The rajasthan urban improvement (amendment and validation) act, 1973

THE RAJASTHAN URBAN IMPROVEMENT (AMENDMENT
AND VALIDATION) ACT, 1973.
(Act No.. 10 of 1973)
[Received the assent of the President on il,c 27th da~ of Ma"h, 1973.]
An Act fHrther to amend .he Rajasthan Urban Improvement
Act 1959 and to validate certain acquisitions made.
Be it enacted by the Rajasthan state Legislature in the Twenty-
fourth year of the Republic of India, as follows:-
1. Short title and commencement.-(1) This Ad mav be called
the Rajasthan Urban Improvement (Amendment and Validation)
Act, 1973.
(2) It shall be deemed to have come into force on the 2nd day of
December, 1972.
2. Amendment of section 2, Rajasthan Ad 35 of 1959.-ln
sub-section (1) of section 2 of the Rajasthan Urban Improvement
Act, 1959, hereinafter referred to as the principal A~t-
(1) after clause (iv), the following new clause (iv-a) shall be
added, namely:-
"(ro-c) "Collector" means the Collector of a district and in-
cludes an Additional Collector appointed to a district as well
as any officer specially appointed by tha state Government
to perform the functions and exercise tb~ powers of a
Collector srrder this Act;" and
(2) in clause (vi), after the words 'in any building or land' t
the words 'or ma:kjng provision for any amenity in, on, over or
under any building or la'lei', shall be inserted.
. "> 3. Amendment of sectior. 52, Rajasthan Act J5 f,)f 1959.-In section
52 of the principal Act -
(1) in sub-section (I) after the words 'representation from the
trust', the words 'or otherwise', shall be inserted;

298 THE RAJAI'IHAN URBAN IMPROVEMENT (AMENDMENT AND
VALIDATION) AOT, 1973.
{2) in sub-section (2) after the words 'not be acquired'. the
owing words shall be added, namely:-
"Such notice shall be individually served upon the owner of the
land and any otker person who in the osiruon of the State
Government may he interested therein. It shall also be
published in tke 'Official Gazette at least 30 days in a6va~ce
and shall be pasted on some conspicuous place III the l.icalitv,
where the land to be acquires is situate. Such pub-
lication and past ing of notice saa!l be deemed as sufficient
and proper service of notice npon the owner of the land
and upon all otaer persons who may be interested therein.";
foIl·
(.'5) for sub-section (3), the following sub-section shall he substi-
tuted, n ame lv:-
"(3) Within the time specified in tae notice, the owner of the
land or any other person interested therein may shew
cause and make objections, why the land should not be
acquired. Every such objection to the notice given under
sub-section (2) shall be made in wfitice to the Officer-on-
Special Duty, or any other officer appointed by the State
Government for the purpose. SlIIch officer shall give the
objector an opportunity of being beard, either in person or
by pleader , aa d after hearing all such objections and after
makiag ssch eR'1lliry, as bi deems necessary, shall ss brn it
the case for the decision of the State Government together
with tie record of the proceedings held by him and a report
containing Mis recommendations on the objections. There-
after, the State Government may pass such orders as It
deems fit. The decision of the State Government thereon
shall be final.";
(4) for sub-section (7), the following sub-section shall be substituted,
namely:-
"(7) After the land has been acquired and its possession taken
the State Government shall, on payment of the amount
of compensation as determined under section 53, the amount
~f interest thereon arid of a!1 other charges incurred by the
State Government ill this connection, transfer it to the Trust
or to any other prr scr ibed authority or dep ar trnent for the
purpose for which it is acquired.";
(5) (liter s.ib-sccrion ~7'), tile following new sub-section (~) sh.i ll
1,1' .rd dcd, 11.J111ely:_
"(8) An v notice issued .ir published by the State Govern meut
under this sect ion may also be issued or pubhshe d f'Jr
an d on bvh a lf of it by any officer subordinate to It, so
author ised, "

'THE RAJASTHA~ URBAN IMPROVEMEWr (AiUENDi\IE)\'l' AKD 299
YALIDA'l'ION) ACT, 1973.
4. Amendment tDf section 53, Rajasthan Acl 35 oj Jv59.- In sub-
section (2) of seclioa .53 of the principal Ad, for the words 'taking over
possession of the laad unser sub-section (,") or su b-seclion (!-:i)" the words
'absolstely vesting of the lan d in tkc State Government under sub-section
(4)', shall be sussl ituted.
5. Validation of certain acquis.tions.i--t l i Notwithstanding any
judgment. decree or order of any court to the c.mtr ar y and anything
contrary in the principal Act, IF) acquisition of land made or purporting
to have been made for tke purpose of improvement or for any other
purposes under tkc pr incp al Act before the 2nd day of December, ]97:2
and no proceedings for acquisition for the said purposes pending at
that time and no action taken or thing done (inc.uding any order, deter mina-
tion. declaration or decision made, agreement entered into, or notification
published) in connection with suck acquisition or the pending proceedings,
shalt be deemed to be' invalid or ever to have become invalid on the ground
thai the proceeding'> of such acquisition or the pending procecd ing s were
initiated, proceeded with or completed under and in accordance with the
previsions contained in t~e Rajasthan Land Acq aisition Act, 19Z)3(Act No.
2.+ of 1953), hereinafter referred to as tke Acquisition Act, 311d not under
and in accordance with tAe principal Act, and such perrdim; pr occeri.ngs
"hail be continued and completed under ana in accordance With the pr ovi-
"ions of the Acquisition Act and shall not be liable La an:" challcns.; an v
where on the ground that tkey were continued and cornp lct.-.' un dvr ,LId ill
accordance with the Acquisition Act and not under and ill d\'.\)r:!:lI1,:e with
the principa I Ad.
(2) ,'otwithsianding any judgment. decree or or dcr ..' ~I~' cr, rt to
the contrary, no acquisition of land made for the purpose of uupr.ivcmcnt
or for any other purp. ses under the principal Act before the 2ll,i (i;l:"f De-
cember, 1972, and no proceedings for acquisition for the' S~l it! :)urj)().'>l''i
pending at that time, and 110 action taken or thing done (includim; ,!!l~' »r dcr.
dctcr mination or decision made, agreement entered into) or 1l,)t.iJI.'.IL. .n nnh-
,lisllC'd) in connection with such acquisition or pendin, pr )C()C,Ld~; ~ltail
be deemed to be invalid or ever to kave become invalid on ih.: g["OUI:,j that
till notice un dcr sub-section (2) of section ;"):2Ilf LI,' !)riILip'1! Act was .s-uc d ,
or objections under sub-section (:n thereof were rccciv.i.i arid hc.i..: anrt Ln-
ding.., thereon were ~i\'l~n by one officer .r .u.lh or.t v. ,;) aul hor i-,.d. :111(1 lit·:,
final order of acquisil i: 11 was made with.iu: lJ';:H,;lf~ au d publi ...hc« b, ;!/!(l-
thcr author.sed officer or authority for anrl all bi-half 'If the Slab: G) '\'1"11-
mr n] and such penriir.,~ proceedings shall be continued an d CO!il~!;~)l' I .IS
above and shall not be liable to any challenge anywher ; on th.- gl'ounLl that
the notice under sub-section (2) of section ;")2 of the pr iucipal .\ct was .ssuc d
or objections under sub-section (:3)thereof were rcceiv. d and hcar d and Jllid.
ings thereon were given by one officer or authority, ::.u aulhorrscd, an d till'
final order of acquisition was made without hearing and puolished l.v
another officer or authority for and 011 behalf of the State Government. .
6_ Repeal.-The Rajasthan Urban Improvement (Amendment ai.d
Validation) Ordinance, 1972 (Ordinance NL).7 of 1972) is hercb n-pc.r.c d ,

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