LexThe jodhpur development authority act, 2009
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE JODHPUR DEVELOPMENT AUTHORITY ACT, 2009 (Act No. 2 of 2009 ) [Received the assent of the Governor on the 31 st day of January, 2009] An Act for forming Jodhpur City and certain contiguous are as into Jodhpur Region, to provide for the establishment of an Authority for the purposes of planning, co-ordinating and sup ervising the proper, orderly and rapid development of the Jodhpu r Region and of executing plans, projects and schemes for such d evelopment and to provide for matters connected therewith. Whereas, Jodhpur City and areas contiguous to it ar e being progressively developed and populated, and the nece ssity is being increasingly felt for forming these areas into Jodh pur Region and for setting up of an Authority for the purpose of p lanning, co- ordinating, and supervising the proper, orderly and rapid development of these areas, in which several govern ment departments, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such Authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes f or the development of Jodhpur Region so that housing, comm unity facilities, civic amenities and other infrastructur e are properly created for the population of Jodhpur Region in the perspective of 2023 A.D. or thereafter including the intermediate stages, and to provide for matters connected with the purpose aforesaid; Be it enacted by the Rajasthan State Legislature in the Fifty-ninth Year of the Republic of India, as follows:- CHAPTER- I Preliminary 1. Short title, extent and commencement .- (1) This Act may be called The Jodhpur Development Authority Act, 2009. (2) It shall extend to Jodhpur Region Area. 97 (3) It shall be deemed to have come into force on and from 30th August, 2008. 2. Definitions.- In this Act, unless the context otherwise requires ,- (1) "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, gardening, forestry, livestock breeding or the use of land as a nursery, grazing land or any other use of land which is ancillary to its cultivation or other agricultural purposes and the word "agricultural" shall be construed accordingly; (2) "amenities" include roads, bridges, any other means of communication, transport, streets, open spaces, parks, recreational grounds, play grounds, water, gas and electric supply, and source of energy, street lighting, sewera ge, drainage, conservancy, public works and such other utilities, se rvices and convenience has the State Government in consultation with the Authority may, by notification in the Official Gazette, specify to be an amenity for the purpose of this Act; (3) "Authority" means the Jodhpur Development Authority constituted under section 3; (4) "building operations" include rebuilding operations, structural alterations of or a dditions to buildings and other operations undertaken in connec tion with the construction of buildings; (5) "development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or unde r 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, 98 forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other sim ilar activities, and "to develop" shall be construed accordingly; (6) "development area" means the area declared as such under sub-section (1) of section 29 and in which development is proposed to be undertaken with in a reasonable period through schemes, projects or otherwise; (7) "Government" means Government of the State of Rajasthan; (8) "Jodhpur Region" means the areas in the limits of the city, towns and villages specified in Schedule-I. The State Government may, from time to time, in the notification published in the Official Gazette, amend that Schedule by adding thereto or deleting therefrom any area specified in such notification, and thereupon the modified area shall be the Jodhpur Region; (9) "Land" includes benefits to arise out of land, and things attached to the earth, or permanen tly fastened to anything attached to the earth; (10) "Local authority" means a Municipality or Panchayat; (11) "Municipality" means a Municipality established under the Rajasthan Municipaliti es Ordinance, 2008 (Ordinance No. 10 of 2008) in Jodhpur Region; (12) "occupier" includes- (a) an owner or any person who, but for a contract, express or implied, is paying or is liable to pay rent to the owner of any building or land; or (b) any person who is liable to pay to the owner of any land or building, damages for wrongful occupation of the whole or part of any such building or land; and (c) rent-free occupant of any building or land; 99 (13) "owner” includes the person who, but for a contract, express or implied, for the time bei ng is receiving or is entitled to receive, whether on his own account or as an agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable institution, the rent or profits of any building or land; (14) "Panchayat" means a panchayat established under the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) in Jodhpur Region; (15) "plan" means a master development plan or a zonal development plan prepared or deemed to be prepared under this Act, and the expression "any plan" shall be construed accordingly; (16) "prescribed" means prescribed by rules under this Act; (17) "public purpose" includes any purpose which is useful to the public or any class or section of the public and the requirement of land reserved or designated in a plan, project or scheme or for any other purpose under this Act; (18) "regulation" means a regulation made by the Authority under this Act; (19) "rule" means a rule made by the Government under this Act; (20) "Tribunal" means Tribunal constituted under the provisions of this Act; (21) "Zone" means any of the division in which Jodhpur Region may be divided for the purposes of development under this Act; (22) words and expressions us ed in this Act, but not defined herein, shall have the same meanings as assigned to them in the Rajasthan Urban Improve ment Act,1959 (Act No. 35 of 100 1959) and the Rajasthan Muni cipalities Ordinance, 2008 (Ordinance No. 10 of 2008). CHAPTER- II Establishment and Constitution of the Authority 3. Establishment of the Jodhpur Development Authority.- (1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish for the purposes of this Act, an Authority to be called "the Jodhpur Development Aut hority" (hereinafter referred to as "the Authority"). (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid. (3) The Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Rajasthan General Clauses Act,1955 (Act No. 8 of 1955). 4. Composition of the Jodhpur Development Authority.-(1) The Authority shall consist of the following members, namely :- (i) a Chairman, appointed by the State Government; (ii) a Vice-chairman, Jodhpur Development Commissioner, Jodhpur; (iii) Principal Secretary to the Government, Urban Governance (Development and Housing Department); or his representative not below the rank of Deputy Secretary; (iv) Deputy Housing Commissioner, Rajasthan Housing Board, Jodhpur; 101 (v) Additional Chief Engineer, Public Health Engineering Department, Jodhpur; (vi) Additional Chief Engine er, Public Works Department, Jodhpur; (vii) District Collector, Jodhpur; (viii) Chief Managing Director, Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur; (ix) Chairman/Administrator, Municipal Corporation, Jodhpur; (x) Zila Pramukh of Zila Parishad, Jodhpur ; (xi) Deputy Town Planner, Jodhpur; and (xii) Non-official members, not exceeding seven to be nominated by the State Government. (2) Besides the members referred to in sub-section (1) the State Government, if it so thinks fit, may also appoint the Chairman of any Functional Board as member of the Authority. (3) The Chairman of the Authority shall supervise and control all the activities on behalf of the Authority and shall exercise such powers and perform such duties as are conferred on him under this Act and exercise such other powers and perform such other duties as the Authority may, by regulations, from time to time determine. He may also modify, subject to confirmation by the Authority, in its next meeting, the decisions of officers of authority and committees constituted under the provisions of this Act. (4) The Vice-chairman shall exercise such powers and perform such duties as the Chairman of the Authority may, by order, delegate to him and shall, during the absence of the Chairman, perform the functions and exercise the powers of the Chairman. 102 (5) The members shall receive such allowances for meeting the personal expenditure in attending the meetings of the Authority or any committee or body thereo f or in performing any other functions as members, as may be prescribed. (6) Where a person becomes or is nominated as a member of the Authority by virtue of holding any office or being a member of the Parliament or State Legislat ure or any local authority or any other authority, Corporation, C ouncil, Board or body, whether incorporated or not, he shall cease to be a member of the Authority as soon as he ceases to be holder of that office or such member as the case may be. (7) A member of the Au thority, other than ex officio members, may, at any time by writing under his hand addressed to the Chairman, resign his office but shall continue as member until his resignation is accepted by the Chairman. (8) The term of the non-official members of the Authority nominated under clause (xii) of sub-section (1) shall be for a period of two years: Provided that in the event of the office of any aforesaid member becoming vacant by reason of death, removal, resignation or otherwise, the vacancy shall be filled up by fresh nomination according to the provisions of clause (xii) of sub-section (1). (9) No act or proceeding of th e Authority, or of any board, committee or other body thereof sha ll be deemed to be invalid at any time merely on the ground that any of the members of the Authority or such body are not nominated, appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the Authority, or such body or any person is a member in more than one capacity, or there are one or more vacancies in the offices of any members of the Authority or such body. 103 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 shal l, subject to the provisions of section 6 observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum thereat) as may be laid down by regulations. (2) The Chairman or in his absence, the Vice-chairman shall preside at every meeting of the Authority. If for any reason both the Chairman and the Vice-chairman are unable to attend any meeting, any other member of the Authority, elected by the members thereof, present at the meeting, shall preside. 6. Cessation of membership .- (1) A member of the Authority, who has or acquires, dir ectly or indirectly any share or pecuniary or other interest in a ny contract, loan, arrangement or proposal entered into, or proposed to be ente red into by or on behalf of the Authority shall cease to be a member of the Authority: Provided that, a member shall not be deemed to have any such share or interest, by reason only of his being a share holder of a public limited company/concern in any such contract, loan, arrangement or proposal or that he himself or any relation of his, is employed by or on behalf of the Authority or he has such share or interest in his capacity as a me mber of the Authority, or his property, or any property in which he has a share or interest, is or is being acquired or taken on lease by or on behalf of the Authority by agreement or according to any law for the time being in force. (2) If any question arises whether a member of the Authority has become subject to the dis-qualifications mentioned in sub-section (1), the question sh all be referred for the decision of the State Government and its decision shall be final. 104 7. Constitution and powers of Executive Committee.- (1) There shall be an Executive Committee of the Authority consisting of the following members, namely: - (i) a Chairman, who shall be the Jodhpur Development Commissioner; (ii) representative of Pr incipal Secretary, Urban Governance (Development and Housing) not below the rank of Deputy Secretary; (iii) Secretary, Jodhpur Development Authority (who shall be the member-Secretary of the Committee); (iv) Chief Engineer , Public Works Department, Jodhpur, Rajasthan; (v) Chief Engineer , Public Health Engineering Department, Jodhpur, Rajasthan; (vi) Managing Director or his representative of the Jodhpur Vidyut Vitaran Nigam Limited not below the rank of a Chief Engineer; (vii) Managing Director, Raja sthan State Industrial and Investment Corporation Limited; or his representative not below the rank of General Manager; (viii) Managing Director, Raja sthan State Road Transport Corporation; or his repres entative not below the rank of General Manager; (ix) Deputy Director, Tourism, Jodhpur; (x) Director, Engineering of the Authority; (xi) Director, Town Planning of the Authority; (xii) Director, Finance of the Authority; (xiii) Director, Law of the Authority; (xiv) Collector, Jodhpur; 105 (xv) Superintendent of Police, Jodhpur; and (xvi) The Commissioner, Munici pal Corporation, Jodhpur : Provided that where an Admini strator has been appointed of the Municipal Corporation of Jodhpur, he shall be the member. (2) The Executive Committee shall exercise the following powers and perform the following duties, namely :- (i) organisation of the divisi ons and operational units of the Authority; (ii) preparation of draf ts of regulations and recommending to the Authority for making them; (iii) operation of the Jodhpur Region Development Funds; (iv) preparation of projects and schemes; (v) approval or rejection of tenders for projects and schemes; (vi) creation of posts under th e Authority upto such level as may be determined by regulations with the prior approval of the Government ; (vii) borrowing and reborrowing of money required by the Authority; (viii) investment of surplus money of the Jodhpur Region Development Funds; (ix) making of grants, subven tions, loans or advances to, or sharing expenses with a ny local or other authority or person for projects and schemes; (x) institution or withdraw al of legal proceedings on behalf of the Authority; and (xi) delegation of any of its powers and duties to its Chairman or any officer of the Authority. 106 (3) In addition to the powers and duties conferred on it under other provisions of this Act, the Executive Committee shall exercise such other powers and perform such other duties as may be delegated to it by the Authority from time to time. (4) The Executive Committee shall meet at such place and at such time as may be determined by its Chairman, and shall observe such rules of procedure in regard to transaction of business as may be determined by regulations. 8. Appointment of Jodhpur Development Commissioner, Directors, Secretary, etc..- (1) The State Government shall appoint any of its officer as Jodhpur Development Commissioner on such salary and allowances and on such terms and conditions of service as may be determined by the State Government. He shall be the Chief Executive of the Authority and shall supervise and control all its officers and serv ants, 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 an y body thereof. He shall be responsible for collect ion of all sums due to the Authority and payment of all sums payable by it. He shall ensure adequate security of all assets including cash balances of the Authority. Besides the said powers and duties and the powers and duties delegated by the Authority or the Executive Committee or any other committee or any Functional Board or any body thereof, he shall also exercise the following powers, perform the following functions and discharge the following duties, namely:- (i) management and supervision of operational units of the Authority; (ii) except as otherwise provided, appointment of the staff as per strength sanctioned by the Authority or the Executive Committee, as the case may be, including 107 their removal, dismissal or otherwise punishing them in accordance with the regulations made by the Authority; (iii) promulgation of internal procedure for management of the Authority; (iv) administration of Projects and Schemes of the Authority; (v) grant of any permission required to be given under this Act or refusal thereof on behalf of the Authority; (vi) calling tenders, scrutinise them and approve or reject them where the value does not exceed rupees one crore and where the value exceeds rupees one crore making recommendation to the Executive Committee; (vii) executing agreements and entering into contracts for and on behalf of the Authority; and (viii) all other powers, functions and duties as may be determined by regulations. (2) To aid and advise the Jodhpur Development Commissioner, the State Government shall appoint the following Directors: - (i) Director, Engineering who shall not be below the rank of Chief Engineer of civil construction; (ii) Director, Town Planning, who shall not be below the rank of Senior Town Planner and Architectural Advisor; (iii) Director, Finance who sh all be not below the rank of Senior Accounts Officer; and (iv) Director Law who shall not be below the rank of a District Judge, or a Joint Legal Remembrancer from the Rajasthan State Legal Service. 108 (3) The State Government shall appoint a Secretary of the Authority who shall also act as Secretary of the Executive Committee, other Committees, if any, and all Functional Boards. He shall, subject to the contro l and supervision of the Jodhpur 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 a ll 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, Jodhpur Development Commissioner or any Functional Board. (4) The State Government may also appoint one or more Additional Commissioners and Additional Secretaries to assist the Jodhpur Development Commissioner and they shall perform such functions and discharge such dutie s as may be delegated to them by the Jodhpur Development Commissioner. (5) The officers appointed under sub-sections (2), (3) and (4) shall be deemed to be officers of the Authority and their salary and allowances and their terms and conditions of service shall be such as may be determined by the State Government. 9. Determination of strength of the Staff, etc..- The Authority or in case the powers are delegated by it, the Executive Committee may, from time to time, sanction creation of posts of all other officers and servants w ith the prior approval of the Government, except the officers referred to in section 8, subordinate to the Authority including Executive Committee, any other Committee, any Functional Board or any other body as it thinks necessary. The conditions of appointment and service, strength of the cadre and the power s, functions and duties of such 109 officers 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 partly of other persons in such manner and for such purposes and functions as may be specified by the Authority by regulations. (2) The Committees constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. (3) The members of the committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the committees as may be prescribed. 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 authorised by the Chairman in this behalf and all other orders and instruments of the Authority shall be authenticated by the Jodhpur Development Commissioner or by any other officer of the Authority authorised by him in this behalf. 12. Provision for inviting Government and Local Authority Officers to assist for advice.- The Authority, the Executive Committee, the Jodhpur Development Commissioner or a Functional Board may invite any officer of the State Government or local authority or other auth ority or any person to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The 110 officers or the persons so invited may take part in the proceedings, but shall have no right to vote. CHAPTER- III Constitution of Functional Boards 13. Establishment of Jodhpur Traffic Control Board.- (1) As soon as may be after the Authority is established under sub- section (1) of section 3, the Stat e Government shall, by order, constitute a Functiona l Board to be called as the "Jodhpur Traffic Control Board" under the Authority. (2) The Jodhpur Traffic Contro l Board shall consist of the followings members, namely :- (i) a Chairman who shall be the Jodhpur Development Commissioner ; (ii) Secretary, Jodhpur Development Authority ; (iii) Regional Transport O fficer, Jodhpur, Rajasthan ; (iv) General Manager(Operati on), Rajasthan State Road Transport Corporation, Zone Jodhpur ; (v) Additional Chief Engineer, Public Works Department, Jodhpur ; (vi) Additional Chief Engineer, Public Health Engineering Department, Jodhpur ; (vii) Representative of the Jodhpur Vidyut Vitran Nigam Ltd., not below the rank of a Additional Chief Engineer ; (viii) Director, Engineering of the Authority ; (ix) Director, Town Planning of the Authority ; (x) Director, Finance of the Authority ; (xi) District Magistrate, Jodhpur ; 111 (xii) Superintendent of Police, Jodhpur ; (xiii) Chairman/Administrator, Municipal Corporation, Jodhpur ; and (xiv) two persons to be nominated by the Chairman of the Authority. (3) The Jodhpur Traffic Contro l Board shall exercise the following powers and perform the following duties, namely :- (i) to prepare a Master Pl an for traffic control in Jodhpur City and to take steps in a phased manner for its implementation ; (ii) to take steps to modernise the traffic control system ; (iii) to lay down the policy for issuing traffic licences of light and heavy vehicles ; (iv) to determine policy for one way traffic, to impose restrictions for certain hours on certain kind of traffic on certain roads, to bar certain vehicles on certain roads, to determine parking places, stands, stops and cycle ways and other matters connected therewith ; (v) to lay down guidelines for raising sign-signals, barriers and speed breakers ; (vi) to grant permission to any person, Government Department (Central or Stat e), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof ; (vii) to demolish traffic hazards, obstacles and to determine compensation in such cases in accordance with regulations ; (viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic control and traffic education in accordance with the rules ; (ix) to organise traffic education ; and 112 (x) to perform all other activities pertaining to the improvement and control of traffic and such other functions as may be directed by the Authority. 14. Constitution and powers of other Functional Boards.- (1) On the advice of the Aut hority, the State Government may, from time to time, by order published in the Official Gazette, constitute, (i) a Transport and Co mmunications Board, (ii) a Water Resources Management Board, (i ii) a Housing, Urban Renewal and Ecology Board and other Functional Boards for achieving the objects of the Authority with such names as it deems fit to specify, each having membership as provided in sub-section (2). (2) Each Functional Board constituted by the State Government under sub-section (1) sh all consist of a Chairman and such other members (not exceeding five) as may be appointed by the State Government. At least two of the members shall be persons who have special knowledge and experience of the subject to be dealt with by the Functional Board. (3) The State Government may if it thinks fit in public interest so to do terminate the appointment of Chairman or any member of any Functional Board constituted under sub-section (1) or reconstitute the same at any time. (4) Each Functional Board shall, in respect of the subject on areas within its purview: - (a) plan, identify projects and schemes, initiate surveys and conduct investigations (e ither by itself or engaging other agencies as appropriate) and prepare programmers and proposals for investment purposes for the consideration of the Authority, indicating the authorities and agencies to be entrusted with the execution thereof; 113 (b) advise the Authority, Executive Committee or the Jodhpur Development Commissioner; (c) implement any project or scheme, entrusted to it by the Authority or Executive Committee; and (d) exercise such other powers and perform such other functions and duties as may be delegated to it by the Authority or as may be a ssigned to it by the Executive Committee or the Jodhpur Development Commissioner from time to time. 15. Meetings of the Functional Board.- (1) All Functional Boards constituted under this Chapter shall meet at such place and at such time as may be determined by its Chairman; and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by regulations. (2) The members of the Functional Boards may be paid such allowances for meeting the personal expenditure in attending meeting and for attending to any ot her 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 Jodhpur Region and for that purpose the functions of the Authority shall be:- (a) urban planning including the preparation of Master Development Plan and Zonal Development Plans and carrying out surveys for the purpose and also making alterations therein as may be deemed necessary; 114 (b) formulation and sanction of the projects and schemes for the development of the Jodhpur Region or any part thereof; (c) execution of projects and schemes directly by itself or through a local authority or any other agency; (d) to make recommendations to the State Government on any matter or proposal requiring action by the State Government, Central Government, any local authority or any othe r authority for overall development of the Jodhpur Region; (e) participation with any other authority for the development of the Jodhpur Region; (f) co-ordinating execution of projects or schemes for the development of the Jodhpur Region; (g) supervision or otherwise ensuring adequate supervision over the pla nning and execution of any project or scheme, the expenses of which, in whole or in part are to be met from the Jodhpur Region Development Funds; (h) preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism entertainment and similar other activities; (i) execution of projects and schemes on the directions of the State Government; (j) undertaking housing activ ity in Jodhpur Region, provided that the delinea tion of responsibility for housing between Rajasthan Housing Board and the 115 Authority will be made by the State Government effective from the date to be fixed by it; (k) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary; (l) to enter into contracts, agreements or arrangements with any person or organisa tion as the Authority may deem necessary for performing its functions; (m) to prepare Master Plan for traffic control and management, devise policy and programmes of action for smooth flow of traffic and matters connected therewith; (n) to perform functions designated by the State Government in the areas of urban renewal, environment and ecology, transport and communication, water energy resource management directly or through its F unctional Board or other departments/agencies as the State Government may specify; (o) regulating the posting of bills, advertisement hoardings, signpost, and name boards in Jodhpur Region or in any part ther eof as specified by the Authority; (p) regulating the erection or re-erection of buildings and projections, making material alterations therein and providing for open spaces in Jodhpur Region or in any part thereof as specified by the Authority; (q) removing obstructions and encroachments upon public streets, open spaces and properties vesting in the Government or the Authority; (r) to do all such other acts and things which may be necessary for or incidental or conducive to, any 116 matters which arise on account of its activity and which are necessary for furtherance of the objects for which the Authority is established; and (s) to perform any other functions that the State Government may designate in furtherance of the objectives of this Act. 17. No other authority or person to undertake certain development without permission of the Authority.- (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertak e any development within the Jodhpur Region of the type as the Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Jodhpur Region. (2) Any authority or person desiring to undertake development referred to in sub-sect ion (1) shall apply in writing to the Authority for permission to undertake such development: Provided that such person may apply for such permission through the concerned local authority and such local authority shall forward his application to the Authority with its recommendations, if any. (3) The Authority shall, after making such enquiry as it deems necessary and within sixty days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such c onditions as it may deem fit to impose or refuse to grant such pe rmission. If such permission is not granted or refused w ithin sixty days as aforesaid, the applicant may, by a written communication pr esented in person or through his authorised representative to th e Secretary of the Authority or any other officer nominated by him in this behalf, call the attention 117 of the Authority to the omission or neglect in granting or refusing permission, and if such omission or neglect continues for a further period of thirty days from the receipt of such communication, the Authority shall be deemed to have permitted the proposed development and such development may be proceeded within the manner specified in the application: Provided that nothing herein c ontained shall be construed to authorise any person to act in contravention of any provision of this Act or the rules, regulations or order made thereunder, relating to any matters other than the requi rement of obtaining permission of the Authority before undertaking or carrying out any improvement under this Act. (4) Any authority or person aggrieved by the decision of the Authority under sub-section (3), may, within thirty days, appeal against such decision to the St ate Government whose decision shall be final: Provided that, where the aggrieved authority submitting such appeal is under the admini strative control of the Central Government the appeal shall be decided by the State Government after consultation with the Central Government. (5) In case any person or au thority does anything contrary to the decision given under this se ction, the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decisi on and recover the cost of such pulling down, demolition or removal from the person or authority concerned. 18. Powers of the Authority to give directions.- (1) Notwithstanding anything containe d in any other law for the time being in force, the Authority may gi ve such directions to any local authority or other authority or person, with regard to the implementation of any project or scheme financed under section 118 16, as it thinks fit and any such lo cal authority or other authority or person shall be bound to comply with such directions. (2) Where any direction is gi ven to any local authority, other authority or person under sub- section (1), such authority or person may, within fifteen days from the date of receipt of such direction, appear to the State G overnment 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 is executed in the interest of the overall development of the Jodhpur Region and in accordance with any plan, project or scheme duly approved under any law for the time being in force or by the State Government. 19. Power of the Authority to require local authority to assume responsibilities in certain cases.- (1) Where any amenities are provided by the Authority, the Authority may assume responsibility for the maintenan ce of the amenities which have been provided by it, or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility. (2) The Authority, may also require the local authority or any other authority to make provision for such other amenities as may be specified by it and which have not been provided by the Authority, on such terms and cond itions as may be agreed upon conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government, in consultation with the local authority or any other author ity, as the case may be, and the Authority. 20. Power of the Authority to execute any plan.- (1) Where the Authority is satisfied that any direction given by it 119 under sub-section (1) of section 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such au thority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Jodhpur Region, the Authority may, with the sanction of the State Government itself undertakes any works and incur any expenditure fo r the execution of such projects or implementation of such schemes as the case may be. (2) The Authority may also undertake any works in the Jodhpur Region in accordance with the Master Development Plan or the Zonal Development Plan or any other project or scheme as the case may be, as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the State Government - (a) there is no other suitable authority to undertake such work, or (b) where there is such an authority but it is unwilling or unable to undertake such work, or (c) where the Authority has specifically requested the State Government to entrust such work to it. (3) Where any work is undert aken by the Authority under sub-section (1), it shall be deem ed to have, for the purpose of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the local Authority or other authority or person referred to in sub-section (1). (4) The Authority may, for the purpose of sub-sections (1) and (2), undertake the survey of any area within the Jodhpur 120 Region and for that purpose it shall be lawful for any member, officer or servant of the Authority:- (a) to enter in or upon any land to take level of such land ; (b) to dig or bore into the sub-soil ; (c) to mark levels and boundaries by placing marks and cutting trenches ; and (d) where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any fence or jungle : Provided that, before entering upon any land, the Authority shall give notice of its intention to do so in such manner as may be specified in the regulations. CHAPTER- V Master Development Plan and Zonal Development Plans 21. Civic Survey and preparation of Master Development Plan.- (1) The Authority with a view to securing planned integrated development and use of land, shall carryout a civic survey of and prepare a Master Development Plan for Jodhpur Region. (2) The Master Development Plan shall precisely define the quality of life that a citizen of Jodhpur Region could desirably be expected to lead in (i) medium range perspective of the year 2016 A.D. (ii) long term perspective of the year 2023 A.D. and thereafter, and (iii) such other intermediate stages, as the State Government may direct, balanced and time targeted development to sub-serve the needs of the gr owing city of Jodhpur and other areas of Jodhpur Region, the networ k of public utilities, civic amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural resources and such other matters as are 121 likely to have bearing on the integrated development of the Jodhpur Region and in particular may provide for :- (i) transport and communications such as roads, high- ways, railways, canals, international air-ports, air cargo complexes and bus-se rvice, including their development ; (ii) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services, including electricity and gas ; (iii) preservation, conservati on and development of areas of natural scenery, city forests, wild life, natural resources and landscaping ; (iv) preservation of objects, features, structures or places of historical, natural, ar chitectural or scientific interest and educational value ; (v) prevention of erosion, pr ovision for afforestation or re-forestation, improvement of water front areas, rivers, nallahs, lakes and tanks ; (vi) irrigation, water supply and hydro-electric works, flood control and prevention of water and air pollution; (vii) educational and medical facilities ; (viii) district business centers, other shopping complexes, export oriented industrial areas and clearing houses, permanent exhibition cen tres, cattle fairs and markets ; (ix) games and sports complexes worthy of holding international events ; (x) amusement parks including disney land, style complexes, safari parks and other gardens and parks, 122 picnic centres and day amusement including artificial lakes and water reservoirs ; (xi) cultural complexes including theatres, cinemas, rangmanch, studios, recreati on centres, conference hall complexes, concert halls, town halls and auditoria ; (xii) tourist complexes including hotels and motels, car hiring services, organised tours and treks ; (xiii) development of satel lite towns in Jodhpur Region and their appropriate integration with the City of Jodhpur including development of new townships ; (xiv) allocation of land for different uses, general distribution and general location of land and the extent to which the land may be used as residential, commercial, industrial, agricu ltural, or as forests or for mineral exploitation or for other purposes ; (xv) reservation of areas for open spaces, gardens, recreation centres, zoologi cal gardens, nature- reserves, animal sanctuaries, dairies and health resorts and other purposes ; (xvi) the relocation of the population or industry from over populated and industrially congested areas and indicating the density of population or the concentration of industry to be allowed in any area of Jodhpur Region ; (xvii) housing including rural housing ; (xviii) filling up or reclamation of low lying, swampy or un-healthy areas or levelling up of lands ; (xix) re-development and improvement of existing built- up areas ; 123 (xx) planning standards and zoning regulations for different zones including development of "abadi" ; and (xxi) planning for Jodhpur Re gion for management of urban growth and all matters connected therewith and other matters as are consistent with the objective of this Act. (3) The Master Development Plan may also define the various zones into which the Jodhpur Region shall be divided for the purposes of development and indicate the manner in which the development is to be carried out and the land in each zone is proposed to be used (whether by the carrying out therein development or otherwise) and the stages by which any such development shall be ca rried out and shall serve as a basic pattern of frame-work within which the Zonal Development Plan of the various zones may be prepared : Provided that the Authority may, if it so considers necessary in the public interest alter the area of any zone. 22. Zonal Development Plan.- (1) Simultaneously with the preparation of the Master Deve lopment Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the Zone into which the Jodhpur Region may be divided. (2) A Zonal Development Plan may :- (a) contain the provision for the developmental activities to be carried out as mentioned in sub- section (2) of section 21 ; (b) contain a site-plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, 124 roads, housing, recreati on, industry, busine
Excerpt shown. Open the full act in Lexace.