under the foregoing sub-section, the employer at any time fails to deduct the
amount specified in the requisition from the salary or wages payable to such
person or makes a default in remitting the amount deducted to the Authority,
the employer shall be personally liable for the payment thereof and the amount
shall be recoverable on behalf of the Authority, from the employer as an arrear
of land revenue. (1)
The Authority shall exercise its powers and
perform its duties under this Act in accordance with the policy framed and the
guidelines laid down, from time to time, by the State Government for
development of the areas in the Udaipur Region. (2)
The Authority shall be bound to comply with
such directions which may be issued, from time to time, by the State Government
for efficient administration of this Act. (3)
If, in connection with the exercise of the
powers and the performance of the duties of the Authority under this Act, any
dispute arises between the Authority and the State Government, the matter shall
be decided by the State Government and its decision shall be final. Any officer or employee of
the Authority may, in accordance with the rules made under section 95, be
transferred by the State Government to the Rajasthan Housing Board or any Urban
Improvement Trust or any Municipality on post carrying pay scale not lower than
the pay scale of the officer or employee to be transferred: Provided that lien of the
officer or employee so transferred shall remain in the Authority and he shall
be considered for further promotion whenever a consideration for promotion to
the higher post in his cadre is made in the Authority. The Authority shall have
power to call for any return, statement of accounts, reports, statistics or
other information from and local authority or other authority in the Udaipur
Region, or from any person which is required by it in the exercise of its
powers and the performance of its duties under this Act or under any other law
for the time being in force, and such authority or person shall be bound to
furnish such information. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith in any other
law for the time being in force. (1)
The State Government may, by notification in
the Official Gazette, delegate to any officer subordinate to it all or any
powers conferred on it by or under this Act, other than the power to make
rules. (2)
The Authority may, by a resolution, delegate
any of its powers and functions exercisable by it under this Act or regulations
thereunder, except the power to prepare any Master Development Plan, Zonal
Development Plan or make regulations, to any officer of the Government, any
local authority or other authority or body functioning in Udaipur Region or the
Executive Committee, or any Functional Board or Udaipur Development
Commissioner or any officer subordinate to it, subject to such conditions and
restrictions as may be specified in the resolution: Provided that the delegation
of powers and functions under this sub-section to any officer of the
Government, local authority or other authority or body shall be made with the
consent of the State Government or local authority or other authority or body,
as the case may be. (1)
The State Government or any officer not below
the rank of the Secretary to the Government authorised in this behalf by the or
State Government may, for the purpose of being satisfied as to the correctness,
legality or propriety of any order or resolution passed or purporting to have
been passed , under this Act by the Authority or any committee or officer of
it, call for the relevant record, and may in doing so, direct that pending the
examination of such record, such order or resolution shall be kept in abeyance
and no action in furtherance thereof shall be taken until such examination be
the State Government or by the officer authorised in this behalf be the State
Government and the passing of order under sub-section (2): Provided that no record
relating to an order or a resolution shall be called for under this sub-section
after the expiry of three years from the date of such order or resolution. (2)
After examining the record, the State
Government or the officer authorised as aforesaid may rescind, reverse or
modify such order or resolution and the order of the State Government or the
officer authorised as aforesaid shall be final and binding on the Authority and
on its officers and committees. (1)
Notwithstanding anything contained in this
Act, all local authorities in Udaipur Region shall continue to exercise their
powers, perform their functions and discharge their duties which may not be
inconsistent with any plan, project or scheme of the Authority. (2)
In the event of failure on the part of any
local authority to carry out any plan, scheme, project or any direction given
under this Act, the Authority, if it deems fit, for the development of Udaipur
Region, with the sanction of the State Government and by an order published in
the Official Gazette, may assume any of the powers, functions and duties
performed by any local authority from such date as may be specified in the
order and in that case, such local authority shall, notwithstanding anything
contained in any other law for the time being in force, cease to exercise such
powers, functions and duties from the said date. (1)
The State Government may from time to time
make rules for the purpose of carrying out generally the provisions of this Act
and regulating any particular matter thereunder which requires to be prescribed
or in respect of which rules are required to be or may be made. (2)
All rules made by the State Government under
this Act shall be published in the Official Gazette. (3)
All rules made under this section shall be
laid, as soon as may be after they are so made, before the House of the State
Legislature, while it is in session for a period of not less than fourteen
days, which may comprise in one session or in two successive sessions and, if
before the expiry of the session in which they are so laid or of the session
immediately following, the House of the State Legislature makes any
modification in any of such rules or resolves that any such rule should not be
made, such rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be, so however, that any modification or
annulment shall be without prejudice to the validity of anything previously
done thereunder. (1)
The Authority may, from time to time, make
regulations for all or any of the matters to be provided under this Act by
regulations and generally for all other matters for which provision is, in the
opinion of the Authority, necessary for the exercise of its powers and the
discharge of its functions and duties under this Act. (2)
No regulation made by the Authority under sub-section
(1) shall take effect unless it is published in the Official Gazette. (3)
The State Government may, at any time by
notification in the Official Gazette, repeal wholly or in part or modify any
regulation made by the Authority provided that, before taking any action under
this sub-section, the State Government shall communicate to the Authority the
grounds on which it proposes to do so, fix a reasonable period for the
Authority to show cause against the proposal and consider the explanation and
objections, if any, of the Authority. (4)
The repeal or modification of any regulation
shall take effect from the date of publication of the notification in the
Official Gazette, if no date is therein specified, and shall not affect
anything done or omitted or suffered before such date. If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, as
occasion requires, but not later than two years from the date on which the
Authority is established, by order, do anything, not inconsistent with the
objects and purposes of this Act, which appears to it to be necessary or
expedient for the purposes of removing the difficulty. (1)
Where the State Government is satisfied that
the purpose for which the Authority was established under this Act have been
substantially achieved so as to render the continued existence of the Authority
in the opinion of the State Government is unnecessary, the State Government
may, by notification in the Official Gazette, declare that the Authority shall
be dissolved with effect from such date as may be specified in the notification
and thereupon the Authority shall be deemed to be dissolved accordingly. (2)
From the said date- (a)
all assets, properties, funds and dues which
are vested in, or realisable by, the Authority shall vest in, or be realisable
by, the State Government; (b)
all lands vesting in, belonging to, or placed
at the disposal of, the Authority shall revert to the State Government; (c)
all liabilities which are enforceable against
the Authority shall be enforceable against the State Government; and (d)
for the purpose of carrying out any
development which has not been fully carried out by the Authority and for the
purpose of realising assets, properties, funds and dues referred to in clause
(a), the functions of the Authority shall be discharged by the State
Government. (1)
Save as otherwise provided in this Act, no
civil court shall take cognizance of any matter which is required to be or may
be decided by the Authority, Executive Committee, Udaipur Development
Commissioner, Functional Board, any body thereof, the Tribunal or the State
Government, under this Act. (2)
Save as otherwise expressly provided in this
Act, an order passed or a direction given by the State Government to the
Authority or an order passed or notice issued by the Authority under this Act
shall be final and shall not be questioned in any suit or other legal proceeding. (1)
Notwithstanding anything contained in the
Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter
referred to as the "said Act" and the rules, regulations and bye-laws
made thereunder, as from the date of the constitution of the Authority for the
Udaipur Region under this Act, hereinafter referred to as such constitution,- (a)
the urban area of Udaipur shall cease to vest
in the Urban Improvement Trust, Udaipur (hereinafter referred to as the Trust),
and the Trust shall cease to exercise jurisdiction or the function in that
area; (b)
the Trust functioning in the area covered by
the urban area of Udaipur, immediately before such constitution, shall stand
dissolved; (c)
all land, buildings and other immovable
properties (together with all interest of whatever nature and kind therein)
situated in urban area of Udaipur and vested in the Trust for the purpose of
carrying out or undertaking development or improvement in such area,
immediately before such constitution, shall pass on to and vest in the
Authority so constituted; (d)
all stores, articles or other movable
properties belonging to the Trust held by it for the purpose of carrying out or
undertaking development or improvement in such area, immediately before such
constitution, shall pass on to and vest in the Authority so established; (e)
all assessments, valuations, measurements or
divisions made by the Trust immediately before such constitution in or in
connection with such area, shall, in so far as they are not inconsistent with
the provisions of this Act, continue and be deemed to have been made under the
provisions of this Act unless and until they are superseded by any assessment,
valuation, measurement or division made by the Authority; (f)
all plans, schemes for the development or
improvement of any area declared as the urban area of Udaipur and prepared
under the said Act, shall in so far as they are not inconsistent with the
provisions of this Act, be deemed to have been prepared under this Act and any
such plan or scheme which was in force immediately before the commencement of
this Act, shall continue to be in force so long it is not otherwise dealt with
under this Act; (g)
all records and papers belonging to the Trust
and relating to the development or improvement of such area, including the
plans and schemes and papers relating thereto, as are referred to in clause (f)
shall vest in and stand transferred to the Authority; (h)
every officer or servant serving under the Trust
immediately before such constitution shall, on or from such constitution, be
deemed to have been transferred temporarily for a period of six months to the
Authority within which period until otherwise extended by it, the Authority
shall, after their screening in such manner as may be determined by
regulations, absorb them in the service of the Authority on such posts and with
such designations, as the Authority may determine. The Officer and servants so
absorbed in the service of the Authority may hold office by the same tenure, at
the same remuneration and on the same terms and conditions of service as they
would have held if the Authority had not been constituted, and shall continue
to so hold unless and until such tenure, remuneration and terms and conditions
are duly altered by the Authority. Such of the officers and servants who are
not absorbed by the Authority under its service shall be deemed to be surplus
officers and servants of the Trust and shall be absorbed by the State
Government in the service of any local authority or other authority as the
State Government may deem fit, on such posts, with such designations on such
salary and allowances and on such terms and conditions of service as may be
prescribed but they shall not be absorbed on posts on terms, which are less
advantageous to them in the matter of salary and allowances: Provided that- (i)
any service rendered by any officer or
servant so absorbed before such constitution shall be deemed to be service
rendered under the Authority; and (ii)
the surplus officers and servants not so
absorbed shall be continued in the service of the Authority and their salary
and allowances shall be paid out of the Funds of the Authority until they are
absorbed by the State Government, as aforesaid; (i)
anything done or any action taken including
any appointment, delegation, order, scheme, rule, bye-laws, regulation or form
made or notification issued or permission granted under the said Act, so far as
it is not inconsistent with the provisions of this Act, shall continue in force
and be deemed to have been done or taken under the provisions of this Act
unless and until it is superseded by anything done or any action taken under
the said provisions; (j)
all debts, obligations and liabilities
incurred, all contracts entered into, all allotments and transfers of land made
and all matters and things engaged to be done in or as respects the area
covered by the urban area of Udaipur, by, with or for the Trust for such area
shall, immediately before such constitution, be deemed to have been incurred,
entered into, made or engaged to be done by, with or for the Authority; (k)
notwithstanding anything contained in this
Act, the validity of any declaration of application, publication, notification,
appointment, order, allotment of land, proposal, award, proceeding,
consultation, inquiry, certification, compromise, sanction, agreement, notice,
approval, decision, dispute, withdrawal of any legal proceeding, final scheme
or Act made, held, issued entered into, given, taken, decided, drawn up, or
done, before such constitution, by or on behalf of the Trust, shall be deemed
as if they were made, held, issued, entered into, given, taken, decided, drawn
up or done under this Act by or on behalf of the Authority; (l)
all compromises, defence or withdrawals, made
in or from any legal proceeding, any offence compounded or any claim admitted,
by or on behalf of the Trust before such Constitution shall be deemed to have
made by or on behalf of the Authority and may be enforced by or against the
Authority as effectively as they could be enforced by or against the Trust
before such constitution; (m)
all suits, prosecutions and other legal
proceedings instituted by, for, or against the Trust may be continued or
instituted by, for, or against the Authority; (n)
all properties movable and immovable and all
rights, title and interest in any property vested in the Trust shall vest in
the Authority and all such properties in possession of the Trust shall be
deemed to be in possession of the Authority; (o)
all rents, fees and other sums of money due
to the Trust shall be deemed to be due to the Authority; and (p)
all sums or charges which the Trust was,
immediately before such constitution, entitled to levy, assess and recover for
or in respect of development or improvement of any land in the urban area of
Udaipur, may continue to be levied, assessed and recovered by the Authority
under the corresponding provisions of this Act. (2)
Where any acquisition proceeding have been
started under the provisions of the Rajasthan Urban Improvement Act, 1959 (Act
No. 35 of 1959) or under any other law for the time being in force for any of
the purpose of the Trust, shall be continued and completed under and in
accordance with the provisions of such laws as aforesaid. SCHEDULE LIST
OF CITY, TOWNS AND VILLAGES FALLING IN UDAIPUR REGION City (1)
Udaipur city Village Tehsil-Badgoan (2)
Amberi (3)
Badgoan (4)
Badi (5)
Bedla (6)
Bedla Khurd (7)
Bhilo Ka Bedla (8)
Bhuwana (9)
Bhramano Ka Guda (10)
Chiklwas (11)
Dewali (12)
Dhikli (13)
Dangiyon Ka Guda (14)
Feharniyo Ka Guda (15)
Hathidhara (16)
Hawala Kala (17)
Hawala Khurd (18)
Katara (19)
Kavita (20)
Lai ka Guda (21)
Lakhawali (22)
Liyo Ka Guda (23)
Loyra (24)
Nathavato Ka Guda (25)
Aoton Ka Guda (26)
Paladi (27)
Pratap Pura (28)
Pula ?? (29)
Raghunathpura (30)
Rathoro Ka Guda (31)
Rebariyon Ka Guda (32)
Roop Nagar (33)
Sabalpura (34)
Sapetia (35)
Shobhagpura (36)
Suhker (37)
Thur (38)
Upali Badi (39)
Wada (40)
Shivpuri (41)
Bhilwara Village
Tehsil- Girwa (42)
Aayad (43)
Balicha (44)
Bedwas (45)
Bhoiyon Ki Pancholi (46)
Bichadi (47)
Biliya (48)
Dakan Kotda (49)
Dangiyon Ki Pancholi (50)
Debari (51)
Dewali (Goverdhan Villas) (52)
Dhol Ki Pati (53)
Dholi Mangri (54)
Dhuni Mata (55)
Eklingpura (56)
Fanda (57)
Gadariywas (58)
Gorela (59)
Goverdhan Villas (60)
Govela (61)
Gukher Mangri (62)
Jharno Ki Saray (63)
Jogi Talab (64)
Kaladwas (65)
Kalarohi (66)
Kamlodh (67)
Kamlodh Dungar (68)
Kanpur (69)
Kaya (70)
Kharbadiya (71)
Kheda Kanpur (72)
Kodiyat Chak- A (73)
Kodiyat Chak-B (74)
Madari Paneriyan (75)
Madari Purohitan (76)
Manwakheda (77)
Matun (78)
Nala Fala (79)
Nela (80)
Parda (81)
Panwadi (82)
Rakampura (83)
Savina (84)
Savina Kheda (85)
Seth ji Ki Kundal (86)
Sisarma (87)
Sunderwas (88)
Tilakheda (89)
Titardi (90)
Umarda (91)
Zink Smelter (92)
Kitoda (93)
Surplaya (94)
Sihada (95)
Motadevra (96)
Dai mata (97)
Jhada aduva (98)
Bujhda (99)
Nai (100)
Upla Guda (101)
Changedi (102)
Chanbora (103)
Fatadhra (104)
Lai (105)
Nayakeda (106)
Nohera Village Tehsil- Mavali (107)
Avliyon Ka Kua (108)
Anandpura (109)
Bajaj Nagar (110)
Bamniya Khet (111)
Dabok (112)
Dhana (113)
Dhunimata (114)
Ghanoli (115)
Ghadhva (116)
Gudali (117)
Kundal (118)
Medta (119)
Moriya (120)
Nahar Mangra (121)
Odawadiya (122)
Rebariyon Ki Dhani (123)
Tulsidas ji Ki Saray (124)
Oradi (125)
Khemali (126)
Motikheda (Part of Gudali) (127)
Janjeda (Part of Khemali) (128)
Junawas (Part of Khemali) (129)
Ranawato Ka Guda (Part of Khemali) Village Tehsil- Vallabhnagar (130)
Daroli (131)
Gadriywas (132)
Katka Ka Kua (133)
Maharaj Ki Khedi (134)
Mandesar (135)
Rawatpura Tus (136)
Tus dangiyanThe
Udaipur Development Authority Act, 2023