The jaipur development authority act 1982

 
The Jaipur Development Authority Act, 1982
 
 
 
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
index
‘Section Subject PageNo
CHAPTER -|
1 Short title,extent and commencement
2 Definitions
CHAPTER -Il
Establishment and Constitutiun of the Authority
3 Establishment of Jaipur Development Authority 44. i th
4 Composition of the Jaipur Development Authority 4
5 Meetingsof the Authority ee 6
6 Cessation of membership 6
7 Constitutionand powers of Executive Committee 6
8 Appointment of Jaipur Development Commissioner, Director,Secretary etc. _ 8
9 Determination of strength of the Staffetc. 9
10 Constitutionof Committees 10
11 Authentication of orders, etc. 7 10
12 Provisionfor invitingGovernment and Local AuthorityOfficersto assistfor 10
advice
CHAPTER -IIl
Constitution of Functional Boards
13 Establishment of Jaipur TrafficControl!Board 1
14 Constitutionand powers of other Functional Boards 7 12 |
15 Meetings of the Functional Board 12. |
CHAPTER —IV
Powers and Functions of the Authority
16 Functions of the Authority. 13
17 No other authorityor person to undertake certaindevelopment without 14
permission of the Authority
18 Powers of the Authorityto give directions is
19 Power of the Authority to requirelocalauthorityto assume responsibilitiesin 16
certaincases
20 Power of the Authority to execute any plan 16
CHAPTER - V
Master Development Plan and Zonal Development Plans
|oe CivicSurvey and preparationof Master Development Plan 7
22 - Zonal Development Plan 19
23 Procedure to be followed inthe preparation and sanction of Plans 20
24 Date of operation of Plan 21
25 Subsequent modification of Plans 21
26 Implementation of Plan 22
27 Plans prepared priorto thisAct deemed io have been prepared under thisAct 22    
 
 
  
  
 
 
 
 
 
 
 
 
 
 
   
  
 
 
 
 
 
 
 
 
 
 
 
  
  
  
 
 
 
 
   
  
Section Subject - Page No. |
28 Review of Plan _ _ | 22 |
| CHAPTER-VI | || Control of Development and use of Land inciuded in Pians
.43 _| DeclarationofDevelopment Areas - a
|30 - | Power of revocation and modification ¢of,f permission for development ean Baga tO 4
31 T Penalty for unauthorized development or foruse otherwise than in conformity | 24
with the Plan. _ _
32 Power to require removal of un-authorized development 26
33 Power to stop un-authorized development ee ea
-33-A_| Compositionofunauthorizeddevelopment. ; 28
34 Removal or discontinuance of un-authorized temporary development 29
summarily
34-A Power to seal unauthorized development 29
35 Power to require removal of authorized development or use 30
36 Sanction forsub-division of plotor layout privatestreet 30
37 Recovery of expenses incurred 31
| 37-A Provision of rainwater harvesting St
37-8_|Provisionofparkingspace 32
CHAPTER - VII
Projects and Schemes
38 Making and Contents of Projectsand Schemes 33
39 Preparation of Projects and Schemes — a5
40 | Restrictionson use and development of land afterdeclaration of a Scheme 36
41 [LapseofScheme SS SsS~Ss~—S~—SSC“‘42 Modificationor withdrawalof ProjectorScheme | 36 |
|43 __ SavingtoanyProjectorScheme - _ 37
| CHAPTER -VIII | |
Acquisition and Disposal of Land
44 Power to purchase or lease by agreement 37
45 Power of State Government to acquire land 37
46 Possession to be made availableto the Authority a7
47to53 | Deleted
54 Land to vest inthe Authorityand itsdisposal 37
54-A Transitory provisions for pending matters relatingto acquisitionof land 38
54-8 Allotment, regularizationetc.of certain lands 40.
54-C Transfer to be on free hold or lease hold basis 40
CHAPTER - IX
Finance, Budget and Accounts
55 Funds of the Autinority. 40
56 Loans Fund _ ot 4.
SF | Reserve and other Fund a 7 ; | 42
‘58 |ApplicationofFundsete _ 42
59 Power oftheAuthoritytoborrow oO a2
60 Power of the Authority to finance Project and Schemes and impose conditions 42
therefor
61 State guarantee| to loans taken or given by the Authority 42
62 Accounts and Audit 4?
[63 Budget a _ a 42   
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
Section Subject | Page No.
=a eee rene
CHAPTER -X |
Powers to Levy Certain Charges
65 Power to levy certaincharges _ ee | a3
66 Restrictionson the registrationof sale deeds etc. 8B |
67 Urban assessment (ground rent)to be creditedto the fund of theAuthority 48
68 Authoritymay charge fee for certainlicences or permission 44
CHAPTER-XI
Prosecutions, Suits and Powers of Police
69 Penalty for unauthorized obstruction 44
70 Penalty for removing fence etc.set up for the purpose of carryingout any 44
work
71 Penalty for disobedience of requisitionand furnishingfalse informationetc. 45
72 Encroachment or obstruction upon public land 45
va General provisionforpunishment of offences 47
74 Offences by Companies 48
75 Cognizance of offences 48
|76 Fine when realizedto be paid to the Authority _ 49
77 Power of the Authorityas to legalmatters 4g
78 Immunity to Authority 49
79 Notice of suitagainst Authority 49
80 Mode of proof of record 49
81 Restrictionon the summoning of servants of Autliorityto produce documents 50
82 _|PowerofPoliceofficer _ : a eo
CHAPTER-XIl |Miscellaneous |
83 ConstitutionofTribunal 50
83-A Constitutionof Settlement Committee ul
84 Recovery of moneys due to the Authorityas arrears of land revenue SE
85 Powei of entry 52
86 Service of notice under thisAct 53
87 Officersand other employees of the Authorityto be public servants 54
88 Lump sum contributionby the Authorityin lieuof taxes levied by local 55
authorities
89 Deduction from salary or wages to meet claims of the Authority incertain 5G
cases
90 Control by State Government 55
90-A Power totransfer 56 CO91 | Power of Authorityto callreturns,reportsetc. _ | 56
|92 ee Acttooverrideotherlaws_ ee ee | 56
3 Delegation of Powers S6
93-A Power to callforrecords - 57
94 Local Authoritiesto continue to perform duties 57
| 95 Power to make rules 57
96 Power tomake regulations.- ; 5897 Power to remove difficulties 58
98 Dissolution of the Authority 58
99 | Bar ofjurisdictionofcivilcourt 59   
 
 
Section
 
 
 
  
|Listofvillagesadded inSchedule-|,videnotificationdt.0110.2007 is
Subject | Page No |100 Applicationof Rajasthan Public Premises (Evictionof Un-authorized 59 || | Occupants) Act, 1964 to the Authoritywith certainModifications oe _|103 i Dissolutionof the Urban Improve Trust,Jaiour and savings 60;102 Repeal and Saving 62"| SCHEDULE} OS eB |Listof villagesadded inSchedule-l.vide notificationdt.25 10.1997 | | 69 |
‘The JaipurDevelopment AuthorityAct,1982
(Act No. 25 of 1982)
[Received the assent of the President on the 12" day of October, 1982]
An
Act
for forming Jaipur City and certain contiguous areas into a Jaipur Region, toprovide forthe establishment of an Authorityforthe purpose of planning, co-ordinatingand supervising the proper, orderly and rapid development of the Jaipur Region and ofexecuting plans, projects and scheries for suci) uevelopment and to provide for matters
connected therewith.
Whereas Jaipur City and areas contiguous to it are being progressivelydeveloped and populated, and the necessity is being increasinglyfeltfor forming theseareas intoJaipur Region an d forSettingup of an Authorityforthe purpose of planning,co-ordinating,and supervising the proper, orderly and rapid development of theseareas, in which several government departments, local authorities and otherOrganizationsare at present engaged within theirown jurisdictions:to provide also thatsuch Authority be enabled either itselfor through other authorityto:formulate andexecute plans, projects and schemes for the development of Jaipur Region so thathousing, community facilities,civic amenities and other infrastructureare properlycreated forthe population of Jaipur Region in the perspective of 2001 A.D. or thereafterincluding the intermediate Stages ; and to provide for matters connected with thepurposes aforesaid.
Be itenacted by the Rajasthan State Legislaturein the Thirty-thirdyear of theRepublic of India,as follows:-
CHAPTER - |
1. Short title,extent and commencement .— (1)This Act may be calledThe JaipurDevelopment Authority Act, 1982.
(2)Itshallextend to Jaipur Region Area.
(3)Itshallcome intoforce at cace.
2. Definitions.- in thisAct, unless the context otherwise requires —
(1)‘agriculture’includes horticulture,fruitgrowing, seed growing, dairyfarming,gardening, forestry,livestockbreeding, or the use of land as a nursery, grazing land, orany other use of land which is ancillaryto itscultivationor other agriculturalpurposesand the word ‘agricultural’shallbe construed accordingly;
 
Published in the Raj. Gaz., E.0., Pt. IV- (ka),dt.13.10.1982, (Page-166).
(2) ‘amenities’ includes ; roads, bridges, any other means of communication,
transport, streets, open spaces, parks. recreational grotinds, play grounds, water, gas
and electric supply, and source of energy, street lighting, sewerage, drainage,
conservancy, public works and such other utilities,services and convenience as the
State Government in consultationwith the Authority may, by notificationin the Official
Gazette, specify to be an amenity for the purpose of this Act;
(3) ‘Authority’ means the Jaipur Development Authority constituted under
section 3;
(4) building operations’ includes rebuildingoperations, structuralalterationof
or additions to buildings and other operations undertaken in connection with the
(5) ‘development’ with itsgrammatical variations,means the carrying out of
building,engineering, mining or other operations in, or over, or under any land
(including land under river, lake or any other water) or the making of any material
change in any building or land or in the use of any building or land, and includes re-
development and lay-out,and sub-division of any land and also the provision of
amenities and projects and schemes for development of agriculture,horticulture,
floriculture,forestry, dairy development, poultry farming, piggery, cattle breeding,
fisheries and other similar activities;and 'todevelop’ shall be construed accordingly;
(6) 'development area’ means the area declared as such under sub-section (1)
of section 29 and in which development is proposed to be undertaken within a
reasonable period through schemes, projects or otherwise;
(7)'Government' means Government of the State of Rajasthan;
(8)‘Jaipur Region' means the area in the limitsof the city,towns, and villages
specified in Schedule -l. The State Government may , from time to time , in the
notificationpublished in the OfficialGazette, amend that Schedule by adding thereto or
deletingtherefrom any area specifiedin such notification; and thereupon the modified
area shallbe the Jaipur Region;
(9) ‘Land’ includes benefits to arise out of land, and things attached to the
earth,or permanently fastened to @nything attached to the earth;
(10) 'Loca! authority’means a Municipalityor a Panchyat,
(11) 'Municipality’ means a Municipality established under the Rajasthan
MunicipalitiesAct, 1959 (Rajasthan Act 38 of 1959) in Jaipur Region,
(12) ‘occupier’ includes,—
(a)an owner or any person who, but for a contract,express or implied,ispaying
or isliableto pay rent to the owner of any buildingor land; or
(b) any person who is liableto pay to the ownei or any land o: buildina. damages
forwrongful occupation of the whole or partof any such buildingor land;and
(c) rent-free occupant of any building or land;
(13) ‘owner’ includes the person who, but for a contract, express or implied, for
the time being isreceiving or isentitledto receive,whether on his own account or as an
agent, trustee, guardian , manager or receiver for another person, or for any religiousor
charitable institution,the rent or profitsof any building or land:
(14) ‘Panchayat’ means :-
(i) a panchayat established under the Rajasthan Panchayat Act, 1953
(Rajasthan Act 21 of 1953) in Jaipur Region; or
(il) a Panchayat Samiti or Zila Parishad, constituted under the Rajasthan
Panciiayat Samitis ; and Zila Parishads Act, 1959 (Rajasthan Act 37 of
1959) in Jaipur Region;
(15) ‘plan’ means a master development plan or a zonal development plan
prepared or deemed to be prepared under thisAct, and the expression ‘any plan’shall
be construed accordingly;
(16) ‘prescribed’ means prescribed by rules under thisAct:
(17 ‘public purpose’ includes any purpose which is useful to the public or any
class or section of the publicand the requirement of land reserved or designated in a
plan, project or scheme or for any other purpose under this Act:
(18) ‘regulation’means a regulationmade by the Authority under thisAct:
(19) ‘rule’means a rulemade by the Government under thisAct:
(20) ‘Tribunal’means Tribunal constitutedunder the provisionsof thisAct;
(21) ‘Zone’ means any of the divisionsin which Jaipur Region may be dividedfor
the purposes of development under thisAct:
(22) Words and expressions used in thisAct, but not defined herein, shallhave
the same meanings as assigned to them in the Raiasthan Urban Improvement Act,
1959 (Rajasthan Act No. 35 ot 1959) and the Rajasthan MunicipalitiesAct, 1959
(Rajasthan Act No. 35 or 1959).
CHAPTER -l
3. Establishment of the Jaipur Development Authority .- (1) As soon as may be,
after the commencement of this Act, the State Government shall, by notificationin the
OfficialGazette, establish for the purposes of thisAct, an Authority to be called "the
JaipurDevelopment Authority"(hereinafterreferredto as "theAuthority")
(2) The Authority shall be a body corporate by the name aforesaid, having
perpetualsuccession and a common seal with power, subjectto the provisionsthisAct,
to acquire,hold and dispose of property,both movable and immovable, and to contract,
and may sue or be sued by itscorporate name aforesaid.
(3) The Authority shall be deemed to be a local authoritywithin the meaning of
the term "locai authority" as defined in the Rajasthan General Clauses Act, 1955
(Rajasthan Act No.8 of 1955).
4. Composition of the Jaipur Development Authority .- 11) The Authority shall
consistof the followingmembers, namely :—
(i) a Chairman, who shallbe the Minister-in-chargeof Urban Development of
the State of Rajasthan, or a nominee of the Governor during President's
Rule;
(ii) a Vice-Chairman, who shall be State Ministerof Urban Development of
the State of Rajasthan. or a nominee of the Governor during President's
Rule;
(ili) Secretary to the Government, Urban Development and Housing
Department:
(iv) Jaipur Development Commissioner (appointed under thisAct):
(v) Chairman, Rajasthan Housing Board:
(vi) | Chief Engineer, PublicHealth Engineering Department:
(vil) Chief Engineer, Public Works Department;
(viii) DistrictCoilector,Jainur;
(x) Chier Engineer, Rajasthan State FlectricityBoard:
(x) Chairman/Administrator, Municipal Council, Jaipur:
(xi) ZilaPramukh of ZilaParishad, Jaipur District;
(xii)| Chief Town Planner, Rajasthan; and
 
* Subs, by Sec.2 of Raj.Act No. 15 of 1989,published inthe Raj.Gaz. E.O.,part-iV-Adt.05.08,1989(Page-55(3))
(w.e.f.18.7.1988).
(xiii) Non-officialmembers, no: exceediiig Seven 10 be nominated by the State
Government. |
(2)Besides the members referredto insub-section (1)the State Government, ifit
So thinks fit,may also appoint the Chairman of any Functional Board as member of the
Authority.
(3) The Chairman of the Authority shall supervise and control allthe activitieson
behalfof the Authorityand shallexercise such powers and perform such duties as areconferredon him under thisAct and exercise such other powers and perform such otherduties as the Authority may, by regulations, from time to time determine. ‘THe may alsomodify, subject to confirmation by the Authority,in itsnext meeting, the decisions ofOfficersof authorityand committees constitutedunder the provisionsof thisAct.]
(4) The Vice-Chairman shallexercise such powers and perform such duties asthe Chairman of the Authority may, by order, delegate to him and shall,during theabsence of the Chairman, perform the functions and exercise the powers of theChairman.
(S) The members shall receive such allowances for meeting the personalexpenditure in attendingthe meetings of the Authorityor any Committee or body thereofor inperforming any other functionsas members, as may be prescribed.
(6) Where a person becomes or is nominated as a member of the Authority byvirtueof holding any officeor being a member of the Parliament or State Legislatureorany local authority or any other authority, Corporation, Council, Board or body, whetherincorporated or not, he shall cease to be a member of the Authority as soon as heceases to be holder of that officeor such member, as the case may be.
(7)A member of the Authority,other than ex-officiomembers, may, at any timeby writingunder his hand addressed to the Chairman, resign his officebut shallcontinue as member untilhis resignationisaccepted by the Chairman.
(8) The term of the non-officialmembers of the Authority nominated under*[clause(xiii)]ofsub-section(1)shallbe fora periodof“[twoyears]:
Provided thatinthe event of the cfficco!any aforesaid member becoming vacantby reason of death, removal, resignationor otherwise,the vacancy shallhe filledup byfresh nomination according to the provisionsof ‘[clause(xiii)]of sub-section(1).
(9) No act or proceeding of the Authority,or of any board, Committee or otherbody thereofshallbe deemed to be invalidat any time merely on the ground that any of
 
* Inserted by Sec. 2 of Raj.Act No. 6 of 2001 published in the Raj.Gaz. E.O., Part-IV-A dt.26.05.2001(Page-3(6)).* Subs. by Sec. 2 of Raj. Act No. 15 of 1989, published in the Raj.Gaz. E.0., Part-IV-A dt.05.08.1989 (Page-55(3)).(w.e.f.18.7.1988).
* Subs.byibidi.
‘45 ambers of the Authority or such body are not nominated, appointed or for any
other reason are not available to take office at tie time of the constitution or any
meeting of the Authority, or such body or any person is a member in more than one
capacity or there are one or more vacancies in the offices of any members of the
Authorityor such body.
5. Meetings of the Authority .- (1) The Authority shall meet atleast once in six
months at such place and at such time as the Chairman may decide; and shall,subject
to the provisions of section 6, observe such rules of procedure in regard to the
transaction of business at itsmeeting (includingthe quorum thereat) as may be laid
down by regulations.
(2) The Chairman or in his absence, the Vice-Chairman shall preside at every
meeting of the Authority. Iffor any reason both the Chairman and the Vice-Chairman
are unable to attend any meeting, any other member of the Authcrity,elected by the
members thereof, present at the meeting, shall preside.
6. Cessation of membership .— (1) A member of the Authority,who has or
acquires, directlyor indirectlyany share or pecuniary or other interestin any contract,
loan, arrangement or proposal entered into,or proposed to be entered into,by or behalf
of the Authorityshallcease to be a member of the Authority:
Provided that, a member shall not be deemed to have any such share or interest,
by reason only of his being a share holder of a public limitedcompany/concerned inany
such contract,loan ,arrangement or proposal or that he himself or any relationof 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
Authorityby agreement or according to any law forthe time being inforce.
(2)Ifany question ariseswhether a member of the Authority has become subject
to the dis-qualificationsmentioned in sub-section (1),the question shallbe referredfor
the decision of the State Government and itsdecision shallbe final.
7. Constitution and powers of Executive Committee .- (1) There shall be an
Executive Committee of the Authorityconsistingof the followingmembers, namely:-
(i) a Chairman, who shallbe Jaiour Development Commissioner ;
(i) Secretary, Urban Development and Housing or his representative not
below the rank of Deputy Secretary;
(iii) Secretary, Jaipur Development Authority (who shall be the Member-
Secretary of the Committee);
(iv) Chief Engineer, Public Works Department, Rajasthan;
(v) Chief Engineer, Public Health Engineering Department, Rajasthan;
(vi)
(vii)
(viii)
(xiii)
(xiv)
(xv)
Representative of the Rajasthan State ElectricityBoard not below the rank
of a Chief Engineer;
Managing Director, Rajasthan State Industrialand Investment Corporation
Limited;
General Manager, Rajasthan State Road Transport Corporation;
Managing Director,Rajasthan Tourism Development Corporation;
Director,Engineering of the Authority;
Director,Town Planning ofthe Authority;
Director,Law oftheAuthority:]
Collector, Jaipur;
Superintendent of Police,Jaipur;
The Commissioner, Municipal Council, Jaipur.
Provided that where an Administrator has been appointed of the Municipalityof
Jaipur, he shall be the member.
(2)The Executive Committee shallexercise the followingpowers and perform the
followingduties,namely :-
(i)
(il)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
organizationof the divisionsand operationalunits of the Authority;
preparation of drafts of regulationsand recommending to the Authorityfor
making them;
operation of the Jaipur Region Development Funds;
preparation of projects and schemes;
approval or rejectionof tenders for projectsand schemes:
creation of posts under the Authority upto such level as may be
determined by regulations;
borrowing and reborrowing of money requiredby the Authority;
investment of surplus money of the JaipurRegion Development Fund:
making of grants,subventions, loans or advances to,or sharing expenses
with any localor other authorityor person forprojectsand schemes;
institutionor withdrawal of legalproceedings on behalfof the Authority;
 
* Insertedby Sec.3 of Raj.Act No. 6 of 2001 publishedinthe Raj.Gaz.E.O.,Part-IV-Adt.26.05.2001(Page-3(6)).
(xi) delegation of any of itspowers and duties to itsChairman or any officerof
the Authority.
(3) In addition to the powers and duties conferred on itunder other provisions of
thisAct, the Executive Committee shallexercise such other powers and perform such
other duties as may be delegated to itby the Authority from time to time.
(4) The Executive Committee shall meet at such place and at such time as may
be determined by itsChairman, and shallobserve such rules of procedure in regard to
transactionof business as may be determined by regulations.
8. Appointment of Jaipur Development Commissioner, Directors, Secretary etc.
.— (1) The State Government shall appoint any of its officer as Jaipur Development
Commissioner on such salary and allowances and on such terms and conditions of
service as may be determined by the State Government. He shall be the Chief
Executive of the Authority and shall supervise and control-all itsofficers and servants,
including any officer of Government appointed, from time to time, on deputation to the
Authority,or to the Executive Committee, or any other Committee or any Functional
Board or anybody thereof.He shall be responsible for collectionof allsums due to the
Authorityand payment of allsums payable by it.He shall ensure adequate securityof
allassets including cash balances of the Authority. Besides the said powers and duties
and the powers and duties delegated by the Authority or the Executive Committee or
any other Committee or any Functional Board or any body thereof, he shall also
exercise the following powers, perform the following functions and discharge the
followingduties,namely :-
(i) management and supervision of operationalunitsof the Authority;
(ii) except as otherwise provided, appointment of the staffas per strength
sanctioned by the Authorityor the Executive Committee, as the case may
be, including their removal, dismissal or otherwise punishing them in
accordance with the regulationsmade by the Authority;
(iii)| promulgation of internalprocedure formanagement of the Authority;
(iv)| administrationof Projects and Schemes of the Authority:
(v) grant of any permission required to be given under this Act or refusalc
thereof on beha.! J: the Authority:
(vi)  cailingtenders, scrutinizethem and approve or reject them where the
value uoes not exceed rupees one crore and where the value exceeds
rupees one crore making recommendation to the Executive Committee:
(vii) executing agreements and entering intocontracts for and on behalf of the
Authority;and
mwary
iviay all other powers functions and duties as may be determined by
regulations.
(2) To aid and advise the Jaipur Development Commissioner, the State
Government shall appoint the following Directors :—
(i) Director,Engineering who shall not be below the rank of Chief Engineer of
Civil construction;
(ii) Director,Town Planning , who shallnot be below the rank of Chief Town
Planner or Chief Town Planner and ArchitecturalAdvisor,'[ ]
(iil) Director, Finance who shall be not below the rank of Chief Accounts
Officer“[;and]
*[(iv) Director,Law who shallnot be below the rank of DistrictJudge, or Joint
Legal Remembrancer from the Rajasthan State Legal Service]
(3) The State Government shallappoint a Secretary of the Authoritywho shall
also Act as Secretary of the Executive Committee, other Committees, ifany, and all
Functional Boards. He shall, subject to the control and Supervision of the Jaipur
Development Commissioner, record the minutes of the Proceedings of the Authority,
Executive Committee, all Functional Boards. Committees or any body of the Authority,
maintain the minute book for the same alongwith all record relevant thereto and shall
exercise such powers, perform such functions and discharge such duties as may be
delegated to him by the Authority,the Executive Committee, Jaipur Development
Commissioner or any Functional Board.
(4) The State Government may also appoint one or more Additional
Commissioners and Additional Secretaries to assist the Jaipur Development
Commissioner and they shall perform such functionsand discharge such dutiesas maybe delegated to them by the Jaipur Development Commissioner.
(5)The officesappointed under sub-sections (2),(3) and (4) shall be deemed tobe officersof the Authority and their Salary and allowances and their terms andconditionsof services shallbe such as may be determined by the State Government.
9. Determination of strength of the Staffetc. — The Authority or in case thepowers are delegated by it,the Executive Committee may, fram time to time, sanctioncreationof posts of allother officersand servants, except the officersreferredto inscCtion 8, subordinate to the Authority including Executive Committee, any otherCommittee, any Functional Board or any other body as itthinks necessary. The
 
* Deletedby Sec.4 of Raj.Act No. 6 of 2001 publishedinthe P.aj.Gaz. E.O.,Part-IV-4dt.26.05.2001(Page-3(6)).* Subs.byibid.
> Addedbyibid..
conditions of appointment and service, and the powers, functions and duties of such
officer.and servants shall be such as may be determined by regulations.
10. Constitution of Committees .— (1) The Authority may constitute Committees
consisting wholly of members of such Authority or partly of members of such Authority
and partlyof other persons in such manner and for such purposes and functions as may
be specifiedby the Authorityby regulations.
(2) The Committees constitutedunder thissection shallmeet at such place and
at such time, and shallobserve such rules of procedure in regard to the transactionof
vusiness at itsmeetings as may be provided by regulations.
(3) The members of the Committees may be paid such allowances for meeting
the personal expenditure in attending the meetings and forattending to any other work
of the Committees as may be prescribed.
11. Authentication of orders, etc. — All proceedings of the Authority, the
Executive Committee, other Committees and the Functional Boards Shall be
authenticated by the signatures of the Chairman of the Authority, the Executive
Committee, other Committee, or the Functional Board, as the case may be, or of any
member thereof auhtorised by the Chairman in this behalf and allother orders and
instruments of the Authority shall be authenticated by the Jaipur Development
Commissioner or by any other officerof the Authority authorized by him in this behalf.
12. Provision for invitingGovernment and Local Authority Officersto assist for
advice — The Authority, the Executive Committee. the Jaipur Development
Commissioner or a Functional Board may inviteany officerof the State Government or
localauthorityor other authorityor any person to attend itsmeeting or meetings as a
specialor permanent inviteefor the purpose of assistingor advising iton any matter or
matters.The Officersor persons so invitedmay take part in the proceeding, but shail
have no rightto vote.
CHAPTER -—lll
Constitution of Functional Boards
13. Establishment of Jaipur TrafficControl Board — (1)As soon as may be after
the Authority is established under sub-section (1) of section 3, the State Government
shall.b, -:der.constitutea Functional Board to be calledas the ‘JaipurTrafficControl
Board’ under the Auhtority.
(2) Tne Jaipur Traffic Control Board shall consist of the following members,
namely:-
(i) a Chairman who shallbe Jaipur Development Commissioner -
(i-a) Secretary,Jaipur Development Authority;
10
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
Transport Commissioner, Rajasthan:
General Manager. Rajasthan State Road Transport Corporation:
Chief Engineer, PublicWorks Department, Rajasthan;
Chief Engineer, PublicHealth Engineering Department, Rajasthan;
Representative of the Rajasthan State ElectricityBoard, not below the
rank of a Chief Engineer;
Director,Engineering of the Authority;
Director,Town Planning of the Authority:
Director,Finance of the Authority:
DistrictMagistrate,Jaipur;
Superintendent of Police,Jaipur:
Chairman/Administrator, Municipal Council, Jaipur; and
two person to be nominated by the Chairman of the Authority.
(3) The Jaipur Traffic Control Board shall exercise the following powers andperform the following duties, namely:-
(i)
(ii)
(iii)
(iv)
(v)
(i
(vil)
(viii)
to prepare a Masier Plan for trafficcontrol in Jaipur City and to take steps
in a phased manner for itsimplementation;
to take steps to mocernize the trafficcontrol system;
to lay down the policy for issuing trafficlicenses of lightand heavy
vehicles:
to determine policyfor one way traffic,to impose restrictionsfor certain
hours on certain kind of trafficon certainroads, to bar certainvehicles oncertainroads, to determine parking places, stands, stops and cycle waysand other matters connected therewith:
to lay down guidelines for raising sign-signals, barriers and speed
breakers;
to grant permission to any 2<crson,Government Department (Central orState),any localauthorityor any other body to cut the roads for various
Purposes and to impose conditionsthereof:
to demolish traffichazards, obstacles and to determine compensation inSuch cases in accordance with regulations:
to solicithelp of the citizensand associationsof repute to advise and raise
funds fortratticcontroland trafficeducation inaccordance with the rules:
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(IX) to Olganize tratticeducation:
(x) to perform allother activitiespertaining to the improvement and control oftrafficand such other functions as may be directed by the Authority.
14. Constitution and powers of other Functional Boards .— (1) On the advice ofthe Authority, the State Government may, from time to time, by order published in theOfficial Gazette, constitute, (i) a Transport and Communications Board, (ii)a WaterResources Management Board, (iii)a Housing, Urban Renewal and Ecology Board andother FunctionalBoards forachieving the objects of the Authoritywith such names as itdeems fitto specify,each having membership as provided in sub-section (2).
(2) Each Functional Board constituted by the State Government under sub-Section (1)shallconsist ot a Chairman and such other members (not exceeding five)asMay be appointed by the State Government. At least two of the members shall bepersons who have special knowledge and experience of the Subject to be dealt with bythe Functional Board.
(3)The State Government may, ifitthinks fitinpublic interestso to do terminatethe appointment of Chairman or any member of any Functional Board constitutedunderSub-section (1) or reconstitute the same at any time.
(4) Each Functional Board shall,in resoect of the subjects on areas within itspurview :-
(a) plan, identify projects and schemes, initiatesurveys and conductinvestigations(eitherby itselfor engaging other agencies as appropriate)and prepare programmes and proposals for investment purposes fortheconsideration of the Authority,indicatingthe authoritiesand agencies tobe entrusted with the execution thereof:
(b) advice the Authority,Executive Committee or the Jaipur Development
Commissioner:
(c) implement any project or scheme, entrusted to itby the Authority orExecutive Committee:
(d) exercise such other powers and perform such other functions and dutiesas may be delegated io itby the Authorityor as may be assigned to itbythe Executive Committee or the Jaipur Development Commissioner fromtime to time.
15. Meetings of the Functional Board — (1) All Functional Boards constitutedunder thisChapter shall meet at such place and at such time as may be determined byitsChairman; and shall observe such rulesof procedure in regard to the transactionofbusiness at itsmeeting as may be determined by regulations.
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(2) The members of the Functional Boards may be paid such allowances for
meeting the personal expenditure in attending meetings and for attending to any other
work of the Board, as may be prescribed.
CHAPTER — IV
Powers and Functions of the Authority
16. Functions of the Authority .- The main object of the Authority shall be to
secure the integrated development of the Jaipur Region and for that purpose the
functionsof the Authority shallbe :—
(a)
(b)
(c)
(d)
(f)
(g)
(h)
(i)
urban planning including the preparation of Master Development Plan
and Zonal Development Plans and carrying out surveys for the purpose
and also making alterationsthereinas may be deemed necessary;
formulation and sanction of the projects and schemes for the
development of the Jaipur Region or any part thereof;
execution of projects and schemes directlyby itselfor through a local
authorityor any other agency;
to make recommendations to the State Government on any matter or
proposal requiringaction by the State Government, Central Government,
any localauthorityor any other authorityfor overalldevelopment of the
Jaipur Region;
participation with any other authority for the development of the Jaipur
Region;
co-ordinating execution of projects or schemes for the development of
the Jaipur Region;
supervision or otherwise ensuring adequate supervision over the
planning and execution of any projector scheme, the expenses ofwhich,
in whole or in part are to be met from the Jaipur Region Development
Fund;
preparing schemes and advising the concerned authorities,departments
and agencies in formulating and undertaking schemes for development
of agriculture,horticulture,floricuiture,forestry, dairy develooment,
transport,communication, schooling,culturalactivities,sports,medicare,
tourism, entertainment and similarother activities;
execution of projects and schemes on the directions of the State
Government;
undertaking housing activityin Jaipur Region: provided that the
delineation of responsibilityfor housing between Rajasthan Housing
13
Board and Authority will be made by State Government effective from
the date to be fixed by :t,
(K) to acquire, hold, manage and dispose of property, movable or
immovable, as itmay deem necessary;
(I) to enter intocontracts,agreements or arrangements with any person or
organization as the Authority may deem necessary for performing its
functions;
(m) to prepare Master Plan for trafficcontroland management, devise policy
and programme of action for smooth flow of trafficand matters
connected therewith;
(n) to perform functionsdesignated by the State Government in the areas
of urban’ renewal, environment and ecology, transport and
communication, water energy resource management directlyor through
its Functional Boards or other departments/agencies as the State
Government may specify;
(0) regulating the posting of bills,advertisement hordings, signpost, and
name boards in Jaipur Region or in any partthereof as specifiedby the
Authority;
(p) regulating the erection or re-erection of buildings and projections,
making material alterations therein and providing for open spaces in
Jaipur Region or any part thereofas specifiedby the Authority;
(q) removing obstructions and encroachments upon public street, open
spaces and propertiesvesting inthe Government or the Authority;
(r) to do all such other acts and things which may be necessary for or
incidentalor conducive to, any matters which arise on account of its
activityand which are necessary forfurtherance of the objects for which
the Authorityisestablished:and
(Ss) to perform any other functions thatthe State Government may designate
infurtherance of the objectivesof thisAct.
17. No other authority or person to undertake certain development without
permission of the Authonty — (1)Notwithstanding anything contained in any law forthe
umé oeiiigin force,except with the previous permission of the Authority,no authorityor
person shall undertake any development withinthe Jaipur Region of the type as the
Authoritymay from time to time specify,by notificationpublished in the OfficialGazette,
and which is likelyto adversely affectthe overalldevelopment of the Jaipur Region.
14
(2) Any authority or person desiring to undertake development referred to in sub-
section (1) shail apply in writing to the Authority for permission te undertake suchdevelopment:
Provided that such person may apply for such permission through the concernedlocalauthorityand such localauthorityshallforward his applicationto the Authoritywithitsrecommendations, ifany.
(3) The Authority shall,aftermaking such enquiry as itdeems necessary andwithinsixtydays from the receiptof an applicationunder sub-section (2),grant suchpermission without any conditions or with such conditions as itmay deem fitto imposeor refuse to grant such permission. Ifsuch permission is not granted or refused withinsixty days as aforesaid, the applicant may, by a written communication presented inperson or through his authorized representative to the Secretary of the Authority or anyother officernominated by him in thisbehalf,callthe attentionof the Authorityto theomission or neglect in granting or refusing permission, and ifsuch omission or neglectcontinues for a furtherperiod of thirtydays from the receiptof such communication, theAuthorityshall be deemed to have permitted the proposed development and suchdevelopment may be proceeded withinthe manner specifiedinthe application:
"[Provided that nothing herein contained shall be construed to authorize anyperson to act in contravention of any provision of this Act or the rules, regulations ororder made thereunder, relatingto any matters other than the requirement of obtainingpermission of the Authority before undertaking or carrying out any improvement underthisAct.]
(4)Any authorityor person aggrieved by the decision of the Authorityunder sub-Section (3), may, within thirtydays, appeal against such decision to the StateGovernment whose decision shallbe final:
Provided that,where the aggrieved authoritysubmitting such appeal isunder theadministrat'vecontrol of the Central Government, the appeal shall be decided by theState Government afterconsultationwith the Central Government.
(5)In case any person or authoritydoes anything contraryto the decision givenunder thissection,the Authorityshallhave power to pulldown, demousn or remove anydevelopment undertaken contrary to such decision and recover the cost of such pullingdown, demolition or removal from the person o7 authorityconcerned.
18. Powers of the iuthority to give directions— (1) Notwithstanding anythingcontained in any other law for the time being in force, the Authority may give suchdirections to any local authority or other authority or person, with regard to theimplementation of any projector scheme financed under section 16, as itthinksfitand
 
* Inthe originalGazette the provisoisprinted,inadvertently,insub section(4).
15
any such local authority or other authority or person shall be bound to comply with such
directions.
(2) Where any direction is given to any local authority, other authority or person
tinder sub-section(1), such authority or person may, within fifteendays from the date of
receipt of such direction, appeal to the State Government against such direction, and
the decision of the State Government thereon shall be final.
(3) The Authority shall so exercise the powers of supervision referred to in clause
(g) of sub-section (1) of section 16 as may be necessary to ensure that each project or
scheme isexecuted in the interestof the overalldevelopment of tiieJaipur Region and
in accordance with any plan, project or scheme duly approved under any law for the
time being inforce or by the State Government.
19. Power of the Authority to require localauthorityto assume responsibilitiesin
certaincases .— (1) Where any amenities are provided by the Authority,the Authority
May assume responsibility for the maintenance of the amenities which have been
piovided by itor may require the local authority or any other authority, within whose
jurisdictionthe area so developed issituated,to assume such responsibility.
(2)The Authority,may also requirethe localauthorityor any other authorityto
make provision for such other amenities as may be specified by itand which have not
been provided by the Authority,on such terms and conditions as may be agreed upon
conditionscannot be agreed upon, on such terms and conditions as may be specified
by the State Government, in consultationwith the localautnorityor any other authority,
as the case may be, and the Authority.
20. Power of the Authority to execute any plan .— (1) Where the Authority is
Satisfiedthatany directiongiven by itunder sub-section (1) of section 18 with regard to
any projector scheme has noi been carriedout by the local authorityor other authority
or person referredto therein,within the time specifiedin the direction,or that any such
authorityor person is unable to fullyimplement any projector scheme undertaken by it
for the development of any part of the Jaipur Region, the Authority may, with the
sanction of the State Government itselfundertake any works and incurany expenditure
forthe execution of such projects or implementation of such schemes, as the case may
be.
(2)The Authority may also undert:kes works inthe Jaipur Region '> .ccordance
with ihe Master Development Plan or the Zonal Development plan or any other project
or scheme, as the case may be, as may be direcied by State Government and may
incur such expenditure as may be necessary for the execution of such work. Such
directionmay be issued to the Authorityonly where inthe opinion of State Government,
(a) there isno other suitableauthorityto undertake such work ;Or
16
(b) where there is such an authority but itis unwilling or unable to undertake
such work; or
(c) where the Authority has specificallyrequested the State Government to
entrust such work to it.
(3) Where any work is undertaken by the Authority under sub-section (1),it
shallbe deemed to have, forthe purpose of the execution of such work, allthe powers
which may be exercised by or under any law for the time being in force by the local
authorityor other authorityor person referredto insub-section (1).
(4) The Authority may, for the purpose of sub-section (1) and (2),undertake thesurvey any area within the Jainur Region and for thatpurpose itshallbe lawfulforanymember, officeror servant of theAuthority—
(a) to enter inor upon any land to take levelof such land;
(b) to dig or bore into the sub-soil:
(c) to mark levelsand boundaries by placing marks and cutting trenches:
and
(d) where otherwise the survey cannot be completed and levels taken and
boundaries marked, to cut down and clearaway any fenceor jungle :
Provided that,before entering upon any land,the Authority shallgive noticeof itsintentionto do so in such manner as may be specified in the regulations.
CHAPTER -V
Master Development Plan and Zonal Development Plans
21. Civic Survey and preparation of Master Development Plan .— (1) TheAuthoritywith a view to securing planned integrateddevelopment and use of land.shallCarryouta civicsurvey of and prepare a Master Development Plan forJaipur Region.
(2) The Master Development Plan shallpreciselydefine the qualityof lifethat acitizenof Jaipur Region could desirably be expected to lead in (i)medium rangeperspective of the year 1991 AD, (iil)long term perspective of year 2001 AD andthereafter,and (iii)such other intermediateStages, as the State Governmeni may direct,balance

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