The Rajasthan Urban Improvement Act, 1959

S.1 Short title and extent

(1) This Act may be called the Rajasthan Urban Improvement Act, 1959.

(2) It extends to the whole of the State of Rajasthan.

S.2 Interpretation

(1) In this Act, unless there is something repugnant in the subject or context,-

(i) "amenity" includes read, water supply, street-lighting, drainage, sewerage, public works and such other convenience as the State Government may, by notification in the Official Gazette, specify to be normally an amenity for all or any of the purposes of this Act;

(ii) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purpose, whether in actual use or not;

(iii) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations undertaken in connection with the construction of buildings;

(iv) "Chairman" means the Chairman of a Trust;

(iv-a) "Collector" means the Collector of a district and includes an Additional Collector appointed to

S.3 Power of State Government to order preparation of Master plan

(1) The State Government may, by order, direct that in respect of and for any urban area in the State specified in the order, a civil survey shall be carried out and a master plan shall be prepared, by such officer or authority as the State Government may appoint for the purpose,

(2) For the purpose of advising the officer or authority appointed under sub-section (1) on the preparation of the master plan, the State Government may constitute an advisory council consisting of a Chairman and such number of other members as the State Government may deem fit.

S.4 Contents of Master plan

The master plan shall-

(a) define the various zones into which the urban area for which the plan has been prepared may be divided for the purposes of its improvement and indicate the manner in which the land in each zone is proposed to be used, and

(b) serve as basic pattern of frame work within which the improvement schemes of the various zones may be prepared.

S.5 Procedure to be followed

(1) Before preparing any master plan officially the officer or authority appointed to prepare it shall publish a draft of the master plan by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from every person with respect to the draft master plan before such date as may be specified in the notice.

(2) Such officer or authority shall also give reasonable opportunity to every local authority within whose local limits any land touched by the master plan is situated to make any representations with respect to the master plan.

(3) After considering all objections, suggestions and representations that may have been received, such officer or authority shall finally prepare the master plan.

(4) Provisions may be made by rules made in this behalf with respect to the form and contents of a master plan and wi

S.6 Submission of Master plan to Government

(1) Every master plan shall, as soon as may be after its preparation be submitted to the State Government for approval in the prescribed manner.

(2) The State Government may direct the officer or authority appointed for the preparation of a master plan to furnish such information as it may require for the purpose of approving any master plan submitted to it under this section.

(3) The State Government may either approve the master plan without modifications or with such modifications as it may consider necessary or reject it with directions for the preparation of a fresh master plan.

S.7 Date of operation of Master plan

Immediately after a master plan has been approved by the State Government, it shall publish in the prescribed manner a notice stating that the master plan has been approved and naming a place where a copy of the same may be inspected during office hours: and upon the date of the first publication of the aforesaid notice the master plan shall come into operation.

S.8 Establishment and incorporation of Trusts

(1) The State Government may, by notification in the official Gazette, establish, for the purpose of carrying out improvement of any urban area in the State, whether a master plan in respect thereof has or has not been prepared, a Board of Trustees to be called the Improvement Trust of the place where its principal office is situated, hereinafter called 'the Trust'.

(2) Every such Trust shall be a body corporate by the aforesaid name having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.

S.9 Constitution of Trust

(1) The Trust shall consist of-

(a) a Chairman,

(b) two members of the Municipal Board, if any, having authority in the urban area, x x x

(bb) x x x

(c) such number of other persons, as may be determined by the State Government for each Trust, of whom one shall be a person belonging to scheduled tribe or scheduled caste, if no person of such caste or tribe is represented in the Trust by virtue of clause (a) or clause (b). x x x

(2) The Chairman and the persons referred to in clause (c) of sub-section (1) x x x shall be appointed by the State Government by notification.

(3) The members of the Municipal Board referred in clause (b) of sub-section (1) shall be elected by the said Board.

(4) If the said Board does not, by such date as may be fixed by the State Government, elect two of its members to be Trustees, the State Government shall appoint t

S.10 Resignation of Trustee

Any Trustee may at any time resign his office, provided that his resignation shall not take effect until accepted by the State Government.

S.11 Term of office of chairman

The term of office of the Chairman shall ordinarily be three years.

S.12 Term of office of other Trustees

Subject to the foregoing provisions, the term of office of every Trustee elected under clause (b) of sub-section (1) of section 9 shall be three years or until he ceases to be a member of the Municipal Board, whichever period is less, and of every Trustee appointed under clause (c) of the said sub-section shall be three years, or in the case of such Trustee being in the service of the State Government, until he ceases to hold the office by virtue of which he was appointed Trustee, whichever period is less.

S.13 Commencement of term of office of first Trustees

(1) The term of office of the first Trustees shall commence on such date as shall be notified in this behalf by the State Government.

(2) A person ceasing to be a Trustee by reason of the expiry of his term of office shall, if otherwise qualified, be eligible for re-appointment or re-election.

S.14 Remuneration of Trustees

(1) The Chairman may be paid from out of the trust fund such salary or allowances as may from time to time be proposed by the Trust and approved by the State Government.

(2) Other Trustees may be paid from out of the trust fund such allowances, if any, as may be proposed by the Trust and approved by the State Government.

14A. Termination of appointment and re-constitution. - Notwithstanding anything contained in section 11, 12 or 15, the State Government may, if it thinks fit in public interest so to do, terminate the appointment of Chairman or any Trustee of a Trust or re-constitute the same at any time.

S.15 Removal of Trustees

(1) The State Government may remove from the Trust any Trustee, who-

(a) refuses to act, or becomes incapable of acting or absents himself for more than three consecutive months from the meetings of the Trust or of any committee of which he is a member and is unable to explain such absence to the satisfaction of the Trust, or

(b) is an undischarged insolvent or has compounded with his creditors, or

(c) has been convicted by a criminal court of an offence involving moral turpitude, such conviction not having sub-sequently been set aside, or

(d) has knowingly acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the Trust, or

(e) has knowingly acted as a Trustee in a matter other than a matter referred to in clause (c) of sub-section (2

S.16 Disabilities of Trustees removed under section 15

(1) A Trustee removed under clause (a) or clause (c) of sub-section (1) of section 15, or under sub-section (3) of that section, shall not be eligible for further appointment or election for a period of three years from the date of his removal except when removed for continued absence.

(2) A Trustee removed under clause (b) of sub-section (1) of section 15 shall not be so eligible until he has obtained his discharge of has paid his creditors in full as the case may be.

(3) The Trustee removed under any other provision of section 15 shall not be so eligible until he is declared to be no longer ineligible, and he may be so declared by an order of the State Government.

S.17 Filling of casual vacancies

(1) When the place of a Trustee appointed by the State Government becomes vacant by his resignation, removal, death or otherwise, the State Government shall appoint a person to fill the vacancy.

(2) When the place of a Trustee elected under clause (b) of subsection (1) of section 9 becomes vacant by his resignation, removal, death or otherwise the vacancy shall be filled within two months of the existence of such vacancy being notified soon after the occurrence thereof to the Municipal Board by the Trust in the manner provided by sub-section (3) of the said section; provided that if the said Board fails to elect its members to fill the vacancy within the period prescribed above, the provisions of sub-section (4) of section 9 shall apply.

(3) The term of office of a Trustee appointed or elected under this section shall be the remainder of the term of office of the Trustee in whose place he has been elected or appointed;

Provide

S.18 Conduct of business by Trust

The Trust shall meet as and when necessary and its business shall be conducted in accordance with regulations made under section 75.

S.19 Temporary association of members with the Trust for particular purposes

(1) The Trust may associate with itself, in such manner and for such period as may be prescribed by regulation made under section 75, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.

(2) A person associated with itself by the Trust under sub- section (1) for any purpose, shall have a right to take part in the discussions of the Trust relative to the purpose, but shall not have a right to vote at a meeting of the Trust and shall not be a member of the Trust for any other purpose.

S.20 Constitution of committees

(1) The Trust may from time to time appoint committees consisting of a Trustee or Trustees and such other person of any of the following classes as it may think fit. namely:-

(i) persons associated with the Trust under section 19:

(ii) other persons whose assistance or advice the Trust may desire as members of a committee:

Provided that no committee shall consist of less than three persons.

(2) The Trustee appointed to a committee or where two or more than two Trustees are so appointed such one of them as may be nominated by the Trust shall be the Chairman of such committee.

S.21 Functions of committees

(1) The Trust may-

(a) refer to a committee appointed under section 20, for inquiry and report, any matter relating to any of the purposes of this Act, and

(b) delegate to such committee by specific resolution and subject to any regulation made under this Act any of the functions or duties of the Trust.

(2) Every such committee shall conform to any instructions from time to time given to it by the Trust.

21A. Delegation of powers, duties and functions of the Trust. - Any powers, duties and functions, which may be exercised, or performed by or on behalf of the Trust, may, by a specific resolution of the Trust and subject to such restrictions, limitations and conditions as may be prescribed by rules or regulations, be delegated to the Chairman or the Secretary or any other officer of the Trust, without prejudice to any powers conferred on any committee by or under section 21 of this Act.

S.22 Conduct of business of committees

A committee appointed under section 20 shall meet as and when necessary and conduct its business in accordance with regulations made under section 75.

S.23 Trustees and associated members of Trust or committee not to take part in proceedings in which they are personally interested

(1) A Trustee who-

(a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (2) of section 15, in respect of any matter, or

(b) has acted professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take any other part in any proceedings of the Trust or any committee relating to such matter.

(2) If any Trustee or any person associated with the Trust under section 19 or any other member of a committee appointed under this Act has, directly or indirectly, any beneficial interest in any land situated in an area comprised in a scheme framed under this Act. or in any area in which it is proposed to acquire land for any of the purposes of this Act-

(i) he shall, before taking part in any proceeding at a meeting of the Trust or any committee relating t

S.24 Power to fix strength, salaries etc. of staff

Subject to any general or special direction issued by the State Government every Trust shall, from time to time propose for the sanction of the State Government the strength of officers and servants to be appointed, setting forth the conditions of service and emoluments of each officer or servant. The State Government may sanction such proposal with or without amendment and no appointment shall be made otherwise than in accordance with such sanction:

Provided that the Trust may, subject as aforesaid, direct that one person shall be appointed to discharge the duties of any two or more offices.

24A. Power of transfer. - The officers and employees of a Trust may be transferred by the State Government from one Trust to another or to the Jaipur Development Authority in accordance with the rules made under section 74.

S.25 Power of appointment etc.

Subject to the provisions of section 24 and to any rules for the time being in force, the power of appointing and granting leave to officers and servants of the Trust and censuring, reducing, suspending or dismissing them for misconduct and dispensing with their services for any reason other than misconduct, shall be vested-

(a) in the case of officers and servants drawing such monthly salary as may be specified by the State Government for each Trust, in the Chairman, and

(b) in other cases, in the Trust:

Provided that, in the case of Government servants whose services are lent to the Trust, the power of granting leave only will so vest and the other powers specified in this section will be exercisable by the State Government or by an appropriate authority of the State Government upon a complaint made by the Trust in that behalf or otherwise:

Provided further that officers may be appointed to administrati

S.26 Control by Chairman

The Chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the Trust and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances.

S.27 Delegation of Chairman's functions

(1) The Chairman may, by general or special order in writing, delegate to any officer of the Trust any of his powers, duties or functions under this Act or under the rules made thereunder except the power to preside over the meetings of the Trust.

(2) The exercise or discharge by any officer of any powers, duties or functions delegated under sub-section (I) shall be subject to such conditions and limitations, if any, may be specified in the said order and also to control and revision by the Chairman.

S.28 Supply of information and documents to the State Government

(1) The Chairman shall forward to the State Government a copy of the minutes of the proceedings of each meeting of the Trust within ten days from the date on which the minutes of the proceedings of such meeting were signed as prescribed.

(2) If the State Government so directs in any case, the Chairman shall forward to it a copy of all papers, which were laid before the Trust for consideration at any meeting.

(3) The State Government may require the Chairman to furnish it with-

(a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Trust, or

(b) a report on any such matter, or

(4) The Chairman shall comply with every such requisition without unreasonable delay.

S.29 Schemes-matters to be provided therein

(1) The Trust shall, on the orders of the State Government or on its own initiative or on a representation made by the Municipal Board and subject to availability of Financial resources, frame schemes for the improvement of the urban area for which the Trust is constituted.

(2) Such schemes may provide for all or any of the following matters, namely:-

(a) the acquisition of any land or other property necessary for, or effected by, the execution of the scheme:

(b) the re-laying out of any land comprised in the scheme;

(d) the formation, construction and alteration of streets;

(e) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;

(f) the demolition of obstructive buildings or portions of buildings:

(g) the draining, water supply

S.30 Matters to be considered when framing schemes

When framing scheme in respect of any area, regard shall be had to-

(a) the nature and the conditions of such area and of neighbouring areas as a whole;

(b) the several directions in which its expansion appears likely to take place;

(d) such other matters as may be prescribed.

S.31 Schemes to conform to Master plan

(1) If for and in respect of the urban area for which the Trust is constituted a master plan has been prepared and approved and is in operation, every scheme framed by the Trust in accordance with the provisions of this Chapter shall conform to such master plan and shall not be framed so as to affect on alteration in the different zones defined by the master plan.

S.32 Previous notification of area for which scheme is framed, duration and effect of such notification

(1) Whenever the Trust decides to frame a scheme for any urban area, the State Government may, at the request of the Trust, issue a notification specifying such area and declaring that the Trust has decided to frame a scheme for such area.

(2) A notification under sub-section (1) shall remain in force for six months from the publication thereof: Provided that the State Government may. for sufficient reasons, extend the said period by a further period not exceeding six months.

(2A) Where in the opinion of the State Government, it is necessary so to do in public interest, it may, by order published in the Official Gazette, extend the period of the notification issued under sub-section (1) for such further period as it thinks fit, notwithstanding that the period of the notification or the extended period thereof under the provisions of sub-section

(2) has expired. An order under this section may be made so as to be retrospective

S.33 Preparation, publication and transmission of notice as to schemes and supply of documents to applicants

(1) When any scheme has been framed, the Trust shall prepare a notice stating-

(a) the fact that the scheme has been framed,

(b) the boundaries of the area comprised in the scheme, and

(c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen at reasonable hours.

(2) The Trust shall-

(a) publish the said notice in such manner as may be prescribed, inviting objections and suggestions from all persons with respect to the draft scheme before such date as may be specified in the notice, and

(b) send a copy of the said notice to the Chairman of the Municipal Board.

(3) The Chairman shall also cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed