The rajasthan urban improvement act, 1959

--- Section 1. Section 1.Short title and extent --- (1) This Act may be called the Rajasthan Urban Improvement Act, 1959. (2) It extends to the whole of the State of Rajasthan. --- Section 2. Section 2.Interpretation --- (1) In this Act, unless there is something repugnant in the subject or context,- (i) "amenity" includes read, water supply, street-lighting, drainage, sewerage, public works and such other convenience as the State Government may, by notification in the Official Gazette, specify to be normally an amenity for all or any of the purposes of this Act; (ii) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purpose, whether in actual use or not; (iii) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations undertaken in connection with the construction of buildings; (iv) "Chairman" means the Chairman of a Trust; (iv-a) "Collector" means the Collector of a district and includes an Additional Collector appointed to a district as well as any officer specially appointed by the State Government to perform the functions and exercise the powers of a Collector under this Act; (v) "Engineering operations" includes the formation or laying out of means of access to a road or the laying out of means of water-supply, electricity or drainage; (vi) "improvement" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or making provision for any amenity in, on, over or under any building or land and includes re-improvement; (vii) "master plan" means the master plan prepared and approved for any urban area in accordance with the provisions of Chapter II; (viii) "Trustee" means a member of a Trust, including its Chairman, appointed or elected, under and in accordance with the provisions of section 9; (ix) the expression 'land' and the expression 'person interested' have the meanings respectively assigned them in section 3 of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953); (x) "urban area" means the urban area notified under section 3 or, as the case may be, under section 8; (xi) "zone" means any one of the divisions in which an urban area may be divided for the purposes of improvement under this Act; (xii) all references to anything done, required, authorised, permitted, forbidden or punishable, or to any power vested under this Act, shall include anything done, required, authorised, permitted, forbidden or punishable or any power vested- (a) by any provision of this Act; or (b) by any rule or scheme made under the provision of this Act; or (c) under any provision of the Municipal law for the time being in force which the Trust has by virtue of this Act power to enforce; (xiii) "former trust" means anybody, by whatsoever name designated, whether statutory or non-statutory and whether corporate or otherwise, functioning in any area within the State immediately before the establishment of an Improvement Trust under this Act for such area for the improvement or development thereof. (2) All words and expressions not defined in this Act have, wherever used therein, the same meanings as are assigned to them by the Municipal law for the time being in force: Provided that the expression "Municipal Board" wherever used in this Act shall be deemed to include a Municipal Corporation, a Municipal Council or any other Municipal authority. --- Section 3. Section 3.Power of State Government to order preparation of Master plan --- (1) The State Government may, by order, direct that in respect of and for any urban area in the State specified in the order, a civil survey shall be carried out and a master plan shall be prepared, by such officer or authority as the State Government may appoint for the purpose, (2) For the purpose of advising the officer or authority appointed under sub-section (1) on the preparation of the master plan, the State Government may constitute an advisory council consisting of a Chairman and such number of other members as the State Government may deem fit. --- Section 4. Section 4.Contents of Master plan --- The master plan shall- (a) define the various zones into which the urban area for which the plan has been prepared may be divided for the purposes of its improvement and indicate the manner in which the land in each zone is proposed to be used, and (b) serve as basic pattern of frame work within which the improvement schemes of the various zones may be prepared. --- Section 5. Section 5.Procedure to be followed --- (1) Before preparing any master plan officially the officer or authority appointed to prepare it shall publish a draft of the master plan by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from every person with respect to the draft master plan before such date as may be specified in the notice. (2) Such officer or authority shall also give reasonable opportunity to every local authority within whose local limits any land touched by the master plan is situated to make any representations with respect to the master plan. (3) After considering all objections, suggestions and representations that may have been received, such officer or authority shall finally prepare the master plan. (4) Provisions may be made by rules made in this behalf with respect to the form and contents of a master plan and with respect to the procedure to be followed and any other matter in connection with the preparation of the master plan. --- Section 6. Section 6.Submission of Master plan to Government --- (1) Every master plan shall, as soon as may be after its preparation be submitted to the State Government for approval in the prescribed manner. (2) The State Government may direct the officer or authority appointed for the preparation of a master plan to furnish such information as it may require for the purpose of approving any master plan submitted to it under this section. (3) The State Government may either approve the master plan without modifications or with such modifications as it may consider necessary or reject it with directions for the preparation of a fresh master plan. --- Section 7. Section 7.Date of operation of Master plan --- Immediately after a master plan has been approved by the State Government, it shall publish in the prescribed manner a notice stating that the master plan has been approved and naming a place where a copy of the same may be inspected during office hours: and upon the date of the first publication of the aforesaid notice the master plan shall come into operation. --- Section 8. Section 8.Establishment and incorporation of Trusts --- (1) The State Government may, by notification in the official Gazette, establish, for the purpose of carrying out improvement of any urban area in the State, whether a master plan in respect thereof has or has not been prepared, a Board of Trustees to be called the Improvement Trust of the place where its principal office is situated, hereinafter called 'the Trust'. (2) Every such Trust shall be a body corporate by the aforesaid name having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued. --- Section 9. Section 9.Constitution of Trust --- (1) The Trust shall consist of- (a) a Chairman, (b) two members of the Municipal Board, if any, having authority in the urban area, x x x (bb) x x x (c) such number of other persons, as may be determined by the State Government for each Trust, of whom one shall be a person belonging to scheduled tribe or scheduled caste, if no person of such caste or tribe is represented in the Trust by virtue of clause (a) or clause (b). x x x (2) The Chairman and the persons referred to in clause (c) of sub-section (1) x x x shall be appointed by the State Government by notification. (3) The members of the Municipal Board referred in clause (b) of sub-section (1) shall be elected by the said Board. (4) If the said Board does not, by such date as may be fixed by the State Government, elect two of its members to be Trustees, the State Government shall appoint two members of the said Board to be Trustees and every person so appointed shall be deemed to be a Trustee as if he had been duly elected by the Municipal Board. (5) If the said Board shall have been superseded or dissolved in accordance with the provisions of the Municipal law for the time being in force, it shall be represented on the Trust by persons appointed or elected, as the case may be, by the officer or authority appointed under the said law to discharge the functions and exercise the powers of the Board during the period of its supersession or dissolution. (6) Of the person referred to in clause (c) of sub-section (1) at least one shall be a person in the service of the State Government. (7) The names of all persons appointed or elected to the Trust shall be notified by the State Government in the official Gazette. --- Section 10. Section 10.Resignation of Trustee --- Any Trustee may at any time resign his office, provided that his resignation shall not take effect until accepted by the State Government. --- Section 11. Section 11.Term of office of chairman --- The term of office of the Chairman shall ordinarily be three years. --- Section 12. Section 12.Term of office of other Trustees --- Subject to the foregoing provisions, the term of office of every Trustee elected under clause (b) of sub-section (1) of section 9 shall be three years or until he ceases to be a member of the Municipal Board, whichever period is less, and of every Trustee appointed under clause (c) of the said sub-section shall be three years, or in the case of such Trustee being in the service of the State Government, until he ceases to hold the office by virtue of which he was appointed Trustee, whichever period is less. --- Section 13. Section 13.Commencement of term of office of first Trustees --- (1) The term of office of the first Trustees shall commence on such date as shall be notified in this behalf by the State Government. (2) A person ceasing to be a Trustee by reason of the expiry of his term of office shall, if otherwise qualified, be eligible for re-appointment or re-election. --- Section 14. Section 14.Remuneration of Trustees --- (1) The Chairman may be paid from out of the trust fund such salary or allowances as may from time to time be proposed by the Trust and approved by the State Government. (2) Other Trustees may be paid from out of the trust fund such allowances, if any, as may be proposed by the Trust and approved by the State Government. 14A. Termination of appointment and re-constitution. - Notwithstanding anything contained in section 11, 12 or 15, the State Government may, if it thinks fit in public interest so to do, terminate the appointment of Chairman or any Trustee of a Trust or re-constitute the same at any time. --- Section 15. Section 15.Removal of Trustees --- (1) The State Government may remove from the Trust any Trustee, who- (a) refuses to act, or becomes incapable of acting or absents himself for more than three consecutive months from the meetings of the Trust or of any committee of which he is a member and is unable to explain such absence to the satisfaction of the Trust, or (b) is an undischarged insolvent or has compounded with his creditors, or (c) has been convicted by a criminal court of an offence involving moral turpitude, such conviction not having sub-sequently been set aside, or (d) has knowingly acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the Trust, or (e) has knowingly acted as a Trustee in a matter other than a matter referred to in clause (c) of sub-section (2) in which he or a partner had, directly or indirectly, a personal interest, or in which he was professionally interested on behalf of a client, principal or other person, or (f) has acted in contravention of section 23, or (g) being a legal practitioner, in any suit or other proceedings acts or appears on behalf of any other person against the Trust, or acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of the Trust. (2) A person shall not be deemed for the purpose of sub-section (1) to acquire, or continue to have, any share or interest in a contract or employment by reason only of his- (a) having a share or interest in any lease, sale or purchase of land or building or in any agreement for the same provided that such share or interest was acquired before he became a Trustee, or (b) having a share or interest in a newspaper in which an advertisement relating to the affairs of the Trust is inserted, or (c) holding a debenture or otherwise being interested in a loan raised by or on behalf of the Trust, or (d) having a share or interest in the occasional sale of an article, in which he regularly trades, to the Trust to a value not exceeding, in any one year, such amount as the Trust, with the sanction of the State Government, may fix in this behalf. (3) The State Government may remove from the Trust a Trustee who in its opinion has so flagrantly abused in any manner his position as a Trustee as to render his continuance as a Trustee detrimental to the public interest. (4) When the State Government proposes to take action under the foregoing provisions of this section an opportunity of explanation shall be given to the Trustee concerned, and, when such action is taken, the reasons therefor shall be placed on record and communicated to him in writing. --- Section 16. Section 16.Disabilities of Trustees removed under section 15 --- (1) A Trustee removed under clause (a) or clause (c) of sub-section (1) of section 15, or under sub-section (3) of that section, shall not be eligible for further appointment or election for a period of three years from the date of his removal except when removed for continued absence. (2) A Trustee removed under clause (b) of sub-section (1) of section 15 shall not be so eligible until he has obtained his discharge of has paid his creditors in full as the case may be. (3) The Trustee removed under any other provision of section 15 shall not be so eligible until he is declared to be no longer ineligible, and he may be so declared by an order of the State Government. --- Section 17. Section 17.Filling of casual vacancies --- (1) When the place of a Trustee appointed by the State Government becomes vacant by his resignation, removal, death or otherwise, the State Government shall appoint a person to fill the vacancy. (2) When the place of a Trustee elected under clause (b) of subsection (1) of section 9 becomes vacant by his resignation, removal, death or otherwise the vacancy shall be filled within two months of the existence of such vacancy being notified soon after the occurrence thereof to the Municipal Board by the Trust in the manner provided by sub-section (3) of the said section; provided that if the said Board fails to elect its members to fill the vacancy within the period prescribed above, the provisions of sub-section (4) of section 9 shall apply. (3) The term of office of a Trustee appointed or elected under this section shall be the remainder of the term of office of the Trustee in whose place he has been elected or appointed; Provided that no person elected or appointed under sub-section (2) shall continue to be a Trustee after he has ceased to be a member of the Municipal Board. --- Section 18. Section 18.Conduct of business by Trust --- The Trust shall meet as and when necessary and its business shall be conducted in accordance with regulations made under section 75. --- Section 19. Section 19.Temporary association of members with the Trust for particular purposes --- (1) The Trust may associate with itself, in such manner and for such period as may be prescribed by regulation made under section 75, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2) A person associated with itself by the Trust under sub- section (1) for any purpose, shall have a right to take part in the discussions of the Trust relative to the purpose, but shall not have a right to vote at a meeting of the Trust and shall not be a member of the Trust for any other purpose. --- Section 20. Section 20.Constitution of committees --- (1) The Trust may from time to time appoint committees consisting of a Trustee or Trustees and such other person of any of the following classes as it may think fit. namely:- (i) persons associated with the Trust under section 19: (ii) other persons whose assistance or advice the Trust may desire as members of a committee: Provided that no committee shall consist of less than three persons. (2) The Trustee appointed to a committee or where two or more than two Trustees are so appointed such one of them as may be nominated by the Trust shall be the Chairman of such committee. --- Section 21. Section 21.Functions of committees --- (1) The Trust may- (a) refer to a committee appointed under section 20, for inquiry and report, any matter relating to any of the purposes of this Act, and (b) delegate to such committee by specific resolution and subject to any regulation made under this Act any of the functions or duties of the Trust. (2) Every such committee shall conform to any instructions from time to time given to it by the Trust. 21A. Delegation of powers, duties and functions of the Trust. - Any powers, duties and functions, which may be exercised, or performed by or on behalf of the Trust, may, by a specific resolution of the Trust and subject to such restrictions, limitations and conditions as may be prescribed by rules or regulations, be delegated to the Chairman or the Secretary or any other officer of the Trust, without prejudice to any powers conferred on any committee by or under section 21 of this Act. --- Section 22. Section 22.Conduct of business of committees --- A committee appointed under section 20 shall meet as and when necessary and conduct its business in accordance with regulations made under section 75. --- Section 23. Section 23.Trustees and associated members of Trust or committee not to take part in proceedings in which they are personally interested --- (1) A Trustee who- (a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (2) of section 15, in respect of any matter, or (b) has acted professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take any other part in any proceedings of the Trust or any committee relating to such matter. (2) If any Trustee or any person associated with the Trust under section 19 or any other member of a committee appointed under this Act has, directly or indirectly, any beneficial interest in any land situated in an area comprised in a scheme framed under this Act. or in any area in which it is proposed to acquire land for any of the purposes of this Act- (i) he shall, before taking part in any proceeding at a meeting of the Trust or any committee relating to such area, inform the person presiding at the meeting of the nature of such interest, (ii) he shall not vote at any meeting of the Trust or any committee upon any resolution or question relating to such land, and (iii) he shall not take any other part in any proceeding at a meeting of the Trust, or any committee relating to such area if the person presiding at the meeting considers it inexpedient that he should do so. --- Section 24. Section 24.Power to fix strength, salaries etc. of staff --- Subject to any general or special direction issued by the State Government every Trust shall, from time to time propose for the sanction of the State Government the strength of officers and servants to be appointed, setting forth the conditions of service and emoluments of each officer or servant. The State Government may sanction such proposal with or without amendment and no appointment shall be made otherwise than in accordance with such sanction: Provided that the Trust may, subject as aforesaid, direct that one person shall be appointed to discharge the duties of any two or more offices. 24A. Power of transfer. - The officers and employees of a Trust may be transferred by the State Government from one Trust to another or to the Jaipur Development Authority in accordance with the rules made under section 74. --- Section 25. Section 25.Power of appointment etc. --- Subject to the provisions of section 24 and to any rules for the time being in force, the power of appointing and granting leave to officers and servants of the Trust and censuring, reducing, suspending or dismissing them for misconduct and dispensing with their services for any reason other than misconduct, shall be vested- (a) in the case of officers and servants drawing such monthly salary as may be specified by the State Government for each Trust, in the Chairman, and (b) in other cases, in the Trust: Provided that, in the case of Government servants whose services are lent to the Trust, the power of granting leave only will so vest and the other powers specified in this section will be exercisable by the State Government or by an appropriate authority of the State Government upon a complaint made by the Trust in that behalf or otherwise: Provided further that officers may be appointed to administrative and technical posts in the Trust by the State Government either from amongst staff holding posts in the Trust with nomenclature and duties corresponding to posts in a department of the Government from which promotions to similar posts are made or from amongst officers holding posts en-cadred in the Rajasthan Municipal Service, or the State sendees, and the strength of these services shall stand increased accordingly, if necessary. --- Section 26. Section 26.Control by Chairman --- The Chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the Trust and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances. --- Section 27. Section 27.Delegation of Chairman's functions --- (1) The Chairman may, by general or special order in writing, delegate to any officer of the Trust any of his powers, duties or functions under this Act or under the rules made thereunder except the power to preside over the meetings of the Trust. (2) The exercise or discharge by any officer of any powers, duties or functions delegated under sub-section (I) shall be subject to such conditions and limitations, if any, may be specified in the said order and also to control and revision by the Chairman. --- Section 28. Section 28.Supply of information and documents to the State Government --- (1) The Chairman shall forward to the State Government a copy of the minutes of the proceedings of each meeting of the Trust within ten days from the date on which the minutes of the proceedings of such meeting were signed as prescribed. (2) If the State Government so directs in any case, the Chairman shall forward to it a copy of all papers, which were laid before the Trust for consideration at any meeting. (3) The State Government may require the Chairman to furnish it with- (a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Trust, or (b) a report on any such matter, or (c) a copy of any document in the charge of the Chairman. (4) The Chairman shall comply with every such requisition without unreasonable delay. --- Section 29. Section 29.Schemes-matters to be provided therein --- (1) The Trust shall, on the orders of the State Government or on its own initiative or on a representation made by the Municipal Board and subject to availability of Financial resources, frame schemes for the improvement of the urban area for which the Trust is constituted. (2) Such schemes may provide for all or any of the following matters, namely:- (a) the acquisition of any land or other property necessary for, or effected by, the execution of the scheme: (b) the re-laying out of any land comprised in the scheme; (c) the construction and re-construction of buildings: (d) the formation, construction and alteration of streets; (e) the closure or demolition of dwellings or portions of dwellings unfit for human habitation; (f) the demolition of obstructive buildings or portions of buildings: (g) the draining, water supply and lighting of streets: (h) the raising or levelling of any land which the Trust may deem expedient to raise or level; (i) the forming of open spaces for the benefit of the area comprised in the scheme or any adjoining area: (j) all or any of the sanitary arrangements required for the area comprised in the scheme; (k) the establishment and construction of markets and other places of public requirement or convenience; (l) the limitation of areas within which special trades or industries may or may not be carried on or which are reserved exclusively for residential or other purposes; (m) the division of any land into plots for the erection of buildings for residential purposes; (n) the erection of buildings on any site, the restrictions and conditions in regard to the open spaces to be maintained in or around such buildings, the height and character of such buildings and the architectural features of the elevation or frontage thereof; (o) the amenities to be provided in relation to any site or building or buildings on such site whether before or after the erection of such buildings and the person or authority by whom or at whose expense such amenities are to be provided; (p) the construction of buildings for the accommodation (including shops) of the poor and the working classes or of any other class of the inhabitant of the area comprised in the scheme including such classes as are likely to be displaced by the execution of the scheme; (q) the provision of facilities for communications; (r) the reclamation or reservation of land for gardens, afforestation and the provision of fuel and grass supply and other needs of the population; (s) the planting and preservation of trees and plantations; (t) the sale, letting or exchange of any property or land comprised in the scheme; and (u) any other matter for which in the opinion of the State Government it is expedient to make provision with a view to the improvement of the area comprised in the scheme or the general efficiency thereof. --- Section 30. Section 30.Matters to be considered when framing schemes --- When framing scheme in respect of any area, regard shall be had to- (a) the nature and the conditions of such area and of neighbouring areas as a whole; (b) the several directions in which its expansion appears likely to take place; (c) the likelihood of schemes being framed for other parts of the area; and (d) such other matters as may be prescribed. --- Section 31. Section 31.Schemes to conform to Master plan --- (1) If for and in respect of the urban area for which the Trust is constituted a master plan has been prepared and approved and is in operation, every scheme framed by the Trust in accordance with the provisions of this Chapter shall conform to such master plan and shall not be framed so as to affect on alteration in the different zones defined by the master plan. --- Section 32. Section 32.Previous notification of area for which scheme is framed, duration and effect of such notification --- (1) Whenever the Trust decides to frame a scheme for any urban area, the State Government may, at the request of the Trust, issue a notification specifying such area and declaring that the Trust has decided to frame a scheme for such area. (2) A notification under sub-section (1) shall remain in force for six months from the publication thereof: Provided that the State Government may. for sufficient reasons, extend the said period by a further period not exceeding six months. (2A) Where in the opinion of the State Government, it is necessary so to do in public interest, it may, by order published in the Official Gazette, extend the period of the notification issued under sub-section (1) for such further period as it thinks fit, notwithstanding that the period of the notification or the extended period thereof under the provisions of sub-section (2) has expired. An order under this section may be made so as to be retrospective with effect on and from a date next following the expiration of the period of the notification or the extended period thereof under sub-section (2). (3) If the sanction of a scheme is notified in accordance with section 38 in respect of such area before the expiry of the notification under this section, such notification shall continue in force until the scheme is carried out. ' (4) During the period that a notification under this section remains in force in respect of any urban area, no building shall be erected, re-erected, altered or added within that area without the written sanction of the Trust. --- Section 33. Section 33.Preparation, publication and transmission of notice as to schemes and supply of documents to applicants --- (1) When any scheme has been framed, the Trust shall prepare a notice stating- (a) the fact that the scheme has been framed, (b) the boundaries of the area comprised in the scheme, and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen at reasonable hours. (2) The Trust shall- (a) publish the said notice in such manner as may be prescribed, inviting objections and suggestions from all persons with respect to the draft scheme before such date as may be specified in the notice, and (b) send a copy of the said notice to the Chairman of the Municipal Board. (3) The Chairman shall also cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed by regulations. --- Section 34. Section 34.Transmission to Trust of representation by Municipal Board as to scheme --- The Chairman of any Municipal Board to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 33 shall within a period of sixty days from the receipt of the said copy, forward to the Trust any representation which the Municipal Board may think fit to make with regard to the scheme. --- Section 35. Section 35.Furnishing of copies of extracts from the assessment book of a local body --- The Chairman of the Municipal Board shall furnish the Chairman of the Trust, at his request, with a copy of. or extracts from, the assessment list on payment of such fees as may be prescribed. --- Section 36. Section 36.Abandonment of scheme or application to Government to sanction it --- (1) Alter the expiry of the date referred to in clause (a) of sub-section (2) of section 33 and of the period prescribed by section 34 in respect of any scheme the Trust shall consider any objections, suggestions and representations received thereunder and after affording to all persons making such objections, suggestions or representations a reasonable opportunity of being heard, the Trust may either abandon the scheme or apply to State Government for sanction of the scheme with such modifications, if any, as the Trust may consider necessary. (2) Every application submitted under sub-section (1) shall be accompanied by- (a) a description of, and full particulars relating to the scheme, and complete plans and estimates of the cost of executing the scheme: (b) a statement of the reasons for any modification made in the scheme as originally framed; (c) a statement of objections, if any, received under section 33; (d) any representation received under section 34; and (e) a statement of the arrangements made or proposed by the Trust for the re-housing of persons likely to be displaced by the execution of the scheme, for whose re-housing provision is required. (3) When any application has been submitted to the State Government under sub-section (1) the Trust shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in a local newspaper. --- Section 37. Section 37.Power to sanction, reject or return scheme --- (1) The State Government may sanction, or may refuse to sanction or may return for reconsideration any scheme submitted to it under section 36. (2) If a scheme returned for reconsideration under sub-section (1) modified by the Trust it shall be re-published in accordance with section 33- (a) in every case in which the modification affects the boundaries of the area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired, and (b) in every other case, unless the modification is, in the opinion of the State Government, not of sufficient importance to require re-publication. (3) Notwithstanding anything in section 29 or in any other provision of this Chapter,- (a) it shall be lawful for the State Government to sanction any scheme framed by any Trust before the commencement of the Rajasthan Urban Improvement (Amendment) Act, 1963 comprising in part, any area lying beyond the area for which such Trust was established; (b) upon such sanction being given, all previous notification issued, notices as to scheme prepared, published and transmitted, objections, suggestions or representations, if any, considered, applications for sanction submitted and the notices regarding such submission published in respect of such scheme shall be deemed to have been duly issued, prepared, published and transmitted, considered and submitted and such area shall, notwithstanding anything in section 8, be deemed to have been included in the area for which such Trust was established. --- Section 38. Section 38.Notification of sanction of scheme --- (1) Whenever the State Government sanctions a scheme it shall announce the fact by notification, and the Trust shall forthwith proceed to execute the same. (2) The publication of a notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned. --- Section 39. Section 39.Period for execution of a scheme --- (1) While notifying the sanction of a scheme under section 38, the State Government shall also specify in such notification the period within which the scheme so sanctioned is required to be executed by the Trust. (2) If the Trust fails to complete the execution of the scheme within the period specified under sub-section (1), it shall make an application to the State Government setting forth the reasons for which the scheme could not be executed within the specified period and praying for its extension. (3) The State Government may, in consultation with the Municipal Board concerned, either refuse to extend or may extend the period and the fact of such refusal or extension shall be notified in the official Gazette. --- Section 40. Section 40.Alteration of scheme after sanction --- At any time after a scheme has been sanctioned by the State Government and before it has been carried into execution, the Trust may alter it: Provided that if any alteration is estimated to increase the estimated net cost of executing a scheme by more than Rs. 50,000/- or 5 per cent of such cost, whichever is less, the alteration shall not be made without the previous sanction of the State Government. --- Section 41. Section 41.Combination of schemes --- Any number of areas in respect of which schemes have been or are proposed to be framed may, at any time, be included in one combined scheme. 41A. Provision for previously sanctioned scheme. - Notwithstanding anything contained in this Chapter, all improvement and development schemes falling within the purview of this Act, framed by a former Trust or otherwise and sanctioned by the State Government in relation to any area within the State prior to the establishment of an Improvement Trust under this Act for that area, shall be deemed to be the schemes duly sanctioned and notified under and in accordance with the provisions of this Chapter. --- Section 42. Section 42.Transfer to Trust for purposes of scheme of building or land vested in Municipal Board --- Whenever any building, or any street, square or other land or any part thereof which is vested in the Municipal Board is required for executing any scheme, the Trust shall give notice accordingly to the Chairman of such Board, and such building, street, square, land or part shall thereupon vest in the Trust, subject, in the case of any building to the payment to the said Board of such sum as may be required to compensate it for actual loss resulting from the transfer thereof to the Trust. --- Section 43. Section 43.Nazul lands --- (1) The State Government may by notification in the official Gazette and upon such terms and conditions as may be agreed upon between it and the Trust, place at the disposal of the Trust all or any improved and unimproved lands in the urban area for which the Trust has been constituted and which may be vested in the State (known and hereinafter referred to as Nazul lands) for the purposes of improvement in accordance with a scheme framed and sanctioned under this Act. (2) No improvement of any Nazul land shall be undertaken or carried out except by, or under the control and supervision of the Trust after such land has been placed at the disposal of the Trust under sub-section (1). (3) After any such Nazul land has been improved by, or under the control and supervision of, the Trust, it shall be dealt with by the Trust in accordance with the rules made and directions given by the State Government in this behalf. (4) If any Nazul land placed at the disposal of the Trust under sub-section (1) is required at any time thereafter by the State Government the Trust shall, by notification in the official Gazette, replace it at the disposal of the State Government upon such terms and conditions as may be agreed upon between that Government and the Trust. --- Section 44. Section 44.Transfer of private street or square to Trust for purposes of scheme --- (1) Whenever any street or square or part thereof which is not vested in the Municipal Board's required for executing any scheme, the Trust shall cause to be affixed in a conspicuous place in or near such street, square or part, a notice signed by the Chairman- (a) stating the purpose for which the street, square or part is required, and (b) declaring that the Trust will, on or after a date to be specified in the notice, such date being not less than thirty days after the date of the notice, take over charge of such street, square or part from the owner thereof: and shall simultaneously send a copy of such notice to the owner of such street, square or part. (2) After considering and deciding all objections, if any, received in writing before the date so specified, the Trust may take over charge of such street, square or part from the owner thereof: and the same shall thereupon vest in the Trust. (3) When the Trust alters or closes any street or square or part thereof which has vested in it under sub-section (2), it shall pay reasonable compensation to the previous owner for the loss of his rights therein. (4) If the alteration or closing of any such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, the Trust- (i) shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street, square or part as a means of access to any property or place, and (ii) if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money. --- Section 45. Section 45.Provision of drain or water work to replace another situated on land vested in the Trust under section 42 or section 43 or section 44 --- (1) When any building or any street, square or other land, or any part thereof, has vested in the Trust under section 42 or section 43 or section 44, no drain or water work therein shall vest in the Trust until another drain or water work, as the case may be, if required, has been provided by the Trust, to the satisfaction of the Municipal Board in place of the former drain or water work. (2) If any question or dispute arises as to whether another drain or water work is required or as to the sufficiency of any drain or water work provided by the Trust under sub-section (1) the matter shall be referred to the State Government whose decision shall be final. --- Section 46. Section 46.Power of Trust to turn or close street or square vested in it --- (1) The Trust may- (a) turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof, or (b) discontinue the public use of, or permanently close, any public square vested in it or any part, thereof. (2) Whenever the Trust discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall pay reasonable compensation to every person who was entitled, otherwise than as mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) Whenever the Trust discontinues the public use of, or permanently closes, any public square vested in it or any part thereof, it shall pay reasonable compensation to every person- (a) who was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or (b) whose immovable property was ventilated by such square or part, and who has suffered damage- (i) in case (a), from such discontinuance or closing, and (ii) in case (b), from the use to which the Trust has put such square or part. (4) In determining the compensation payable to any person under sub-section (2) or sub-section (3), the Trust shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is discontinued or closed. (5) When any public street or square vested in the Trust, or any part thereof, is permanently closed under sub-section (1), the Trust may sell or lease so much of the same as is no longer required. --- Section 47. Section 47.Powers under the Municipal Laws vested in the trust --- (1) Such provisions of the Municipal law for the time being in force in any part of the State as may be prescribed in the case of each Trust, shall so far as may be consistent with the tenor of this Act, apply to the urban area for which the Trust is established under this Act and all references in the said provisions to the Municipal Board, Council or Corporation shall be construed as references to the Trust which, in respect of any such urban area may alone exercise and perform all or any of the powers and functions which under any of the said provisions might have been exercised and performed by the Municipal Board, Council or Corporation or by the Chairman or President or by any officer thereof: Provided that the Trust may delegate to the Chairman or to any officer of the Trust all or any of the powers conferred under this section. --- Section 48. Section 48.Transfer of duties etc. of Municipal Board to Trust --- The State Government may by notification in the official Gazette transfer to the Trust any of the duties, powers, functions and responsibilities of the Municipal Board and thereupon the Trust shall carry out, exercise, perform and discharge such duties, powers, functions and responsibilities. --- Section 49. Section 49.Power to make surveys or contribute towards their cost --- The Trust may- (a) cause a survey of any land to be made whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act, or (b) contribute towards the cost of any such survey made by any other local authority. --- Section 50. Section 50.Vesting in Municipal Board of street laid out or altered and open spaces provided by the Trust under scheme --- (1) Whenever the Municipal Board is satisfied- (a) that any street laid out or altered by the Trust has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the scheme sanctioned by the State Government under this Act, (b) that such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Trust have been so provided, and (c) that water and other sanitary conveniences have been duly provided in each street, the Municipal Board, after obtaining the assent of the Trust, or failing such assent, the assent of the State Government under sub-section (3), shall, by a written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall thereupon vest in the Municipal Board and shall thenceforth be maintained, kept in repair, lighted, and cleansed by the said Board. (2) When any open space for purposes of ventilation or recreation has been provided by the Trust in executing any scheme, it shall, on completion, be transferred to the Municipal Board by resolution of the Trust and shall thereupon vest in, and be maintained at the expense of the said Board: Provided that the said Board may require the Trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the Trust and the Municipal Board in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government, whose decision shall be final. --- Section 51. Section 51.Power to purchase or lease by agreement --- The Trust may enter into an agreement with any person for the purchase, leasing or exchange by the Trust from such person, of any land which the Trust is authorised to acquire or any interest in such land. --- Section 52. Section 52.Compulsory acquisition of land --- (1) Where on a representation from the Trust or otherwise it appears to the State Government that any land is required for the purpose of improvement or for any other purpose under this Act, the State Government may acquire such land under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894). x x x (2) After the land has been acquired and its possession taken, the State Government shall, on payment of the amount of compensation as determined under section 11 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) the amount of interest thereon and of all other charges incurred by the State Government in this connection, transfer it to the Trust or to any other prescribed authority or department for the purpose for which it is acquired:

Provided that such transfer of the land may be made to the Trust or to any other prescribed authority or the department of the Government without recovering any amount,- (i) where the State Government is satisfied that any such land is urgently needed by the Trust, prescribed authority or department of the Government for carrying out improvement under the Act immediately, or (ii) where any such land is intended to be allotted free of charge to the Scheduled Castes, Scheduled Tribes or to person entitled under section 31 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) to possess a site for a residential house in the 'abadi' of the urban area free of charge. --- Section 60. Section 60.Disposal of land by the Trust --- (1) The Trust may- (a) with the sanction of the State Government, dispose of by way of allotment, regularization or auction, any land acquired by the State Government and transferred to the Trust without undertaking or carrying on any improvement thereon, or (b) subject to any directions given by the State Government dispose of any such land after undertaking or carrying on such improvement as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the improvement of the urban area concerned according to the master plan or the scheme or both. (2) The power of the Trust with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the Trust and are willing to comply with any requirements of the Trust as to its improvement and use have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them: Provided that where the Trust proposes to dispose of by sale any land without any improvement having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it, subject to such requirements as to its improvement and use as the Trust may think fit to impose. (3) Nothing in this Act shall be construed as enabling the Trust to dispose of land by way of gift but subject as aforesaid references in this Act to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange, mortgage or lease or by the creation of any easement, right or privilege or otherwise. (4) All lands which are deemed to have been placed at the disposal of the Trust under section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of khatedars thereof, as the case may be, shall be available for allotment or regularization preferably to the persons having possession over such land or part thereof, as the case may be, on the basis of allotment made or Patta given to them by the Housing Co-operative Society or on the basis of any other document of transfer of land to them either by tenant or any other person claiming through the tenant, whose tenancy rights have been resumed or surrendered, under the said provision, on such terms and conditions and subject to payment to the Trust of such charges or premium or both, as the case may be, and at such rates as may be prescribed by the State Government in this behalf: Provided that no allotment or regularization of any land shall be made which has been duly earmarked for public utilities/services such as park, nursery, civil or military aviation, bus stand, transport terminal, railways, public roads, highways, footpath, sewage lines, water supply, electricity supply, telephone lines, hospital, school, educational institution, university, cremation ground, grave-yard and for such other purposes as State Government may specify by notification in the Official Gazette. (5) The charges realised under sub-section (4) shall be credited to the Consolidated Fund of the State and the fund of the Trust as may be determined by the State Government. 60A. Transitory provisions for pending matters relating to acquisition of land. - (1) Notwithstanding anything otherwise contained in sub-section (1) of section 52, where, in any matter relating to the acquisition of land pending between 24th day of September, 1984 and 31st July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the 1st day of August, 1987, such action, thing or order shall not be re-opened or reviewed or be liable to be challenged on the ground that such action, thing or order was at variance with that provided in the Land Acquisition Act, 1894 (Central Act 1 of 1984) (hereinafter in this section referred to as the Land Acquisition Act) subject, however, that any further proceeding, action or order in such matter conducted, taken or made on or after the 1st day of August, 1987 shall, subject to the other provisions of this section, be made under and in accordance with the Land Acquisition Act. (2) The amount of compensation or interest or that payable for any other reason shall, in a matter pending on the 1st day of August , 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the 1st day of August, 1987 shall be deducted from or adjusted against the said amount. (3) Where in a matter pending on the 1st day of August, 1987, a notice under sub-section (2) of section 52 or a notice under subsection (1) thereof has been served or, as the case may be, published, such notice shall be deemed to be the notification or declaration published or made under sub-section (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such a matter shall be made within a period of one year or, as the case may be, two years from the 1st day of August, 1987. (4) Where any land has, prior to the 1st day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act as it stood before the 1st day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with sub-section (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the 1st day of August, 1987. (5) In determining the amount of compensation to be awarded in a matter pending on the 1st day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 52, as it stood before the 1st day of August, 1987, shall be taken into consideration. (6) Every transfer of land under this section shall be either on free hold basis or on lease hold basis. (7) 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 tins section, "free hold" means tenure in perpetuity with right of inheritance and alienation. Validation. - Notwithstanding anything contained in any judgment, decree or order or finding of any court, tribunal or Authority to the contrary, any action, thing or order taken, done or made under and in accordance with the provisions relating to acquisition of land contained in the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 35 of 1959), shall be deemed to be valid and effective as if such action, thing or order has been made, taken or done under the said Act as amended by this Act. --- Section 61. Section 61.Improvement Fund --- (1) A fund to be called the 'Improvement Fund' of the place where the principal officer of a Trust is situated shall be constituted for each Trust as soon as it is formed. (2) There shall be credited to this Fund- (i) such sums as may be placed by the State Government at the disposal of the Trust, from time to time, either by way of loan or as subsidy; (ii) such contribution from the Municipal Board as may, from time to time, be ordered by the State Government to be made, after considering the relief or addition to the resources of such Board accruing or likely to accrue from the schemes undertaking by the Trust; (iii) the rents, profits and sale proceeds of all lands, buildings and other property vested or vesting in or acquired by the Trust under this Act; (iv) sums borrowed by the Trust with the previous sanction of the State Government subject to the prescribed conditions, for any of the purposes of the Trust; and (v) all fees and charges payable to or received by the Trust under this Act. --- Section 62. Section 62.Power of Trust to levy betterment charges --- (1) Where as a consequence of any scheme having been executed by the Trust in any area, the value of any property in that area, in the opinion of the Trust, has increased or will increase, the Trust shall, with the sanction of the State Government, be entitled to levy upon the owner of the property or any person having interest therein a betterment charge in respect of the increase in the market value of the property resulting from the execution of the scheme. (2) Such betterment charge shall be an amount equal to one-fourth of the amount by which the market value of the property on the completion of the execution of the scheme, estimated as if the property were clear of buildings, exceeds the market value of the property prior to such execution estimated in like manner. --- Section 63. Section 63.Assessment of betterment charge --- (1) Where it appears to the Trust that any particular scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Trust may, by an order made in this behalf, declare that, for the purpose of determining the betterment charge, the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Trust proposes to assess the amount of the betterment charge in respect of the property under section 62. (2) The Trust shall then assess the amount of the betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Trust, inform the Trust by a declaration in writing that he accepts the assessment or dissents from it. (3) When the assessment proposed by the Trust is accepted by the person concerned within the period specified in sub-section (2), such assessment shall be final. (4) If the person concerned dissents from the assessment or fails to give the Trust the information required by sub-section (2) within the period specified therein, the matter shall be determined by arbitrators in the manner provided in section 64. --- Section 64. Section 64.Settlement of betterment charge by arbitrators --- (1) For the determination of the matter referred to in sub-section (4) of section 63, the State Government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land. (2) Arbitrator shall follow such procedure as may be prescribed. (3) In the event of any difference of opinion among the arbitrators, the decision of the majority shall prevail and that decision shall be the award of the arbitrators. (4) If any arbitrators dies, resigns, or is removed under sub-section (5) or refuses or neglects, in the opinion of the State Government to perform his duties or becomes incapable of performing the same, then the State Government shall forthwith appoint another fit person to take the place of such arbitrator. (5) If the State Government is satisfied after such inquiry as it thinks fit- (a) that an arbitrator has misconducted himself, the State Government may remove him from his office; or (b) that the award of the arbitrator has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the State Government may set aside the award. (6) An award which has not been set aside by the State Government under clause (b) of sub-section (5) shall be final and shall not be questioned in any court. (7) The provisions of the Arbitration Act, 1940 (Central Act 10 of 1940), shall not apply to the arbitration under this section. --- Section 65. Section 65.Payment of betterment charge --- (1) The betterment charge levied under this Act shall be payable in such number of installments and each installment shall be payable at such time and in such manner as may be fixed by regulations made in this behalf. (2) Any arrear of betterment charge shall be recoverable in the manner laid down in the Municipal law for the time being in force for the recovery of municipal claims. --- Section 66. Section 66.Custody, investment and application of Trust Fund --- (1) All the moneys of the Trust shall be kept in a Government treasury or sub-treasury or a bank to which the Government treasury business has been made over. (2) Nothing in the foregoing sub-section shall be deemed to preclude a Trust from investing, with the previous sanction of the State Government, any such moneys which are not required for immediate expenditure, in any of the securities described in section 20 of the Indian Trusts Act, 1882 (Central Act 2 of 1882) or placing them in fixed deposit with a bank approved by the State Government. (3) The Trust Fund shall be applied towards meeting the expenses incurred by the Trust in the carrying out of schemes framed and sanctioned under this Act, and in the administration of the other provisions of this Act and for no other purpose. 66A. Power of the Trust to borrow. - The Trust may, with the previous approval of the State Government, borrow any money for carrying out the purposes of this Act or for servicing any loan obtained by it. at such rates and on such conditions as the State Government may determine at the time money is borrowed. --- Section 67. Section 67.Budget of the Trust --- The Trust shall prepare in such form and at such time every year as may be prescribed a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Trust and shall forward to the State Government such number of copies thereof as may be prescribed. --- Section 68. Section 68.Accounts and Audit --- (I) The Trust shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the State Government may prescribe. (2) The accounts of the Trust shall be subject to audit annually by the Examiner of Local Fund Audit and the provisions of the Rajasthan Local Fund Audit Act. 1954 (Rajasthan Act 38 of 1954) shall apply. --- Section 69. Section 69.Annual Report --- The Trust shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form and on or before such date as may be prescribed. --- Section 70. Section 70.Pension and provident funds --- (1) The Trust shall constitute for the benefit of its officers and other employees, in such manner and subject to such conditions as may be prescribed, such pension and provident funds as it may deem fit. (2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act 19 of 1925) shall apply to such fund as if it were a Government Provident Fund. --- Section 71. Section 71.Failure to repay loans or other dues --- If the Trust fails to repay any loan or any interest or costs in respect thereof, according to the conditions of the loan, the State Government will attach the rents and other income of the Trust and apply the same in satisfaction of such loan and other dues. --- Section 72. Section 72.Restrictions on improvement in urban areas --- (1) In an urban area, no improvement shall be undertaken or carried out by any person or department of the Government unless- (i) it is in accordance with the master plan where it is in operation; or (ii) it is in accordance with the scheme sanctioned and notified under section 38; or (iii) where neither any master plan nor any scheme is in force, it is according to the general approval of the Trust, and unless permission for undertaking or carrying out such improvement has been obtained in writing under the provisions of section 73. (2) No person or department of Government shall use or permit to be used any land or building in any urban area otherwise than in conformity with the master plan where it is in operation or with the scheme sanctioned and notified under section 38 or with the general approval of the Trust, and unless the permission of the Trust for such use has been obtained under section 73: Provided that subject to the provisions of section 73B, it shall be lawful for any person or department to continue to use, upon such terms and conditions, as may be prescribed by regulations made in this behalf, any land or building for the purpose and to the extent for and to which, it is being used upon the date on which such plan or scheme comes into force or as the case may be, the area is declared as an urban area under this Act. --- Section 73. Section 73.Application for permission --- (1) Every person or department of the Government desiring to obtain the permission referred to in section 72 shall make an application in writing in such form and containing such particulars in respect of the improvement to which the application relates as may be prescribed by regulations. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed: Provided that no such fee shall be necessary in the case of an application made by a department of the Government. (3) On the receipt of an application for permission under subsection (1), the officer or authority competent under section 72 to grant the permission, after making such inquiry as may be considered necessary in relation to any matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (4) Where permission is refused the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations. (5) A register of applications for permission under this section shall be kept in such form as may be prescribed by regulations. (6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations. (7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) such portion of the fee as may seem proper in the circumstances, of the case may be refunded. (8) Where in any urban area, an application for undertaking or carrying out an improvement is made to the Trust in the prescribed form and with the prescribed fees and after the receipt of the application to the Trust neglects or omits for one month to grant permission or to reject the application for reasons to be recorded by it, the applicant may, by a written communication, call the attention of the Trust to the omission or neglect, and if such omission or neglect continues for a further period of fifteen days from the date of such communication, the Trust shall be deemed to have permitted the proposed work absolutely and such work may be proceeded within the manner specified in the notice: Provided that nothing herein contained shall be construed to authorise any person to act in contravention of any other provisions of this Act or the rules and regulations made thereunder, relating to any matter other than the requirement of obtaining permission of the Trust before undertaking or carrying out any improvement under this Act. (9) Any person aggrieved by an order of the Trust giving permission subject to conditions imposed by it or refusing to give permission under this Act, may appeal to the Collector, within thirty days from the date of the order giving or refusing such permission, exclusive of the time requisite for obtaining a copy thereof. No such order shall be called in question otherwise than by such appeal. (10) The appellate authority may, if it thinks fit for reasons to be recorded, extend the period allowed for appeal. The order of the appellate authority shall be final: Provided that no order under appeal shall be modified or set aside by the appellate authority until the appellant and the Trust have had a reasonable opportunity of being heard. 73A. Sanction for sub-division or reconstitution of plots. - (1) Any person who intends to sub-divide or re-constitute his plot lying in the area of a Trust established under section 8 shall submit the lay-out plan together with the prescribed particulars to the Trust for sanction. (2) Subject to any rules that may be made in this behalf, the Trust may, within the prescribed period, sanction such plan either without modifications or subject to such modifications and conditions as it considers expedient or may refuse to give sanction, if the Trust is of opinion that such division or re- constitution is not in any way consistent with the proposals of improvement of the urban area of the Trust. (3) If any person does any work in contravention of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction piper sub-section (2), the Trust may direct such person by notice in writing to stop any work in progress and after making an enquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition. (4) Any expenses incurred by the Trust under sub-section (3) shall be a sum due to the Trust under this Act from the person in default. x x x 73B. Restriction on change of use of land and power of the State Government to allow change in the use of land. - (1) Notwithstanding anything contained in section 72 and 73-A,- (i) no person shall use or permit the use of any land situated in any urban area notified under section 8, for the purpose other than that for which such land was originally allotted or sold to any person by the State Government, any Urban Improvement Trust, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a Master Plan, wherever it is in operation; (ii) in the case of any land not allotted or sold as aforesaid and no covered under clause (i), no person shall use or permit the use of any such land situated in a Urban Area notified under section 8, for the purpose other than that for which such land-use was or is permissible, in accordance with the Master Plan, wherever it is operation, or under any law for the time being in force. (2) Notwithstanding anything contained in sub-section (1), the State Government or any authority authorised by it, by notification in the Official Gazette, may allow the owner or holder of any such land, to have change of use thereof, if it is satisfied so to do in public interest, on payment of conversion charges at such rates and in such manner as may be prescribed with respect to the following changes in use:- (i) from residential to commercial or any other purpose; or (ii) from commercial to any other purpose; or (iii) from industrial to commercial or any other purpose; or (iv) from cinema to commercial or any other purpose; or (v) from any existing permissible use of land to any other purposes, as the State Government may prescribe: Provided that rates of conversion charges may be different for different areas and for different purposes. (3) Any person who has already changed the use of land in violation of the provisions of this Act in force at the time of change of use, shall apply to the State Government or any authority authorised by it under sub-section (2), within such period as may be prescribed, for regularisation of said use and upon regularisation of the change of use of land, he shall deposit the amount contemplated under sub-section (2). (4) Where the State Government or the authority authorised by it is satisfied that a person who ought to have applied for permission or regularisation under this section, has not applied and that such permission can be granted or the use of land can be regularised, it may proceed to determine the conversion charges after due notice and hearing the party/parties and the charges so determined shall become due to the Urban Improvement Trust and be recoverable under subsection (6). (5) The conversion charges so realised shall be credited to fund of the Urban Improvement Trust. (6) Charges under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, the use of which has been changed and shall be recoverable as arrears of land revenue. --- Section 74. Section 74.Power of Government to make rules --- (1) The State Government may make rules consistent with this Act- (a) as to the authority on which money may be paid from the Trust fund; (b) for prescribing the fees payable for a copy of or extracts from the assessment list under section 35 or section 73; (bb) for prescribing standards for the sub-division or re- constitution of plots, lay-out of private streets etc., and, for provision of roads, lanes, water connections, electric connections and other amenities to be provided for by the owner at his costs; (bbb) for prescribing the particulars to be submitted under subsection (1) of section 73A, and the period during which the plan shall be sanctioned or refused under sub-section (2) of the same; (c) as to the conditions on which officers and servants of the Trust appointed to offices requiring professional skill may be appointed, suspended or dismissed; (d) as to the intermediate office or offices, if any, through which correspondence between the Trust and the State Government or officers thereof shall pass; (e) as to the manner and form in which the Trust shall maintain accounts and prepare an annual statement thereof including the balance sheet; (f) as to the authority by whom, the conditions subject to which and the mode in which contracts may be entered into and executed on behalf of the Trust; (g) as to the form in which and the time at which the Budget shall be prepared; (h) as to the returns, statements and reports to be submitted by the Trust; (i) as to the mutual relations to be observed between the Trust and other local authorities in any matter in which they are jointly interested; (j) for regulating the grant of leave allowances and acting allowances to the officers and servants of the Trust; (jj) for prescribing the conditions under which the officers and employees of a Trust may, under section 24A, be transferred from one Trust to another or to the Jaipur Development Authority; (k) for establishing and maintaining a pension, provident or annuity fund, for compelling all or any of the officers in the service of the Trust to contribute to such fund at such rates and subject to such conditions as may be prescribed and for supplementing such contributions out of the funds of the Trust: Provided that a Government servant employed as an officer or servant of the Trust shall not be entitled to leave or leave allowance otherwise than as may be prescribed by the conditions of his service under the State Government; (l) for determining the conditions under which the officers and servants of the Trust or any of them shall, on retirement, receive pensions or gratuities or compassionate allowances and the amount of such pensions, gratuities and compassionate allowances; (m) for regulating every matter which, under this Act, may be or is required to be prescribed; x x x (n) generally for the guidance of Trusts and public officers in all matters connected with the carrying out of the provisions of this Act ; (o) for prescribing the rates of conversion charges; and (p) as to the authority to which, and the manner in which an application for permission for change of use of land shall be made, and the manner in, and the authority by, which conversion charges, payable in respect thereof shall be fixed. (2) No rule made under sub-section (1) shall take effect until it is published in the official Gazette, and no such rule shall be made except after previous publication: Provided that any such rule may be made without previous publication if the State Government considers that it should, in public interest, be brought into force at once. --- Section 75. Section 75.Power of the Trust to make regulations --- (1) Every Trust may, from time to time make regulations consistent with this Act and with any rules made under this Act by the State Government- (a) for fixing the amount of security to be furnished by any officer or servant of the Trust from whom if may be deemed expedient to require security, (b) for associating members with the Trust under section 19, (c) for appointing persons, other than Trustees and persons associated with the Trust under section 19, to be members of committees under section 20, (d) for regulating the delegation of powers or duties of the Trust to committees or to the Chairman or to the Secretary or any other officer of the Trust, (e) for regulating, summoning and holding of meetings of the Trust and the committees appointed by it and the conduct of business thereat, (f) for the guidance of persons employed by it under this Act, (g) for prescribing the fees payable for copies of documents delivered under sub-section (3) of section 33 or under section 76, (h) for permitting under section 73 the improvement in the urban area or the management, use and regulation of any land or building including its erection, re-erection and enlarging of its wall or any projecting portion, (i) generally for carrying out the purpose of this Act. (2) All regulations made under sub-section (1) shall be subject to the sanction of the State Government and shall, when so sanctioned, come into force upon their publication in the official Gazette. --- Section 76. Section 76.Printing and sale of copies of rules and regulations --- (1) The Chairman shall cause all rules made under section 74 and all regulations made under section 75 and for the time being in force, to be printed and shall cause printed copies thereof to be delivered to any applicant on payment of such fees as may be prescribed by regulations. (2) Notice of the fact of copies of rules and regulations being obtainable at the said price and of the place where and the persons from whom the same or obtainable shall be given by the Chairman by advertisement in a local newspaper. --- Section 77. Section 77.Power of Government to cancel regulations made under section 75 --- The State Government may, after previous publication of its intention, rescind any regulations made by the Trust which it has sanctioned, and thereupon the regulations shall cease to have effect. --- Section 78. Section 78.Stamping signature on notices or bills --- Every notice or bill which is required under this Act to bear the signature of the Chairman or of any other Trustee or of any officer or servant of the Trust shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman or of such other Trustee or of such officer or servant, as the case may be stamped thereupon. --- Section 79. Section 79.Public notice how to be made known --- Every public notice given under this act shall be in writing over the signature of any officer of the Trust authorised in this behalf and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two more of these means, and by any other means that the Trust may think fit. --- Section 80. Section 80.Service of notices, etc. --- (1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, have as otherwise provided in this Act or such rule or regulation, be deemed to be duly served- (a) where the person to be served is a company, if the document, is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either- (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, 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; (c) where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either- (i) sent by registered post, or (ii) delivered at that office; (d) in any other case, if the document is addressed to the person to be served and- (i) is given or tendered to him; or (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the State or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or (iii) is sent by registered post to that person. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to "the owner" or "the occupier", as the case may be, of that land or building naming that land or building, without further name or description, and shall be deemed to be duly served- (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) if the document so addressed ora copy thereof so addressed, is delivered to some person on the land or building or where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. (3) Where a document is served on a partnership 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 Trust 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 the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. (6) A servant is not a member of the family within the meaning of this section. --- Section 81. Section 81.Disobedience to Act or to notice --- Where, under this Act or a notice given thereunder, the public or any person is required to do or to refrain from doing anything, a person who fails to comply with such requisition, shall, if such failure is not an offence punishable under any other section, be liable, on conviction by a Magistrate to a fine not exceeding live hundred rupees for every such failure and, in the case of a continuing breach to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the breach. --- Section 82. Section 82.Powers to Trust to execute works on failure to comply with notice --- If a notice has been given under this Act to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to private or do or refrain from doing anything within a time specified in the notice, and in such person fails to comply with such notice, then the Trust may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided in the Municipal law for the time being in force for the recovery of municipal claims. --- Section 83. Section 83.Liability of occupier to pay in default of owner --- (1) If the person to whom the notice mentioned in section 82 has been given is the owner of the property in respect of which it is given, the Trust may, whether any action or other proceeding has been brought or taken against such owner or not require the person, if any, who occupies such property or a part thereof under such owner, to pay to the Trust instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 82; and any such payment made by the occupier to the Trust shall be deemed to have been made to the owner of the property. (2) For the purpose of deciding whether action should be taken under sub-section (1) the Trust may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner. (3) All moneys recoverable by the Trust under this section shall be recoverable in the manner provided in the Municipal law for the time being in force for the recovery of municipal claims. --- Section 84. Section 84.Right of occupier to execute works in default of owner --- Whenever default is made by the owner of a building or land in the execution of a work required under this Act to be executed by him, the occupier of such building or land may, with the approval of the Trust, cause such work to be executed, and the expense thereof shall, in the absence of any contract to the contrary, be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner. --- Section 85. Section 85.Procedure upon opposition to execution by occupier --- (1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to a Magistrate of the first class. (2) The Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order. (3) If, after the expiration of eight days from the date of the Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction, to a fine which may extend to twenty-five rupees for every day during which he has so continued to refuse. (4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such work. --- Section 86. Section 86.Recovery of cost of work by the occupier --- When the occupier of a building or land has, in compliance with a notice given under this Act, executed a work for which the owner of such building or land is responsible either in pursuance of the contract or tenancy or by law, he shall be entitled to recover from the owner, by deduction from the rent payable by him or otherwise, the reasonable cost of such work. --- Section 87. Section 87.Relief to agents and Trustees --- (1) When a person, by reason of his receiving or being entitled to receive, the rent of immovable property, as trustee or agent of a person or society would, under this Act, be bound to discharge an obligation imposed by this Act on the owner of the property and for the discharge of which money is required, he shall not be bound, to discharge the obligation unless he has, or but for his own improper act or default, might have had, in his hands, funds belonging to the owner sufficient for the purpose. (2) When an agent or trustee has claimed and established his right to relief under this section, the trust may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use, of the owner, and, should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation. --- Section 88. Section 88.Application of provisions relating to recovery of municipal claims --- Whenever in this Act or in any municipal law for the time being in force made applicable by section 47 of this Act, it is provided that any sum shall be recoverable in the manner provided for the recovery of municipal claims, then, in applying those provisions, all references to the Municipal Board shall be construed as referring to the trust and all references to the Municipal office, a Municipal officer or the Municipal Fund shall be construed as referring to the office of the trust, to an officer of the trust and the funds of the trust respectively. --- Section 89. Section 89.Penalty for removing fence etc. in street --- If any person without lawful authority,- (a) removes any fence, or any timber used for propping or supporting any building, wall or other thing, or extinguishes any light set up at any place; where the surface of street or other ground has been opened or broken up by the Trust for the purpose of carrying out any work, or (b) infringes any order given or removes any bar, chain or post fixed by the trust for the purpose of closing any street to traffic, he shall be punishable with fine which may extend to fifty rupees. 89A. Penalty for improvements in contravention of the Act. - (1) Any person who whether at his own instance or at the instance of any other person, or any department of Government, undertakes or carries out any improvement of any land in any urban area, in contravention of the provisions of sub-section (1) of section 72 or in contravention of any condition subject to which permission for undertaking or carrying on any improvement has been granted under section 73, shall be, punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. (2) Any person who uses any land or building in contravention of sub-section (2) of section 72, or in contravention of the terms and conditions prescribed by regulations under the proviso to that subsection, shall be punishable with fine which may extend to two thousand rupees. --- Section 90. Section 90.Power to prevent or demolish building --- If any person without the permission of the Trust erects, adds to or alters any building or wall so as to make the same project beyond the street alignment or building line shown in any plan finally adopted by the Trust, x x x the Trust may, by a written notice- (a) direct that the erection, alteration or addition be stopped, and (b) require such building or wall to be altered or demolished, as it may deem necessary. --- Section 91. Section 91.Penalty for non-compliance with notice under section 90 --- If any person after due notice given under section 90 does not stop erection, alteration or addition, or does not demolish or alter any building or wall he shall be punishable with fine which may extend to five hundred rupees, or with simple imprisonment, for a period of six months or with both and the said unauthorised construction shall be demolished or altered by the order of the Magistrate dealing with the case if so requested by the Trust. 91A. Order of demolition of buildings etc. - (1) Where the erection of any building in any urban area has been commenced or is being carried on. or has been completed in contravention of the master plan or of any scheme sanctioned and notified by the State Government or of the sanction of the Trust under sub- section (1) of section 72 or without the permission obtained under section 73, or in contravention of any rules or conditions subject to which such permission has been granted, the Trust may, in addition to any prosecution that may be instituted under this Act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding one month as may be specified in the order and on the failure of the owner to comply with the order, the Trust may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made. (2) Any person aggrieved by an order under sub-section (1) may appeal to the Divisional Commissioner against the order within 30 days from the date of the order of the Trust and the Divisional Commissioner may after hearing the parties to the appeal either dismiss the appeal or may reverse or vary the whole or any part of the order. (3) The decision of the Divisional Commissioner in the appeal shall be final and shall not be questioned in any court: Provided that where any officer of the Trust threatens to remove or demolish, or otherwise cause any injury to, an erection, the person aggrieved may file an application for the adjudication of the dispute to the Divisional Commissioner within thirty days of the communication or knowledge of such threat. The decision of the Divisional Commissioner shall be final. 91B. Power to stop improper use of land or buildings in urban areas. - (1) Whoever uses any land or building in any urban area in contravention of the provisions of sub-section (2) of section 72, any officer of the Trust empowered in this behalf may, in addition to any prosecution that may be instituted under the Act for such improper use, make an order requiring such person to stop such improper use immediately.

(2) Where such improper use is not discontinued in pursuance of the requisition under sub-section (1), the Trust or the officer empowered in this behalf may require any police officer to stop such improper use as may be specified in the requisition to the police and to remove from such land or building, any person, other than the owner, making the improper use, and such police officer shall comply with the requisition. 91C. Power to stop building operations. - (1) Where the erection of any building in an urban area has been commenced in contravention of the master plan or any scheme sanctioned and notified by the State Government or of the general approval of the Trust under sub-section (1) of section 72 obtained under section 73, or without the permission or in contravention of any condition subject to which such permission, approval or sanction has been granted but such erection has not been completed, any officer of the Trust empowered in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of service of the order. (2) Where such building operations are not discontinued in pursuance of the requisition under sub-section (1), the Trust or the Officer empowered in this behalf may required by Police Officer to remove the person by whom the erection of the building has been commenced and all his assistants and workmen from the place of the building within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. (3) After a requisition under sub-section (2) has been complied with, the officer empowered in this behalf, may depute by a written order a Police Officer or an Officer or employee of the Trust to watch the place in order to ensure that the erection of the building referred to in sub-section (1) is not continued. (4) Any person failing to comply with an order under sub-section (1) shall be punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order. (5) No compensation shall be claimed by any person for any damage which he may sustain in consequences of the discontinuation of the erection of any building. 91D. Offences by Companies. - (1) If the person committing an offence under this Act, is a company, every person, who was responsible to the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due deligence in preventing the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) when an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this 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 film. 91E. Fines payable to the Trust. - All fines realised in connection with prosecution under this Act shall be paid to the Trust concerned. 91F. Defaults in providing amenities. - (1) If the Trust after holding a local enquiry or upon report from any of its officers or other information in its possession is satisfied that the owner of any land in the urban area under its control has failed to provide any amenity in relation to the land, which in the opinion of the Trust ought to be provided, or to carry out any improvement of the land for which permission has been obtained under this Act, it may serve upon the owner a notice requiring him to provide the amenity or carry out the improvement within such time as may be specified in the notice. (2) If any such amenity is not provided or any such improvement is not carried out within the time specified in the notice, then the Trust may itself provide the amenity or carry out the improvement or have it provided or carried out through such agency as it deems fit: Provided that before taking any action under this sub-section the Trust shall afford reasonable opportunity to the owner of the land to show cause as to why such action should not be taken. (3) All expenses incurred by the Trust or the agency employed by it in providing the amenity or carrying out the improvement together with interest at such rate as State Government may by order fix, from the date on which a demand for the expenses is made till their payment may be recovered by the Trust from the owner as arrears of land revenue. 91G. Power to require local authority to assume responsibility in certain cases. - Where any urban area has been improved by the Trust, the Trust may require the municipality in whose local limits the area so improved is situated to assume responsibility for the maintenance of the amenities which have been provided by the Trust or the amenities which have not been provided by the Trust but which in its opinion should be provided in the area on terms and conditions agreed upon between the Trust and such municipality, and where such terms and conditions cannot be so agreed upon, on terms and conditions settled by the State Government in consultation with the municipality on a reference of the matter to the State Government by the Trust. --- Section 92. Section 92.Penalty for obstructing contractor or removing mark --- If any person- (a) obstructs or molests any person with whom the Trust has entered into of contract in the performance or execution by such person of his duty or anything which he is empowered or required to do under this Act, or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, he shall be punishable with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to two months. 92A. Encroachment or obstruction upon public land. - (1) Whoever- (a) makes or continues to make any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Trust or not, except steps over drain in any public street, or (b) having made such encroachment before coming into force of the Rajasthan Urban Improvement (Second Amendment) Act, 1991, fails to remove such encroachment within fifteen days from the date of service of a notice in writing calling upon him to do so by the Trust, shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to three years and with fine which may extend to twenty thousand rupees: Provided that the court may for any adequate or special reason to be mentioned in the judgement impose a sentence of imprisonment for a term of less than one month. (2) Whoever- (a) makes or continues to make any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Trust or not, except steps over drain in any public street; or (b) having made such obstruction before coming into force of the Rajasthan Urban Improvement (Second Amendment) Act, 1991, fails to remove such obstruction within fifteen days from the date of service of a notice in writing calling upon him to do so by the Trust, shall, on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both. (3) The Trust 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 has 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 Trust or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space. (6) Where any property is seized or attached by an officer authorised by the Trust, he shall immediately make a report of such seizure or attachment to the Trust. (7) The Trust may make such 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 Trust may order it to be sold or otherwise disposed of. (8) Where any property is sold, as aforesaid, the sale proceed thereof after deduction of the expenses of any sale or other incidental expenses relating thereto, shall- (a) Where no order of Confiscation is ultimately passed by the Trust; or (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized. (9) Where any property is seized or attached under sub-section (5), the Trust may order confiscation of such property. (10) No order for confiscating a property shall be made under sub-section (9) unless the 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 the Act. (12) Any person aggrieved by an order made under sub-section (7) or sub-section (9) may, within one month from the date of the communication to him of such order, appeal against it to the District Judge of the District in which such property is seized or attached. (13) On such appeal the District Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (14) Whenever any property is seized or attached pending confiscation under this section the Trust or the District Judge shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, disposal, release or distribution of such property. (15) Where any person is prosecuted of an offence under subsection (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him. (16) Whoever, being an employee of the Trust, specifically entrusted by an order of the Trust in writing with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Trust. (17) No investigation of an offence under this section shall be made by an officer below the rank of a Deputy Superintendent of Police. --- Section 93. Section 93.Trustees, etc. deemed to be public servants --- Every Trustee and every officer and servant of the Trust shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 93A. Liability of Trustees and officers and servants of the Trust. - Every Trustee, officer or servant of the Trust shall be liable for the mis-application of any money or other property owned by or vested in or placed at the disposal of the Trust to which he has been a party of for any loss or waste of such money or property which has been caused or facilitated by his misconduct. The chairman, secretary or other officer or person to whom executive powers are conferred by or under this Act shall be liable for such loss, waste or misapplication, if it is a direct consequence of his neglect or has been caused or facilitated by his misconduct. --- Section 94. Section 94.Contribution by Trust towards leave allowance and pensions of Government servants --- The Trust shall be liable to pay such contributions for the leave allowance and pension of every Government servant employed as an officer or servant of the Trust as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf. --- Section 95. Section 95.Authority for prosecutions --- Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the Trust or some person authorised by the Trust by general or special order in this behalf. 95A. Cognizance of offences. - No court other than that of a Magistrate of the first class shall try any offence against this Act.. --- Section 96. Section 96.Powers of the Trust as to legal matters --- (1) The Trust may- (a) institute, defend or withdraw from any legal proceeding; (b) compound any offence against this Act; (c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise; and (d) obtain such legal advice as may from time to time be considered necessary or expedient, for any of the purposes under this Act or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Trust or any officer or servant of the Trust. (2) The Trust may delegate to any of its committees the power conferred on it under sub-section (1) to be exercised by such committees subject to such conditions and restrictions as may be prescribed. --- Section 97. Section 97.Indemnity of Trust, etc. --- No suit, prosecution or other legal proceeding shall be maintainable against the Trust, or any Trustee, or any officer or servant of the Trust, or any person acting under the direction of he Trust or the Chairman, or any officer or servant of the Trust in respect of anything lawfully and in good faith and with due care and attention done under this Act. --- Section 98. Section 98.Notice of suit against Trust, etc. --- (1) No suit shall be instituted against the Trust or any Trustee, or any person associated with the Trust under section 19 or any member of a Committee appointed under section 20 or any officer or servant of the Trust, or any person acting under the direction of the Trust or of the Chairman or of any officer or servant of the Trust in respect of an act purporting to be done under this Act, until the expiration of two months next after notice in writing has been in the case of a Trust, left at' its office and, in any other case, delivered to or left at the office or place, of the abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left. (2) If the Trust or other person referred to in sub-section (1) shall, before the action is commenced have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or of a declaration of title thereon, be commenced otherwise than within six months next after the accrual of the cause of action therefor. (4) Nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice of the postponement of the commencement of the suit or proceeding. --- Section 99. Section 99.Mode of proof of Trust records --- A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of the Trust shall, if duly certified by the legal keeper thereof or, the secretary of the Trust or any person authorised by the Trust in this behalf be received as prama 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. --- Section 100. Section 100.Restriction on the summoning of Trust servants to produce documents --- No trustee or officer or servant of the Trust shall in any legal proceeding to which the Trust is not a party be required to produce any register or document the contents of which can be proved under the proceedings section by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for special cause. --- Section 101. Section 101.Validation of acts and proceedings --- (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of- (a) the existence of any vacancy in, or any defect in the constitution of, the Trust or any committee; or (b) any person having ceased to be a trustee; or (c) any trustee, or any person associated with the Trust under section 19 or any other member of a committee appointed under this Act having voted or taken part in any proceeding in contravention of section 23; or (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or (e) any omission, defect or irregularly not affecting the merits of the case. (2) Every meeting of the Trust shall be taken to have been duly convened to be free from all defect, and irregularity. --- Section 102. Section 102.Power of entry --- (1) The Chairman or any other person who may be authorised in that behalf by the State Government may, with or without assistants or workman, enter into or upon any land in order- (a) to make any inspection, survey, measurement, valuation or inquiry, (b) to take levels, (c) to dig or bore into the sub-soil, (d) to set out boundaries and intended lines of work, (e) to mark such levels, boundaries and lines by marks and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so far any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme which the Trust intends to frame thereunder; Provided as follows- (a) except when it is otherwise specially provided by rule, no such entry shall be made between sunset and sunrise; (b) except when it is otherwise specially provided by rule, no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry; (c) sufficient 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 the some part, of the premises where their privacy need not be disturbed; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered. (2) Whenever the Chairman enters into or upon any land in pursuance of sub-section (1) he shall at time of such entry pay or tender payment for all necessary damages to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Trust whose decision shall be final. (3) It shall be lawful for any person authorised under sub- section (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier- (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and (b) if the owner or occupier is absent or, being present, refuses to open such door, gate or barrier. --- Section 103. Section 103.General power of Trust to pay compensation --- If any case not otherwise expressly provided for in this Act, the Trust may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested under this Act in the Trust or the Chairman or any officer or servant of the Trust. --- Section 104. Section 104.Compensation to be paid by offenders for damages caused by them --- (1) If, on account of any act or omission, any person has been convicted of an offence under this Act, and by reason of such act or omission, damage has occurred to any property of the Trust., compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence. (3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor. --- Section 105. Section 105.Ultimate dissolution of Trust, and transfer of its assets and liabilities to the Municipal Board --- (1) When all schemes sanctioned under this Act have been executed or have been so far executed as to render the continued existence of the Trust, in the opinion of the State Government, unnecessary, the State Government may by notification declare that the Trust shall be dissolved from such date as may be specified in this behalf in such notification, and the Trust shall be deemed to be dissolved accordingly. (2) From the said date- (a) all properties, funds and dues which are vested in or realisable by the Trust shall vest in and be realisable by the Municipal Board; (b) all liabilities which are enforceable against the Trust shall be enforceable against the Municipal Board; (c) for the purpose of completing the execution of any scheme sanctioned under this Act, which has not been fully executed by the Trust, and of realising properties, funds and dues referred to in clause (a) the functions of the Trust under this Act shall be discharged by the Municipal Board as if it were the Trust under this Act; and (d) the Municipal Board shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised hereunder have been repaid and until all other liabilities referred to in clause (b) have been duly met. --- Section 106. Section 106.Repeal and savings --- (1) The Alwar State Town and Village Improvement Act, 1947, the City of Kota Improvement Act, 1946 and all other corresponding laws or rules, in force in any part of the State shall stand repealed in any area for which a Trust is constituted under this Act or for which a master plan is ordered to be prepared thereunder on and from the date on which such Trust is constituted or such order is made: Provided that such repeal shall not in anyway affect anything done or action taken under the Act, law or rule so repealed, previously to such coming into force. (2) As from the date of the establishment of an Improvement Trust under this Act for any area within the State, hereinafter referred to as such establishment- (a) the former Trust, if any, functioning in that area shall stand dissolved; (b) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in such area and vested or vesting in such former Trust immediately before such establishment shall pass on to and vest in the Trust so established; (c) all stores, articles and other movable properties belonging to such former Trust immediately before such establishment and utilised for or in connection with such area shall pass on to and vest in the Trust so established; (d) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by such former Trust immediately before such establishment in or in connection with such area shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (e) notwithstanding anything contained in this Act, the validity of any declaration, application, publication, notification, appointment, order, proposal, award, proceeding, consultation, inquiry, certification, sanction, agreement, notice, approval, decision, dispute, draft or final scheme or act made, held, issued, entered into, given, taken, decided, drawn up or done, or purporting to have been made, held, issued, entered into, given, taken, decided, drawn up or done, as the case may be, before such establishment in connection with such schemes shall not be liable to be called in question in any court or before any tribunal or authority; (f) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the former Trust immediately before such establishment for or in connection with such area shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Trust so established; (g) all assessments, valuations, measurements or divisions made by the former Trust immediately before such establishment in or in connection with such area shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any assessment, valuation, measurement or division made by the Trust so established under the said provisions; (h) all rates, taxes, fees, rents and other sums of money due to the former Trust in, or in relation to, such area immediately before such establishment shall be deemed to be due to the Trust so established; (i) all rates, fees, rents and other charges leviable in, or in relation to, such area, shall unless and until they are varied by the Trust so established, continue to be levied at the same rate at which they were being levied by the former Trust immediately before such establishment; (j) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against such former Trust immediately before such establishment for any matter in relation to such area may be continued or instituted by or against the Trust so established; and (k) every officer or other employee serving under such former Trust immediately before such establishment in connection with such area shall be required to give an option to become an officer or employee of the Trust so established, with such designation as the Chairman may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Trust had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Trust so established: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage.