The JAMMU AND KASHMIR METROPOLITAN REGION DEVELOPMENT AUTHORITES Act, 2018

METROPOLITAN REGION
DEVELOPMENT AUTHORITES
Act, 2018
(Governor Act No. XLIX of 2018)
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 245
THE JAMMU AND KASHMIR METROPOLITAN
REGION DEVELOPMENT AUTHORITES Act, 2018
(Governor Act No. XLIX of 2018)
CONTENTS
Section.
CHAPTER I
Preliminary
1. Short title and commencement.
2. Definitions.
CHAPTER II
Establishment and Constitution of the Authority
3. Establishment of the Authority.
4. Composition of the Authority.
5. The Chairperson and the Chief Executive Officer.
6. Meetings of the Authority.
7. Executive Committee.
8. Authentication of Proceedings.
9. Constitution of Committees.
10. Members of the Authority not disqualified for being chosen or holding
certain offices.
11. Special or permanent invitees in meetings having no right to vote.
12. Residents Advisory Council.
CHAPTER III
Officers And Staff
13. Appointment of the Chief Executive Officer and other officers of the
Authority.
246 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
Section.
CHAPTER IV
Powers and Functions of the Authority
14. Object of the Authority.
15. Infrastructure Development Plan.
16. Annual Plan for infrastructure development.
16A. Unified Metropolitan Transport Authority.
16B. Composition of Unified Metropolitan Transport Authority.
16C. Functions of Unified Metropolitan Transport Authority.
17. Mobility Management Plan.
18. City Bus service within Metropolitan Region.
19. Plan for sustainable management of urban environment.
20. No development to be undertaken without the permission of the Authority.
21. Power to give instructions.
22. Amenities provided by the Authorities.
23. Execution of projects in certain cases.
24. Power to incorporate subsidiaries and Joint Project Ventures.
CHAPTER V
Finance, budget and accounts
25. Metropolitan Region Development Fund.
26. Loan Fund.
27. Other funds and reserves.
28. Property, funds etc. of the Authority to be applied to the purposes of
the Act.
29. Borrowings.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 247
Section.
30. Grants, Advances and Loans.
31. Guarantee by the Government.
32. Form and manner of keeping accounts.
33. Annual Budget.
34. Annual report.
35. Deficit in Metropolitan Region Development Fund.
CHAPTER VI
Powers Of Taxation
36. Duty on transfer of immovable properties.
37. Cess on lands and buildings.
38. Betterment charges.
39. Manner of payment of betterment charges.
40. Inability to pay betterment charge.
41. Levy and collection of user charges.
CHAPTER VII
Miscellaneous
42. Recovery of unpaid sums as arrears of land revenue.
43. Lump sum payment to other local authorities in lieu of taxes etc.
44. Deduction of sums due to the Authority from salaries or wages in certain
cases.
45. Power of the Government to give directions.
46. Power to call for information.
47. Delegation of Powers.
48. Member, Officer and employees to be public servants.
Section.
49. Indemnity for action taken in good faith.
50. Power to make Rules.
51. Power to make regulations.
52. Overriding effect.
53. Power to remove difficulties.
–––––––
THE JAMMU AND KASHMIR METROPOLITAN
REGION DEVELOPMENT AUTHORITES Act, 2018
(Governor Act No. XLIX of 2018)
[Received the assent of the Governor on 16th December, 2018 and
published in Government Gazette dated 16th December, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic of India.
An Act to provide for the establishment of Metropolitan Region
Development Authorities, for the Metropolitan Regions of the 1[Union
territory of Jammu and Kashmir] for the purposes of co-ordinating and
supervising the proper, orderly and rapid development of the areas in such
Regions and executing plans, projects and schemes for such development,
and to provide for matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation No. P-1/18 of 2018
dated 20th of June, 2018, the Governor is pleased to enact as follows :—
CHAPTER I
Preliminary
1. Short title and commencement. ––(1) This Act may be called the
Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018.
(2) It shall come into force on such date as the Government may, by
notification in the 2[Government Gazette], appoint.
2. Definitions. ––(1) In this Act, unless the context otherwise requires,—
(a) “Act” means the Jammu and Kashmir Metropolitan Region
Development Authorities Act, 2018 ;
(b) “Amenity” means any item of infrastructure developmental
work ;
(c) “Authority” means the Authority established under section 3 ;
1. Substituted by S.O. 3466(E) dated 05.10.2020 for “State”.
2. Now Official Gazette.
250 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(d) “Chief Executive Officer” means the Chief Executive Officer
appointed under sub-section (1) of section 13 ;
(e) “Development” with its grammatical variations, means the carrying
out of building, engineering, mining or other operations or the
making of any material change in any building or land, or in the
use of any building or land and includes redevelopment,  layout
and sub-divisions of any land and also the provision of amenities
and projects, and “to develop” shall be construed accordingly ;
(f) “Development Authority” means any Authority established under
the Jammu and Kashmir Development Act, 1970 (Act No. XIX of
1970) having jurisdiction, whether wholly or partially, in the areas
covered by the Metropolitan Region Development Authority ;
(g) “Development Plan” means a plan prepared or modified in terms
of Chapter III and Chapter IV of the Jammu and Kashmir
Development Act, 1970 ;
(h) “Executive Committee” means the Executive Committee constituted
under section 7 ;
(i) “Government” means the Government of Jammu and Kashmir ;
(j) “Infrastructure Development Plan” means the infrastructure plan
published under sub-section (5) of section 15 ;
(k) “Infrastructure Development Work” means development of
infrastructure such as roads, water supply systems and water
treatment, sewerage systems, sewerage treatment and disposal,
drainage, electricity transmission and distribution systems, solid
waste management facility, metro railway systems, piped natural
gas, communications or such other urban infrastructure which
connects two or more sectors, municipal colonies or villages or
which provides for the infrastructure needs of the Region, but
does not include any internal development work ;
(l) “Internal Development Work” means development of roads,
provision of water supply, sewerage, drainage, electricity,
sanitation or such other urban facilities or amenities within a
sector, colony, municipal colony or abadi deh areas of villages
located in the Region ;
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 251
(m) “Land” includes benefits to arise out of land, and things attached
to the earth, or permanently fastened to anything attached to the
earth ;
(n) “Metropolitan Region” or “Region” means the area notified by
the Government as the Srinagar Metropolitan Region and the
Jammu Metropolitan Region for the purposes of the Act ;
(o) “Mobility” means movement of a person on foot or a wheeled
conveyance of any description ;
(p) “Mobility Management Plan” means the mobility management plan
for managing mobility in the Region published under sub-section
(5) of section 17 ;
(q) “Prescribed” means prescribed by rules made under this Act ;
1[x x x x]
(s) “Residents Advisory Council” means the Residents Advisory
Council constituted under section 12 ; and
1[x x x x].
(2) Words and expressions used in this Act but not defined herein shall
have the same meaning as respectively assigned to them in 2[the General
Clauses Act, Samvat 1977 (Act No. XX of 1977)], the Jammu and Kashmir
Development Act, 1970 (Act No. XIX of 1970), Jammu and Kashmir Municipal
Act, 2000 (Act No. XX of 2000), The Jammu and Kashmir Municipal
Corporation Act, 2000 (Act No. XXI of 2000) and the relevant laws for the
time being in force in the 3[Union territory of Jammu and Kashmir].
CHAPTER II
Establishment and Constitution of the Authority
3. Establishment of the Authority.––(1) As soon as, after the
commencement of this Act, the Government may, by notification establish,
for the purposes of this Act, two authorities  namely “Srinagar Metropolitan
Region Development Authority” and “Jammu Metropolitan Region
1. Clauses (r) and (t) omitted by S.O. 3466(E) dated 05.10.2020 for “State”.
2. Now the General Clauses Act, 1897 (10 of 1897).
3. Substituted by S.O. 3466(E) dated 05.10.2020 for “State”.
252 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
Development Authority” for the two Metropolitan Regions  notified  under
clause (n) of sub-section (1) of section 2 of the Act, from time to time.
(2) The Authority so constituted shall be a body corporate, having
perpetual succession and a common seal, with power, subject to the
provisions of this Act, to acquire, hold and dispose of property, both
moveable and immoveable and to contract and may sue or be sued by its
corporate name as aforesaid.
(3) The Authority shall be deemed to be a local authority within the
meaning of the term “Local Authority” as defined in 1[the General Clauses
Act, 1897 (10 of 1897)].
4. Composition of the Authority. ––(1) The Authority established under
section (1) of section 3 shall consist of the following members, namely :—
(i) Chief Minister ;
(ii)  Minister for Housing and Urban Development ;
(iii)  Minister for Transport ;
(iv) Members of Parliament in the Metropolitan Region ;
(v) Minister of State for Housing and Urban Development ;
(vi)  Mayor of the Municipal Corporation concerned ;
(vii)  Presidents of the Municipal Committees and Municipal Councils
within the Metropolitan Region ;
(viii) Chairperson(s) of the District Planning and Development Board(s)
in the Metropolitan Region ;
(ix) Four Members of the Legislative Assembly, representing
constituencies falling wholly or partly within the limits of the
Metropolitan Region, to be nominated by the  Government ;
2[(x) One Member of the Legislative Council, to be nominated by the
Government ;]
1. Substituted by S.O. 3466(E) dated 05.10.2020 for “the General Clauses Act, Samvat 1977”.
2. In view of the non-existence of Legislative Council in the Union territory, the words within
brackets need to be deleted.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 253
(xi) Chief Secretary to the Government of Jammu and Kashmir ;
(xii) Administrative Secretary, Housing and Urban Development
Department ;
(xiii) Chief Executive Officer ;
(xiv) Divisional Commissioner and Inspector General of Police of the
respective Region ;
(xv) Municipal Commissioner of the Municipal Corporation within the
Capital City ;
(xvi) Such experts of eminence, not exceeding six, as the Government
may from time to time nominate from the field of urban
infrastructure, public administration, finance, management, urban
forestry, environment, engineering, town planning, etc. as
members ;
(xvii) Vice-Chairperson(s)/Chief Executive Officer(s) of the Development
Authority(ies) ; and
(xviii) Deputy Commissioner(s) of the District(s) falling in the
Metropolitan Region.
(2) The Chief Minister of the 1[Union territory of Jammu and Kashmir]
shall be the Chairperson and the Chief Executive Officer shall be the Member-
Secretary of the Authority.
(3) With effect from the date of establishment of Authority under sub-
section (1) of section 3, the Authority shall be deemed to be duly constituted,
notwithstanding that there may be any vacancies as some of the members
may not have been nominated or appointed or for any other reason may not
be available to take office on that day and the members of the Authority,
who may, from time to time, be available shall be competent to exercise,
perform and discharge all the powers, duties and functions of the Authority
from that date.
(4) The Government may, from time to time, notify the names of members
nominated under clauses (ix), (x) and (xvi) of sub-section (1).
1. Substituted by S.O. 3466(E) dated 05.10.2020 for “State”.
254 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(5) The members shall receive such allowances as may be determined
by regulations for meeting the personal expenditure in attending the meetings
of the Authority or any Committee or body thereof, or in performing any
other functions as a member.
(6) Where a person becomes or is elected or nominated as a member
of the Authority by virtue of holding any office or being a member of the
Legislature or any local authority, or Committee or body thereof, he shall
cease to be a member of the Authority, as soon as he ceases to hold that
office or to be such member, as the case may be.
(7) A member of the Authority, other than ex-officio member, may, at
any time, by writing under his hand addressed to the Chairperson, resign
from his office.
(8) No act or proceeding of the Metropolitan Region Authority, or of
any Committee thereof, shall be deemed to be invalid at any time merely on
the ground that—
(a) any of the members of the Authority or its Committee are not duly
elected, nominated or appointed or for any other reason are not
available to take office at the time of the constitution or any
meeting of the Authority or of its Committee or body or there
is any defect in the constitution thereof, or any person is a member
in more than one capacity or there are one or more vacancies in
the offices of any such members ; and
(b) there is any irregularity in the procedure of the Authority or such
Committee not affecting the merits of the matter under consideration.
1[Explanation :—During the continuation of proclamation under section 73
of the Jammu and Kashmir Reorganisation Act (34 of 2019),
the term ‘Chief Minister’ shall mean and include ‘Lieutenant
Governor’ for the purposes of this section.]
5. The Chairperson and the Chief Executive Officer. ––(1) The
Chairperson of the Authority shall supervise and control all the activities on
behalf of the Authority and shall exercise such powers and perform such
duties as are conferred on him by this Act and exercise such other powers
and perform such other duties as the Authority may, from time to time, by
regulations determine.
1. Explanation substituted by S.O. 3466(E) dated 05.10.2020.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 255
(2) Subject to the provisions of sub-section (1), the Chief Executive
officer shall,––
(a) be the Chief Executive of the Authority ; and shall exercise such
powers and perform such functions or duties as the Authority
may, by a resolution passed in this behalf, direct. The Chief
Executive Officer may, by general or special order, further direct
that such of the powers, functions or duties delegated to him as
aforesaid or under sub-section (5) of section 7 shall be exercised
or performed by such of the officers of the Authority, as may
be specified in such order ;
(b) supervise and control all its officers and servants, including
any officers of the Government appointed, from time to time,
on deputation to the Authority or any Committee or body
thereof ; and
(c) be responsible for collection of all sums due to the Authority and
payment of all sums payable by the Authority. He shall ensure
adequate security of all assets, including cash balances, of the
Authority. He shall also be responsible for performing all executive
functions in connection with the works of the Authority.
(3) Subject to the provisions of sub-section (2), the Executive Committee
shall, from time to time, by order determine the powers and duties of any
Additional, Deputy and Assistant Chief Executive Officers appointed under
section 13.
6. Meetings of the Authority. ––(1) The Authority shall meet at least
once in six months, at such place and at such time as the Chairperson may
decide and shall, subject to the provisions of sub-section (3), observe such
rules of procedure in regard to transaction of business at its meetings
(including the quorum) as may be laid down by the regulations.
(2) The Chairperson shall preside at the meetings of the Authority. In
the absence of the Chairperson, at any meeting, any other member of the
Authority nominated by the members present at the meeting shall preside
at such meeting.
(3) A member of the Authority, who has acquired or acquires, directly
or indirectly, any share or pecuniary or other interest in any contract, loan
256 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
arrangement or proposal entered into, or proposed to be entered into, by or
on behalf of the Authority, shall cease to be a member of the Authority :
Provided that a member shall not be deemed to have any such share
or interest by reason only of his being a shareholder of a public limited
company concerned in any such contract, loan, arrangement, or proposal or
that he himself or any relation of his is employed by or on behalf of the
Authority, or he has such share or interest in his capacity as a member of
the Authority, or his property, or any property in which he has a share or
interest, is or is being acquired or taken on lease by or on behalf of the
Authority by agreement or according to any law for the time being in force.
(4) If any question arises whether a member of the Authority has
become subject to the disqualification mentioned in the last preceding
subsection, the question shall be referred for decision of the Government,
and its decision thereon shall be final.
7. Executive Committee. ––(1) There shall be an Executive Committee
of the Authority, consisting of the following members, namely :—
(a) Chief Secretary to the Government of Jammu and Kashmir ;
(b) Administrative Secretaries of Housing and Urban Development,
Finance, Planning, Monitoring and Development, Tourism,
Transport, R&B and PHE and  Flood Control Departments ;
(c) Divisional Commissioner and the Inspector General of Police of
the respective Region ;
(d) Municipal Commissioner of the Corporation in Capital City ;
(e) Vice-Chairperson(s)/Chief Executive Officer(s) of Development
Authority(ies) in the Region ;
(f) Chief Executive Officers of Jammu & Srinagar Smart Cities Ltd. ;
(g) Chief Executive Officer Economic Reconstruction Agency ;
(h) Chief Town Planner, Town Planning Organization of the Region ;
(i) Managing Director J&K Housing Board ;
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 257
(j) Three members who are experts in the field of urban planning and
infrastructure development, to be appointed by the Government ;
and
(k) Financial Advisor/Chief Accounts Officer of the Authority.
(2) The Chief Secretary shall be the Chairperson of the Executive
Committee and the Chief Executive Officer appointed under section 13 of the
Act, shall be the Member-Secretary of the Executive Committee.
(3) Subject to the provisions of section 33 and the guidelines or
directives issued by the Authority, the Executive Committee shall exercise
the following powers and perform the following duties, namely :—
i. Appointment of the staff ;
ii. Planning and implementation of the projects and schemes of the
Authority, including approval or rejection of such projects and
schemes ;
iii. Approval or rejection of tenders for projects and schemes ;
iv. Grant of permission or refusal of permission, on behalf of the
Authority, under sub-section (3) of section 20 ;
v. Investment of surplus moneys of the Metropolitan Region
Development Fund ;
vi. Institution, conduct and withdrawal of any legal proceedings on
behalf of the Authority ; and
vii. The powers (except the power to make regulations) delegated or
the functions or duties imposed, from time to time, on the
Executive Committee by the Authority.
(4) The Executive Committee shall meet at such place and at such time
as may be determined by its Chairperson and shall observe such rules of
procedure as it may determine.
(5) The Executive Committee may, from time to time, by a resolution
passed in this behalf, direct that any power and any function or duty which
258 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
is conferred on it, by or under the provisions of this Act, shall be exercised
or performed by the Chief Executive Officer.
8. Authentication of Proceedings.–– All proceedings of the Authority
and the Executive Committee shall be authenticated under the seal and
signature of the Chairperson of the Authority or the Executive Committee,
as the case may be, or of any member thereof authorized by the Chairperson
in this behalf, and all other orders and instruments of the Authority and the
Executive Committee shall be authenticated by the Chief Executive Officer or
by any other officer of the Authority authorized by the Authority, the
Executive Committee or the Chief Executive Officer in this behalf.
9. Constitution of Committees. ––(1) The Authority may constitute
committees consisting wholly of members of such Authority or partly of other
persons and for such purpose or purposes, as it may think fit ; and entrust
to any such committee such powers as the Authority may specify by
regulations.
(2) The committees constituted under this section shall meet at such
place and at such time, and shall observe such rules of procedure in regard
to the transaction of business at its meetings as may be provided by the
regulations.
(3) The members of the committees may be paid such allowances for
meeting the personal expenditure in attending the meetings and for attending
to any other work of the committees, as may be provided by regulations.
10. Members of the Authority not disqualified for being chosen or
holding certain offices.–– Notwithstanding anything contained in any other
law for the time being in force, a member (including the Chairperson of the
Authority or any of its Committees) shall not be disqualified for being chosen
as, and for being, a Member or Councillor of the 1[State Legislature] or any
local authority or any committee members of or body of such legislature or
authority, merely by reason of the fact that he is a member of the Authority
or any of its Committees.
11. Special or permanent invitees in meetings having no right to
vote.–– The Authority, or the Executive Committee may invite any officer of
the Government or local authority to attend its meeting or meetings as a
special or permanent invitee for the purpose of assisting or advising it on
1. Now Legislative Assembly of the Union territory of Jammu and Kashmir.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 259
any matter or matters. The officer so invited may take part in the proceedings,
but shall have no right to vote.
12. Residents Advisory Council. ––(1) There shall be a Residents
Advisory Council to aid and advise the Authority in discharge of its
functions.
(2) The Residents Advisory Council shall consist of the Chief Executive
Officer, who shall preside over the meetings of the council and the following
members, namely :—
(a) Commissioner of the Municipal Corporation concerned ;
(b) Deputy Commissioners and Superintendents of Police of the
Districts falling in the Metropolitan Region ;
(c) Director Urban Local Bodies of the respective division ;
(d) Director Tourism of the respective division ;
(e) Chief Engineers of Public Works Department, Public Health
Engineering Department, Power Development Department and
Urban Environment Engineering Department of the Region ;
(f) such officers of the Authority, not exceeding two, as the Chief
Executive Officer may, from time to time, nominate ; and
(g) such persons, not less than six and not more than ten, being
residents in the Metropolitan Region, to be nominated from
amongst resident welfare associations, civil society, labour,
industry, real estate developers, commerce and services by the
Authority or the Executive Committee, in such manner and for
such term, as may be prescribed.
(3) The Residents Advisory Council may aid and advise the Authority
on the implementation of the annual plan of action for infrastructure
development, mobility management plan and the plan for sustainable
management of the urban environment and make appropriate such
recommendations, as it may decide.
(4) The recommendations of the Residents Advisory Council, along
with an explanatory memorandum on the action taken or proposed to be taken
260 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
thereon, shall be placed by the Chief Executive Officer before the Authority.
(5) The procedure for conduct of meetings and transaction of business
of the Residents Advisory Council shall be such, as may be prescribed.
(6) The members of the Residents Advisory Council nominated under
clause (e) of sub-section (2), may receive such allowances for attending the
meetings of the Authority, as may be prescribed.
CHAPTER III
Officers And Staff
13. Appointment of the Chief Executive Officer and other officers of
the Authority. ––(1) The  Government shall appoint a Chief Executive Officer
for the Authority who shall be an officer not below the rank of Principal
Secretary to the Government.
(2) The Government may, on a request being made by the Executive
Committee, appoint,—
(a) one or more Additional/Deputy/Assistant Chief Executive Officers
who shall be officer(s) not below the rank of Secretary/Special
Secretary/Additional Secretary to the Government ; and
(b) Financial Advisor/ Chief Accounts Officer for the Authority who
shall be an officer not below the rank of Financial Advisor/ Chief
Accounts Officer of the Jammu and Kashmir Accounts (Gazetted)
Service.
(3) The Authority may, from time to time, with the approval of
Government sanction creation of posts of other officers and staff to the
Authority as it may deem necessary.
(4) The conditions of appointment and service and the powers and
duties of such officers and staff shall be such as may be determined by the
regulations.
(5) The Chief Executive Officer may engage temporarily, on such fee
and remuneration and for such period, such experts of eminence having such
experience, as may be specified by regulations.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 261
CHAPTER IV
Powers and Functions of the Authority
14. Object of the Authority. ––(1) The main object of the Authority shall
be to secure the development of the Metropolitan Region according to the
Development Plan and for that purpose, the functions of the Authority shall
be to,—
(i) review any physical, financial and economic plan ;
(ii) review any project or scheme for development which may be
proposed or may be in the course of execution or may be
completed in the Metropolitan Region ;
(iii) formulate Schemes for the development of the Metropolitan
Region or any part thereof ;
(iv) execute projects and schemes ;
(v) recommend to the Government any matter or proposal requiring
action by the Government or any other authority for the overall
development of the Metropolitan Region ;
(vi) participate with any other authority for inter-regional develop-
ment ;
(vii) finance any project or scheme for the development of the
Metropolitan Region ;
(viii) coordinate execution of the projects or schemes for the
development of the Metropolitan Region ;
(ix) supervise or otherwise ensure adequate supervision over the
planning and execution of any project or scheme, the expenses
of which, in whole or in part, are to be met from the Metropolitan
Region Development Fund ;
(x) prepare schemes and advise the concerned authorities in
formulating and undertaking schemes for development of social,
economic and industrial infrastructure in the Metropolitan
Region ;
262 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(xi) prepare and implement schemes for providing alternative
accommodation and for rehabilitation of persons displaced by
projects and schemes which provide for such requirements ;
(xii) enter into partnership with leading institutions in the fields of
policy planning and development to strengthen the institutional
capacity of the Authority ; and
(xiii) do all such other acts and things as may be necessary for or
incidental or conducive to any matters which arise on account
of its activity and which are necessary for furtherance of the
objects for which the Authority is established.
(2) Notwithstanding anything contained in the Jammu and Kashmir
Development Act, 1970, the Jammu and Kashmir State Town Planning Act,
1963, or any other law for the time being in force, the Authority shall assist
the concerned authority in preparation of the Master Plan, Zonal Plan or Town
Planning Scheme, as the case may be, under the provisions of these Acts.
(3) The Authority may also, in consultation with the authority concerned,
for the purpose of the integrated development of the Metropolitan Region,
undertake modification or revision of the Development Plans and shall for this
purpose have all the powers of the authorities under these Acts and obtain
the approval of the Government to the same. In doing so, the Authority shall
take into consideration all the relevant plans of the authorities in the Region
and specify the extent and the reason for modification of each such plan.
15. Infrastructure Development Plan. ––(1) The Chief Executive Officer
shall, within such period from the commencement of this Act and at such
intervals thereafter, as may be specified by the Authority, after such
consultations as may be specified by regulations, prepare an infrastructure
development plan for the Metropolitan Region :
Provided that such infrastructure development plan shall be in
conformity with the Development Plan(s).
(2) The infrastructure development plan shall—
(a) describe and detail the infrastructure development work and
amenities, including but not limited to roads, water supply, sewage
disposal, storm water drainage, electricity, solid waste management,
public transportation, parking and other amenities, required for the
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 263
maintenance of a reasonable standard of livability in the
Metropolitan Region or part thereof :
Provided that nothing in this clause shall apply to any internal
development work in the Metropolitan Region  :
Provided further that the parameters for measuring the
reasonable standard of livability of residents shall be such, as may
be determined by the Authority ; and
(b) specify the right of way requirements for infrastructure development
work under, over, along, across or upon any road or public street
or any property vested in or under the control or management
of the Authority, including but not limited to electricity,
telecommunications, piped natural gas, provided by entities under
a license issued by or under any 1[Union territory of Jammu and
Kashmir] law :
Provided that the right of way requirements shall make provision for
prevention of frequent damage to road and related infrastructure standing
thereon.
(3) The Chief Executive Officer shall cause the infrastructure development
plan to be published for the purpose of inviting objections or suggestions
thereon.
(4) Any person may within a period of thirty days from the date of
publication of the plan under sub-section (3), send his objections or
suggestions in writing, if any, in respect of such plan to the Chief Executive
Officer and he shall submit, within a period of sixty days from the aforesaid
date, the infrastructure development plan along with his recommendations to
the Authority.
(5) After considering the objections and suggestions, if any, and the
recommendations of the Chief Executive Officer thereon, the Authority shall,
subject to such modifications as it deems fit, prepare final infrastructure
development plan and publish the same.
16. Annual Plan for infrastructure development. ––(1) The Chief
Executive Officer shall, based on the infrastructure development plan
published under sub-section (5) of section 15 and an assessment of the
1. Substituted by S.O. 3466(E) dated 05.10.2020 for “State”.
264 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
availability of resources, prepare an annual plan of action for infrastructure
development and provision of amenities in the ensuing financial year.
(2) The annual plan of action for infrastructure development and
provision of amenities referred to in sub-section (1) shall contain schemes
or projects for infrastructure development work or amenities proposed in the
ensuing financial year along with an estimate of funds required for its
implementation and source of funding.
(3) The annual plan of action for infrastructure development under sub-
section (1) shall include a statement of infrastructure development work and
amenities—
(a) included in the annual plan of action of the current financial year
that have not started along with reasons thereof ;
(b) that have been started, either in the current financial year or in
the financial years preceding the current financial year, but not
completed along with reasons thereof ; and
(c) that have been completed or are likely to be completed in the
current financial year.
(4) The annual plan of action for infrastructure development shall
include an assessment by the Chief Executive Officer, after obtaining
information required for the purpose, of infrastructure development and
provision of amenities proposed or under implementation by any person,
board, company or other agency in the Metropolitan Region.
(5) The Chief Executive Officer shall submit, at least one month before
the end of the financial year, the annual plan of action for infrastructure
development and provision of amenities referred to in sub-section (2) and
the statement referred to in sub-section (3) to the Authority.
(6) The Authority shall, before the commencement of the ensuing
financial year and after consideration of the annual plan of action for
infrastructure development and provision of amenities, approve the plan with
such amendments or modifications, if any, as it deems fit  :
Provided that any amendment or modification to such annual plan of
action shall be made only after an estimate of funds required for its
implementation is assessed and the source of funding is identified.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 265
(7) The Chief Executive Officer shall cause the annual plan of action
for infrastructure development and provision of amenities, as approved by
the Authority, to be published as soon as may be practicable.
1[16A. Unified Metropolitan Transport Authority. ––(1) The Government
may, by notification, establish a Unified Metropolitan Transport Authority for
each of the Metropolitan Regions notified under clause (n) of sub-section (1)
of section 2 of this Act.
(2) The Unified Metropolitan Transport Authority constituted under sub-
section (1) shall form a part of the Srinagar Metropolitan Region Development
Authority, or, as the case may be, of Jammu Metropolitan Region Development
Authority, constituted by the Government in terms of section 3 of this Act.
(3)The Unified Metropolitan Transport Authorities shall function under
the superintendence and control of the respective Metropolitan Region
Development Authorities, and any expenses incurred or any income accrued
on account of the functioning of the Unified Metropolitan Transport Authority
shall be made out of or paid into, as the case may be, the fund of the respective
Metropolitan Region Development Authority.
16B. Composition of Unified Metropolitan Transport Authority. ––(1)
The Unified Metropolitan Transport Authority shall consist of the following,
namely:––
(a) The Chief Secretary to the Government of Jammu and Kashmir ;
(b) Administrative Secretaries of Housing and Urban Development,
Transport, Finance and Planning and PW (Roads and Buildings),
and PHE (I&FC) Departments ;
(c) Divisional Commissioner of the region ;
(d) Transport Commissioner, Jammu and Kashmir ;
(e) Inspector General of Police, Traffic, Jammu and Kashmir;
(f) Municipal Commissioner of the Municipal Corporation in the
Metropolitan Region ;
1. Sections 16A, 16B and 16C inserted by S.O. 3466(E) dated 05.10.2020.
266 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(g) Vice-Chairman of the Srinagar Development Authority or of Jammu
Development Authority, as the case may be ;
(h) Chief Executive Officer of Srinagar Smart City Ltd. or of Jammu
Smart City Ltd., as the case may be ;
(i) Chief Executive Officer of Srinagar, Metropolitan Region
Development Authority (SMRDA) or Chief Executive Officer of
Jammu, Metropolitan Region Development Authority(JMRDA), as
the case may be ;
(j) Chief Executive Officer, Economic Reconstruction Agency ;
(k) Managing Director, Mass Rapid Transit Corporation of the region ;
(l) Chief Town Planner, Town Planning Organization of the region ;
(m) A nominee of the Ministry of Housing and Urban Affairs,
Government of India ;
(n) A nominee each of the National Highways Authority of India,
Northern Railways, Airports Authority of India and Inland
Waterways Authority of India; and
(o) Two members who are experts in the field of urban transport, to be
nominated by the Government.
(2) The Chief Secretary shall be the Chairperson of the Unified
Metropolitan Transport Authority, and the Chief Executive Officer of the
respective Metropolitan Region Development Authority shall be the Member-
Secretary of the Unified Metropolitan Transport Authority.
(3) The decisions of the Unified Metropolitan Transport Authority shall
be by voting, and each member, except those nominated under clause (l), clause
(m) and clause (n) of sub-section (1) and shall have no voting rights, shall
have one vote each, and the Chief Secretary shall have a casting vote.
(4) The provisions of the section 8 regarding authentication of
proceedings shall mutatis mutandis apply to the proceedings of the Unified
Metropolitan Transport Authority.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 267
16C. Functions of Unified Metropolitan Transport Authority. ––(1) The
main object of the Unified Metropolitan Transport Authority shall be to secure
the development of an integrated, efficient, modern, multi-modal mobility system
including non-motorised means of mobility with focus on movement of people
and goods instead of vehicles for the area falling in the jurisdiction of the
Metropolitan Region Development Authority of which it is a part, and it shall
undertake all such activities as are necessary or incidental to achieving this
object.
(2) Without prejudice to the generality of the provisions of sub-section
(1), the Authority shall discharge the following functions, namely:––
(i) formulation of policy to guide the approach for developing the
transport system in the region ;
(ii) identification of sources of finance for the development of transport
infrastructure ;
(iii) identification of the need and finalization of the regulatory
mechanism(s) to regulate integration between different modes,
safety, fares, interoperability, and other allied aspects ;
(iv) identification of interventions in terms of infrastructure and
amenities required to be made to achieve the object set out in sub-
section (1) ; and
(v) research and development on mobility, and capacity building and
upgradation of skills of the stakeholders.]
17. Mobility Management Plan. ––1[(1) The Unified Metropolitan
Transport Authority shall, in order to achieve the object set out in sub-section
(1) of section 16C prepare a strategic plan document to be called as Mobility
Management Plan through such internal or external consultations as it may
deem necessary or expedient.]
(2) The mobility management plan shall include—
(a) measures for infrastructure development, including improvement
of road junctions, construction of roads, bridges, pedestrian
footpaths, subways and such other construction or improvement,
as the case may be ;
1. Sub-section (1) substituted by S.O. 3466 (E) dated 05.10.2020.
268 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(b) measures for infrastructure development aimed at enhancing
safety of life and prevention of accidents on public roads ;
(c) measures in regard to public transportation, mass transportation,
integrated multi-modal transportation, bus shelters, parking and
their improvement ;
(d) measures to regulate parking, traffic, installation of traffic signals
and the transit of vehicles, including its speed, form, construction,
weight, size or laden with such heavy or unwieldy objects, as may
be likely to cause injury ;
(e) measures to regulate access to premises from any particular public
street carrying high speed vehicular traffic ; and
(f) such other measures, as may be required for managing mobility
in the Metropolitan Region.
(3) The mobility management plan shall be submitted to the Residents
Advisory Council and it shall make such recommendations, if any, as it may
decide.
(4) The mobility management plan shall be submitted to the Authority
along with the recommendations of the Residents Advisory Council, if any
and the Authority shall approve the plan with such amendments or
modifications, as it deems fit.
(5) The Chief Executive Officer shall cause the mobility management
plan as approved by the Authority to be published as soon as may be
practicable.
(6) The Transport Commissioner, Inspector General of Police, Traffic,
Commissioner of Municipal Corporation concerned, and such other officer(s),
as may be empowered under the law for the purpose, shall be responsible
for enforcement of the measures in regard to clauses (d) and (e) of sub-section
(2) requiring the imposition of any penalty for violation of such law for the
time being in force.
1[(7) The proposals regarding the provision or development of any amenity
including laying and improvement of roads, sidewalks, metro networks, waterways,
1. Sub-sections (7) and (8) inserted by S.O. 3466 (E) dated 05.10.2020.
METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018 269
rolling stock, vehicles, vessels or any other item required to implement the Mobility
Management Plan shall be included in the Infrastructure Development Plan under
section 15 and in the Annual Plan for infrastructure development under section
16 in such a manner so as to adhere to the timelines for the development of such
amenities stipulated in the Mobility Management Plan.
(8) In case the Unified Metropolitan Transport Authority is of the opinion
that the funding required for the development of amenities as envisaged in the
Mobility Management Plan is not being adequately provided, it may recommend
to the Authority to constitute a separate fund under section 27 with such
stipulations as would ensure adequate financing for the Mobility Management
Plan.]
18. City Bus service within Metropolitan Region.—The  Government
shall, in public interest and pursuant to a proposal regarding a scheme
published in accordance with the provisions of sub-section (1) of section
99 of the Motor Vehicles Act, 1988 (59 of 1988) and published under sub-
section (3) of section 100 of the said Act for the purpose of providing an
efficient, adequate, economical and properly coordinated road transport
service, permit the Authority to operate a city bus service within the
Metropolitan Region.
19. Plan for sustainable management of urban environment.— (1) The
Chief Executive Officer shall, in consultation with the Chief Conservator of
Forests, the Deputy Commissioners of the districts falling in the Metropolitan
Region, the Commissioner of the Municipal Corporation, Chief Engineer Urban
Environmental Engineering Department concerned and such other persons as
the Chief Executive Officer deems fit, prepare, from time to time, a plan for
sustainable management of the urban environment of the Metropolitan
Region.
(2) The plan for sustainable management of the urban environment shall
include—
(i) provision for urban forestry, tree plantation and horticulture, so
as to endeavor to achieve such international standards for green
spaces, as the Authority may determine ; and
(ii) measures for solid waste management and water conservation, as
may be necessary and desirable.
270 METROPOLITAN REGION DEVELOPMENT AUTHORITIES ACT, 2018
(3) The Chief Executive Officer shall cause the plan for sustainable
management of the urban environment to be published for the purpose of
inviting objections or suggestions thereon.
(4) Any person may within a period of twenty-one days from the date
of publication of the plan under sub-section (3) send to the Chief Executive
Officer, his objections and suggestions, if any, in respect of such plan and
the Chief Executive Officer shall submit, within a period of sixty days from
the aforesaid date, the plan for sustainable management of the urban
environment along with his recommendations to the Authority.
(5) After considering the objections and suggestions, if any, and the
recommendations of the Chief Executive Officer thereon, the Authority shall,
subject to such modifications, as it deems fit, decide as to the final plan for
sustainable management of the urban environment and the Chief Executive
Officer shall cause the plan so approved to be published as soon as may
be pract

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