The rajasthan special investment regions act, 2016
Rajasthan · state statute
Open in Lexace · Ask the AI about this actThe Rajasthan Special Investment Regions Act, 2016 (Act No. 13 of 2016) CHAPTER I Preliminary 1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Special Investment Regions Act, 2016. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the comm encement of this Act shall be construed as a reference to coming into force of that provision. 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "abadi" or "abadi area" means abadi or abadi area or abadi land as defined under Section 103 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956); (b) "appellate authority" means the appellate authority established and constituted under Section 67; (c) "Board" means the Rajasthan Special Investment Regions Board established under Section 7; (d) "buffer for abadi development" means the area adjoining a municipal area or abadi area of a village specified in a Master Development Plan for the development of abadi of the village or municipality, as the case may be; (e) "building" means any structure or erection, or any part of a structure or erection which is intended to be used fo r residential, industrial, commercial or other purposes whether in actual use or not; 1 (f) "Chief Executive Officer" means the Chief Executive Officer of the Regional Development Authority; (g) "concession agreement" means a contract of the' nature specified in the Schedule between a concessionaire and the Regional Development Authority, State Government, or a Government agency relating to a project; (h) "concessionaire" means a private sector participant with whom a concession agreement is entered into by a Regional Development Authority; (i) "development", with its grammatical variations, means the carrying out of building, engineering, mining or other operatio ns 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 public and civic facilities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other simi lar activities, and 'to develop' shall be construed accordingly; (j) "development authority" means Ajmer Development Authority constituted under the Ajmer Development Authority Act, 2013 (Act No. 39 of 2013), Jaipur Development Authority constituted under the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), Jodhpur Development Authority constituted under the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009) or any other similar Development Authority constituted by any Rajasthan law but excluding a Regional Development Authority constituted under this Act; (k) "development scheme" means a scheme for the purpose of implementation of Master Development Plan or Zonal Development Plan or to provide for development of any area; (l) "economic activity" means the activity and service relating to industrial, manufacturing, commercial, financial, processing, packaging, logistics, transport, tourism, hospitality, health, housing, entertainment, research, development, education, training, skill development, information and communication, management, consultancy and such other activity and service as may be prescribed; (m) "government agency" means a Government Company or a body constituted under any Rajasthan Law or any other institution by whatever name called, owned or controlled by the State Government; (n) "Government Company" means a Government company as defined under clause (45) of Section 2 of the Companies Act, 2013 (Central Act No. 18 of 2013); (o) "industrial area" means an area of land developed by the Rajasthan State Industrial Development and Investment Corporation Limited or by any other government agency or person for setting up of industries and other supportive services including but not limited to commercial units, residential units, schools, institutions, hospitals, police stations, post offices, fire stations and banks and is approved as such by the State Government; 2 (p) "infrastructure facility" means road, bridge, bypass, underpass, water supply, drainage, collection -treatment-discharge and disposal of industrial, institutional and township waste, transport, electricity, post, telecommunication, disaster management , gas pipeline, and such other facility and includes any kind of public and civic facility; (q) "infrastructure project" means any project for creation, rehabilitation, improvement, expansion, alteration or replacement of any infrastructure facility including financing, construction, operation, maintenance or management thereof, whether within a Special Investment Region, connecting a Special Investment Region or required for a Special Investment Region and includes any project which is linked to or from an infrastructure project; (r) "land pooling" means an arrangement wherein a tenant or owner of any land or part thereof agrees to surrender his rights in the land or any part thereof in favour of the Regional Development Authority for any development scheme in lieu of such developed land or such cash compensation or such proportion of developed land and cash compensation as may be agreed between such tenant or the owner, as the case may be, and the Regional D evelopment Authority; (s) "local authority" means a Panchayati Raj Institution, a municipality, Rajasthan Housing Board, an Urban Improvement Trust, or a Development Authority constituted by or under any Rajasthan Law; (t) "Master Development Plan " means the Master Development Plan prepared and approved in accordance with the provisions of Chapter V; (u) "municipal services" means arrangement for public health, sanitation, solid waste management, drainage and sewerage, cleaning public streets or p laces, sewers and drains, lighting public streets or places, extinguishing fires, regulating offensive or dangerous trades or practices, removing obstructions and projections in public streets or places, securing or removing dangerous buildings, regulating disposal of carcasses of dead animals, naming streets and numbering houses, regulating the movement of dogs, cattle and other animals, and includes arrangement for such other services as are provided by a municipa lity in a municipal area; (v) "municipality" means a Municipality as defined in clause (xlii) of Section 2 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009); (w) "Panchayati Raj Institution" means a Panchayati Raj Institution as defined under clause (xvii) of Section 2 of the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994); (x) "periphery" means the adjoining area of a Special Investment Region declared as such under Sec. 4; (y) "private sector participant" means any person other than, - (i) the State Government or a government agency, or (ii) the Central Government or any public sector undertaking of the Central Government, or 3 (iii) any joint venture between the Central Government and the State Government or a government agency; (z) "public and civic facility" means open space, garden, zoological garden, natural reserve, sanctuary, play ground, stadium, recreation ground, public assembly ground, theater, place for public gathering or entertainment, museum, art gallery, public lavatory, green belt, housing, school, college and other educational institution, hospita l and other health and medical facility, social welfare and cultural facility, parking facilities and all other kind of facility for public and civic purpose as may be prescribed; (za) "public private partnership" means a participation contract between a R egional Development Authority and any private sector participant in connection with a development scheme; (zb) "Rajasthan Housing Board" means Rajasthan Housing Board constituted under the Rajasthan Housing Board Act, 1970 (Act No. 4 of 1970); (zc) "Rajasthan State Industrial Development and Investment Corporation Limited" means the Rajasthan State Industrial Development and Investment Corporation Limited, a company incorporated under the Companies Act, 1956 (Central Act No. 1 of 1956); (zd) "Regional Development Authority" means a Regional Development Authority constituted under Section 9; (ze) "regulations" means the regulations made by the Board and the Regional Development Authority under this Act; (zf) "rules" means the rules made by the State Government under this Act; (zg) "Schedule" means the Schedule to this Act; (zh) "Secretary in -charge" means the Secretary to the Government in -charge of a Department and includes an Additional Chief Secretary and Principal Secretary when he is in - charge of the Department; (zi) "Special Investment Region" means an area declared as such under Section 3; (zj) "Urban Improvement Trust" means a Trust constituted under the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959); and (zk) "user charges" means the charges imposed under Section 56. CHAPTER II Special Investment Region 3. Declaration of Special Investment Region. - (1) The State Government may, by notification in the Official Gazette, declare any area of land, including an industrial area, to be a Special Investment Region and specify the geographical area thereof. 4 (2) An area declared as a Special Investment Region may be known by the name of its location and/or its predominant economic activity. (3) Every notifi cation issued under sub -section (1) shall be laid before the State Legislature as soon as may be after it is issued. 4. Declaration of periphery. - (1) The State Government may, by notification in the Official Gazette, declare such of the outer area on any side adjoining a Special Investment Region, to be the periphery of the Special Investment Region as it deems fit. (2) On declaration of an area under sub -section (1) as periphery of a Spe cial Investment Region, - (a) the Regional Development Authority of the Special Investment Region shall be the Regional Development Authority for the periphery of the Special Investment Region; and (b) the powers and functions of the Regional Development Authority and the Board shall extend to the periphery of the Special Investment Region. (3) In order to regulate the developments in the periphery area, the Regional Development Authority may prepare separate Master Development Plan and Developm ent Scheme for the periphery area in accordance with the provisions of this Act. 5. Special Investment Region to be an industrial township. - The area comprising a Special Investment Region and the periphery thereof, except the abadi area, including the land set apart for development of abadi, of a village and the municipal area, shall be deemed to be an industrial township within the meaning of the provisions of c lause (1) of Article 243Q of the Constitution of India from the date it is so notified in the Official Gazette by the State Government. 6. Special Investment Region to be out of jurisdiction of local authority. - (1) A Special Investment Region declared under this Act, except the abadi area, including the land set apart for development of abadi, of a village and the municipal area, shall cease to be under the jurisdiction of a local authority to the extent it relates to the provisions made in this Act. (2) While preparing the Master Development Plan for the Special Investment Region, the Regional Development Authority shall take into account the development plan, if any, prepared by the respective local authorities. CHAPTER III The Rajasthan Special Investment Regions Board 7. Establishment of Board. - (1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish a Board to be called the Rajastha n Special Investment Regions Board with effect from such date as may be specified in the notification. (2) The headquarters of the Board shall be at Jaipur or at such other place as the State Government may, by notification in the Official Gazette, specify . 5 (3) The Board shall consist of a Chairperson, Vice -Chairperson, Member-Secretary and such number of other official and non -official members not exceeding twelve, who shall be appointed by the State Government. (4) The Chairperson, Vice -Chairperson, and every other member of the Board shall hold office during the pleasure of the State Government. (5) If any vacancy arises in the Board by reason of death, resignation or otherwise , the same shall be filled up by the State Government as soon as possible. (6) The Board shall meet at such time and place and shall observe such rules of procedure in regard to transaction of its business at its meeting (including the quorum at such meeting) as may be provided by regulations made by the Board. (7) The Board may associate with itself any person whose assistance or advice is required in performing any of its functions under this Act. (8) The Board may obtain from the State Government, a Gove rnment agency, a Regional Development Authority or a developer any information which is required for performing its functions under this Act. (9) The State Government shall provide such officers and servants to the Board as it may consider necessary for the efficient discharge of functions of the Board. (10) The remuneration, allowance and other conditions of service of the non -official members of the Board shall be such as may be prescribed by the rules. (11) No act or proceedi ng of the Board shall be invalid merely by reason of any vacancy therein or any defect in the constitution thereof, or any irregularity in its procedure not affecting the merits of the case. 8. Powers and functions of the Board. - The Board shall have the following powers and functions, namely: - (a) to promote and establish Special Investment Regions and the periphery; (b) to monitor the development of Special Investment Regions and issue necessary instructions to the agencies involved; (c) to identify difficulties in development of Special Investment Regions in the State and to make recommendations on any matter or proposal requiring action by the State Government, Central Government, any government agency, or the National Capi tal Region Planning Board including coordination with them for achieving the purposes of this Act or in furtherance of the objects thereof, including making of or amendments to any policy or law; (d) to consider appropriate State support or customized pack age for any project or economic activity in the Special Investment Region and recommend it to the State Government for its approval under the provisions of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No. 7 of 2011); and 6 (e) to exercise such powers and perform such functions as may be necessary for carrying out the provisions of this Act. CHAPTER IV Regional Development Authority 9. Constitution of Regional Development Authority. - (1) The State Government may, by notification in the Official Gazette, constitute a Regional Development Authority for a Special Investment Region, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of movable and immovable property and to contract, and by its name, to sue and be sued: Provided that the State Government may constitute a single Regional Development Authority for more than one Special Investment Regions: Provided further that a Regional Development Authority may be known by the name of its location and/or its predominant economic activity. (2) The Regional Development Authority shall consist of the following: - (i) Minister in-charge of the Delhi-Mumbai Industrial - Chairperson; Corridor Department of the State Government (ii) all members of the Lok Sabha and Rajasthan Vidhan - Members; Sabha representing the areas included in a Special Investment Region (iii) such number of other official or non -official persons - Members; not exceeding thirteen to be nominated by the State Government (iv) Chief Executive Officer to be appointed by the State - Member- Secretary Government (3) The headquarters of a Regional Development Authority shall be at such place as the State Government may, by notification in the Official Gazette, specify. (4) The remuneration, allowances and other conditions of service of the non -official members specified in clause (iii) of sub-section (2) shall be such as may be prescribed by rules by the State Government. (5) The Regional Development Authority shall meet at such time and place and shall observe such rules of procedure in regard to transaction of its business at its meeting (including the quorum at such meeting) as may be provided by regulations made by the Regional Development Authority. 7 (6) No act or proceeding of the Regional Development Authority shall be invalid merely by reason of any vacancy therein or any defect in the constitution thereof, or any irregularity in its procedure not affecting the merits of the case. (7) Notwithstanding anything contained in sub -sections (1) to (5), the State Government may, by notification in the Official Gazette, constitute a Regional Development Authority for a Special Investment Region by designating an existing Regional Development Authority or any other government agency or Government Company as the Regional Development Authority for that Special Investment Region. 10. Powers and functions of Regional Development Authority. - The Regional Development Authority shall, subject to the provisions of this Act and under the control, supervision and guidance of the State Government and the Board, discharge the following functions and exercise following powers, namely: - (a) to acquire, procure and hold land within the Special Investment Region by purchase, lease, exchange, agreement or otherwise; (b) to give directions to any government agency or persons functioning in the Special Investment Region or the periphery thereof in matters pertaining to plans and schemes prepared under Chapter V; (c) to promote private sector participation in development and implementation of Development Schemes; (d) to raise finance from market including financial and multilateral institutions; (e) to allot land under Section 36; (f) to modify or cancel permission to develop subject to the provisions of Sections 40 and 41; (g) to regulate the development activities in the Special Investment Region in accordance with the plans and sche mes prepared under Chapter V and the building regulations made by the Regional Development Authority in this behalf; (h) to enter upon any land or building to carry out surveys, make enquiry, inspection, examination or measurement subject to the provisions of Section 49; (i) to make arrangements for observance and promotion of safety, order, health and environmental safeguards, disaster management for the Special Investment Region; (j) to engage consultant s or persons having special knowledge or skill to assist it in performance of its functions; (k) to negotiate and enter into any contract including by way of public private partnership; (l) to administer its funds; 8 (m) to constitute committees for proper regulation of traffic, environment, building, land uses and any other purposes to achieve the objects of this Act; (n) to subscribe for shares in a company with the prior appro val of the State Government and enter into joint venture agreement with any person or body upon such terms and conditions as may be approved by the State Government; (o) to enter into concession agreements with the approval of the State Government; (p) to accept grants and donations; (q) to carry out surveys and prepare and execute plans and schemes prepared in accordance with Chapter V for development of the Special Investment Region; (r) to classify, earmark, demarcate and develop the Special Investment Region and the periphery for purposes and usages, inter alia, for any economic activity, infrastructure facility including housing and industrial areas and public and civic facility and to encourage and promote aesthetics, efficiency and generate revenues in the process of development; (s) to ensure provision of sufficient infrastructure facility and public and civic facility and to make sustainable arrangements for adequate maintenance thereof; (t) to conduct, prepare and assess the techno -commercial, economic and environmental feasibility studies relating to infrastructure projects; (u) to regulate, grant, suspend, withdraw or cancel approvals and permissions for economic activity in accordance with the provisions of this Act; (v) to remove encroachments and constructions not duly authorized or which are made in violation of this Act or rules or regulations made thereunder; (w) to update the Board on plannin g, development, operation, maintenance, management and regulation of the Special Investment Region and its projects and implement the directions, policies, guidelines and parameters issued by the State Government and the Board on matters relating thereto; (x) to make the regulations on matters specified in Section 71; (y) to globally market the Special Investment Region and its projects; (z) to provide public and civic facilities within the Special Investment Region; (za) to provide municipal services within the Special Investment Region; (zb) to plan, develop, operate, maintain, manage and regulate the periphery in accordance with the provisions of this Act; (zc) to procure land for the Special Investment Region in accordance with Chapter VI; (zd) to provide urban transport facility for the Special Investment Region; 9 (ze) to appoint such officers and servants subordinate to the Regional Development Authority as it may consider necessary for the efficient discharge of its functions, on such conditions of appointment and service and with such powers, functions and duties as it may determine by regulations; and (zf) to exercise such other powers and discharge such other functions as may be necessary or expedient to carry out provisions of this Act and such other functions as may be assigned to it by the State Government or the Board. CHAPTER V Planning For The Special Investment Regions Master Development Plan 11. Preparation of Master Development Plan. - As soon as may be after the constitution of a Regional Development Authority for a Special Investment Region, the Regional Development Authority shall, subject to general or specific directions of the State Government or the Board, carry out a civic survey and prepare an existing land use map and prepare a draft Master Development Plan for the area declared as the Special Inve stment Region and the periphery, if any, in accordance with the provisions of this Act. 12. Applicability of existing Master Development Plans. - (1) If, before the coming into force of this Act, the State Government has notified a Master Development Plan for any area of the Special Investment Region, such Master Development Plan shall be the Master Development Plan for that area of the Special Investment Region. (2) If any area of any local authority or a development authority is included in the Special Investment Region, the Master Development Plan prepared by that local authority or the development authority shall, with such alterations and modifications as the Regional Development Authority may consider appropriate, be the Master Development Plan for that area of the Special Investment Region: Provided that buffer for abadi development as provided in a Master Development Plan of a local authority or development authority shall not be altered or modified by the Regional Development Authority while adopting such Master Development Plan under this sub-section. 13. Contents of a Master Development Plan. - (1) A Master Development Plan shall generally indicate the manner in which the use of land in the area of the Special Investment Region shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide for the following matters, namely: - (a) areas reserved for the purpose of economic activity, infrastructure facility, public and civic facility, zones into which the Special Investment Region shall be divided and for any other purposes; (b) demarcation and reservation of land for po lluting and non -polluting industrial activities, manufacturing activities, other kind of economic activities, infrastructure facility, public and civic facility, infrastructure projects and for any other purposes; 10 (c) comprehensive land allocation for future development of the Special Investment Region; (d) complete road and street pattern and traffic circulation pattern for present and future requirements and major roads and street improvement; (e) arrangement for providing infrastructure facility, public and civic facility and infrastructure projects including those required from distant sources; (f) buffer for abadi development; (g) all such matters as may be directed by the State Government; (h) all such matters as may be provided for in the guidelines or parameters framed by the Board; and (i) all such matters as may be prescribed by the rules. (2) The draft Master Development P lan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals. 14. Public notice of draft Master Development Plan. - The Regional Development Authority shall on preparation of the draft Master Development Plan for the area declared as the Special Investment Region and the periphery, if any, issue and publish a notice in the Official Gazette in such other manner as may be prescribed by rules, s tating that the draft Master Development Plan has been prepared, specifying the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom, certified to be correct shall be availa ble for sale to the public at a reasonable price, and inviting objections and suggestions within a period of sixty days from the date of notice in the Official Gazette. 15. Objections to draft Master Development Plan. - (1) Subject to the provisions of this Act, if, within the time allowed under Section 14, any person communicates in writing to the Regional Development Authority any suggestions or objections relating to the draft Master Development Plan, the Regional Development Authority may, after co nsidering the suggestions or objections received by it, modify or change the Master Development Plan in such manner as it thinks fit. (2) The draft Master Development Plan so modified shall be published in the Official Gazette and in such other manner as may be prescribed by regulations, not less than one month prior to the submission of the same to the State Government for sanction. 16. Sanction of draft Master Development Plan. - (1) The Regional Development Authority shall submit the draft Master Development Plan to the State Government for sanction on the expiry of the period of one month from the date of publication of it in the Official Gazette under sub-section (2) of Section 15. (2) The State Government may, by notification in the Official Gazette, sanction the draft Master Development Plan submitted to it, either without modification, or subject to such 11 modifications as it may consider proper, o r return the draft Master Development Plan to the Regional Development Authority for modifying the Master Development Plan as it may direct, or refuse to accord sanction and direct the Regional Development Authority to prepare a fresh Master Development Plan: Provided that, where the modifications proposed to be made by the State Government are of substantial nature, the State Government shall publish a notice in the Official Gazette and also in local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of sixty days from the date of such notice. (3) The State Government shall, before according sanction to the draft Master Development Plan, take into consideration such objections and suggestions. (4) The State Government shall fix in the notification under sub -section (2) a date not earlier than one month from its publication on which the final Master Development Plan shall come into operation. (5) A Master Development Plan which has come into operation shall be called the "final Master Development Plan" and shall, subject to the provisions of this Act, be binding on the Region Development Authority. 17. Modification of final Master Development Plan. - (1) Where the State Government is of the opinion that it is necessary or expedient to modify any part of or any proposal made in the final Master Development Plan to give effect to the objects of this Act, it may direct the Regional Development Authority to carry out the modifications. (2) The Regional Development Authority shall, within ninety days from the date of direction given under sub -section (1), publish a notice in the Official Gazette and in such othe r manner as may be prescribed by regulations inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification with amendments, if any, to the State Government for sanction. (3) The State Government shall, after giving hearing to the affected persons and the Regional Development Authority and after making such inquiry as it may consider necessary, publish, by notification in the Official Gazette, the approved modification with or without changes, and subject to the conditions as it may deem fit. On the publication of the modification in the Official Gazette, the final Master Development Plan shall be deemed to have been modified accordingly. 18. Revision of Master Development Plan. - At least once in ten years from the date on which a Master Development Plan has come into operation, the Regional Development Authority may, and at any time when so directed by the State Government, shall revise the Master Development Plan either wholly, or in parts separately after carrying ou t, if necessary, a fresh survey and preparing an existing land use map of the area within its jurisdiction, and the 12 provisions of Sections 11 to 16 shall, so far as they can be made applicable, a pply in respect of such revision of the Master Development Plan. Development Schemes and Zonal Development Plans 19. Preparation and contents of Development Scheme. - (1) A Regional Development Authority may, for the purpose of implementation of the provisions of the Master Development Plan, or the Zonal Development Plan, prepare one or more Development Schemes. (2) The Development Scheme may make provisions for any or al l of the following matters, namely: - (a) the manner in which the Regional Development Authority proposes use of land in the Special Investment Region or the periphery, whether by carrying out development thereon or otherwise and the stages by which any such development is to be carried out; (b) the proposals for conservation and development of natural resources including water bodies; (c) the laying out or relaying out of plots, either vacant or already built upon , or merger or reconstitution or sub-division of plots; (d) the construction, alteration and removal of buildings, bridges and other structures; (e) the reservation and allocation of land for infrastructure facility and public and civic facility; (f) the allocation of land for economic activity, infrastructure facility, public and civic facility and infrastructure projects; (g) layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of st reets, roads and communication, lighting, electricity, gas, waterways, canals, water supply, long term arrangement for providing water supply to the areas whether from near or distant sources, drainage including sewerage, surface or sub -soil drainage and sewerage disposal, solid waste and refuse and manufacture of its by -products, and other infrastructure facility based on present and future requirements; (h) the preservation and protection of objects of historical importance or national interest or natural beauty and of buildings actually used for religious purposes; (i) the suspension, so far as may be necessary for proper carrying out of the Development Scheme, of any rules, bye -laws, regulations, notifications or orders made or issued under any Rajasthan Law; (j) acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the Development Scheme; and 13 (k) such other matters as are likely to have an important influence on the development of the area or matters not inconsistent with the objects of this Act, as may be laid down by the regulations to be prepared by the Regional Development Authority. 20. Po wer of Regional Development Authority to declare its intention to make Development Scheme. - (1) Subject to the guidelines and parameters framed by the State Government or Board, if any prevailing in this regard, a Regional Development Authority may by resolution declare its intention to make Development Scheme in respect of the Special Investment Region, the periphery, or any part thereof: Provided that no declaration under this sub -section shall be made by a Regional Development Authority in respect of areas provided in a Master Development Plan as buffer for abadi development, except with prior consent of the concerned gram panchayat or municipality, as the case may be. (2) Not later than thirty days from the date of declaration of intention to make a Development Scheme, the Regional Development Authority shall publish the declaration in the Official Gazette and in such other manner as may be provided by the regulations. (3) A copy of the declaration referred to in sub-section (2) shall be open to the inspection of the public at all reasonable hours at the head office of the Regional Development Authority. 21. Making and publication of draft Development Scheme and its o peration by means of notice. - (1) Not later than twelve months from the date of declaration, the Regional Development Authority shall make a draft Development Scheme for the area in respect of which the declaration was made. (2) The Regional Development A uthority shall publish a notice in the Official Gazette and in such other manner as may be provided by the rules stating that the draft Development Scheme in respect of such area has been made and notice shall state the name of the place where a copy th ereof shall be available for inspection by public and shall also state that copies thereof or any extract therefrom, certified to be correct, shall be available for sale to the public at a reasonable price. (3) After thirty days from the date of publication of the notice under sub -section (2) regarding preparation of the draft Development Scheme, if any person affected thereby communicates in writing any objection relating to such draft Developme nt Scheme, the Regional Development Authority shall consider such objection and may make necessary modifications to the draft Development Scheme, as it may deem fit. The Regional Development Authority shall publish final Development Scheme in the Offici al Gazette, and in such other manner as may be provided by the rules, and specify the date on which it shall come into operation. 22. Power to vary Development Scheme on ground of error, irregularity or infirmity. - If after the final Development Scheme has come into operation, the Regional Development Authority considers that the Development Scheme is defective on account of an 14 error, irregularity or infirmity, the Regional Development Authority may amend or vary the Development Scheme to remove such error, irregularity or infirmity: Provided that before making any amendments under this section the Regional Development Authority shall issue a notice in the Official Gazette to that effect and follow the procedure as may be laid down by the regulations. 23. Power to vary Development Scheme. - Notwithstanding anything contained in this Act, a Development Scheme may, at any time be amended by an amended Development Scheme, published in the Official Gazette, and sanctioned in accordance with this Act: Provided that when a Development Scheme is so amended, the provisions of Sections. 19 to 21 shall, so far as may be applicable, apply to such amendment and making of subsequent Development Scheme and the date of the declaration of intention of the Regional Development Authority to amend the Development Scheme shall be deemed to be the date of declaration of intention to make a Development Scheme referred to in Section 20. 24. Power of Regional Development Authority to make agreement. - A Regional Development Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a Master Development Plan or a Development Scheme and unless it is otherwise expressly provided therein, such agreement shall take effect on or after the day on which the Master Development Plan or the Development Scheme, as the case may be, comes into force. 25. Power to give directions to government agency. - (1) A Regional Development Authority may give directions to any gover nment agency or person, with regard to implementation of any plan or scheme prepared under this Chapter, as it thinks fit and such government agency or person shall be bound to comply with such directions. (2) Where any direction is given to any government agency or person under sub-section (1), such government agency or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final. (3) A Regional Development Authority shall exercise such powers as may be necessary to ensure that every plan and scheme sanctioned under this Chapter is executed in the interest of achieving the purposes of this Act. 26. Preparation of Zonal Development Plans. - Subject to the provisions of this Act, a Regional Development Authority, for the purpose of implementation of the Master Development Plan or otherwise, may, subject to general or specific directions of the State Government or the Board, prepare Zonal Development Plan for any zone of the Special Investment Region or the periphery. The Zonal Development Plan may generally provide for those matters as may be prescribed by the rules. Sections 19 to 21, shall, to the extent possible, apply to the preparation, publication and approval of Zonal Development Plan as ley apply to Development Scheme. 15 CHAPTER VI Land Procurement 27. Vesting of land in the Regional Development Authority, and its disposal. - (1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land, as defined in Section 103 of that Act, situated in a Special Inv estment Region, (excluding land referred to in sub -clause (ii) of clause (a) of the said section and nazul land placed at the disposal of a local authority under Section 102 -A of that Act and the abadi area and the land set apart for development of abad i of a village and the municipal area and the land vested in any local authority by virtue of an Act of the State Legislature prior to the commencement of this Act) shall, immediately on constitution of the Regional Development Authority under Section 9, be deemed to have vested in and placed at the disposal of the Regional Development Authority on behalf of the State Government and the Regional Development Authority may use the same for the purposes of this Act and may dispo se of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe by rules, - (a) without undertaking or carrying out any development thereon; or (b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider proper. (2) If the State Government is satisfied that any land vested in any local authority is required at any time by the Regional Development Authority for carrying out its functions, it may, notwithstanding anything contained in any Rajasthan Law, by notification in the Official Gazette, place such land at the disposal of the Regional Development Authority on such terms and conditions as it may deem fit: Provided that, before taking any action under this sub -section, the State Government shall give an opportunity of hearing to the local authority concerned. (3) If any land vested in the Regional Development Authority is required at any time by any local authority for carrying out its functions or by the State Government for any other purpose, the State Government may, by notification in the Official Gazette, place such land at the disposal of such local authority or any Department of the State Government on such terms and conditions as it may deem fit: Provided that, before taking any actio n under this sub -section, the State Government shall give an opportunity of hearing to the Regional Development Authority concerned. (4) The State Government may, for the purposes of this Act, acquire land in accordance with the provisions of the law relating to land acquisition, in force, at the time of acquisition. (5) The State Government may transfer land owned, acquired or controlled by it to the Regional Development Authority for the purposes of this Act as per laws relating to land revenue. 16 (6) Where any land or any other property of the government agencies are transferred and vested in the Regional Development Authority under this Act, and compensation, if any, for such land and other property is to be paid to such government agencies, the compensation shall be such as may be decided by the State Government. 28. Procurement of land from private parties. - A Regional Development Authority may, on such terms and condit ions as it may decide, procure by purchase, lease, exchange, agreement or otherwise, including by way of land pooling, any land required by the Regional Development Authority for carrying out its functions. 29. Disposal, etc. of certain lands. -Any land vested in, transferred to or placed at the disposal of a Regional Development Authority or procured by it under the provisions of this Act shall be available for disposal by the Regional Development Authority under this Act in accordance with the rules made in this behalf. CHAPTER VII Infrastructure Projects 30. Manner of undertaking infrastructure projects. - A Regional Development Authority may identify or conceptualise any infrastructure project and after carrying out the necessary studies and evaluations, implement such infrastruct
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