Rajasthan act 35 of 1959 : The Rajasthan Urban Improvement Act, 1959

Date: 23 Jul 1959

Department

Department of Urban Development and Housing Department

Enforcement Date

25 Dec 2010

PDF

GOVERNMENT OF RAJASTHAN LAW ANDJUDICIAL (4) DEPART,

iva

THE RAJASTHAN URBAN IMPROVEMENT i

ACT, 1959 ( Act No. 35 of 1959 )

Published by Authority

JAIPUR:

GoveRNMENT CENTRAL PRESS.

Price: 0.40 nP.

GOVERNMENT OF RAJASTHAN LAW AND JUDICIAL (A) DEPARTME ”1 THE RAJAS‘THAN URBAN IMPROVEMENT ACT. 1959 i ( Act No. 35 of 1959 ) Published by Authority J AIPUR : GOVERNMENT CENTRAL PRESS. Price: 0.40 NP.

_ — =

, F

THE RAJASTHAN URBAN IMPROVE (AorNo, 35 OF 19,

59) First published in the Rajastha 7 "dated the 3rd tet Hittrao

MENT ACT, 1959 -

August, 1969} rdinary, Par t. J V-A,

C 0 NTR NTS

CHAPTER ]

PRELIMINARY Sections.

1. Short title and extent . 2. Interpretation . f vs . .

CHAPTER II oMasrer Prays,

3. Power of State - ,GovernMastent han mene ito a ‘Preparation of 4, Contents of Master,plan “3 i 75. Procedure ‘to be’ followed .. . -_ 6. Submission’ of Master, plan. to, Goy,rm t . 77. Date of operation of Mi rH =aster plan |

CHAPTER II CONSTITUTION oF TRUSTS

8. Establishment and incorporation of Trusts 9. Constitution of Trust.. .

10. Resignation ofTriistee . 11. Term of office of Chairman .. 12, Term of office of other Trustees . 13. Commencement of term of office offirst Trustees 14. Remuneration of Trustees .. 15. Removal of Trustees .

Disabilities of ‘Trustees removed under section 15 17. Filling of casualvacancies.

CHAPTER IV

PROCEEDINGS OF THE TRUST AND COMMITTEES

18. Conduct of business by Trust . 19. Temporary association of members with the ‘trust for 5 particular pur poses we -0. Constitution of committees .. 21. Functions of committees... oe on Conduct. of business of committees ..

Trustees and associated members of Trust orcommittes

not to take part in proceedingsin which ‘they a

personally interested,, .. é. oe an

t o m e

W e G o 6 3 G O

I D

O N

O N T

n o w

.u—- i i‘. l p f i L I. EMEm ' “ (Ao'r ' Am’-1-959 N0. 35 or i959) “than Gazette 'E' . [First published inithe Raj xt . deted'lh'e's'rd Hakim: mggwdimryquJVﬁ, ] CONTENTS CHAPTER. I PRELIMINARY Sections. 1. Short title and extent . . 2. Interpretation . . . . . . ' . QHABTgiR 11 - '.MASTER PLANS. ' 3. Power of State—Gown) e t“. r ' Master pl‘an , m. .n ', 159 Rider-Brenarstloncf 4. Contents oﬂMa‘sterplan . . I . . 5, Procedure 'to be’ ‘fouoted .. .. " . 6. Submission 'of Master, lan.,to .Gov rnment 7. Date of operation 6f tilts-er plén‘ "Q‘ ' CHAPTER 11.1 Consn'ru'rion 0F TRUSTS 8. Establishment and incorporation of Trusts 9. Constitution of Trust. . 10. Resignation of Trustee . 11. Term of office of Chairman . . 12. Term of office of other Trustees . . . 13. Commencement of term of office of first Trustees 14. Remuneration of Trustees . . ' 15- Removal of Trustees . . . . . 16. Disabilities of .Trustees removed under section 15 17. Filling of casual vacancies. CHAPTER IV PROCEEDINGS OF THE TRUST AND COMMITTEES g Cond'xct of business by Trust Temporary association of members with the trust for a particular purposes . . 43» Constitution of committees . . - 21- Functions of committees . . . . 22- Conduct of business of committees . . .’ . ' t. - 23. Trustees and associated members of Trust orcomml‘t ee ﬂat to take part in proceedings in which they are Personally interested . . . . . - . . ' ' NH 0 $090503“ qdmmmoxmmhﬁ mmdd Q

(ii)

Sections.

24. Power to fix strength, salarios etc, of ataff ,. 4 25. -Power of appointment ete. .. :¢ . a 26. Control by Chairman me = . 97, Delegation of Chairman’s funotions +4 i 28. Supply of information and documents to tho State

Government ws .

CHAPTER V

FRramiInG oF SOHEMES

29. Schemes: matters to be provided therein ,. 30. Matters to be considered when framing schemes

_ 31. Schemes to conform to Master plan .. es es 32. Previous notification of area for which scheme jg

framed ; Duration and effect of such Notification 33. Preparation, publication and transmission of notico as

to schemes and supply of documents to applicants .. 34. Transmission to Trust of representation by Municipal

Boardas to scheme es ws oe ep 35. Furnishing of copies of extracts from tho assessment

-book of a local body .. es oe oe 36. Abandonment of scheme or application to Government

-tosanction it ee ee ee

37. Power to sanction, reject or return schemo .. 33. Notification of sanction of scheme ,. 39. Period for execution of a scheme .. 40. Alteration of scheme after sanction .. 41. Combination of schemes

CHAPTER VI

Powers anp Durizs or raz TRUST WHERE A SOHEME HAS BEEN SANCTIONED

42. Brepiteta meant sreurboses of scheme, of building or land vested in Municipal Board.. i43. Nazul lands Pe . . 4 1,

44. Transfer of private street or square to Trust for ae purposes of scheme ve . . +s

45. Provision of drain or water work to replace anothersituated on land vested in the Trust under section 423 or section 43 or section 44 . . . 46. Lk Trust to turn or close Street or square vested 47. Powers under the Municipal T Leas sat. -. nlcipal Laws vested in’ the Trust ..- 48. : . nS49, PonstorotSitios ete. of Municipal Board to Trust

e cost make surveys or contribute towards their . 50, 7

vee in and cipal Board of ‘street laid out otope . tt

under scheme pen Spaces provided by the ‘Trust e

oe ’

lf lf

(ii) Sections. 24. 25. 26. 27. ‘28. :29. 30. . 31. 32. 33. 34. 36. 37. 38. 39. 40. 46. 47. - 48. .. 49. I: 50. Power to fix strength,- salaries etc. of staff , ; . . Power of appointment etc. ‘.. ._. -. COntrol by Chairman . .- . . . . . .. Delegation of Chairman’s functions , , supply of information and documents to lho State Government . . . . . . CHAPTER v anmu or Sonmms Sphemes ; matters to he provided therein . . Matters to be considered when framing schemes Schemes to conform lo Master plan . . .. ,, Previous notification of area for which sohcmo is framed ; Duration and effect of such Notification Preparation, publication and transmission of notice as to schemes and supply of documents to applicants .. Transmission to Trust of representation by Municipal Boardas to scheme .. .. .. .. Furnishing of copies of extracts from the assessment .book of a local body . . . . . . . . Abandonment of scheme or application to Government #0 sanction it . . . . Power to sanction, reject or return scheme Notification of sanction of scheme Period for execution of a scheme . . Alteration of scheme after sanction . . Combination of schemes CHAPTER VI Powaas AND Dorms on THE TRUST WHERE A SCHEME ms BEEN smorronan Transfer to Trust, for purposes of scheme, of building or land vested in Municipal Board. . Nazul lands . . . . . - - Transfer of private street or square to Trust for purposes of scheme . . rovision of drain or water Work to replace another s1tuated on land vested in the Trust under section 4‘2 P or section 43 or section 44 . . . . .. oiileritﬁf Trust to turn or close street or square vested goiter: under tile Municipal 'fraws vested in'tlie.’1‘rust Potiils‘ert of duties etc. of Municipal Board to Trust 033th 0 make SurVeys or contribute towards their Veilﬂrgedin agéunicipal BOP-I'd 0f .s'treet laid out or 0 en 3 . 71 l? under scheme P paces provrded by the lrus n 00 ' 10 ll ll l2 12 14 14

| Gili) CHAPTER VII

ACQDISITION AND Disposau or LaNp

Sections. Page.

Power to purchase or lease by agreement ae .. 1s

* Compulsory acquisition of land ‘ a . 1g

‘ Compensation for compulsory acquisition of land . 19

Appeal to the District Judge aga‘nst decision of the

Collector | oe as wet ee . 2]

Disputes as to apportionment of compensation we 21

Appeals tothe High Court .. . ¢ . 9}

" Payment of compensation or deposit of the same in

court’ .- im ia 4, ee _ >]

Investment of the amount of compens ation deposite |

in court us i i os 2

References of disputes as to sufficiency o r otherwiseof

compensation payable by the T rust wnder other

provisions” oe w ae * ‘ 22

| Disposal of Jand by the Trust 4 we ys 22

CHAPTER VIII

Finance

23 Improvement Fund “4 oe

Power of Trust to levy betterment charge s «+ oe o4

Assessment of betterment charge -- oe “3 94

Settlement of betterment charge by arbitrators 95

Payment ofbetterment charge __ —:* oe - OB

. Custody, investment and applica tion of Trust Fund e 36

. Budgetof the Trust e's ee _ o 28

. Accounts and audit .- ‘ .° - 26 - Annual Report en we 7: ‘<< . 26

Pension and provident funds “ o 26

Failure to repay loans or other dues or

CHAPTER IX

GengRAL PROVISIONS AS TO ImPROVEME

Restrictions on improvement in certain areas e % 27

. Application for permission :

CHAPTER X

Ruins anp REGULSTION Z

‘

Power of Government to make ne ns * - 7

Power of the Trust. to make eons and regulations 5. ‘inti e i ru °

e tinting and sale of copies © cancel regulations mad 29

Power of Government to under sestion 75 ..

l' vii-iii) CHéPTEB- VII Aconrsmron AND Disposm. or LAND Scolion" Page. Power to purchase or lease by agreement. . . ' .. H . Compulsory acquisition of land , .. .. It: ' Compensation for compulsory acquisition of land , , w Appeal to the District Judge against decision Of the Collector ‘ . . ' .. . .. ., ._ 21 Disputes as to apportlonment of compensation .. 2| Appeals to the High Court . . . . , _ _ _ 2i ' Payment of compensation or deposit of the same in court .. .. .. .. .. 1'! Investment of the amount Of compensation (1012051101 in Court' .. . .. . .. ’2 References of disputes as to sufficiency or otherwh‘e of compensation payable by the Trust 1 nder other provisions' . . . . . . . .3 . Disposal of -land by the Trust -2 CHAPTER VIII FINANCE 23 Improvement Fund . . . . - - 23 Power of Trust to levy betterment charges . . . . 24 ASSessment of betterment charge . . . - - - - 24 Settlement of betterment charge by arbitrators ' ' 25 Payment of betterment charge ' . . . . . - - 25 . Custody, investment and application of Trust Fund . . 25 . Budget of the Trust - - " ' ' ' _ . 25 . Accounts and audit . - ' ' ' ’ . _ 26 - Annual Report . ' . . - . ' ' . . 25 Pension and provident funds - - ° - . . 26 Failure to repay loans or other dues - - CHAPTER IX ' NT GENERAL PROVISIONS AS TO IMI’ROVEHE 25 Restrictions on improvement in certain areas 27 - Application for permissmn - CHAPTER X RULES AND REGULATION 2- 1 Power of Government to meke rules. " 29 Power of the Trust to make reguletlotfre ulations .- 29 Printing and sale of copies 0f rules an g ' ns made L cancel reguletlo .. 29 Power 01‘ Government to under section 75 . .

“(iy)

PROCEDURE AND PENALTIES

Sections.

78. 79. g0. 81. 82.

83. 84.

89. 90. 91.

92.

94.

95. -96.

97. 98.

99. 100.

‘101. TEO2. 103.

105.

406. e.

~ .

86. 97. 88.

Stamping signature on notices orb ills

Public notice how to te 'made k nown ..

Service of ‘notices, ete. ve

Disobedience to Actor to notice os . .

Powers to Trust’to execute works.on failure to co mply

with notice 2 . Mee ae ad

Liability of occupierto pay in)default ofowner .

Right of occupier to execute works in default of

owner.. CUS oe - .

Procedure upon opposition to execution by occupier .

Recovery of cost of work by the occupier

Relief to agents and trustees . e .

Application of provisions relating to recovery of municipal claims es oh ee ..

Penalty for removing fence etc. in street

Power to prevent or demolish building ce

Penalty for non-compliance with notice under section 90 a ee .. . .

Penalty for obstructing contractor or removing mark .

GHAPTER XII SUPPLEMENTAL Provisions

Trustees, etc. deemed public servants ns . Contribution by Trust ‘towards ‘leave >allowance and

pensions ‘of Government servants Suthority for prosecutions .. owers to Chairman as to institution - a. eto. of legal proceedings and obtaining legal advi

Indemnity to Trust etc. rae Notice of suit against Trust ete. Mode of proof of Trust récords estrictignonthe summoni ot 30 tc

Vproduce ocuments age ten ne enyants v0

alidation of acts and eedi . Fower of entry) 2! Proceedings °° eneral power of Trust to pav ‘camo, . o

2 a iCompensation to be paid »Offenders fa dam ge

ie ee oe wri© dissolution of Trust. ard c. ts BOR Meas cr ’ and i

peeland: Habilities to thé*Munioi ad an, Savings P °

”(M Paces-Dunn AND PENALms Sections. 78. 79. 80. 81. 82. 83. 84. 85 89. 90. 91. 92. 94. L95. :96. 97. 98. 99. 100. - ~101 . “.102. 103. 105. $96. tr ihl J . . -. 86'. 37. 88. Stamping signature on notices or bills Public notice how to is 'made known , , Service of notices, etc. . . Disobedience to Act or to notice . . , , . _ Powers to Trust to execute works«.on« failure to comply with notice . . . . ' . . ' ' . . Liability of occupier'to pay invdefault of. owner . ' Right of occupier to execute works in default of owner.. .. _ .. .. .. .. Procedure upon opposition to execution by occupier . Recovery of cost of work by the occupier Relief to agents and trustees . . . _ . Application of provisions relating to recovery of municipal claims . . . . . . , Penalty for removing fence etc. in street Power to prevent or idempl-ish ,bgilding . , Penalty for non-compliance with notice under section 90 . . . . , _ . . . . Penalty for obstructing contractor or removing mark , , meme .xu SUPPLEMENTAL“ Pnovrsrows Tr'13t9?9i,et°a€1€9m°d public servants . . . . Contribution by Trust towards ileave allowance and penslons ‘ of Government servants Authority for prosecutions . . , , Powers to Chairman as to institution . . . . proceedings and obtaining legal advice etc. Of legal Indemnlty to Trust etc. ' Notice of suit against _ st etc. ﬁode of proof of Trust records. estric ' n n the sum ' . I . U V F3°diil§ebcuinents 'momng Of Trust servants to a} ation of acts and . ' ' . ' grower of entry A proceedings ' ' eneral po‘Wer of Trust to . . , ' .2115 . ' ' " Compensation to be paid It? ﬁfﬁd hon dam ' . Ul 1:Eausted by them e are for age imaedissol ' H " " " assets and lilzlliglriltiegf t§?t. and. transfer of itﬂ Repeal and Bearings b 6 Municipal Board ‘53!- % 93:82.8 38g? 553! 'ﬁ

(First published in the Rajasthan Rdated 3-8-50) ajpatra, Part 1V-A,

LAW AND JUDICIAL ‘4? DEPARTMENT

NOTIFICATION

Jaipur, July 31, 1959.

No. F. 4 (33) LJ/A/57.—The following Act of the Rajasthan State Legislature received the assent of the President on the 24th day of July, 1959, and is published for general information:—

THE RAJASTHAN: URBAN IMPROVEMENT ACT, 1959

( Act No. 35 of 1959 )

[ Received the assent of the President on the 24th day of July, 1959 }.

An Act

for the improvement ofurban areas in Rajasthan.

WueErexas it isexpedient to make provision for the improvement and expansion of urban areas in, the State of Rajasthan;

Bz it enacted by the Rajasthan State Legislature in the Tenth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

nc Short title, and, extent—(1) This “Act may be

jasthan. Urban Improvement Act, 1959 f Rajasthan.

(2) It extends to the whole of the Sta te o

called the

[First publix/wd in. the Remit/Ian R dated 3-8-59], a] 1mm“ Part ’V-A, LA W AND JUDICIAL ‘A’ DEPARTMENT ' NOTIFICATION Jaipur," July 31, 1959. No. F. 4 (33) LJ [11/57 .-—The following Act of the Rajasthan State Legislature received the assent of the President on the 24th day of July, 1959, and is published for general information:— THE RAJASTHAN» URBAN IMPROVEMENT ACT, 1959 (Act No. 35 of 1959 ) [Received the assent of the President on the 24th day of July, 1959 ]. An Act for the improeement of urban areas in Rag'asthan. ' WHEREAS ibis expedient to make provision for the improvement and ”pension of urban areas in the State of Rajasthan; BE it enacted by the Rajasthan .State Legislature in the Tenth Year Of the Republic of India. as follows:—— ‘ CHAPTER I PRELIMINARY Iii-1' Shortntt'tleq- and, extent—(1) This . 1113th Urban Improvement Act. 1959 (2) It extends to the Whole‘of the State 0 1 . Act may be called the f Rejaethen.

“

Rte UHLATA TIENT, STE 3, A848 amy .

a —(1)In this Act, unless thore is something re

it ®, Interpretation.oe

in the subject or context,—

(i) “amenity” includes road, water-supply, strect-lighting, dra;

sewerage, publio works and such other convenience ag the 5 é

Government may, by notification in the offi cial Gazette, Bpecify tat

normally an amenity for all or any of the purposes of thisAct;

(ii) “building” includes any structur@r erection or part of a structy

or erection which is intended to be usedfor residential, -indngty;a

commercial or other purpose, whether in a ctual use or not; )

to be

(iit) “building operations” includes rebuilding operatio ns, st,

tural alterations of or additions to buildings © and other operation,

undertaken in connection with the constru ction of buildings;

(iv) “Chairman” means the Chairman o f a Trust;

(v) “onginocring operations” includes the formation or layin g

out of means of access toa road or the laying out of means of

water-supply, electricity or drainage;

(vi) “improvement” with its grammatical variations means the

carrying out of building, engineering, mining or other operations in

on, over or under land or the making of any materia l change inany

building or land and includes re-improvement;

(vii) “master plan” means the master plan prepared and approved

for any urban area in accordance with the provisions of Chapter IT;

(viii) “Trustee” means a member of a Trust, including its Chairman,

appointed or clected under and in accordance with the provisions

of seetion 9;

(iz) the expression ‘land’ and the expression ‘person interested’

have the meanings respectively assigned to them in section 3 of the

Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953);

‘ . j . (x) “urban area” means the urban area notified under section

3 or, as the case may be, under section 8;

(at) “zone” means any one of the divisions in which a n urban area

may be divided for the purposes of improvement und er this Act;

(xii) all references to anything done, required, authorised,

permitted, forbidden or punishable, or to any power vest

under this Act, shall include anything done, required, authorise d,

permitted, forbidden or punishable, or any power vested—

(a) by any provision of this Act; or

(b) by any rule or scheme made under the provisions of t his

Act; or

he time(c) under any provision of the Municipal law for owe!

poinginforce which the Trust has by virtue of this Act P

‘ .0 iv. trauma rim-rm. 3mm 3, is“ “In V (r) \. _( I) In this Act, unless there is something 1-0 It " .liileiyn'rlulioii. do in the subject or context,— (i') “maenity” includes road, water-supply, street-lighting, drai sewerage, public works and such other convenience m, the 18131 e, Govm'ninent may. by notification in the official Gazette, Specify ttate normally an amenity for all or any of the purposes of this Act; 0 be (ii) “building" includes any structur‘n‘ erection or part ofa “Note or erection which is intended to be used forresidential, industria) commercial or other purpose, whether lll actual use or not; . (iii) “building operations" includes. rebuilding operations, at“, turn] alterations of or additions to buildings . and other operation: undertaken in connection with the construction of buildings; (is) “Chairman” means the Chairman of a Trust; (9) “engineering operations” includes the formation or laying out of means of access to a road or thclaying out of means of water-supply, electricity or drainage; (vi) “improvement” with its grammatical variations means the carrying out of building, engineering, mining or other operations in on, over or under land or the making of any material change in any building or land and includes re-improvement; (vii) “master plan” means the master plan prepared and approved for any urban area in accordance with the provisions of Chapter II; (viii) “Trustee” means a member of a Trust, including its Chairman, appointed or elected under and in accordance with the provisions of section 9; (ix) the expression ‘land’ and the expression ‘person interested’ have the meanings respectively assigned to them in section 3 of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953); (as) “urban area” means the urban area notified under section , . .5 or, as the case may be, under section 8; (xi) "an9" means any one of the divisions in which an urban area may be dIVldCd for the purposes of improvement under this Act; (11'?) all references to anything done, required, authorised. permitted, forbidden or punishable, or to any power vest under this Act, shall include anything done, required, authorised. permitted, forbidden or punishable, or any power vested— (a) by any provision of this Act; or (b) by any rule or scheme made under the provisions of 1311“ Act; or ' be time (c) under any provision of the Municipal law for ‘3 owel' gggg‘cgi’rw WhiCh the Trust has by virtue of this Act P

wrt ¥ («) THAT UIF- T7, Tey 3, gaye

9) All words and expressions not defined r used theorem, the same meanings as are ag al law for tho time being in force; "

BRR

in this Act h orove

* ave,

Munioip igned to them by the

Provided that the expression ‘“Munici

this Act shall be deemed to include a Muni

Council or any other Municipal authority ,

CHAPTER II

Mastrr Prians

pal Board” wherever i ) uscd

cipal Corporation, a Muricipal

3, Power of State Governme nt lo order preparati

Tho State Government may, by ord ernotified in the offteiel ae aen.

—(1)

that in respeob of and for any urban ar ea in the State specified in th, direct

fication, a civic survey shall be carried out, and a master plan hallbe prepared, by such officer or authority as the State Governmen

tinay Abate

for the purpose .

(2) For the purpose of advising the officer or authorit, i. ) a under sub-section (1) on the preparation of the master lin” tho State Government may constitute an advisory council consisting of a chairman

and such number of other members as the State Government may deem fit.

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 prepar ed may be divided for

the purposes ofits

improvement and indicate the manner in which the land in each

zone is proposed to be us ed, and

(b) servoas a basic pattern of frame-w ork within which the

improvement schemes of the var ious zones may be prepared.

5. Procedure’ to be foliowed.—(1) Before preparing any master

plan officially the officer or authority a ppointed to prepare it shall publish

a draft of the master plan by making a copy thereof available for inspection

snd 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 b efore such Cate as may be

specified in the notice.

(2) Such officer or authority s hall also g

to every local authority within whose local limits

master plan is situated to make any representat master plan.

(3) After considering all o bjections, suggestions and

representations

that may have been noo oivall such officer or

authority shall finally p repare

the masterplan.

to th (4) Provision m ay be made by

to be form and contents o f a master plat

0 th followed an d any other matt

er In conn

ive reasonable opportunity

any land touched by the

ion with respect to tke

rules made in this b ehalf with respect

an and with respe ct to the procedur

ection with the p reparation

6. Submission of master p lan {0 Government—(1), B

Xery, meee

Plan Shall, as soon as may be af ter its preparation, be submitt

Over

vernment for approval in theprescribed manner,

til“ it (Hi) “(101'me Tim-I’m, 3mm 3, "‘1‘ 2) All wants and expressions not defined 1. used therein. the same meanings as are as "1 law for the tune being in force- 8 22% in this Act b wlwl‘v‘f“ i d ave, Mlllllml' gne to them by the Provided that the expression “Munici this Act shall be deemed to include a Muni Council or any other Municipal authority. CHAPTER II Mssrnn PLANS pal Board” wherever ' . ‘ used eipal Corporation, a Muricipltll 3. Power of Stale Government Io order re Ma . The State Govol‘lmwnt may, by order notififd if: thgbyffizisaggezttand—‘(n “mt in respect. of and for any urban area in the State specified in tﬁ' Irect ficaticn, a CIVIC survey shall be carried out, and a master lan sh I1110 t1. prcpﬂmd. by such officer or authority as the State Governmentalﬂy upstart: for the purpose. (2) For the purpose of advising the officer or authorit a ' ' . 0 under sub-scotlon (1) on the preparation of the master plan,y {£5 £3: Government may constitute an advmory council consisting of a chairman and such number of other members as the State Government may deem ﬁt 4.. Contents of master plum—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) servo asa basic pattern of frame-work within which the improvement schemes of the various zones may be prepared. 5. Procedure” to be foltowedr—U) Before preparing any 11188198? 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 BPccificd in the notice. (2) Such officer or authority shall also g to every local authority within Whose local hnuts master plan is situated to make any representat master plan_ (3) After considerin all objections, suggestions and representations that may have been receive%1, such officer or authority shall fmally prepare the master plan. ' to t} (4) Provision may be made by to bl“ fOl‘m and contents of a master pl . “I o to fouOch and any other matter 1n conn 8 master PlguL ive reasonable opportunity any land touched by the ion with respect to the rules made in this behalf with respect an and with respect to the procedure cation with the preparation 1 6. Submission of master plan to Governmentr'm.tFEefg,thl:gigiz P on shall, as soon as may be after its preparation, be subnn e 0 .. “111mm“; for approval in the prescrlbed 1118111163 3

A a .

qraeATA MIATA, TET B, CSAS Me | RRo oo

- (2) The State Government may direct the officer or AUthepor plan to furnish such ; it appointed for the preparation of a master pla ilo) as it may Teq

uire for the purpose of approving any master plan bubmiy

‘+ under this scction. Le a

a The State Government may cither ap prove | the Master Blan

. (3) lifications or with s uch modifications us it may

con

ey orreject +t with directions for the preparation of a fregh maa

necessar

“ 1. Date of operation of master plan.—Immediately alter alan has been approved by the State Government, it shall publish plan rescribed manner a notice stating that th

e master plan has been approved p ; the same may be ing: lace where a copy. of f y be inspe ant mae toute: and upon the dateof the first’ publication of the

aforesnid notice tho master plan shall come into operation,

CHAPTER IIL

ConsTItuTION OF Trusts

, ler in th,

8, Establishment and incorporation of Trusts.— (1) The State Goyer.

ment may, by notification in the official Gazette, establish, for the Purpose

ofcarrying out improvementof any urban areain the State, whether a master

planin respect thereof has or has not been prepared, a boardof trus.

tees 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,

9. Constitution of Trust.—(1) The Trust shall consiet of—

(a) a Chairman,

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

section (1) shall be appointed by the State Government by notification.

‘

two and not exceeding four in

(3) The members of the Muni} 1B Tre i b) ofsub-section (1) shall be clectec Pecc eared ta in clause dl1 by the said Board. (4) Ifthesa

Stato Government, i, Board does not, by such date as may be fixed by ieelect’ two of it . . : eStateGovernment shal] 4ppuint two me 1 ,nembers to be trustecs, thand every person so ann} ; if hePpolnted s > deeme fhad been duly elected by the Municipal Board. anda wate said Board shall have been superseded ot dissolved

force, it shall be represent sspaunicipal law for the time pies of . h bvthe oe. Lust b appoin said law +cae the be, by the officer orauthority appointed unde! e during the per; 186 the functions and exercise th of the BoPeriod of its Supersession or dissolution powers 0

i w—q-v-vw-I- ‘ mm rim-w, mm 3. 2"“ m 2 H0 \ __ (liroct. Ll", lifffmtr Dr 1“ , , Government "my . '} . - 1”W (2) “ll \Slllllparation of anmstur Pl?“ L(:]fl“:r)ll:lilt:l'mll "mmnatttn’ appointed fOhuilfvelfor the purpose of “l’l’mv "8 l y I 0‘" "Mite; as it may “3 . - . etion. . to It undor “Migrate Government. may "Lu!“ 'itlllirov«¢,:l|(= master DIN) (3) The”k fl "8 or with such motllfieationsvim Ir may Wm” without mOdr‘dlzgfllt with directions for the prepara ion 0 a fresh "lute: necessary or ' Plan' 7 Dale of operation of master Pkm,_.hnme(liately after a 1 1 been approved by the State Government, itshall publiuh p an ms . . ' ~r plan has been a i - . , ,m that tllt "WW“ ,ll’foved prescribed manner a notice stat 3 of the same may be m . a COW . . . We and. namgfifgicétlpiglcs1:310:31)“ “wimp-ref the first publication of the uring ‘ ' aforesaid notice the master plan shall come into operation. CHAPTER ill CONSTITUTION or Tuners , J "I the ’ en! and incorporation of ’I'ruals.- (l) .The State 007m_ ment friayéﬁgbllga’geation in the official Gazette. establish, {10:}th 1”?pr f carrying outimprovemcutof any urban areaiu the State, w e or a mum, olaniu respect thereof has or has not been prepared, a board of trus. Eees to be called the Improvement Trust of the place where Its principal office is situated. hereinafter called ‘the lrust . (2) Every such Trust shall he a body corporate by the aforesaid name having perpetual succession and a common seal With power to acquue. hold and dispose of property both mOVable and immovable and to contract and shell by the said name sue and be sued. 9. Consli’ution of Trust—(1) The Trust shall COllSlrb of— (a) a Chairman, (b) two members of the Municipal Board, if any, having authority in the urban area. and (0) other persons not less than number. ’ (2) The Chairman and the section (1) shall be appointed by ti (3) The members of the sub-section (1) shall be ele (4) If the sa State Government, Government shall a \ two and not exceeding four in persons referred toin clause (5’) °,f Bub. 1c State GOVernment by notification. Municipal Board referred to in clause lb) of eted by the said Board. id Board does not, by such date as may be fixed by “l: elect two of its members to be trustees, the Sta tees appointed a - - ‘ f he (I by the Municipal Board. (5) If the said Board shall 11 d' 1ved in accordance with the .- - 5W0 been superseded 01 189° ' force. it shall be ,- prm 18mm of the M unlcipal law for the time being of epreseuted on the Tr int ‘0 net b ersons 3 P0 0 Iddla' as the case may be. by the officer y p P er th . . d ' w to ischarge the function 01'. authority appomted an 130‘ rd during the period of its superseszidnldo:xdfsibslhl’lgl. powers Of the had been duly electe 4

¥() TIMER TTA, ae a, Wye

6) Of the person referred to in clauge (c) of sub-section (1) atleast1 be @ person in the service of the State Go ver.ghal

one nment.

The names Of all persons anya;

shall be notified by the StateGovernmentin theo te to the Trust

; . icial Gazette.

10. Resignation of Trustee—Any Trustee m nis office, provided that his resignation shal] ‘6cepted by the State Government.

11. Term of office of Chairman.—The t d

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

12. Lerm of office of other Trustees—Subject to i i sions, the term of office of every Trustee elscta anderceeane Prov section (1) of section 9 shall be three years or until he ceases to be a menb : of the Municipal Board, whichever period is less, andof every Trustee appointed under clause (c) ofthe said sub-section shall be three years or in the case of such Trustee being in the service of the StateGovernment

until he ceases to hold the office by virtue of which he was appointed Trustee, whichever period is less.

ay at any time resi not take effect until

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-appointmen t or

re-election. .

14. Remuneration of Trustees.—(1) The Chairman shall r eceive 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 f rom out of the trust fund such

allowances, if any, as may be proposed b y the Trust and approved by

the State Government.

15. Removal of Trustees.—(1) The State Gover nment may rem

ftom the Trust any Trustee, who—

ove

ple of acting or a bsents

from the meetings

member and is

f the Trust, oF

_ (a) refuses to act, or becomes incapa

himself for more th an three consecutive

months

of the Trust or of any c ommittee of which he is

unable to explain such ab sence to the satisfactio

n ©

ith his

(b) is an undisc harged insolven

t or has comp ounded wi

creditors, or involving

8et

moral turpitude, such conviction

not having subseq

aside, or sol hold without the

(@) has knowingly acquired or contin ied ‘Girectly or indirectly

Permission in writing of the State Governmen,

g (as) mama Ira-w, wee 3. RR! 6) of the person referred to in clause (c) of sub-section (1) at] east 11,0 a person in the service of the State Go ver shill Ono nment. The names of all persons a . shall be notified by the State Govcmuglﬁlligeihgroalected to the Trust . . icial Gazette. 10. Reszgnatwn of Trustee—Any Trustee In his office, prowded that 111s resignation Shall accepted by the State Government, 11. Term of office of Chairman—Th t - 51ml] ordinarily be three years, 9 erm of office of the Chairman 12' Term of office of other Trustees.—Sub'ect to ' ’ sions. the term of Office of every Trustee electJed undetiiIZIfaﬁsigltligolf'rovb. sectiOIl (1) of section 9 shall be three years or until he ceases to be a me Si]; - of the Mumclpal Board, Whlchevcr period is less, and of every Tuitgr appointed under clause (c) of .the said sub-section shall be three years 0: in the case of such Trustee being in the service of the State Governmeiit until he ceases to hold the office by virtue of which he was appointed Trustee. whichever period is less. ay at any time resi not take effect um?! 13. Commencement of term of office of first Trustees.—(l) 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. ‘ l4. Remuneration of Trustees.——(l) The Chairman shall receive out of the trust fund such salary or allowances as may from time to time be Pr0posed 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. 15- Removal of Trustees.——(l) The State Government may rem fPom the Trust any Trustee, Who—— 0V6 ble of acting or absents from the meetmgs member and is f the Trust, or . (a) refuses to act, or becomes incapa lllmself for more than three consecutive months of the Trust or of any committee of Wlllcll 'he 18 _ a unable to explain such absence to the satisfaction 0 'th his (1’) is an undischarged insolvent or has compounded m creditors, or '1volving (c) has been convicted by a criminal court Ofb 1:; 05:33:; lice], set moral turpitude, such conviction not havmg 811 q Hide) or . 7.. 'd to hold without thle (d) has know'n I acquired or continue _ ectl . or indirect 3' Permission in writiilggdl' the State gavemmen ’ d" 3 .5'

RRR WACATA WHITH, WTA 2 , 24S amy (r)

or by a partner, any share or interest in any contract or ¢ with, by oron behalf of the Trust, or “mMploymen,

(e) has knowingly acted as a Trustee in a matter other th matter referred to in clause (c) of sub-section (2) in which 5 an 4

partner had, directly or indirectly, a personal interest, or jnit

he was professionally interested on behalf of a client, Principal or ¢rie

person, or et

(f) has acted in contravention of section 23, or

(g) being a legal practitioner, in any suit or other proceedin acts or appears on behalf of any other person against the Trust, or acts or appears on behalf of any other person in any criminal proceedin instituted by or on behalf of the Trust. g

(2) A person shall not be deemed for the purpose of sub-section (1) to acquire, or continue to have, any share or interest in a contract or employ. ment by reason only of his—

(a) having a share or interest in any lease, sale or purchase of land or building, or in any agreement for the same provided that such share or interest was acquired before he became a Trustee, or

(5) having a share or interest in a newspaper in which an advertisement relating to the affairs of the Trust is inserted, or

(d) having a share or intercst in the occasional gale of an article, in which he regularly trades, to the Trust to a value not exceeding, in any one year, such amount as the Trust, with the sanction of the State Government, may fix in this behalf.

(3) The State Government may remove from the Trust a Trustee who in its opinion has so flagrantly abused in any manner his position a Trustee as to render his continuance as a Trustee detrimental to the public interest.

_ (4) When the State Government propcses to take acticn under the foregoing provisions of this section an opportunity of explanaticn shall be given to the Trustee concerned, and, when such action is taken, the reas therefor shall be placed on record and communicated to him in writing:

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, under sub-section (3) of that section, shall not be cligible fcr further appoint ment or election for a period of threo years from the date of his

removal except when removed for continued absence.

(2) A Trustee removed under clause (b) ofsub-section (1) ofsection 5 shall not be so eligible until he has obtained his disch has paid bis creditors in full, as the case may be.

charge or has p

2?? Harem trans, 3mm 3, Wis. Wm ‘¢ (*l or b a artncr, any share or interest in any contract or - with): by? or on behalf of the Trust, or Lml’loﬁmm (c) has knowingly acted as a Trustee in a matter other th matter referred to in clause (0) of sub-section (2) in Which h .an a partner had, directly or indirectly, a personal interest, or in filo-r he was professionally interested on behalf of a client, PrlNCipal or 0th“) person, or er (f) has acted in contravention of section 23, or (9) being a legal practitioner, in any suit or other proceedin acts or appears on behalf of any other person against the Trust, or m or appears on behalf of any other person in any criminal proceedin instituted by or on behalf of the Trust. 3 (2) A person shall not be deemed for the purpose of sub-section (1) to acquire, or continue to have, any sh are or interest in a. contract or employ. ment by reason only of his— (a) having a share or interest in any lease, sale or purchase of land or building, or in any agreement for the same provided that such share or interest was acquired before he became a Trustee, or (b) having a share or interest in a newspaper in which an advertisement relating to the affairs of the Trust is inserted, or (c) holding a debenture or otherwise being interestedinaloan‘ raised by or on behalf of the Trust, or (d) having a share or interest in the occasional sale of an article, in which he regularly trades, to theTrust to a value not exceeding. in any one year, such amount as the Trust, With the sanction of the State Government, may fix in this behalf. (3) The State Government may remove from the Trust a Trustee who in its opinion has so flagrantly abused in any manner his position 88 a Trustee as to render his continuance as a Trustee detrimental to the public interest. ' . (4) When the State Government- propeses to take action under the foregomg pI‘OVlSlOIlB of this section an opportunity of explanation shall be given to the Trustee concerned, and, vshen such action is taken, the reasons therefor shall be placed on record and communicated to him in writing- 16. Disabilities of Trustees rcmoeed under section 15,—(1) A Trustee removed under clause (a) 01' clause (0) of sub-section (1) of section 15. "r under sub-section (3) of that section, shall not be eligible fr 1‘ further apPOl“,' ment 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 dj h 1 s aid hi5 creditors in full, as the case may be. so arge or m p 6 i l l

UHEITA TATA, MT 2, 2A4R 223

(3) A Trustee removed under any other provision of section 15 shall& oligible until he is declared to be no | ineligiotbe Jared by an order of the State Goveftonend pelle see. so det

Filling of casual vacancies.—(1) When th py the State Government becomes Teetha a Trustee

moval, death or otherwise, the State Government shall appoj -Pye

il the vacancy. en rae,

(2) When the place of a Trustee elected under vetion (1) of section beccmes vacant by his nitguattion eleven e th stherwise the vacancy shall be filled, within two months of the enttien such vacancy being notified soon after the occurrence thereof tothe

Municipal Board by the Trust in the manner provided by sub-section (3) the said section; provided that if the said Board fails to elect its embers to fillthe vacancy within the period prescribed above, the svisions of sub-section (4) of section 9 shall apply.

(3) The term ofoffice of a Trustee appointed or elected under this

ection shall be the remainder of the term of office of the Trustee in whose

lace he has becnelected or appointed:

Provided that no person elected or appointed under sub-sec tion (2)

hall continue to be a Trustee after he has ceased to be a mem ber cf the

Municipal Board

CHAPTER IV

PROCEEDINGS OF THE TRUST AND COMMITTEES

18. Conduct of business by Trust.—The Trus t shall meet as and when

ecessary and its business shall be conducted in accordance with regula-

ions made under section 75.

19. Temporary association of members w ith the trust for particular

—(1) The Trust may associate with itself, in such mamner

and

or such period as may be prescribed by regulation made under section

dvice it may desire in ca rrying out any

h itself by the Trust under sub-section

in the discussior:s of th e

but shall not have a right to vote at a

meet-

fthe Trust for any o ther puTpese-

° >

ust relative to the purpose,

“€ofthe Trust and shall not be a member 0

20. Constitution of committees.—(1) The

Trust may from tim e to

i ; appoint—2 consisting of a Trust ee OF Trusteesap one

*T person of any of the following classes as it

may think fit, namety:

the Trust unde r section 19;

() persons ass ociated with

tance or advic e the Trust ma

y desire

a (i) other persons whose assis

Members of a committee :

Provided that no com mittee shall consist

of less than three per Bone.

(imam nil-Wat, MRI 3, Wu» 2?: 7 (3) A Trustee removed under an oth ~ . . . t bt‘ so “liglhle until he 18 (lcclal'ed to {e Ilsligﬁgzll‘sionlf{.390th 15 shall a. so declared by an order of the State Goverllmelxlilf lglble,and he may , Filling of casual vacancies.— (1) Wh pointt‘d by the State Government becomegnvgzlaﬁltblétce hof a 'Tn;stee , . oval, death or othern'ise, the State Government sh 11y 18' reﬁlgnation, fill the vacancy. a appoint a person 2) Who“ the place 0f 8: Trustee . ,tion ((1) of section 9 becomes vacant ;;Chi:(i'e§iing:ti001allm (b) 0f 5 .b- ‘ otherwise the vacancy shall be filled, Within twogmonthls rimﬁval’ . death 7‘ such vacancy being notified soon after the occurrenceotli e Blestence unjcipal Board by the Trust in the manner Provided b s. t:ereo _to the the said section; prov1ded that if the said Board fy .1“ '860tlon '(3) mbers to fill the yacaney within the period rescriﬁii to elect Its visions of sub-section (4) of section 9 shall apply? 1 e above, the (3) The term of office of a Trustee a o' t d ' » ction shall be the remainder of the term of his: if gheeii‘afdgtiegliiievrvlihls _ ce he has been elected or appointed: 086 Provided that no person elected or a oint ' ' ed under b- 2 all continue to be a Trustee after he has eggsed to be a ggmhiitlgl} ting ‘ unicipal Board CHAPTER IV PROCEEDINGS OF THE TRUST AND COMMITTEES 18. Conduct of tusiness by Trust—The Trust shall meet as and when ‘ ssary and 1ts busmess shall be conducted in accordance with regula- 'ns made under section 75. 19. T emporary association of members with the trust for particular --—(1) The Trust may associate with itself, in such manner and {-r “1011 period as may be prescribed by regulation made under section dvice it may desire in carrying out- any (2) A person associated with itself by the Trust under subsection ' the discussions of the but shall not have a right to vote at a. meet- f the Trust for any other purpose. V 7 ‘ 'lot relative to the purPOSe’ ' the Trust and shall not be a member 0 7 ”e20. Constitution of Committees.—-—(l) The Trust may from time to “ ”appoint Committees consisting of a Trustee or Trustees and such pcrson of 3113' 0f the following classes as it may think ﬁt, namely:— the Trust under section 19; (i) Persons associated With tance or advice the Trust may desire (ii) Other ' persons whose mm a: members of a committee : Proﬁded that no committee shall consist of less than three per Son“- 1']

. by t two ‘Trustees aro 50 Terman of such committee.

Trust shall bo the Chai

° aa) . ay—

01, Functions of comm itices.-—(1) The Tru

st may

i yointed under section 20, for;

, ymmmittee ap}

(a) refer to a o . , quip nd report, any matter relating to any of the purposes of this Act, taa 3

: TET Is WASegy AIHEATT TATA, F Sy

‘iter committee or where two or m;Moe tT aD yointer loa . > be nom} Te th(2) Tho Trustee rated such one of them as may minated ‘

(b) delogate to such committee by specific resoluti on ang

22. Conduct of business of committees.—A oqmmnibyeeappointed unde

section 20 shall meet asand when necessary an 7 i usiness jn

accordance with regulations made under section 75.

23. Trustees and associated members of Trust or committee not to 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 orany committee relating to such matter,

(2) If any Trustee or any person associated with the Trust undersection 19, or any otherr member of a committee appointed under this Acthas, directly or indirectly, any beneficial interest in any land situated i anarea comprised in a scheme framed under this Act, orin any area in whiit is proposed to acquire land for any of the purposes of this Act—

(*) he shall, before the Trust or any taking part in any proceeding at a meetilg of presiding at the

committee relating meeting of the natu

(i) he shall not vote at any“pon any resolution or questi (11%) he shall not t

to such area, inform the perso re of such interest, meeting of the Trust or any committe?

on relating to such land, and of the Trust, or ake any other part in any proceeding at a meeti”ése > an co } . . ¢ ponPresiding at the meetingcomin tite v0 auch area if the Peit ineXpedient that he should do™

Subject g to any regulation made under this Act any of the functions a

duties of the Trust. |

(2) Every such committee shall conform to an y instructiong from

time to time given to it by the Trust.

p‘0 time, r . of staff.— Trust shall, £°of officers a eropose for the Sanction of ag Ste; aor. ant the strendty © aPPointed, Setting forth the conditionast

ion such : or servant. GovernY *«nt shallbe de otkenel With or Without amendment nad no apoan in accordance With such sanctio™ 8 |

- by t We vl‘rnstoesare so "lmqrman of such conunlttcc. 'l‘rust shall he the Ohm . ’ ‘ St ma — "1 Functions of conmamccs.-—(l) lhc Tru y (0) refer to a committee appointed under section 20’ f0” - “qua nd report any matter relating to any of the P‘uPOSCS Of this Act, and it ’3 - are 3: is“ “‘4' tram-1 rm W. n w ‘ ' nnittec or where two 01. m i v x x a i ionitu. to a con ’ be u . Ore th (2) '1he lrustCL “11661811011 one of them as may 0“,,“th a: 'y (b) delegate to such committee by speciﬁc resolution and 02 Conduct of business of conunittees.——A (committe: apgigintgd 11an section 20 shall meet as and when necessary an gosm no 1 llﬂlness m accordance with regulations made under sectlon . 23. Tmslees and associated members of Trust or committee not to part in proceedings in which they are personally interested—(1) A TPUStee who— (a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as 18 described 1n 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 ill .311 area comprised in a scheme framed imder this Act, or in any area in whi it is proposed to acquire land for any of the Purposes of this Act—— (i) he shall, before t- 1e Trust or any taking part in any proceeding at a. meeting 0f presiding at the committee relating meeting of the natu (ii) he shall not vote at any upon any resolution or questi to such area, inform the Person re of such interest, meeting of the Trust or any committee 011 relating to such land, and 01‘9121l1r121tm1hmt take any other part in any proceeding at a meeting presidjn {it"tfl): any 09mm1ttee relating to such area if the Person 8 e meeting conﬁde“ it i“expedient that he should do 80' .Bubiect ‘ to my regulation made under tlns Act any of the functions 0: duties of the Trust. . ' (“) Every such committee shall conform to any Instructions from time to time given to it by the Trust. ’ Salaries at“ of Shim—Every Trust shall» from h ' h of ofﬁcers and SerVants t-o ESeZLZI'CthIl of the State Government the strenﬁtof c - , a BB , Ium t Ppomted, Settm forth the condltlo t may Sanction en s Of “Ch 0 g as sud] Pro 08 1 ' oer.“ Servant. The State Gov8 int‘ he Blade otferwai “1th 01‘ ynthout amendment and no spPo an in accordance with such sancucn. 8 z

a ¥ (8) SRETET TINH, BRT, RAKE — al

op, Power of appointment ele.—BSubjoot Lo the proyia}

nd to Any rules for the time being i n féree, the power ar of seotion 24

H anitillg Jeave LO officers a“ servants of the Trust and te appointing and

sponding or dismissing rem for misconduct and disponn reducing, ioe for any reason other than misconduct, shall be cated with their

(a) in the case of officers and servants dr lary as may be specified by the Stat

in ile Chairman, and at e Govern

awing such monthly ment for each Trust,

(b) in othor cases, in tho Trust :;

Provided that, in the case of Government sery

are lent to the Trust, the power of granting leave only will eecon e ae

sther powers specificd in this section willbe exercisable by the St e

Government or by an appropriate authority of the State Government

ate

a complaint made by the Trust in that behalf or otherwiso: upon

Provided further that the administrative and technical offi tho ‘Trust shall be appointed by the State Government from amongatit a

corresponding officers encadred in tho Rajasthan Municipal Service and the strongth of that Service shali be increased accordingly.

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. . ,

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 mectings of the Trust.

(2) The exercise or discharge by any officer of any powers, duties or functions delegated under sub-section (1) shall be subject to such conditions and limitations, if any, as may be specified in the said order and also to control and revision by the Chairman.

28. Supply of information and documents to the St ate Government.—(1)

6 Chairman shall forward to the State Government a copy of the minut es

of the proceedings of cach meeting of the Trust within ten days from the

date on which the minutes of the proceedings of su ch mecting were signed

88 prescribed,

iy case, the Chairman2 : irects in at(2) If the State Government so directs 11 Y 050,Oe trust for

raul forward to it a copy of all papers w hich were lai

Nsideration at any meeting.

furnish it with (3) The State Government may require the Chairman to : (a) any return,

statement, estima te, statistics 7

oe oa la

“garding any matter under the control o

f the Trust,

r— «m v (“i mew “M" “W a. / f , ( 0r. I’mrr?‘ n ammm rucnl eta—subject to th ‘ . ' .1 .”i "my rulvH for the tune hemg in force, t'l'utiuliisii‘imliinﬂ ofseetjon 24 ui‘hutinﬂ leaw 1“. ““53“?“ and “(‘l‘vaut“ of the Trust and '0 “ifPUIntmg and ' r dwnnssmg them for miseoml (Ollﬂllrmg, reduein , ,Nuling 0 | , “0t and (l‘ . - - “ﬂier“ for u“). nuilHUIl other than rnmeomluet, “1m“ lﬂptnsmg With their so I f be vested— (a) in t in case 0_ oﬂloers and servant salary as may be speciﬁed by the State 0030:}: in the Chairman, and I 1 it“ NR awing such monthly ment for each Trust, (1;) in other cases, in the Trust : Provided that, in the caﬂe of GDVUI'mncnt BerVa, _ nro lent to the Trust, the 1’0,“'“r oi‘ 8‘1““!ng lcavr: only willidvirlgst? :gdwtcl? otherpowum speciﬁed in this. section will be exercisable by the St, be Government or by an appropriate authority of the State Government 11 a e a complaint made by the Trust m that behalf or otherwise: P on Provided further that the administrative and tethnieal ft" the vl‘rust shall be appomted by the State GOVernmont {1.0m “1130;826:366: corresponding Officers oneadred in tho ltajasthnn Municipal Service and the strength of that Serv1ee shall be increased accordingly. 26. Control by Chairman—The Chairman shall exercise supervision and cont-rel over the acts and proceedings of all oﬂicers 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. _ ’ 27. Delegation of Chairman‘s functions—(l) 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 exoept the power to preside over the meetings of the Trust. (2) The exercise or discharge by any oﬁicer of any powers, duties or functions delegated under sub-section (1) shall be subject to such conditions and limitations, if any, as may be specified in the said order and also to control androvision by the Chairman. 28' Supply 0f information and documents to the State Government—(1) 9 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 Slgned 3‘ Prescribed, 1y case, the Chairman 2 . - - ( ) If the State Government so directs m aid before the Trust for :31in f°rW&rd to it a copy of all papers which were lai nsideration at any meeting. . furnish it With (3) The State GOVernment may require the Chairman to ' (a) any return, Statement, estimate, statistics UT Utléeigiidormamn “Banding any matter under the control of the runs , 9

csteata WATT, ATTA J, REY any —y

RRq

(b) a report on any such matter, or

(4) The Chairman shall comply with every such requisition with unreasonable delay.

out

CHAPTER V

FRAMING OF SOHEMES

99. Schemes : matters to be provided therein.—(1) The Tr

shall, on the orders of the State Government or on its own initiatin

or on a representation made by the Municipal Board and subject toavail ability 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 matte, namely :— '

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

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

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

(e) the closure or demolition of dwellings or portions of dwelling unfit for human habitation3

(f) the demolition ofobstructive buildings or portions of buildings;

(9) the draining, water supply and lighting of streets }

(h) the raising of any land which the Trust may deem expedient to raise; . .

(1) the forming of open spaces for the benefit of the atecomprised in the scheme or any adjoining area;

(j) all or any of the sanitary ar . he ares

comprised in the acheme ; ary alrang ements required for the

(k) the cstablishment and gor . hetu astruct s and ot places of public requirement or oonvenionee =—

(!) the limitation of areas with; : . ofRs “4, . within which special trades * peeizios may or may not be carried on or whieh are reservedexclusively for residential or other purposes ;’

(m) the division of _ a

for residential purposes > land into plots for the erection of build Py

warm Ira-as, 3mm 3. Was Wm \M (c) a copy of any document in the charge of the Chairman 2“ (b) a report on any such matter, or (4) The Chairman shall comply with every such requisition With unreasonable delay. out CHAPTER V FRAMING or Scnnmns 29. Schemes : matters to be provided thereinrl—(l) The Trim shall, on the orders of the State Government or on Its own initiame or on a representation made by the Municipal Board and subject to Mail. ability 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 eﬁ'ected by, the execution of the scheme; ’ (b) the re-laying out of any land comprised in the scheme ; (c) the construction and re-construction of buildings; (at) 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; (9) the draining, water supply and lighting of streets 3 t (h) the raising of any land Which the Trust may deem expedient o raise; . « (i) theformjng of open spaces for the beneﬁt of the area comprised 111 the scheme or any adjoining area; (.5) all or any of the sanitar 1- . r he ares comprised in the sch eme ; y a rangements reqmred fo t (k) the establishment and constructi d Other . . on of markets an places of public requirement or convenience 3 . (l) the limitation 1; industries may or may = exclusively for residen - - . . or of areas Within Whlch special trades ed 1}“ be carried on or which are r639“ tlal 01- other purposes; (m) the division of as for residential purposes; 1y land into plots for the erection of building. 4 10

tion of buildi ' ‘ott(n) the erec ) “ings on any site, the restrictions a conditions 11 regard - the open spaces to be maintained in or aftaguch buildings, tho height and character of such buildings and thearchitectural features of the elevation or frontage thereof ;

(0) the amenitics to be provided in relation to any site or builde ing or buildings on such site whether before or after the erootionofsuch puildings and the person or authority by whom or at wh such amenities are to be provided?

y whose expense . ’

p) the construction of buildings for the accommodation (including - shops) of the poor and the working classes or of any other class of the inhabitants of the area comprised in the scheme including such classes as are likely to be displaced by the execution of the scheme ;

(q) the provision of facilities for communications ;

(r) the reclamation or reservation of land for gardens, afforestation and the provision of fuel and grass supply and other needs of the population ;

(s) the planting and preservation of treca and plantations;

(t) the sale, letting or exchange of any property or land comprised in the scheme ; and

(w) any other matter for which in the opinion of the State Government it is expedient to make provision with a view to the improvement of the area comprised in the scheme or the general efficieney thereof.

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; .

the area; and

(d) such other matters as may be presc ribed.

_If for and in respect of the

nd a master plan has been

. noe Schemes to conform to master plan. ; Than area for which the Trust is constitute the

Prepared and approved and is in operation, every aa seem to wat in accordance with the provisions of this ae en alteration in

oe master plan and shall not be, framed so as to alteo edifferent zones defined by the master plan.

. . -—Duration 382. Previous notification of area for which scheme 8 ramet fo frame @

and effect of such notification.—(1) Whenever the Trust ¢ ab the request of

ome for any urban area, the StateGovernment and ‘declaring that thee St, issue a notification specifying such area an :

ust has decided to frame a scheme for such area.

i if" ‘0' (‘5) “WWW m4”: "m a: Q‘RE “U (n) ““3 erection of buildings on any site, the rest ‘ ' conditions 311 rcgcird ltotho 01’011 spaces to be maintained iiicdi'ogfodii‘dl such buildings. $10 might; and character of such buildings and th architectural features of the elevation or frontage thereof ' e ‘ I (0) the. amenities to be provided in relation to an ' ' ing or buildings on such site whether before or after the ei-resblttifhzroﬁilildh buildings and the person or authorit b who - , such amenities are to be Providedy .Y m 01 at whose expense 0 3 p) the construction of buildings for the accommodation includin - shopB) of the poor and the working classes or of any other class of thg inhabitants of the area comprised in the schemeincluding such classes as are likely to be displaced by the execution of the scheme ; (q) the provision of facilities for communications ; . (r) the reclamation or reservation of land for gardens, aﬂ'orestation and the. prov1sion of fuel and grass supply and other needs of the population ; (s) the planting and preservation of trees and plantations; (t) the sale, letting or exchange of any property or land comprised in the scheme ; and (u) any other matter for which in the opinion of the State Government it is expedient to make provision with a view to the improvement of the area comprised in the scheme or the general eﬂiciency thereof. 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; ‘ (0) the likelihood of schemes being framed for‘other parts of the area; and (d) such other matters as may be prescribed. ——If for and in respect of the d a master plan has been 31. Schemes to conform to master plan. urban area for which the Trust is constitute 1‘ ed b the prepared and approved and is in operation, every scheme 11:31? 111me to ust in accordance with the provisions of this Chapters“ lcoration in ”“011 masterplan and shall not be framed so as to aﬁ‘ect all ate the different zones deﬁned by the master plan. (la—Duration 32' Previous ‘ ‘ hick scheme is frame not eat on 0 area or w . , , f mm a :71}? eﬂect of such notiﬁfatidn.—{l) Whenever the Trust deiuiliitroeqht‘ﬁt of ti: eme for 8Any urban area, the State Government maniac-mg that the e St’ issue a notiﬁcation specifying such area an . ‘ mat has decided to frame a scheme for 511011 “Tea“ ‘11

‘4

RRZ TUMEATT THT, WNT 3, WAue am y ()

~2) A notification under sub-section (1) shall remain in for

months from the publication thereof : ceforsix

Provided that the State Government may, for sufficient te | extend tho said period by a further period not exceeding six month, —™

(3) If the sanction of a schemo is notified in accordance with sect;

38 in respect of such area before the expiry of the notification under the

seotion, such notification shall continue in force until the scheme jg carted

out.

(4) During the period that a notification under this section remo: in force in respect of any urban area, no building shall be

erected,re-erecten

alterod or added within that areca without the written sanction of the Tat

33. Preparation, publication and transmission of notice as to schemp and supply of documents to applicants.—(1) When any scheme hag 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 jg 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) ofsub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed by regulations.

34. Transmission to Trust of representation by Municipal Board as bo scheme.—The Chairman of any Municipal Board to whom & copy of a notice has been sent under clause (b) of sub-section (2) of section 33 shall within a period of sixty days from the receipt of the said copy forward to the Trust any representation which the Municipal Board may think fit to make with regard to the scheme.

35, Furnishing of copies of extracts from the assessment book of 4 local body.—The Chairman of the Municipal Board shall furnish the Chairm® ef the Trust, at his request, with a copy of, or extracts from, the assess™ list on payment of such fees as may be prescribed.

36. Abandonment of scheme or application to Government sanolion tt.—(1) After the expiry of the date referred to in clause (a) ofst section (2) of section 33 and of the period presoribed by section 34 in reaper!

‘ﬁ no name! Ira-ca, mm 3, me “It: s (c) .4 0) A notification under sub-section (1) shall remain in for months from the publication thereof: (‘0 for six Provided that the State Government may, for sufﬁcient re extend the said period by a further period not exceeding six months, “5. (3) If the sanction of a scheme is notiﬁed in accordance with Sect- 38 in respect of such area before the expiry of the notiﬁcation under thin section, such notiﬁcation shall continue in force initll the scheme is Genie]; out. (ii) During ”to period that a notification under this section Tema‘ in force in respect of any urban area, no building-shall be erected, Te-ereetuﬁj‘ altered or added wi thin that area without the written sanction of the T7118: ' 33. Preparation, publication and trmzsmissimz of notice as to “lifting 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 (6) 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 (a) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed by regulations. 34. Transmission to Trust of representation by Municipal Board as to scheme.—The Chairman of any Miuiicipal Board to whom 3 copy of: a notice has been sent under claIISe (b) of sub-section (2) of section 33 shall Within a period of sixty days from the receipt of the said COPE: forward to the Trust any representation which the Municipal Board may think ﬁt to make with regard to the scheme. 35' Furnishing of copies of extracts from the assessment book Of a low! body.—The Chairman of the Municipal Board shall furnish the chain“; 'f the Trust, at his request, With a. copy of, or extracts from, the 3539551116“ list on payment of such fees as may be prescribed. 36. Abandonment of scheme or application to Govermmmt to “"9“” it‘ll.) After the expiry of the date referr d to in clause (a) OfSu section (2) of section 33 and of the period prescribedeby section 34 in respect 12

x (#) STATA TATA, OTE 8, fayea watete ne the Trust shal) consider any + as .

of was received thereunder and alteraffording iteeestions and EP objections, suggestions, or representationsareasonable opp making veil neard, the Trust may either abandon the scheme or a Pportunity

0 be vernment for sanction of the scheme with such mc te. y tot le gta the Trust may consider Necessary, noa) ications, if

(2) very application submitted under

panied by— sub-sect ion (1) shall be

gccoDy

(a) a description of, and full particulars re. lati and complete plans and estimates of the cost of cece ie neeexecuting the scheme;

(b) «statement of the reasons forvel any modificati ishane a2 originally framed: y lication made in the (c) a statement of objections, if any, received undersection33;

(d) any representation received under section 34; and

(e) a statement of the arrangements made or proposed by the Trust for the re-housing of persons likely to be displaced by the execution of the scheme, for whose re-housing provision is required.

(3) When any application has been submitted to the State Government under sub-section (1) the Trust shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in a local newspaper.

37. Power to sanction, reject or return scheme—(l) The State Government may sanction, or may refuse to sanction or may return for reconsideration any scheme submitted to it under section 36.

(2) If a scheme returned for reconsideration under sub-section (1) is modified by the Trust it shall be re-published in accordance with ection 33—

(a) in every case in which the modification affects the boun daries

of the area comprised in the scheme or involves the acquisition of

any land not previously proposed to be acquired, and

. ification is, in the opinion (b) in every other case, unless the modification is, in t ¢

of the State Governmentt, not of sufficient importance to renwre

ré-publication.

38. Notification of sanction of scheme.—(1) Whenever the Sri Yernment sanctions a scheme it shall announce the

fact by nol

tim, and the Trust shall forthwith proceed to execute the same.

Th weet wr sub-sootion (1)in respect an (2) ¢ publicati f

tification under sub-section( Pi

of publication of a notil has been duly fra Y scheme shall be conclusive evidence that

the scheme has

and sanctioned.

of abes Period for execution of a scheme.—(1) Wh ile notifying t

he sanotion

under section 38, the Stat e Goverment 6hall also specify

ﬂ , (a) “m“ "7““ a”? 3. mu m / >~~~~K onto, the Trust shall consider a) - - _ - (‘wa gram” received thereunder and allt-lrﬁull'ldiflﬂllinllf' Suggestions and “Pb objections, suggestions, onmprt‘ﬂentatimls a r3551? lix'rsmis making “it i heard: the Trust. may either abandon the sc (men!) 0 OPPOTtumty EN“ vemmout for sanction of the Belleme with sue]. )r tilt-plyfo the the Trllﬂb may cunsltler Necessary. lumlificatlons, If (2) Every application submitted under mummiﬁed b3"— ﬂu"'sm“"" (I) Shall be I (a) n description 0f, and fullparticulars re and complete plans and estimates ofthc cost of latmg to, the scheme, executing the scheme; (b) a. statement of the reasons for . an ' ' ' - scheme as originally framed; ymodlficatlon made m the (c) a statement of objections, if any, received undersection 33' (d) any representation received under section 34; and (e) a statement of the arrangements made or r0 0 ' s d b th Trust l‘or the re-housmg of persons likely to be displlacgd by): th: execution of the scheme, for whose re-housing provision is required. (3) When any application has been submitted to the State Government under sub-section (1) the Trust shall cause notice of the fact to bepublished for two consecutive Weeks in the official Gazette and in a. local newspaper. 37. Power to sanction, reject or return scheme—(l) The State Government may sanction, or may refuse to sanction or may return for reconsideration any scheme submitted to it under section 36. _ (2) If a. scheme returned for reconsideration under sub-section (1) I} modified by the Trust it shall be res-published in accordance with ﬁction 33—. (a) in every case in which the modification affects the boundaries 0f the area. comprised in the scheme or involves the acquisrtion of any land not previously proposed to be acquired, and (b) in every other case, unless the modification is, in the oph‘i?" of the State Government, not of sufficient importance to renum- Pit-publication. Whenever the State 38' Notification 0., sanction of acheme.—-(1) notifica- -' ”mmem sanctions a scheme it shall announce the fact by “‘1’ “ml the Trust shall forthwith proceed to execute the same. inros (‘l (2) The ublication of a notification uudersub-seotion (l) n 1 “any “home sliall be conclusive cVidcm’" “mt the ”hem” h“ u 1" fr "nod ““1 sanctioned. 39 p - , "I a ' ermd for executum of a scheme—— ‘chme Wider section 38, the State G)\'cﬂmm ' tii' ' 1g the sanction' (1) While no my?“ M“) y 13

R30 IAE A TATA stnet 2, 8 A

e am y (w

tification the period within which the s chome so BANC ne

ifies m

in such uc py the Trust.

required to b e executed

to complete th e execution of t

he scheme wf

p-section (1), i t shall muke A

nt application

he reasons for which the scherne « is eriod and prayi

'g for its oxtengiu’ mM,

2) Ifthe Trust fails

iod specified und er su

tate Go tting forth t

cificd p the p the State Gove

rnment se

not be executed wi thin the spe

(3) The State Gover nment may, in consult

ation with the Munig;

lor may ext nd th e pericd ond he

‘ 6: TEM Board concerned, either

refuse to extend oF Dh ) th

fact of such refusal or ext ension shal] be notified

in the official Gazette.

40. Alteration of scheme a fter sanction.—At any

time afte

d by the State Government. and before jt ha

scheme has been sancticn e

been carried into execution, the Trust may alter it:

Provided that if any alteration is estimated to i ncrease the estimated

heme by more than Rs. 50,000/- or 6 per cent of

net cost ofexecuting a sc

such cost, whichever is less, the alteration shall not be mad e without the

previous sanction of the State Governm ent.

—Any number of areas in respect of41, Combination of schemes. framed may, at anywhich schemes have becn or are proposed to be

time, be includcd in one combined scheme.

CHAPTER VI

POWERS AND DUTIES OF THE TRUST WHERE A SCHEME HAS BEEN SANOTIONED

42. Transfer to Trust, for purposes of scheme, of buildi

oo vested in Municipal poor re at any riesaint , or a

cipal Boord. |or other land or any part thereof which is vested in the Muti-

give notice"i ‘dinaly at executing any scheme,

the Trust sha

street, square “and” y to the Chai rman of such Board, and such

building,

in the case ofany b iL part shall thereupon vest inthe Trust subject,

any building, to the payment to the sa id Board of such sum

as may be required t 3

transfer thereof to the ‘Trust it for actual loss resulting fromthe

43. : ‘

the official Gana fands.— (1) The State Gove rnment may, by notification"

upon between it andthe Teal such terms and conditi ons as may be 8gwd

Improved and wimprove ret, place at the d isposal of the Trust all oF any

been constituted and ahi lands in the urban area for which the Trus t

hereinafter referred{* lich may be vested in the State (know l alt

accordance with a sch a8 Nazul lands) for the purp oscs cf jmproveme!

eme framed and sanctioned under this Act:

(2) No im TObon Vv carried. ont excopt Wy oFae any Nazul

land shall be undertake? of

) lder the control and supervision of taftersuch landhas been placed at the disposal of the Trust wider sub-ser!

ef the (3): After an andeyporyinenof Mizu land has been

improved by, of und ae ~ O ‘he Trust, it shall be dealt with by the

14, °

contro]

trams mews, was 3, Wake m ‘c (g) 23° fiC'IUlllt the period within nhich the schuno so 8""‘7livu.,.,l, ‘ by the. Trust. In '. , m)lvto1,110executiemofthescl'im"J - 2) IftheTrustfallSloco I (1),itslmll who "I! applaud: ’ ' ' 1 under sub-section '. 3:: gfdigdgggiﬂigedt setting forth the reasons for which the scimn0 “tail, 0 - ,' I r. I ' ' . ' not be executed within the Spt‘lelt‘d })(‘ll(:(l. and Ina)” g to! in; “mm“ in such not) ) required to be executul . ' nnu'ntv nm- r, in emtsultation with the Mlm'g‘, (3) The Sin“ GO‘ (‘1‘ )1 ()l‘ nmy (‘Xtt 12d lllt- ]N'1'h (l ”"31”? ' to exiuu Board concerned either refuse . _ . ‘ . ._ ‘ . fact of such refushl or extension shall be until u d In ”H olt'" ml Gil/mile. - . . (iota—At any Limo f _ 40. Alteration of scheme after sane > a ter a scheme has been sanctioned by the State GOVCTI'IW‘IN' "11d before it h“ been carried into execution, the Trust may alter it: Provided that if any alteration is estimated to increase the estimnud heme by more than Rs. 50,000/- or 5 per cent 0‘ net cost of executing a so . . such cost, whichever is less, the alteration shall not. be made. Wllllnllt [by previous sanction of the State Government. —-Any number of areas in respect of 4]. Combination of schemes. framed may, at any which schemes have been or are proposed to be time, be included in one combined scheme. CHAPTER VI POWERS AND DUTIES or THE TRUST WHERE A SCHEME HAS BEEN smorrom 42. Transfer to Trust, for m oses o scheme, 0 buildi or land vested in Municipal Board.:V\270he110verf any building, 01‘ 3:: street, square 01' other land or any part thereof which is vested in the Muni- °}PalBOflrd, 18 required for executing any scheme, the Trust the sgtrYSetmglce accolrdingly to the Chairman of such Board, and such building, in the,c;151:a(r)?. Mull) 911' _part shall thereupon vest in the Trust cubic“ as may be re 3:11.50} 11:11 (bug, to the payment to the said Board of such 81"” transfer “161.201.“; fhgmg‘gﬁgfatc it for actual loss resulting from the 43. t . - the officiallggzzigi zznﬁsa—(l) (the State Government may, by notification 1‘1; uP011 between it and‘th liltipon SHCh terms and conditions as mtl)’ b" ang improved and mini )le L,‘({l18t’1)1{lce at the diSposal ol' the Trust all or an)” been constituted adl wi' lands 1n the urban area for which the TTUSt' hereinafter referred(t0“ "Ch may be Vested in the State (knmm “it accordance with a. so] as Nﬂzm lands) for tho plll‘pomst f iIIlPI‘UVt'ml‘n lcme framed and sanctioned under this Act- , .(2) No im Carr-19 (1.91m, eXcopt ligyglglent of any Nqul land shall he undertakml m" aftersuchlaiulhas beei’ 1 under the Control and en )orvision of the Twit 1 1) need at the disposal of tho Tritst under sub-swli‘m‘ (101‘ the rm" (3); Afte and ““130ng 0:11:11} Nttltlzul land has been improved by, 01‘ "1‘ ' ’ ° Trust. it shall be dealt with by the 14. ' control

= OO ——_————-

at ¥ (*) SRA TITTA, WET 3, eats .

rdance with the rules made and direct; . os

inSenment in this behalf. directions Sven by the State wl land pl .(4) If anyNaz Placed at the dis

aub-section(1) is required at any time thereafter Peat _ the Trust under the Trust shall, by notification in the official Garctte € State Government disposal of the State Sov ramen upon such terms an,aitlace it at the

be agreed upon between that Government and the Trust, itions as may

44. Dransfer of private street or square to 1’

scheme.-~ (1) Whenever any street or square or "me for Vurposes of

js not yested in the Municipal Board js required for ereof which

scheme, the Trust shall cause to be affixed exeenting any . . in 6 COnSspicuev :

or near such street, square or part, a notice Signed by theChane _an—

(a) stating the purpose for which required, and 7 ich the street,savere Or part ig

(6) deolaring that the _uov will, on or after dat +e < in the notice, such date being not less than thirtydaybafier Oonesof the notice, take over charge of such street, owner thereof; and cet, Square or part from the

shall simultaneously send a copy of such notice to the owner of such strect, square or part.

__ (2) After considering and deciding all objections, if any, received in writing before the date so specified, the Trust may take overcharge of such street, square or part from the owner thereof ; and the same shall the reupon vest in the Trust.

(3) When the Trust alters or closes any street or square or part thereof which has vestcd in it under sub-section (2), it shall pay reasonable compensation to the previous owner for the loss of his rights therein.

(4) If the alteration or closing of any such strect, square or part pues damage or substantial inconvenience to owners of property adjacent lereto or to residents in the neighbourhood, the Trust—

(t) shall forthwith provide some other reasonable means o f access

for the use of persons who were entitled to use such street, square or Part as a means of access to any property or place, and

(ii) if the provision of such means of access does not sufficiently

Compensate any such owner or re sident for such damage or inconve-

Mence, shall also pay him reasonable compensation in money.

, uated on land 45. Provis; ; k to replace a

nother sit Yested « »7 OUtston of drain or water wor piace « (1) When any bail, din the Trust under section 42 or section 43 or —-at h

as vested

i Or any street or other land, or any pat in orwater

sey uniidtaut as or section 43 or section 2, at oreork, a the “therein shall vest in the Trust until another drain or ‘o the satisfaction

f the yo I ired, has been provided by the T ter work. ° Municipal Board in place of the former drain or wa"

r “w" at" V ('5) mam “5m“ “‘3 3. Wm . , . ance wit 1 , ie ru es nun c mu! . . . x gagggment in this behalf. directwns 81"(11 by the State (4) If. any Nazul laud 1.19:ch at the (1,8 sub-Sectional "5 “(11113551 “F "115’ tune bilereafte; £2.53: 02 ”'0 Trust under the Trust shall, by notification III the official Gwen“ r . hit” Gl-Wemment disp"Ml 0f the State, Governing“, uDon such terms “'lidr"Pl“?"_ it at the be agreed upon between t mt government. and the Trgnllllmns as may 44. Tramfer of private street or square to , “Mme.-. (1) Whenever any , street, or Square 01‘ (11):: {gr [larlyﬂq 0] is not vested 111 the Municipal Board is require d for enof whmh schCDW~ the Trust Shall cause in be wind "Km-"ting my . .. in 3 COHFPicuon - 01' 119“" “"311 street, squau 01 part, a notice signed by the (l. .520" m I an— (a) stating the purpoSc for whi 11 th required, and c 0 street, 3‘1“”? or part is (b) declaring that the 'T unu will, on or aft. . . in the notice, such date being notless than tlfii-tyiﬂgﬁtbe speciﬁed of the notice, take over charge of such street, 3(1er or mitt-fr e date owner thereof; and . p cm the shall simultaneously send u. copy of such notice I: l - street, square or part. 0 t m mm” of such . (2) After considering and deciding all objections, if anv r - - ' writing before the date so speciﬁed, the Trust may take over obi-£33213; stn-‘el, square or part from the owner thereof ; and the same she II the reupon vest In the Trust. (3) .When the Trust alters or closes any street or square or part thereof which has vcstcd in it under sub-section (2), it shall pay rcasonablc compensation to the previous owner for the loss of his rights therein. (4) If the alteration or closing of any such street, square or part $111868 damage or substantial inconvenience to owners of property adjacent lereto 0r to residents in the neighbourhood, the Trust-— (i) shall forthwith provide some other reasonable means of access for 15116 use of persons who were entitled to use such street, square 0" part 88 a. means of access to any property 01' place, and (5") if the provision of such means of access does not suﬂiciently compensate any such owner or resident for such damage 01' inconve- Ilience’ shall also pay him reasonable compensation in mm- ' uaied on (and 45' P ' ' ' k I re lace another 31'! ”Gated‘ Manon of drum or water wOf 0 P . ( When any [mi] .111 the Trust under sedimz 42 or section 43 or seam; ﬁtmoi) has rest ed . or“ ' - ' ‘ l doranypar _ in , 3‘ Street uare 01 other an , . t r “Oi-11:8“! 5 under Eeétign 42 or section 43 or section Eigggrgé‘fazatﬁc - . erem 5113]] Vest in the Trust until another dram the satisfaction . t ' ed, has been pronded by the Tm, gr work. of y e, . the M‘mieipal Board in place of the former dram 01' “at 15

BRR qraeata THT, WME F, LVUe aM

y (4

(2) If any question or dispute arises 06 ewhether another Crajn

water work is Te quired or as 10 thesuey Oo “ny

ic OF Water Or

provided bythe ‘rust under sub-section (1)t nat er shall be referred to t

State Government whoge decision shall be final.

46. Power of U'rust to turn or close streel or square vealed in it

(1) The Trust may—

(a) turn,divert, discontinue the public usopr,GF perma nently clong

any public street vested in it or any part thereol, or

(b) discontinue the public useof, or permanently close, any public

square vested in it or any part thereof.

(2) Whenever the Trust discontinues the public use of,

permanently closes, any public street vested in it or any part thereof, j,

shall pay reasonable compensation to every person who was eaititled,

otherwise than as a mere licensee, to use such street or part a6 a@ means of

access und has suffered damage from such discontin uance or closing,

(3) Whenever the Trust discontinacs the public use of, or permanently closes, any public square vested in itor any part thereof, it sha'l pay

reasonable compensation to every person—

(a) who was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or

(b) whose immovable property was ventilated by such square or part,

and who has suffered damage—

(+) in case (a), from such discontinuance or olosing, and

(ii) in case (b), from the use to which the Trust has put suc square or part.

(4) In determining the compensation payable to any person under

sub-section (2) or sub-section (3), the Trust shall mak e allowance for aby

benefit accruing to him from the construction, provision or improve? ofpay ails public street or square at or about the same time that * public street or square or part thereof, on ac ‘which t ensatl is paid, is discontinued or closed. — count of which the comp

(5) When any public street or square v i or> vested he Trust; ©part thereof, is permanently closed tinder subseotion (1)‘theTrust asell or lease so much of the same as is no longer required.

47, Powers under the Munici ; gudhs if pal laws vest 1'rust.—() Neate ofthe Municipal law for the time“heing in force in soype

e State as may he Prercribed in the cage of each Trusts ’is far as may be consistent with : iwith the tenor of thig Act, apply to ales getTespect of which a scheme is in force; and for the period during whi

HQ owns TIE-'15}, mm 3, use “m w ('6 r dispute urises us to whether unotlu-J- (lr . to the sufficiency oi eny drum or Wu“r In 0: Wlnk n (l ‘0th (2) 11' any question 0 water uni-k is u qmrul or as . ‘ . . . provided by the Trust under sub-section (1) 1th militia shall 1“. rd” State Gowrnment whose decision shall be [inn . 46. Power of Trust (0 turn or close street ur square vested in it (1) The Trust me —4 (a) turn, divert, discontinue the public use-{(1)1} or {germane-nth, Clem any pubhe street vested m it or any psi , 1m (.0 , or , (b) discontinue the public use of, or permanently close, any public square vested in it or any part theieof. (2) WheneVer the Trust diseontinues the public use of, or permanently closes, any public street vested in 1t or any part thereof, it shall pay reasonable compensatwn to every person who Was autitluj, otherwise than as u more licensee, to use such street or part as a means of access and has suffered danmge from such discontinuance or closing, (3) Whenever the Trust discontixmes the public use of, or permanently closes, any public square vested in it or any part thereof, it sha'l pay reasonable compensation to every person—- (a) who was entitled, otherwise than us a. more licensee, to use such square or part as a. means 01 access, or (1’) whose immovable. property WEE Ventilated by such Square or part, and who has suﬁ'ered damage—— (5) in case (a), from such discontinuance or closing. ﬁnd (ii) in easo (b), from the use to which the Trust has put 311d] square or part. . (_4) In determining. the compensation payable to any person under Htlb'sgljt'm" (2.) or sub-section (3), the Trust shell make allowance for any beiieht ltCUl'llUlg to 111m from the construction, provision or improvemen “11:?in pthetr public street or square at or about the same time t ”E: pu cs’ree or square or part thereof on so - . . emati 18 paid, is discontinued or closed. , count 01 Whlch the comp (5) When any public street or s uere v ' ' my _ . st -d h t °’ Part thereof, 15 Permanently closed undgr sub-sicthollnllll etIllzzru'lllrlwt n1” sell or lease so much of the same as is no longer required, 47. Powers under the Maoist ' such . . . . put laws t I! L— 1) ﬁxings of the Municipal law for the timzebglinglgnixihzojcrewin slay Pd 9 etc as may be prescribed in the UHSPUl‘eacll Trust. I l” far ”may be consistent 'th ‘ ' W1 the tenor of this Act, apply to ﬂnuohﬂoi respect of which a. scheme is in force; and for the period during whj 16

a8(=) URC UT, gata By Whe

— _ mf romains in forco al roferences in tho gaid provisions to thescl ipal Board, Council or Corporation shall be construed as referenceswe Trust which, in respect of any such areas may alone exercise and per-cn allor any of the powers and functions y0 Which under any of the sai i

Ts an } e said provi-might havo been exercised and performed by the se

RRQ

‘ons = : : ! Municipal BoardCouncil or Corporation or by tho Chairman or President or by any officer thereofi

Provided that tho Trust nay delegate to the Chairma oficer of the Trustall or any of the powe or tO, any'8 conferred under this section,

(2) The Trust may make bye-laws for an gchemo which is outside the limits of the mtoarrying out the purpose of the scheme,

Y areas comprised in a unicipality generally for

— (3) The power of the Trust to make bye-laws shall be subject to thecondition of the bye-laws being made after previous publication and of

theirnot taking effect until they have been confirmed by the StateGovernment ; and the State Government may—

(a) in confirming a bye-law, make any change in its form that ,¢ appeals necessary, and ie

(6) after previous publication of its intention, rescind any bye-law which it has confirmed whereupon such bye-law shall cease to have effect.

t € . ,

_ (4) No alteration.or rescision of a bye-law by the Trust shall have effect_unless and until it has been confirmed by the State Government.

(5) In making a bye-law the Trust may direct that a breach of it shall be punishable with fine which may extend to five hundred rupees, and, when the breach is a continuing one, with a further fine which may &Xtend to five rupees for every day after the day of the first conviction - ‘uring which the offender is proved to have persisted in the offence. u

Aine Lransfer of duties etc. of Municipal Board to Trust.—The State Governme : tons ; te transfer to the Trustnt may by notification in the official Gazette tran tr 3 of the dutivs, Acie functions and responsibilities of the Municipal tehae and thereupon the Trust shall carry out, exercise, perform an

os uch duties, powers, functions and responsibilities.

ir cost.— st m ®. Power to make surveys or contribute towards their cost.—The Truay

it considers (2) cause f any land to be made whenever 1 ho

that Survey ia necwaaryof expedient for carrying out any oftPurposes of this Act, or

by any oth (6) contribute towards the cost of any such.survey manennylocal authority,

17 ——_

“1"“ (H) ‘ WWW (NI-W, m 3, “HQ / ‘ m0 remains in force all‘ references in the said provisions to th ﬁshed m1 Board, Comicil or (iorporation shall be construed as refercnc e the Trust» which, in respect 01 any such areas may alone emu-chic and pee: allol‘ any oi the DOW’Ols‘ltiul1111101110118 which under any of the said provi- '0118 might have been exercised and perloi‘iucd by the Municipal Board 30 uncil or Corporation or by the Uliuirnian or President or by any officer thereof‘ 23? to form Provided that the Trust may delegate to the Chaimm oﬁicol‘ of the Trust all or any of the Down n or to any rs conferred iuider this section. (2) The Trust may make bye-laws for any areas comprised in a schcmo which is ouleldO the limits of the municipality generally for Learning out the purpose of the scheme. \ .— (3) The power of the Trust to make bye-laws shall be subject to the condition of the bye-laws being made after previous publication and of t-heirnot taking effect until they have been conﬁrmed by the State Government 3 and the State Govoriunent may— (a) in conﬁrming a. bye-law, make any change in its form that he appears necessary, and w .‘né... (b) after previous publication of its intention, rescind any bye-law which it has conﬁrmed whereupon such bye-law shall cease to have effect. _ (4) No alterationor rescision of a bye-law by the Trust shall have eﬂect_iuiless and until it has been conﬁrmed by the State Government. (5) In making a bye-law the Trust may direct that a breach of it shall be punishable with ﬁne which may extend to ﬁve hundred rupees, and, when the breach is a. continuing one, with a further ﬁne which may extend to ﬁve rupees for every day after the day of the ﬁrst conviction , “1.11?ng which the oﬁ'ender is proved to have persisted in the offence. \l l 43- Transfer of duties etc. of Municipal Board to Trust—The State Govemme ' ' ' ' t f *r to the Trust .V nt may b notlﬁcation in the omcial Gazette _rans e _ . gay of the duties, Spowers, functions and responsibilities of the Mlmdcllial lchgrr: and tlhel'BIIPOn the Trust shall carry out, exercise, perform an s- e 8 11° duties, powers, functions and responsibilities- ' c _.. b m 49' Power to make sweet 3 or contribute towards ﬂmr cost. The Trus aym. J - 'ders (a) 0&1180 f 3.11 land to be made whenever it conSi he that a survey ailssllilehzgszoiry oi" expedient for carrying out any of t Purposes Of this Act, or ' b any 0th (6) °°11tribute towards the cost of 8115’ guohjurvey made y er local authopity, 17 ' ""’

—_— os8 “ W449Creat LEHMA, AMET hy 0444, tiny) veating in Municipal Burd of treet laid out or altereg a7“ealing id

the Vrust under scheme.— (1) Whenever the Minh Mpa

hay eg

nr uniddedl Ufv ov Ucn Hoard fn sat

istied—

ree ;

hat any street laid out or altered Wy the Trust, hag bern fe

O auved, metalled, flagged, channelled, sewered aya dng

ve AVE ou J 4 ;

J | hs

erie eanuis? ‘provided in the scheme sanctioned by the sy

‘ | j ’

/ i ¢

Government under this Act,

sh lamps, lamp-posts and. other apparatus tattlngehattest ss ought to be provided by the Trust hg so provided, and

fo the Ve Lee h

(c that water and other sanitary conveniences have beer, duly provided in such street,

the Municipal Board, after obtaining the assent of the failing such nssent, the assent of the Btate Government under sub. section (3), shall, by ® written notice affixed in BOE Conepicuons pusition in such street, declare the street to be © public streets ard the strect shall thereupon vest in the Municipal Board and shall thenceforth be maintained, kept in repair, Jighted, and cleansed by the said Board,

Trual, or

(2) When any open space for purposes of ventilation or recreation hasheen provided by the Trust in executing any scheme, it shall,on completion, be transferred to the Municipal Board by resolution of theTrust and shall thereupon vest in, and be maintained at the expense of, thewad Bourd

Provided that the said Board may require the Trust, before any such| Open bpace 18 Ko transferred, to enclose, level, turf, drain and lay out such Kew and provide footpaths therein, and, if necessary, to provide lamps andother apparatus for lighting it,

(4) Wf ony difference of opinion arises between the Trust andthe eae “ J7Mn Dooy of any matter referred to in the foregoing prBN OF this section, the matter bhall be referre _ ern

whony devision bholl be final, ’¢ referred to the Btate Gor

CHAPTER VIL

Avauinvrion AMD Disrosan or LAND bh, yf ywier by purchuseor lenge

nnter int?MMe Wi ny ‘ i bean by “vement.—The Trust may entet the Trt Siow puch pe tw), M syiat purchase, leasing or exchange VY

| MeN ON anyMy hh the Ieuet 4 ‘6 ¢ UE MY Mnborenh in muss, lanl HO which the Trust isauthorised to ocd

Nd, Sonvpuley Wapiti at th ‘of try A ONY Wtinithyy, of lund, ' esentati Hh, "9 buat if EPPO EA the Bt ate, Gover) cee a land is requisVOTO OS MiprOvemmnsop 6 oOVetmIeNt that any lanOt for ony other purpose under this Act

(ennui! "WW"! mm 3.’ i'ﬁ‘t”. W” (r' ‘ ____\ i'ri-Iini/ In jllmn'r'l'illlt ”WM “J ”"1”“! rm, (ml or "l’étld/ W “um-— Iml ML ra'tdu! (a (lie ’J'rual imdc?’ ”ti/"1’7"”: U) Whenever “'0 MWlt’iYi: spend it t ’ Board is Hatinfier ~— I , f r . that any atreet laid out or nlterr d by the hurt has hm, m ii")! raved. rnetalird, flagged, ehanncliui, {iti'wrrul Mn! 9],? hivfil‘ainllmbl ’lnovided in the acheme aanctromd by ii: ”a? (im-ernnwnt under this Act, . tlrr (j . 1 other a mrat « 1, such lamps, lamp posts ant P!' u» in, ”I, lightihi; L(liftlsuch street as 0118“ to be provuletl by ”'6 1’ "31' have lat); 50 provided, and (c that water and other sanitary conveniencm have be“, duly proviritd in such street, the Municipal Board, after obtaining the ascent of the Trust, (,1: failing such assent, the assent of the State Government under 5,111,, section (3), shall, by a written notice affixed in some conﬁde-110m position in such street, declare the strwt to be. 'a public strain” the atreet shall thereupon vest in the Municipal Board and Shall thcnecforth he maintained, kept in repair, lighted, and cleansed by the said Board, (2) When any open space for purposes of ventilation or recreation has been provided by the Trust in executing any scheme, it shall, on no!!! piriion, he transferred to the Municipal Board by resolution of the True! and shall thereupo n vent in, and he maintained at the expense of, the MM Board: Provided that the said Board may require the Trust, before any such open apaee in no tranaferrr-d, to cnclo . ac, level, turf, drain and lay out such Miami and provide iootpatlm therein, and, if necessary, to provide lamps and other apparatua for lighting it. (:1) ii‘ any difference of opinion arises between the Trust and ”3,9 xH’i'MUI‘Hil iioarri m roripeet of any matter referred to in the foregoing pron. or a o inn nee ion, tie matter a} ll . .. , ., . . ,, malt; Wlt'mv 'l'mlaion ahaii lIU final, I“ b“ ’LYenLd to the btatc Gm cm CHAPTER VII liner/mirror: AMI Dmrorm. or LAND bl I’I/mn to ' ' ' 71717/,/Illl;(, I” #113,, I, (ll 7" 1 [Into . I ,, I: ...._ I *1) e "H “it“ ’ 1"!le Willi any pl Nil/Ii ill/1’ ”if; J ”tank T116 Trust may 6 the ’l‘rnal in Miami; }""t'lIM:c lerwin or exchange y '- ‘ ’ ' “LIP/1H,!” my! _ .’ . E . ' or any interval, in Mich iamt/ “mu/huh Uw'lmstmdauthonsed to M 4 W: Mme/ale! I, J .I I from tim’t‘inal it ”I, Ultimo/m 0/ laml, I, t‘prraratr t i I , ”‘ t“! WWW; ct I i M ””1170" ion .(1) Where on a ”meson“? imprwcnwnt or 101 Vernrnmt that any land 1'8 “I Act: any other purpose under this 18

afm ¥ (*) bahabbodil <TH-Ae, are 8, 2a4e tah,

_— . een,

th state Government may acquire such land by publishing in the official to a nobice specifying the particular purpose for which such land ig d and stating that the State Governmcnt hag decided to acquire theire ‘ :requ pursuance of this section,

Jand in

(2) Before publishing a notice under sub-section (J , the State Govern- shall by another notice call upon the owner of the ee andl anyottent y Sa

ereon who in the opinion of the State Government may be intercsted therein to show cause, within such time as may be specificd in the notice why the land should not be acquired. ’

(3) After considering the cause, if any, shown by the owner of the

land and by any other person interested therein and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit.

(4) When a notice under sub-section (1) is published in the official Gazette, the land shall, on and from the date of such publication, vest absolu- tely in the State Government free from all encumbrances.

(5) Where any land is vested in the State Government under sub- section (4), the State Government may, by notice in writing, order any person who may be in possession ofthe land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.

(6) If any person refuses or fails to comply with an order made

under sub-section (5), the State Government may take possession of the land and may for that purpose use such force as may be necessary.

(7) Where the land has been acquired for the Trust the State Govern -

ment shall, after it has taken porscssicn of the Jar.d and on payment by the

Trust of the amount of compensation determincd under section 53, on

the amount of interest thercon, and of the other charges incurred by th e

State Government in connection with the acquisition, tranefcr the lan d

to the Trust for the purpose for which the lan d has been acquired.

oath _ yhere 53. Compensation for compulsory acquisition of land. (1) WM

any land is notftired mh the State Government under this Act, the Btn

Government shal] pay for such acquisition compe reation OO ee

Which shall be determined in accordance with the provisicrs of this secticn.

r sub-section (1) shal l be deems

to be due as from the date of t aking over possession of the la

nd under sub-

i : imple interest

ection (5) or sub-section (6) of section 52 and shall carry simp f.

at the rate ofsix per cent or um from that day up-to the date ofpayment: - of

‘ ‘ ble on any amount” 0Provided that no interest eenFactault of the person entitle

: A . any of the7 Teceive it or his agent or representative im interest or for any

_ 808 specified in sub-section (3) of section 57.

° rT

- ment (3) Where the amount of compensation can he der

it eh etween the State Government and the per nts

all be determined in accordance with such agrech

(2) Compensation payable unde

mincd by agree-

m m) ""“‘"‘ “‘1‘", m t W m / nt may q ' 1 1 i te Governmo ; . “c “”0 “Pea and 1; "tr 1' ' - th :5“: a notice spemfymg the part mulnr purpgz’mya) formwlllighmsdtl? lﬁlrfi'ﬁi‘i‘: d and stating that the State Govcrnmu t l .' . . . ﬁnd in pursuance of this section, 1 Ian decided to acqun'c the (2) Before publishing anotice under sub-section ] ,tl . gt , _ shall by another notice call upon the owner of thf- lentil“ $513,031.13]. ent , . . arson Who m the OPmK-m Pf ”'0 8.1m" GOVI'I‘I‘ment may be intermtrd therein to show cause, mun“ “Vel‘ hm” “3 may 3)" BI’Ccifiul in the notice why the land should not be acqurred. ' (3) After consideringthe cause, if any, shown by the owner of the land and by any other person interested therein and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit. (4) When a notice under sub-section (1) is published in the official Gazette, the land shall, on and from the date of such publication, vest absolu- tely in the State Government free from all encumbrances. (5) Where any land is vested in the State Government under sub- section (4), the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver jmssession thereof to the State Government or any person duly authoriscd by it in this behalf Within thirty days of the service of the notice. (6) If any person refuses or fails to comply with an order made under sub-section (5), the State Government may take possession of the land and may for that purpose use such force as may be necessary. (7) Where the land has been acquired for the Trust the State Govern- ment shall, after it has taken possession of the land and on payment by the Trust of the amount of compensation dctcrmincd under. section 53, on the amount of interest thereon, and of the other charges incurred by the State Government in connection with the acquisition, tranIsfrr the land to the Trust for the purpose for which the land has been acquired. 5' ' s utsiticn of land—(l) Where 3 oomﬂensatzon for camped cry acq t under this Act, the State any land is ac' uired b the State Governmen . GOVemment slilall pay 3tr'or such acquisition comptrsation thehsmoutntnof Whic}! shall be determined in accordance with the provmcrs oft IS scc 1 . l » ' hall be dumcd (2 Crm t' a able under sub-st ctien (l) s ‘ to be due)“ $012103: :l(:21.teI)oiy taking over possession of the land tinder; £21; Section (5) or sub-section (6) of section 52 and shall carry1 811111;.081111 ent: at the rate of six per cent per annum from that day up-to the ate 0 P ym wt of PI'OVided that no interest shall be payable enhanyc r;1::oent.itlcd compensation which remains unpaid for any d?f“}11t 0f 1“ 0 11301. any oflhe oreceiVO it or his a cnt or representative in interest or r , . .msons Specified in sub-section (3) 0f “won 57' . ' d b :1ng 9' . m (3) Where the amount of compensatwn can be degrﬂmg 1113;115:1th em ctWeen the State Government and the person “5118.11 be determined in accordance with 811011 *‘gre‘m‘m" 19

the sine hats

horo no puch agreement can be reached, the Strate Goy (4) Ye abe to the Collector for determination of the am tet

paid for such acquisition as also the person oF pat of

"Bity

eroret ter eTseeg, SITET Y, WV Mt y (y

shall rofor t a compensation to be

to whom such compensation shal l be paid.

(6) Boforo finally determining the amount of COMPEensation ; Collector shall give an opportimity to every person to be corapensate

state his case as to the amount of compensation. 7

(6) In determining the amount of compensation; the Cy shall be guided by the following principles, namely :—

(a) no allowance shall be made on account ofthe acquisitionbeh' compulsory;

(b) the value of the land shall be taken to be the market yah, of the land on the date on which the notice calling upon the o¥ne to show cause why the land should not be acquired is issued unde sub-section (2) of section 52 hereinafter referred to as ‘the date¢ notice’, such market value being determined on the basis of thetx of the land on that date;

(c) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose ta which it would be applicd only in pursuance of statutory power, or for which there is not a market apart from the special needs of a particular purchaser or the requirements of any department of Government or any local or public authority:

(d) where the value of the land is increased by reason of the ux thereof or of any premises thereon in a manner whieh could kk restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises, or to public health, th: amount of that increase shal] not be taken into account.

(7) For the purpose of determining the amount of compensatioa—

(a) the Collector shall have the power to require any persoa Pdeliver to him such returns and assessments as he considers necessa)

(5) the Collector shall also have the power to requireanypetknown or believed to be interested in the land to deliver to him ®statement containing, as far as may be practicable, the name of ever?other person having any interest in the land as co-owner, mortg® tstenant or otherwise, and the nature of such interest, and of theand profits, if any, received or receivable on account thereof foryears next preceding the date of the statement.

(8) Every person required to deliver a return, assessment OF atement under sub-section (7) shall be d d towithin the meaningofsection 17 © deemed to be legally boun “1 Cod 1860 (Central Act 45 of 1860), "4 S¢ction 176 ofthe Indian Pen

Leete, |

"it .. aunt—V l r no such nercmnent can he reached, the State Gov M) ‘llrcmodhc to the Collector for determination of the “filling“ paid for such acquisition as also the Person Ortiz“ q “a inseam mesa. was a, 29.x: um r (9) shall refer t t, 1 com invention 0 )c . . to whom such compensation shall be paid. (ﬂ) Before Finally dctcrmining tho amormt of compemmﬁﬂmt Collector shall giVo an opportunity to cva person to be compensate’dlie state his case as to the amount of compensatuon. lo (6)111 determining the amount of compensation,- the Co shall be guided by the following principles, namely ;__. (a) no allowance shall be. made on account of the acquisition My compulsory; (b) the value of the land shall be taken to be the market value of the land on the. date on which the notice calling upon the 0W to show cause why the land should. not be acquired is issued under sub-section (2) of section 52 hereinafter referred to as ‘the dated noticc’, such market value being determined on the basis of them of the land on that date; (0) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it would be applied only in pursuance of statutory powers, or for which there is not a market apart from the special needs of a particular purchaser or the requirements of any department Ci Government or any local or public authority; (d) Where the value of the land is increased by reason of the use thereof or of any premises thereon in a. manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises, or to public health, (1:9 amount of that increase shall not be taken into account. (7) For the purpose of determining the amount of compensatim" . (a) the. Collector shall have the power to require any person to delwer to h1m such returns and assessments as he considers 119995535: (5) the Collector shall also have the ower to re uil'e anFPe " known or believed to be interested in tile land to dielivel' to him . statement containing, as far as may be practicable, the name ofeﬁ"! other person havmg any interest in the. land as co-owner, mortga t8 tenant 01" Otherwise, and the nature of such interest, and 0f the rel! and profits, if any, received or receivable on account thereof for years next preceding the date of the statement. (8) Every person recluired to deliver a return, assessment or staff" ment under sub-section ('7) shall b d d to do within the meaning ofsect'o 17 e earned to be legally b01111 3100‘!“ 1860 (Central Act 45 of 18163). 5 and seem“ 17“ “the 1‘16“” P9” 20 HEW} ‘

am % (7) CACTI, eee —_— maar tee tty

9) The Collector may he :

go in sy particular case. ¥ Near expert witnesses if it bo necessary to do

(10) The Collector shall be entitle jand which is the subject ofprocecdings

before 10 eater on ond inspect any

(11) The Collector shall dispose of ev pub-section, (4) for determination of compensation eth( fei

ple and in any case within such time ag may be prescribe enoaaly ae

(12) The Collector shall determine the amount of costy incurred in any case disposed of by him under thi i ' ne proportions they are to be paid and by what parties ond in

(13) In determining the amount of i the Collector shall also decide what portionvif any,ofthe covtatodetorimiecl shall be paid by the State Government. 54. Appeal to the District Jud Y igib ge against decision of the Collector.— Any partyaggrieved by thedecision of the Collector ete oining the amount of compensation may within sixty days from the date of such decision appeal to the court of the District Judge having jurisdiction.

55. Disputes as to apportionment of compensation.—If any dispute

arises as to the apportionment ofcompensation among peréons clai ming to be

entitled thereto the State Government shall refer such di spute for the

decision of the Court of the District Judge having jurisdiction.

56. Appeals to the High Court.—An appea l shall lic to the High Court

from the decision of the District Judge under section

55 and

rocedure, 1908 (Central Act V of

the provisions of the Code of Civil P.

1908) with respect to appeals f rom original decrees shall, £0 fa

r as may be,

apply to appeals under this section.

° , —1)

57. Payment of compensation or deposit of the same i” com ere theamount ue compensation is determined byagrociien as"ie Yernment shall pay sueh amount

together with interest thereo

Person or persons entitled thereto.

‘; determined by the: d h

(2) Where the amount of compensa state Government shall

Collector under the provisions of section °° together with interes t

tender Payment of the compensatio d ir y ee ashi inati

reon to the persons entitled thereto

accor i. 5

osha pay to them unless prevented bY en

ntingencies mentioned in the next su b-secuion. the decision

+ according to

(3) Ifthe persons entitle d tocompensation , be nopers

oncompetent OftheCollector do notconsen

t to receive it, or ifthere he title to rec eive tho

eo ienate the landoF if the re be any 4 te the a

mount of the

mensation, the StateGov ernment ot adge having j

urisdiction receive such“ompensation in the Court of theDistrict - terested may

itted to be intere tofcompesnation:

Provided n adi

Payment underproteat esfo the sufficiency of the amouP

21 ee

I . m" 3 (er) mom rum, mm 3. Wit 9 The Collector mo. hen . I0 in an; )Particular case. y r upon, w‘tnmcs if it be necessary to do (10) The Collector shall be ent't] . ‘ land which is the subJeet of proceedings 1:015:30 whim" on and WW“ any (11) The Collector shell dispose of ev r sub-990““ (4) for determination of C(mlpﬁllitlifizil “£1.20: will?" under powble and in any case Within such time as may be prescribe )u itimmly M (12) The Collector shall determine the amount of costs incurred in an case disposed of by him under th' ' - whit proportions they are to he Wigsection, and by What 1mm” and in (13) In determining the amount of co t d ' the Collector shall also decide wh at portion, if 1111;, :futlheedoshhlishmdhtdgpmhigd shall be paid by the State Government. 54. Appeat to the District Judge against decision of the Collector.— Anyparty aggrieved by the decision of the Collector determining the amount of compensation may Within sixty days from the date of such decision appeal to the court of the District Judge having jurisdiction. 55. Disputes as to apportionment of mpematzbn.-—If any dispute crises as to the apportionment of compensation among persons claiming to be entitled thereto the State Government shall refer such dispute for the decision of the Court of the District Judge having jurisdiction. 56. Appeals to the High Comb—An appeal shall lie to the. High Court from the decision of the District J udgc under section 65 and the Provisions of the Code of Civil Procedure, 1908 (Control Act V of 1908) With respect to appeals from original decrees shall, so far as may be, llPPIY ’60 appeals under this section. 57- Payment 0! compensation or W? of W W '1’; ”that: ere the amount of compensation is dctermln'id by agrezniherton to the 'emment shall pay such amount together “'“h "‘th Person or persons entitled thereto. - etermincd by t 0 . (l h (2) Where the amount of Qomlggnsfgéonsgte Govcmment shall allied“ under the provisions of Sffmon " . , with interest er P3 ent of the com use 10 ' , ch - an1,3011 tglfhe 1361-50135 entitfd {berets 3000111ng to Eu 8 . nte hall Pay to them unless prev: sub-wction- mnﬁngencies mentioned in the nex the decision ' accordin t0 (3) If the rsons entitled to WWW?” .be no pgrson WW“ “the COllecto dopet nt to receive 1‘5, Wither" h1titlc to receive tho alienate thril- 30 xfnihere be any - ,u e as to’tt ,5", amount of the InPensantion {11111 gtate Government shall depzﬂving jurisdiction 3 eon‘Penﬁation’ in the Court of the District Judge a receive such itted to be interc to ‘ - Pro ' n adm un hymen Maude: $312; if is]; sufficiency of the “mo 21

crveatt TH, sTTeT FR, WLS wm ¥ (nj

1othing heroin contained shall affect theliabitvided further that 1 ntained §

fan reo who may receiv e the whole or any part of any

compensa

Gotermined under this A ct to pay {le samo to

the person lawfully on r

thereto. ‘ |

5S. Investment of the amount of compensation deposited in .

Where any amount of compensation has beon deposited In court ung, : ither of its own motion or on the applicsection 57 the court may ei |! a ation

made by or on behalf of any party interested or claiming to be Intereste

in such amount, order the samo to be invested in such Government OF Othey approved securities as it may think proper, and may direct the Interest op other proceeds of any such investment to beaccumulate d and Paid in such manner as Will, in its opinion, give the parties interest d therein the Same benefit therefrom as they might have had from the land in respect Whereof such amount has been deposited or as near thereto as may be.

59. References of disputes as to sufficiency or otherwise of _ compensation payable by the Trust under other provisions.—(1) If any question or dispute arises as to the sufficiency of the compensation paid or proposed to be paid under any provision of this Act otherwise than under the foregoing provisions of this Chapter, the matter shall be determined by the District Judge having jurisdiction upon a reference made to him cither by the Trust or by the claimant within a period of three months from the date on which the said person was informed of the decision of the Trust fixing the amount of compensation to be paid to him or of the rejection of his claim to compensation by the Trust:

Provided that the District Judge shall not entertain theapplication of any claimant who has not applicd to the Trust for compensation within three months of the date on which his claim for compensation accrued.

(2) If a reference to the District Jud ithin the j . . ge be not made withinperiod prescribed by sub-section (1), the decision of the Trust shall be final.

60. Disposal of land by the Trust.—The trust may—

(2) with the sanction of ]land acquired by the St GovernWithout undertaking or

ate Government, dispose of a ate Government and transferred to the Tr

carrying on any improvement thereon, oF

b) subj > ae .disa2 arniect ey, yirections given by the State Covernmenti ° eily 8 and ¢g . . : ¥ :

improvement as it thinksfit, undertaking, or carrying on * ’

tosuch pe ‘

) or rj iConcerned according to the iPS the improvement of the wrbaDg ‘© master plan and the scheme

under sub-section (1) shall hee Trust With respect to tho disposal of land | r thatpersons who are livin = exercised as to secure, so far as practios a

land shall, if they desire ie ob ne on business or other act ivities on on

rust and are willing to 2 accommodation on land belonging t® ) g*¢ comply with “ny requirements of the Trust e

a,_

QQ: (mum (ﬁt-W, "nm Q! ”x“ m y (R) Provided further that nothing Mimi" eontained 911ml] affect the llabilit - , , . - v are an 00 . y . t _- \‘l till“) it uno the \\ I0 U “I it“) 1’ , y m cm . dittgihh‘dliihde:this Act to my '1‘" saxno ‘0 the POW)" llthully “13:11:: thereto. 58. Inwstment of the amount 0] m"’1""*"”“0” deposited in t ' . H de ositet ' " Whom m“, amount 0f 0mm“llFtlllmldlth bun . p l m court and, ‘ 'ther of its own motion or on the “who section 57 the court. may “' . - ' . “”05 made bv or on behalf of any WM." ””“n'm‘d or claiming to be mtmﬁttd in such amount. order the. sanio to be invested in such Government 0r 0th“ approved securities as it may think propt r, and may direct. the. interest 0, other proceeds of any such investment to l)(‘i-ﬂCC'llllllllult d and paid in such manner as will, in its opinion, giro tho partus intereste d. therein the. Same benefit therefrom as they might. have had from the land in respect Whereof such amount has been deposited or as near thereto as may be. 59. References of disputes as to sufficiency or otherwise of _ compensation payable by the: Trust under other prot‘I.~‘Ions.—-(l)_ If any question or dispute arises as to the sufficiency of tho compensation paid or proposed to be paid under any provision of this Act otherwise than under the foregoing provisions of this Chapter, the matter shall be determined by the District Judge having jurisdiction upon a reference made to him either by the Trust or by tho claimant within a period of three months from the date on which the said person Was informed of the decision of the Trust fixing the amount of compensation to be paid to him or of the rejection of his claim to compensation by the Trust: Provided that the District Judge shall not entertain the application of any claimant who has not applied to the Trust for Compensation within three, months of the date on which his claim for compensation accrued. (9) If a reference to the District Jud ' ' the ' - . go be not made Within Period prescribed by sub-section (1), the decision of the Trust shall be final. 60. Disposal of (and by the Trust—Tho trust may—- (a) with the sanction (f tl land acquired by the St ) m St Without undertaking or atc Government, (lispOSO 0f Mi ate Government and transferred to tho Tm" carrying on any improvement thereon, 01' ((1) subject to an . ' - - nit disrese. of any such lahiddiffctitrmns given by the State Govenml“ improvement as it thinks fit Imdcrtnking» 0r carrying on S I . n 5‘. ill HlCh nlﬂllll . I notice-med according to tlxemni‘hcsctltlhim]:g the improvunent 0f the urban , . - pan and tho schenl e o. 1 of land (2) The poWer of t! . 10 T . ,. ‘ . ns W to are ’ v' . . , - "“d “m", if ”my desire]??? gtihflhr‘vmg ““ "“Sim‘ss or other activities on 0 Trust and are Willing to Comp] aceonunodat ion on land belonging to to y With ““5’ l‘t‘qllirements of the Trust- 22 ‘ ‘ t as to secure, so far as print)“03 ‘

qr ¥ (=) eaTT CTa-T9y, Wig2, Reve ae

_—

4s improvement and use, have it

se an opportunity to obtpodation suitable to their reasonable requirements ain thereon accom.

due regard to the price at which any such land h On terms settled withas been acquired from them:

Provided that where the Trustsale any land aethahwement having been undeart thereon, it sha olter the land in the first instancewhom it was acquired, if they desire toments as to its improvement and , to impose.

(3) Nothing in this Act shal] be constrTrust to dispose of land by way of gift,put subject as aforesaid reference Jand shall be construed as referenceswhether by way of sale, exchange or ke right or privilege or otherwise,

Proposes to ulepose of by rtaken or carried

to the persons fromPurchase it, subject to such require.Ise as the Trust may think fit

ted as enabling the t |! Mortgage or chargeSin this Act to the disposal ofto the disposal thereof in Any manner ’‘Ase or by the creation of any easement,

CHAPTER VIII

Frvancre

61. Improvement Fund.—(1) A fund tobe called ‘the Improvement Fund’ of the place where the principal office of a Trust is situated shallbe constituted for each Trust as Soon as it is formed.

(2) There shall be credited to this Fund—

(i) such sums as may be placed by the State Government at tho disposal of the Trust, from time to time, either by way of loan or as subsidy;

(i¢) such contribution from the Municipal Board as may, from time , time, be ordered by the State Government to bo made, after considering the relief or addition to the resources of such Board accruing or likely to accrue from the schemes undertaken by tho

itt ts, profits, and sale proceeds of all lands, buildings, andotherpowete vested or vesting in, or acquired by, tho Trust under this Act ;

i ri ion of thoi the Trust with the provious sanction o State dere ant eabjest to the presoribed conditions, for any of tho Purposes of the Trust} and

(v) all fees and charges payable to or received by the Trustund er

this Act. ae Thare as & cone62. Trus levy belterment charges. (1) W rarea, the

; tenpe of =; enhavingbeen executed by the Thoo +S morusseul Value of any 0 rty in that area, in the opinion of re State Government, or willincpaae the Trust shall, with the sanclionoft »any person having:he entitled tolevy upon the owner of tho poe “the jnoreaso in the

vest therein a betterment charge in i xeauttion of the scheme,et valuo ofthe property resulting from the e2

mitt") H E ”WJ‘W 3» mu "m / 't improﬁ‘mcm and uSc, have. an o l S . pportunitv 'to obtain tln‘ mediation gmtablﬂ to tliur reasonable Nqniu‘nn‘nts on It ruin acmm. dm‘ n‘giﬂ'd to the price. at \VlllCll any Such 13“th lwn or run: scttlml Willi qnm ti {min them: Provided that Whom tho Trust. ‘19 “1" land without any inipmvcniv & ‘ ' ' ‘ \ - . . out ‘hcrwn, it. shall ofhr tho land iii ilio inst Illsitmt‘u to tho pt‘l‘rtmlﬂ from whom it “.33 3L:(‘liul‘.t‘tl. If they tlcsmo to purchase it. subject to Hlt‘il minim“ ments as to its imprm emcnt and “Se as the Trust. ll\:\\‘ tliink fit- prol‘oscn to «lislimso of by nt liming been lllltit‘l‘ltl «n or carricil (3) Nothing in this AOi‘ Shall be cousin Trust to dispose 0f land by way of gift, but subject as aforesaid references in this Act. to tho disposal of land shall be construed as references to tho disposal thereof in nnymamwr, ‘ whether by way ufsale, Giuliangc or leaso or by tho creation of my casi‘nicnt, right or privilege or otherwise. led us (‘nahling llio mortgage or elmrgn CHAPTER VIII FINANCE 61. Improvement Funds—(l) A fund to hocallul ‘the Improvement. Fund’ of the place Where. the principal ofﬁce of a Trust is situated shall be constituted for each Trust as soon as it is formed. (2) There shall be credited to this Fund— (i) such sums as may be plaCed by tho Stato Government at tho disposal of the Trust, from time to time, either by Way of loan or as subsidy; ' ' ' ' ' from " contribution from the MuniCipal Board as inn), timfauth lStiiiiile be ordered by the State Government to ho made, after considering the relief or addition to the resources of such Donut accruing or likely to accrue from tho schemes undertaken by tho- ‘ lands buildings, L, roﬁts, and sale proceeds of all .' . antiutiihieli'eplriiiigrt§ vested or resting in, or acquired b), the Trust Under this Act ; ' " ‘ ' f tho ' Trust With the proi ions sanction o Stég)£fm:hgzeiiibjzgtttloethe proscribed conditions, tor any of tho purposes of the Trust; and (1)) all fees and charges payablo to or received by the Trust under his Act. V . 'm. . ‘ . .., (,mgrmcnt churgcsu—Sil \llnuo 'llﬂ‘llttum ‘ ugizne ﬂower oth’ilifiig'illléwa" “xwulcflpy thft “EFF lsltl lliil‘ﬁ i‘i‘ii‘i‘dascil stiluc 0fan 3111).; 5" If? in that area, in the opinion oi tliii1 g :11“; Government. 0: Wﬂlincrgage Elie Trust shall, With the emotion?“ (3mm poison haviiltl‘ .58 entitled to ievy 1113011 ﬁle owner 0? tho Pmthgf 0:110 ~increase in the rest. therein a. bottciment oliargo m rt‘SPil‘O' xccution of the sclit‘mO. at value Ofll'ic 'prnpi-i-ly resulting from I 10 C‘- . 23

do crear TATA, BETEA 2, Rene amy

| . JING.

t by which the market valuo of the properly on the bor, Tou, schemo, estimated asif the property Were Pein

. ‘ a . C

aulue of the property prior to suc) exegn

(2) Such botlormont charge s hall be an amount equa] to,

wu)

of the amount

of the execution of t he me,

buildings, execeds the mar ket v

estimated in like manner,

63. Assessment of betterment sharpie tl) bei it, wppearg 1 le

Trust that any particular scheme ba muitiolqnity ac vongse p enablethea tay of the bolterment charge to be determined, : eer may, 'y AN Orde “tt

in this behalf, declare that, for the ait i Je “ cd dod the botternnen charge, the execution of the scheme shot be foie, © Have beenCor, pleted and shall thereupon give notice in WI iting a he ownor of the Property or any person having an interest therein that tho Trust Proposes LO assess the amount of the betterment chargo in respect of the property underBeCtion 62,

(2) Tho Trast shall then ASHORE the amount of the bellerment chanyy payably by the person concerned wflergiving such person an Opportunityto be heard and such pervon shall, within three months from the dateof receipt of the notice in writing of such asvessment from the Trust, inform the Trust by a declaration in writing that he accepts the assessmentor dissents from it. (3) When the assessment proposed by the Trust is accepted by the person concerned within the period specificd in sub-seetion (2), such assessment shall be final.

(4) If the person concerned dissents from the assessment or failsto give the Trust the information required by sub-section (2) within theperiod specified therein, the matter shall be determined by arbitratorsin the manner provided in section 64,

64. Settlement of bellerment charge by arbitrators—(1) For thedetermination ofthe matter referrcd to in sub-section (4) of section 63, theState Government shall appoint three arbitrators of whom one at leastshall have special knowledge of the valuation of land,

(2) The arbitrators shall follow such procedure as may be prescribed,

(8) In the event of any difforonco of opinion among the arbitrators,the decision of the majority shal] i as dof the arbitrators, jority shall prevail and that decision shall be the award}

(4) If any arbitrator dies, regi i is

. au . &us, or is removed under sub-sectl0 (5) or refuses or neglects, in the opinion of the State Government, to perform is dutics or becomes ince or ‘ téGovernment shal] forthwith ors of performing the same, then the Staof such arbitrator. *ppeint another fit person to take the plac?

thinks Oa the Stato Government ig batistied after such inquiry 48 i

. (a) that an arbitrator has: } ‘ StateGovernment may removehim n misconducted himself, the § om his office; or

we metre Ire-w, m 3. gtue “m k ( ll . in . 1. by which the market vuluo oi the pmpel'ty on the 00° fnunh nelunie,esiimuiedusil the property Were .I’etign . n (I nine of the property prior to 6110]; “02:11:.“ (1) S‘ueh bollernmnt ehurgo 51ml] be an amount. Hillel 10( L L of the umoun - ‘ of the execution 01 the , , buildings, exceeds the murhct \ estimated in like manner. 61. Assmmumt of (u‘llu'nurll (flange—(l), VlVlierle. It “P“Curgt he Trust that nny pin'l iculur Hclu‘nu‘ is suiheiently nj‘h MIN (. to enable ”10a Hm ofthe betterment change to be delernnncd, t'lm'l'yllul ',]_M-‘l’- ’.Y an order ad; in this belie-1f, (loollu‘u thui, ior the plll'1)().‘i(;}(r ‘ (In filillilltlllgl' the betterment charge, the “mum,“ of 1.1“, thplnl') slur" .JL “ﬁlm” 0 lave ]) 00m. pleth and shell tlu‘l‘oupml LIIVO 1"” 1"“ “1. “ 1 'L’J'S L0 "1‘0“WHC‘FOfthepmmty or any person having en interest therein that the .Lrust proposes to {13% the umonni of ihc betterment cluu‘go 1“ 1‘091’0‘" 0f “‘0 property under Section 62. (2) 'J‘JlU '.l‘nn~l hllttll (In H user-rm lhenmount ofthc lu-llennenteharq pnvubln by l-llupm‘wn concernul wiler'girmg Mich porno” nu opportunit 10-1)” hem-d and such pen-“n :dmll, Within three months born the date of receipt of lhe notice in Writing: oil'euch usrcx‘uinent mun the Trust, inform the Trust by u deoluruiion in Writing that he accepts the assessment or dissents from it. (3) When the assessment proposed by the Trust is accepted by the perSon concerned within the. period specified in sub-section (2),such assessxnent shall be final. (4) If the person concerned dissents from the assessment or fails i to give the Trust the information required by sub-section (2) Within the period specified therein, the mutter shall be determined by arbitrators in the manner provided in Section 64. 64. Settlement of bellcrmcnt charge by arbitrators.—(1) For the determination of the matter referral to in sub-section (‘1) of section 63, the State Government shall appoint three arbitrators of whom one at 18%“ Shall have special knowledge of the valuation of land. (2) T110 m‘bitl‘al 01's shall follow such procedure as may be prescribed. (3) In the ment- or any difference of opinion among the arbitrators, the decision of the ma'orit * h 1 ' - - d of the arbitrators. J 3 5 a lpr overland that deersron shall be the war I (4) If any arbitrator dies resi ' . n . , : gm, or is removed under sub-$90"lo (5) or refuses or neglects, 111tho Opinion of the State Government, to perform his duties or becomes ‘ ‘ x i. - t9 Govermnent shall forthlilil'lzidfablc of leformmg tho same, then the SW of such arbitrator. appoint another i'it person to take the place tlun‘ ks high“ the MM” GOVOI'lIUJL‘lllv is satisfied after such inQuiry as it . (a) that an arbitrator has ' . I Gm“ GOVOrnmont, may 1'0m0\‘e.him fr mlBCOnducted hungelf, the L. om his office; or 24

git ¥ (*) THETA CHIH, TTT 4, NEKR ed

—_—_—_—

(b) that the award of the arbitrator has been i ’ cured or that any arbitrator has misconducted Himselfin ona tion with such award, the State Government may set aside the awed

(6) An award which has not been set asi ment under clause (5) of sub-section

(5) ANBIU te eieey rade ea Govern.

questioned in any court. shall not be

(7) The provisions of the Arbiration Act, 194 1940) shall not apply to the arbitration under thiscevtions Act 10 of

65. Payment of betterment charge—(1) The betterm4 . nt ch Sew mend this con aan Seperate in such number ofinstalments and each instalment shall be payable at such ti id in such : befixed by regulations made in this behalf. eB EE DELLE DT

(2) Any arrear of betterment charge shall be recoverable in the

manner laid down in the Municipal law for the time bcing in force for the

recovery of municipal claims. :

66. Custody, investment and application of Trust Fund.—(1) All

the moneys of the Trust shall be keptin a Government treasury oF

sub-treasury or a bank to which the Government tre asury business has

been made over.

(2) Nothing in the foregoing sub-section shall be deemed to

preclude a Trust from investing, with the previous sanction ofthe State

Government, any such moneys which are not required for immedia

expenditure, in any of the securities described in section

20 of the

Indian Trusts Act, 1882 (Centra l Act 2 of 1882) or placing the

m in

d by the State Government. fixed deposit with a ba

nk approve

ljed towards meeting the exp enses

(!) penta Fund shal! i ren of scheme

s framed and sanctione d

mee te a in thea dministration of the other

provisions of this

Act and for no other pur pose.

: i h for m and

“ygt.—Lhe Trust shall prepare in

suc

at we oust a eg ree pe prescribed & bu

dget inrepent ad

financial oar ore atauing showing

the estimated an a and exper it v

of the Tiast and sha ll forward to the Sta

te Governmen such n u

copies thereof as m ay be prescribed.

aintain proper

1 statement of dtate

, m

68. Accounts and. andit.—() The Trust e ns

accounts and other relevant recot"s and Pelhh fo rm as the

aecounts including the pala nce slicel i bie

Government may preecribe-

m 3*(19) Wm (IR-n, m 3' 2"“ 1“? f (b) that tho aWard of the arbitrator has b ' - cured or that an)’ arbitrator has misconductcd illegal-$523511), pro- “it-ll such award, the State Government may set aside the avgzrilon (6) An award which has not been 8 't ‘ . mcnt Imderelause (b) of sub-section (5) ”hillaﬁglchllgl t:redSt;tial GOZ'CTH- questioned In any court. a s a no be (7) The provisions of the Arbiration Act 194 - 1940) shall not apply to the arbitration under this sgcdghlnml A“ 10 0f 65‘ Payme’” of bet‘e’mc’“ charge —(1) The bette ' ' ' rment h levxfdundiar thtls 113011; (15,118.11 bebpayable in such number of instalmenfs1:31ng3 car 1 ms a men s In e paya e at Such tim id . _ h ‘ be fixed by regulations made in this behalf.e er in sue manncr as may (2). Any arrear of betterment charge shall be recoverable in the manner laid down 111 the Municipal law for the time being in force for the recovery of mtmicipal claims. ‘ 66. Czwtody, investment and application of Trust Fund—(1) All the moneys of the Trust shall be kept in a Government treasury .or sub-treasury or a bank to which the Government treasury business has been made over. (2) Nothing in the foregoing sub-section shall be deemed to preclude a Trust from investing, With the previous sanction of 'the State Government, any such moneys which are not required for immediate expenditure, in any of the securities described 111 section 20 of the Indian Trusts Act, 1882 (Central Act 2 of 1882) or placing them in d by the State Government. ‘ fixed deposit with a bank approve ‘ l'ed towards meeting the expenses (4) The Trust Fimd SIHH be aDthbf schemes framed and sanctioned inc ' t1 rust in the carrying0 _ , , . unggietliigyActe End in the administration of the other prowsmns of tins Act and for no other purpose. / ' ' h form and a . 5,—The Trust shall pmparc 1n sue at “[33; t'Bungf rOf tzerddLina’y be prescribed a budgetm respect (212211;: financial 1?:Eeitin3gumg showing the estimated receipts amhexpfilibdr of 0f the Trsuszt and shall forward to the State Government suc nu ,°°Pies thereof as may be prescribe . ' hall maintain proper . t.-— 1) The Trust 8 A l‘ 68. Accounts and. (“uh (is and prepare an annual statemeptaoe II-ceounts and other relevant recorc . , , um u" the “Mounts including the balance LillL‘CL ”1 ““11 R u Government may prescribe. 25

¥2 THETA THA-TA, ANET 3, Lee mny r

(2) The accounts of the Trust shall be eibjet toaaytenrainor it and the provisio mann by the Examiner of Locul Fund Audit anc © PTOVisionsof th, 22 ual]Local Fund Audit Act, 1954 (Rajasthan Act 38 of 1954) shal) apie

69. Annual Report.—The Trust shall prepare for every ye° ar o \of its activities during that year and submit. the report. ‘to the PortGovernment in such form and on or before guch date ag rua tt

. yprescribed. 7 be

70. Pension and provident funds.—(1) for the benefit of its officers and other em suhiect to such conditions as may b provident funds as it may decm fit,

(2) Where any such pension orprovident fund has been CONStituteythe State Government may declare that the provisions of the Provia,.:Funds Act, 1925 (Central Act 19 of 1925) shall apply to such fund asifywere a Government Provident Fund. I 71. Failure to repay loans or other dues.—If the Truany loan or any interest or costs in re

ditions of the loan, the State Gove income of the Trust and apply th other dues.

St fails tospect thereof, according 10 the ey,rnment will attach the rents and othee same in satisfaction of such loan and

repay

CHAPTER IX

GENERAL PROVISIONS A5 TO IMPROVEMENT. 72. Restrictions on ry)

into operation in any provement in certain areas.—(1) Afte

Notification of the area of a master

salction of a sche

r the coming plan as provided in section 7 or the me as provided in section 38—

(i) no improvement shall be undertaken or carried out in thatarea wiless it is in accordance with tho master plan or the scheme, 0the case may be, and

(1?) no improvement shal] be undertaken or carried out in sucharea by any person or department of Government unlcss perluission for the same hag been obtaine ion

dinwritinginaccordance with thsprovisions of section 73—

. _ (2) from the Trust. in case a scheme relating thereto bs veen notified, or

(>) in case a master »] “ae tha +. in operationfrom the MunicipalBoard. an Telating thereto is in operwoe Oe : f no. © exercising jurisdiction therein oT!such Board eYercisa . . . e gut

8 Jurisdiction, from the Collector ofother officer or authority as may be authorised in this - by the State Government.

(2) After the coming into o . rgcben®No per, se OT twa? beration of a masterplan 0 x0? .whieh they Use OF permit to be uscd any land or building in thevid that plan

an or scheme r otherwise than in conformity elatesor scheme ;

t‘o’? imam rim-W, 3mm 3. mm “In x (a (2) The accounts of the Trust shall he. suhjm ‘ . - . lit and the rovisi , 1 am“ 1 , Ll Lnnnunei of Local Fimd A_u( . p ms of” . Ian lihcailCFund Audit Act, 1954 (Rapisthan Act .38 of 1954) 8118.11 spigwhat 69. Annual Report—The Trust shall prepare for (‘Very n - ar ofits activities during that year and suhnut ‘1 the report to thorol’OTt Government in such form and on or before such date as mutilate In‘CScribctl. I be '70. Pension and provident fmuls.——(l) The Trust for the benefit of its officers and other employees, in 81 snhiect to such conditions as may be prescribed, 81 provident funds as it may deun fit. shall eerstiut ' lCll manner “‘1: 1011 pension an ll (2) Where any such pension orprovident fund 1‘1'5b00110011st31uud the State Govm-nnn-nt may declare that the provisions of the Funds Act, 1925 (Central Act 19 of 1025 rovid ) shall apply 1'0 81101) fund as it]: were a Government Provident Fund. 71. Failure to repay loans or other (lacs—II the Tru any loan or any interest 01' costs in re ditions of the loan, the State Gore income of the Trust and apply th other dues. st fails to spcct thereof, according to the (on. rnment will attach the rents and othu e same in satisfaction of such loan and rcpav CHAPTER IX GENERAL PROVISIONS AS TO mmovwsm. 72. Restrictions on imprm'cmcnl in certain areas—(1) After the coming into operation in any area of a master plan as provided in Section 7 or the notification of the sanction of a scheme as provided in section 38—- (i) no improvement shall he luulcrtaken or carried out in that area miless it is 111 accordance with tho master plan or the scheme. 93 the case may be, and (it) no improvement shall be undertaken or carried out in such ai'f'a_by any person or (lt'lml'tment of Government 111WSS 1“ mission for the same has been. obtaine . . d in “Titinginaccordance Withthe pl‘OVIBIOIIB of section 73—- . (a) from the Trust in case a. scheme relating thereto h” .Jcen notified, or (b) in case .a master plan relating thereto is in .OPem'téoilté from the Munimpal Board exercising jurisdiction therem 01.1511" such Oﬁrd exercises jurisdiction from the Collector 0r 118If other officer or , authoritv r ' ,d 'n this be by the State Govemmmtfis may be authorise ] (3) After [11 110 person shall Use to which the pi that plan . . ' ' club 0 comm; mto operation of a master plan or “118"” or permit to be an or scheme relates usul any land or building in the with .or scheme : otherm'se than in cont“mnty 26

. (x) CUMEATA TINT, TTT 8, Weve avy wt

— vided that it shall be lawful {0 continue {to use, upon such terms

rTitiont8 as may be prescribed by 1 gulations made in this behalf,and had or buildings for the purpose and to the extent any ‘*

. for and to whichbeing used Upon tho dato on which such plan or g¢ ns

heme comes intoiti force. .,

73. Application for permission.— (1) Every | Government desiring to obtain the permission referred to in section 1. shall make an applicaticn -in writing in such form and containing

ch particulars in respect ofthe improvement to which the applicationmates as may be prescribed by regulations,e ~ ° (2) Every application under sub-section (1

py such fee a8 may ho prescribed;

person or department of

) shall be accompanied

Provided that no such fee shall) be cation made by a department of the G

(3) On the receipt of an application for permission under sub-section(1), the officer or authority competent under section 72 to grant the per-mission, after making such inquiry as may be considered necessary in relationtoany matter, shall, by order in writin g, either grant the permission, subjecttosuch conditions, if any, as may be specificd in the order or refuse togrant such permission:

necessary in the case of an appli- overnment,

Provided that, before making an order refusirg such permission, theapplicant shall be given a reasonable opportunity to show cause why thepermission should not be refused. (4) Where permission is refused, the grounds of such refusal shallbe recorded in writing and communicated to the applicant in the mannerPrescribed by regulations.

(5) A register of applications for permission under this section€ kept in such form as may ke prescribed by regulations.

(6) The said register shal] contain such particulars includirginformation as to the marner in which applications fcr permissicn have fen dealt with as may be prescrikcd by rcgulaticrs ard shall be availableOF Inspection by any member of the public at all reasonable hours cn pay-regulans such fee not excecding rupecs five as may be prescribed by‘ions.

shall b

(7) Whereor permission is refuscd under this secticn, the applicantaly person ¢] the foe aiming through him shall not be entitled to getrend of Tefund } 2 on the application for Fermissicn but, on an ayplication or of the rene made within three months cf the communicaticn cf the grcunds Proper ~v8al under sub-section (4), sech portion of the fee as may seem

m the circumstances of the case may be refunded.

CHAPTER X

Ruts AND REGULATION 7 :

Maker Power of Government to make rules-—(1) The State Government may“8 consistent with this Act— +d from the. , roTrust an the authority on which money may be paic

mam net-rm was t. me m V (“l vidcd that it shall be lan'ful to continue to use, upon such term; PrOlitions as may be 1*1'0801'11’9‘1 1W N gulntit 19H made in this behalf, and {$13 or buildings for the purpose and to the extent any a . for and to which ‘ being used upon the date on which such plan or scheme comes into it 15 force. 73 Application for pcrmim‘on.— (1) EVcry Goycrlmient desiring ‘0 obtain ”N? permission referred to in section 211; shall make an 'tmlllcnhm lll. writing in such form and containing 11 particulars in respect of- the. improvement to which the application sulcnm as moV be prescribed by regulations. no I ‘ {Y1 ﬁ person or department of (2) Every application under sub-section (1) shall he nommpmﬁml by such fee as may be prescribed: Provided that no such fee shall be cation made by a department of the G (3) 0n the receipt of an application for permission under sub-section (1), the officer or authority competent under section '72 to grant. the per- mission, after 111aking such inquiry as may be considered necessary in relation to any matter, shall, by order in writing, either grimt the penuission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: necessary in the case of an appli- overnment. Provided that, before making an order refusirg such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (4) Where permission is refused, the grormds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations. (5) A register of ap plications for permission under this section 6 kept in such form as may be prescribed by regulations. (6) The said register shall contain such particulars including i111'01‘mati0n as to the marner in which applicatim s fer pcrmissicn have em} dealt, With as may be preseribcd by 1‘(g11]iltlf1‘s and shall be available or inspection by any member of the public at all reasonable hourscn pay- :gﬁugf such fee not eXCecding rupees five as may be PICSCTIbEd by sons. shall b (7) Where 01. permission is refused under this secticn, the applicant h any person c] t e f0 aiming through him shall not be entitled to golf; rotfyndfOf “fundeb an on the application for permissxen but, on an RIP 11C“ ‘0“ ‘3; of the mug made within three months cf the (on‘municatien cf t 1e grcuLm Pro 1:9 Usa Ullder sub-section (4), such portion of the fee as ma) sec per 111 the circumstances of the case may be refunded. CHAPTER X RULES AND REGULATION at {1le 0-0;] . f l C 143111173671.th make ,ﬂleS.—_ ( I ) a he State G0 ‘ enlnlenl Ina? T (a a 1 ant Wit-h this Act— 1 'd 1101]] ”I? . W . ma: (’ Pat] ‘ . ' 27

; stiree eveeve craeata erred, STE Y, t tm ¥ (n

' — eid rt

te ” , for a copy of or extra- prescribing the focs payable ) otsf,

t] (b) fore“int ander scotion 36 or section 73; om

Ne se

on which officers and servants Of thesondibions ° '(c) as to the conditio professional skill may bg 8ppoin,Trust appointed to offices requi ring

ted, suspended or dismissed ;

intermediate office or cflices, if any, through Which(d) as to the Trust and the State Government or offer,correspond nce between the thereof shall pass ;

(e) as to the manner and form in which the Trust shall maintain accounts and prepare an annual statement thereof including the balang, sheet ;

i 7 litions subject to whichas to the authority by whom, the conc and W mode in which contracts may be entered into and executed on behalf of the Trust ;

(9) a8 to the form in which and the time at which the Budget shall be prepared;

(h) as to the returns, statements and reports to be submitted by the Trust ;

(t) as to the mutual relations to be observed. between eke ae and other local authorities in any matter in which they are jointly interested ;

(3) for regulating the grant of leavo allowances and acting allow: ances to the officers and servants of the Trust ;

(t) for establishing and maintaining a pension, provident o annuity fund, for compelling all or any of the officers in the aie of the Trust to contribute to such fund at sueh rates and subject :such conditions as may he prescribed and for supplementing 84contributions out of the funds of the Trust:

_ Provided that a Government servant employed as an officer &Servant of the Trust shall not be entitled to leave or leave allowalotherwise than as may bo rj iti f his serviceprescribed by the conditions of hisunder the State Government ; yee.

(1) for determining the conditions under which the officers a Servants of the Trust or any of them shall, on retirement, TPsPensions or gratuities or compassionateallowances and theamount such pensions, gratuities and compassionate allowances}

_(m) for regulating overy m : -. Aot, may be or is required to be proscribed gyno under this Act,

28 | id

. ’ ‘ an [N "mum Home new I. 2 ham 3 (l) I .- m—‘ﬂ'u- 'M \ . . , . . for a copy of or our . . rlhm ”10 ﬁvaﬂP’“ . not”, th' lghiﬁtlidI-Ixftwlist lﬁldul‘ neutron .35 or section 73; 0m , l? x ml which ofﬁcers and servants of it e . ditionﬂ - ' (C) as to the con Professional skill may be “Prom. Trust appointed to oliiees reqlurmg ted, suspended or disnussed ; ate olTice or (mces, if any, through which ' - ‘di (d) as to the mtenm Trust and the State Govemmcnt ”031cm correspondi nee between the thereof shall pass ; (e) as to the manner and form in which the Trust .ﬂhu'" mainmn accounts and prepare an annual statenu-nt thereof including the balm“ sheet ; ° ' ' " bjeet to wh' h as to the authority by uhom, the conditions su 1c and the mode in which contracts may be entered Into and executed on behalf of the Trust ; (g) as to the form in which and the time at which the Budget shall be prepared; (h) as to the returns, statements and reports to be submitted by the Trust; (5) as to the mutual relations to be observed between theflfrust and other local authorities in any matter in which they are Jomtly interested ; (j) for regulating the grant of leave allowances and acting “110W anees to the ofﬁcers and servants of the Trust ; (’0) {Or establishing and mahltaining a pension, provident _0’ annuity fund, for compelling all or any of the ofﬁcers in the afar-rice of the Trust to contribute to such fund at such rates and subject to Buch conditions as mav be prescribed and for supplementing 3“ contributions out of the funds of the'Trust: _ Provided that a Government servant employed as an 0mm“ Servant of the Trust shall not be entitled to leave or leave “110““?e otherwise than as me. . . _ _ “'19“ y be )rescribed b } 1 s ofhls so under the State Governmdnt ; y t 10\conution s (thorfdetermuung the conditions under which the oiﬁct‘l"8 “g ervan s o the Trust or any of them shall on retirement, recalof pensions or gratuiticf; 0r compassionate allodvances and the 1111101111t such pensions, gmtulties and compassionate allowances; , (m) for regulating ever In ' ' t may be or is required to be presorlfbedaftghdwmdlJ under this AO ’ 28 . A

at ¥ (4) SETAE, AMET B, RARL ba eT h ®(n) gonorally for the guidance of Trusts and public officers inall matters connected with the carrying out of the provisions of thig

Act. (2) The power of the State Government to make rules under thisis subject to the condition of the rules being made after previous4 ication and of their not taking effect until they have been publishedae official Gazette.

15. Powerof the Trust tomake regulations.—(1) Every Trust may, fromtime to time, make regulations consistent with this Act and with any rules made under this Act hy the State Government—

a) for fixing the amount of security to be furnished b or nant of the Trust from wl y 'Yy any Officer: om it may be deemed expedient to require security,

(b) for associating members with the Trustunder (c) for appointing persons,

associated with the Trust unde mittees under section 20,

(d) for regulating the delegation of powers or duties of the Trustto committees or to the Chairman, (e) for regulating, summoning and holding of meetings of theTrust and the committees appointed by it and the conduct of busi-

ness thereat,

section 19, other than Trustees and persons r section 19, to be members of com.

(f) for the guidance of persons empolyed by it under this Act, (9) for prescribing the fees payable for copies of documents deli-vered under sub-section (3) of section 33 or under section 76, (h) for the management, use and regulation of dwellings cons-tructed under any scheme, and

(t) generally for carrying out the purpose of this Act.

(2) All regulations made under sub-section (1) shall be subject wv the Sanction of the State Government and shall, when so sanctioned, be Rotified in the official Gazette.

18. Printing and sale of copies of rules and regulations.—(1) The Chair- “an shall cause al malee ahPia section 74 and all regulations made ander section 75 and for the time being in force, to be printed and shall spe erinted copies thereof to be delivered to any applicant on payment of

eich fees as may be prescribed by regulations.

. (2) Notice of the fact of copies of rules and regulations being Why vaele at the said price and of the place where and the persons a

Bromine’ Same are obtainable shall be given by the Chairman by

~Yettisement, in & local news-paper.

15,14, Power of Government to cancel regulationsmade under section

. net Tescind any regulations made by the Trust Man i Per

‘Sned, and thereupon the regulations shall cease to have elect.

in“ em mm‘” m 3. mu: m / h o (a) generally for 11.0 guidance of Trusts and public oﬂicers in all matters commuted With the carrying out of the provisions of this Act. 2) The power of the.S_tate Government to make rules und r thi ion is( subject to the condition of the rules being made after pfeviou: . . ,ion and of their not taking effect until they have been published the oiﬁoial Gazette. 75, Powcrofﬂic Trust to make regulatimza—(l) EveryTrust may, from time to time, make regulations consistent with this Act and with any rules madouudcr this Act by the State Governmen — a) for ﬁxing the amount of securit to be furnished b or sei‘vant of the Trust from wl y Y any 0ﬁcer . . 10m it may be deemed expedient to require security, (b) for associating members with the Trust under (c) for appointing persons, associated with the Trust unde mittees under section 20, (d) for regulating the delegation 'of powers or duties of the Trust to committees or to the Chairman, (e) for regulating, summoning and holding of meetings of the Trust and the committees appointed by it and the conduct of busi- ness thereat, section 19, other than Trustees and persons r section 19, to be members of com- ( f) for the guidance of persons empolyed by it under this Act, (g) for prescribing the fees payable for copies of documents deli- vered under sub-section (3) of section 33 or under section 76, (h) for the management, use and regulation of dwellings cons— tructed under any scheme, and (1') generally for carrying out the purpose of this Act. (2) All regulations made under sub-section (1) shall be subject ‘ ' tile Sanction of the State Government and shall, when so sanctioned, be " 'ilﬁed in the ofﬁcial Gazette. 76- Pn‘ ' 'es 0 rules and r ulatiom.—(l) The Chair- 'f'an shall caligdngllai‘zglgglfngfd?ﬁhderf section 7499and all regulations made u'der section 75 and for the time beingin force, to be. printed and shall use Printed copies thereof to be delivered to any apphcant on payment of ’ fees 83 may be prescribed by regulations. \ i‘ le at the said ‘ and of the lace where and the persons from .v . he Same areprdhiainable shill be given by the Chairman by ‘ ert'186ment in a. local news-paper. . (2) Notice of the fact of copies of rules and regulations being 'mab - 0m '7. 77' Power of Government to cancel reguiaiimeWd” “fan FTPG State Government may. after premus Pubhwffﬁ f; 1:” 7 .eni'lon’ reMind any regulations made by the Trust w m 1 ﬂ' is chimed: and thereupon the regulations shall 08850 130 have e co ' 29

eve cererret Tet, orTeT RAMS am y (

— i*!

CHAPTER XI

PROCEDURE AND PE NALTIES

78, Stamping signalure on notices orbills —Fi very notice or })) wh

ia required under this Act to bear the signature of the Cha

irman oy ¢-

other Trustee or of any cfficer

be properly signed if it be ars a

or of such other Trustee or of suc

stamped thereupon.

Ih ' r

or servant of the Trust sha ll he deemed

)

facsimile of the signature of the Chg h ciicer or servant, a6 the cage tay f. a

79. Public nolice how to be made known. —Kivery public notice piv

under this Act shall be in writing over the signature

of any officer of t,

Trust authorised in this behalf and shall be widely made known jn the

locality to be affected thereby b y affixing copies thereof in conspicun

public places within the said locali ty, or by publishing the same by

beatof

drum or by advertisement in local news-p aper or by any two or more of these

means, and by any other moans th at the Trust may think fit.

80. Service of notices, ete.—(1) All n otices, orders and other documents

required by this Act or any rule or re gulation made thereunder to be servd

upon any person shall, save as other wise provided in this Act or such rule

regulation, be deemed to be duly served —

(a) where the person to be serve d is a company, if the document

is addressed to the secretary of the compan y at its registered Bie

or at its principal office or place of busin ess and is either—

(i) sent by registered post, or

(ii) delivered at the registered office or at the principal of or place of business of the company ;

____(b) where the person to bo served is a partnership, if the documeat

is addressed to the partnership at its principal place of busincts, ae

tifying it by tho name or style under w hich its business i6 carri¢ 0M,

and is cither— (i) sent by registered post, or

(it) delivered at the said place of businces; |

or society or other body, if the document is addressed to theBoers’ treasurer or other head officer of that body, corporation oF pool’

its principal office, and is either—

(4) sent by registered post, or

(it) delivered at that office ;

. ; reo

(d) in anyother case, if the document is addre esed to the Pf

to be served and—

(i) is given or tendered to him ; or

egg WWW Vim-W; am 3. 2‘2”. W"! 't h) .— \ CHAPTER fXI Pnoonnumc AND anrmns 78. Stamping signature on notices or Lilla—Every notice or bill M is required under this Act in beer the signature of ”iv ('llnirmnn (, ‘ other Trustee or of any emcer be properly signed if it bears a or of such other Trustee or of suc stamped thereupon. id; . r or servant of the 'J rust shall he ”Midi? I fnesimile ofil‘e signature of u”, ”Mi: h (fneer or servant, us the in” lacy)?“ , I I 79. Public notice how to be made humour—Every public “0““ ”3"“ under this Act shallbc in writing overthe signature of any Ofﬁcer Oilb Trust authorised in this behalf and shall be widely made known in it; locality to be affected thereby by affixing copies thereof in conspicuou' public places within the saidlocality, orby publishing the some by Lena drum or by advertisement in local news-paper or by any two or more of lbw, means, and by any other menus that the 'J rust may think ﬁt. 80. Service of notices, etc.——_(l) All notices, orders and other ammo. required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rulcor regulation, be deemed to be duly served— (a) where the person to be served is a company, if the docummi is addressed to the secretary of the company at its registmd (ﬁre or at its principal ofﬁce or place of business and is either-— (i) sent by registered post, or (ii) delivered at the registered oﬂicc or at the principal 0m“ or place of business of the company ; ' (b) where the person to be served is a partnership, if the dowel?!“ 15; addressed to the Partnership at its principal pl'ace of busnnl-‘fji 1‘ 'n' tlfymg It by the name or style under which its business is carm on, and is either—- (1') Sent» by registered post, or (ii) delivered at the said place of business; 1 (c) where the person to be served is a public body 07' a “ﬂotation. or society or other body, if the document is addressed t0 ”1” ”w- ”at treasurer. or other head ofﬁcer of that body corpf’mtion or we": its prmmpal oﬁice, and is either— ’ (i) sent by registered post, or (ii) delivered at that ofﬁce : . ' r90“ (d) m anyother Case, if the dooumcnt is addressed to ”‘0 P" to be served and— (i) is given or tendered to him I; or 30 ;

a ¥ (®) __Steart THT, amet a, eeyd Gey (tt) if such person cannot be found.

is a a 2 Teouous part ofhis last know »,18 affixed on some conspiN place ofresidence or busi if withij te at > or business, ifwithinthe State or is given or tendered to some adult member of hisfamily or is affixed on some conspicuou

nil ed o , 8 part of th dbuilding to which it relates, oy , —(iit) is sent by registered post to that person,

(2) Any document which ig Tequired or authorised to be served ontho owner or occupier of ally land orbuilding may be addressed to “theowner” or “the occupier”, as the case may be, of that land or buildingnaming that land or building, without further name or description, and shallbhodeemed to be duly served— . .(2) ifthe document so addressed ix sent or delivered in accordancewith clause (d) of sub-section (lL); or

(b) if the document sv addressed or a copy tis delivered to some person on th uo person on the land or buildingtow to some conspicuous part of the land or building.

(3) Where a document is gerved on a partnership in accordance withhis section, the document shall be deemed to be served on each partner.

(4) For tho purpose of enabling any document to be served on theowner of any property, the Trust may, by notice in wtiting, require theoccupicr, if any, of the property to state the name and address of the ownerthereof.

(5) Where the person on whom a document is to be served is aninor, the service upon his guardian or any adult member of his family shallbedeemed to be service upoi the minor.

_ (6) A servant is not a member-of the family within the Meaning of this soction.

.81. Disobedience to Act or to notice.—Where, under this Act or & Hotice given thereunder, the public or ally person 18 zequiees bittyfelrain from doing anything, a person who fails tu comply with suchrequi- ition, shall, if such failure is not au offence punishable under we.five} Vion, be liable, on conviction by # Magistrate to a fine roe aeevontaauinged rupees for every such failure and, in the case of a >day afterreach, to a, further fino which may extend to five rupecs for ed nd havepersia’? of the first conviction during which the offender is provPersisted in the breach.

82. Powers to Trust to execute works on failure to complywit “him toice has been given under this Act to a person vncvable public or& work in respect of any property, movable or “thir within a timeif.3 oc. 6° provide or do or refrain from doing any oath such notice,Cified in the notice, and if such person fails to comply ch thing to be“t the Tust may cause such work to beexecuted or eb y if on sucene T done, and may recover all expensesincurred ‘Municipal lewor the’ from the said person in the mamer provided in 1 claims, ® time cing inforce for the recovery of muiliolpa

n ‘4' (‘) ‘ 113“qu Ila-WW, WW 3: (Eta 011mm part ofhis last known the State or :8 swvn 01‘ tel" family or is nﬂixed on some conspicuou - - . . 8 )art of building to wlueh 1!; relates, I the laud or (iii) is sent by registered Post to that person. (2) Any (lgcument, “hell is I"3‘llli1'ctl or authorised to be served on the mm“. or occuplenofﬁny land 01‘ building may be addressed to utho owner" or“the occupier -’ us “1.0 0:180 may be, of that land or building "mini; that land or bulldmg, Without further name or description. and shall .ulecmcd to be duly served— \ ' (a) ifthe document so addressed is sent or delivered in accordance “it-h clause ((7) of sub-section (1) ; or (b) if the document so addressed or a co is delivered to some person on the land or building or where there is no person on the land or building to whom it can be delivered, is aiﬁxcd to some conspicuous part of the land or building. py thereof so addressed, (3) Where a document is se rved on a. partnership in accordance with his section, the document shall b e deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the wnor of any property, the Trust may, by notice in writing, require the ccupier, if any, of the property to state the name and address of the owner i ereof. (5) Where the person on whom a document is to be served is a. inor, the service upon his guardian or any adult member of his family shall ~. 6 deemed to be service upon the minor. , (6) A servant is not a member-of the family within the ”Mining of this section. 81. Disobedience to Act or to notice—Where, under this Act or ta .otice given thereunder, the public or any person 18 reqiured 'toldo or o u- .ain from doing anything, a person who fails to comply With sue 1 reaps!- 01011, shall, if such failure is not an offence prunshable under “iii: 0 ﬁve 1 ction, be liable, on conviction by a Magistrate to a ﬁne “Otiexccccontiiunng i ed rupees fOI‘ every such failure and, 1n the case 0 a *da. after reach, to a further ﬁne which may extend to hve rupees for ever)Cd t); have w e .9450 of the ﬁrst conviction during which the Offender 15 prov "Slated in the breach. 82' Power-9 to Trust to execute works on failure to complyliitgflgi "gig-to ice has been given under this Act to a PCTSOI} mtcii’able public or 9' Work in respect of any property: mom-bk or 1-311? wit-hm a. time ' ' or to Provide or do or refrain irom domg any vmg'th such notice. mi in the notice and if such person fails to comply “i1 thing to be ellthe ”155 may cziuso such work to be executed or sucll) ' it on sue ‘ rule r one, imd may recover all emcnses ineql‘t‘cgle 3Muni¢i1§ 3.11m ‘2 Oriﬁnl’ from the said person in the manner provrdcd 3n. '1 claim. ”an" Binginloree for the recovery of minnow“ 31

ged TINEA TH-TA, ATT 2%, %94% ‘aM ¢ (v)

83. Liability of occupier lopay mdefault of owner.—(1) Tf the veel

to whom the notice mentioned in section 82 re been BIVEN 16 the, ™

of the property in respect of which it is given, the Trust may, Whether ity

action or other proceeding has been brought or taken against such Owner z not require the person, if any, who oceupies such property or a part theracs

under such owner, to pay to the Trust instead of to the owner, the ren

payable by him in respect of such property, a6 it falls due, up to the Aes recoverable from the owner under section 82; and any such payment tq,

by the occupier to the Trust shall be deemcd to have been made to the Owtes of the property.

(2) For the purpose of deciding whether action should be taken under sub-section (1) the Trust may require an occupier of Property ty furnish information as to the sum payable by him as rent on aeconn of such property and as to the name and address of the person to whom iis payable andif the occupier refuses to furnish such information he shall}, liable for the whole of the expenses as if he were the owner.

(3) All moneys recoverable by the ‘Trust under this section ghallbe recoverable in the manner provided in the Municipal law for ths time being in force for the recovery of municipal claims,

84. Right of occupier to execute works in default of owner.—Wheneve default is made by the owner of a building or land in the execution ofa work required under this Act to be executed by him, the occupier of such building or land may, with the approval of the Trust, cause such work to be exe- cuted, and the expense thercof shall, in the absence of any contract to the contrary, be paidto him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner.

85. Procedure upon opposition to execution by occupier—(l) If, aftet receiving information of the intention of the owner of any buildingorland to take any action in respect thereof in compliance with a notice iss under this Act, the occupier refuses to allow such owner to take such acti, the owner may apply to a Magistrate of the first class.

(2) The Magistrate upon proof of such refusal may make an ordet in writing requiring the occupier to allow the owner to execute all a” works, with respect to such building or land, as may be necessary for obpliance with the notice, and may also, if he thinks fit, order the occup#*to pay to the owner the costs relating to such application or order.

, (3) If, after the expiration of eight days from the date of the Mss* trate’s order, the occupier continues to refuse to allow the owner to exe such work, the occupier shall be liable, upon conviction, to a fine whi may extend to twenty-five rupees for every day during which he has ® continued to refuse.

: (4) Every owner, during the continuance of such refusal, shallbe discharged from any penalties to which he might otherwise have liable by reason of his default in executing such work.

86, Recuvery of cost of work by the oeeupicr.-When the oceupiet abuildingorland hae, in compliance with n notice given underoa Act, executedawork for which the owner of such building of land

i“ Wm mm. am it Wu. ‘mn .‘ (‘l 83. Liability of occupier topaz; m. defauttlof munch—TU) If um It», to whom the notice mentioned in section 82 "l“ lift“ 15W”! m tin, , “ ofthc property in respect of which It 1:; given, t to trust may, Whethh, '1 30mm or 011m- proceeding has been brought or taken agmnht such "WIT? not require the person, if any, who 0??"1’103. ““0“ Property or a part ”“70; under such omier, to pay to the lrust nmtead of to the owner, “mtg” payable by him in respect of such property, n8 It fi'l-lﬂ (1'10, "p to the 711mm,: recoverable from a", owner under section 82; and any such Payment m, by the Occupier to the Trust shall be deemed to have been made to the mm, of the property. (:2) For the purpose of deciding whether action should he tat,“ under sub-section (1) the Trust may rcqun‘e an .occupier of Property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whomitu payable and ifthe oewpiu. refuses to furnish such information he shall», liable for the whole of the expenses as if he were the owner. (3) All moneys recoverable by the Trust under this section shallbg recoverable in the, manner provided in the Municipal law for tin time being in force for the recovery of municipal claims. 84. Right of occupier to execute works in default of omen—Whenever default is made by the owner of a building or land in the execution of a work required under this Act to be executed by him, the occupier of such building or land may, with the approval of the Trust, cause such work to he cur cuted, and the expense thereof shall, in the absence of any contract to the contrary, be paid to him by the owner or the amomlt may be deducted out of the rent from time to time becoming due from him to such owner. 85. Procedure upon opposition to execution by occupier.—(l) If, 35:“ receiving information of the intention of the owner of any building 01’1“]! to take any action in respect thereof in compliance with a notice isav' under this Act, the occupier refuses to allow such owner to take such 36th”! the owner may apply to a Magistrate of the first class. 1 (2) The Magistrate upon proof of such refusal may make an "dz: in writing requiring the occupier to allow the owner to execute all Nth works, aith respect to such building or land, as may be necessary for “'9‘ pliancc with the notice, and may also, if he thinks fit, order the 00‘3“?” to pay to the owner the costs relating to such application or order. , (3) If: “fl-LT the expiration of eight days from the date of the W trate 5 “”1”": the occupier continues to refuse to allow the owner to ex . such work, the occupier shall be liable, upon conviction, to a ﬁne Vb“) may extend to twenty-five rupees for every day during which he has I” continued to refuse. , (4) EWU’ “WM". ‘1'}!ng the continuance of such refusal, 51131“): discharged from any penalties to which he might otherwise have math" ”5 WW”! 'Ifhm default in exveutiug such norlt. 86' ”“00""! ”I a”, "I "Wk "1/ ”'0 accu e'rr.—-Who oh nccui’l‘r fr abuildingorland has, m compliance withpa notice-25¢; under 9:: Anhexecutodawork for which the owner of such building or Md 32

a THETA TTT, TET, gaye 2¥8

her i rsuanice of the cont | t__onsible either in pursual ract of tenancy or b espe be entitled to recover from the owner, by deduction. from Yj cent* py him or otherwise, the reasonable cost of such work

elief to agents and trustees.—(1) Wh . ae ef being entitled to receive, he rent of hmnoahie propia

or agent of a person or society would, under this Act Nebowwd * discharge a obligation imposed by this Act on the owner of the pro ‘ert ‘dq for the discharge of which money is required, he shall not be bound {9

discharge ra orig edPara nas, 7 ve for his own improper act or~ might have had, anas, funds i

: ft for the purpose. slenging to the owner

2) When an agent or trustee has claimedand established his ri to sine under this section, the Trust may give him notice to erlywath lischarge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use, of the owner, and, should he fail to com- y with such notice, he shall be deemed to be personally liable to discharge

guch obligation.

88. Application of provisions relating to recovery of municipal claims.— Whenever in this Act or in any municipal law for the time being in

force made applicable by section 47 of this Act, it is provided that any sum shall be recoverable in the manner provided for the recovery of municipal claims, then, in applying those provisions, all references to the Municipal

Board shall be construed as referring to the Trust and all references to the Municipal office, a Municipal officer or the Municipal fund shall be construed

as referring to the office of the Trust, to an officer of the Trust and the funds of the ‘rust respectively.

_ 89. Penalty for removing fence etc. in street.—If any person without lawful authority—

(a) removes any fence, or any timber used for propping oF sup-

_ porting any building, wall or other thing, or extinguishes

any li ht

set up at any place where t he surface of street or other

ground has

' been opened or broken up by the Trust for the purpose of car

rying

_out any work, or

infri i hain or post

(b) infringes any order given or removes any bar, ¢

fixed by the Trust for the purpose of closing

any street to traffic,

he shall be punishable with fine which may extend to fifty rupees.

: “4¢nq,—Ifany person without the 90. Power to prevent or demolishbuilding. or viters any building

orwal of the Trust erects , _adds treet alignmen

t or

building 1 py the Trust, or erects

or Tru any building or wa

May, by a written notice—

and (a) direct tha t the erection,

alteration or add ition be stopped

: shed

_ (4) require such b uilding oF wall to

bealtered or demo

4% may deem necessary:

11mm use“, small 3: N“ we either in pursuance of the contract of tenanc o titled to recover from the owner, by deductiony frdrilytllltghell: him or otherWlse, the reasonable cost of such work elie to agents and trustees,_ 1 Wh '- ulig oi being entitled to receive, (tlle rerftfloafﬁgrizrlr’allﬁ l"lason of — or agent Of.“ person or society WOUM, under this Act Ibleollcrtyd . discharge a-11 obllgatlon Imposed by this Act on the owner of the pro 0:13, d fort-1w “chime.“ “'hmh money IS required, he shall not be boulld lg 'charge the]; topligatillo‘:1 uilﬁeﬁsshle 1138, o; bult fol: his own improper act or , ml 1 19479 '~ 3 an S, mus - digit 1%1' the purpose. eIOngmg t0 the owner (2) When an agent or trustee has claimed and'establish ' ' . . relief under this seetlon, the Trust may give him notice to 813131151311: 'sCharge of such obligation as aforesaid the ﬁrst moneys which come to -3 hands on behalf, or for the use, of the owner, and, should he fail to com- with such notice, he shall be deemed to be personally liable to discharge ..ch obligation. 88. Application of provisions relating to recovery of municipal claims.— ' henever ill this Act or in any municipal law for the time being in one made applicable by section 47 of this Act, it is provided that any sum all be recoverable in the manner provided for the recovery of municipal aims, then, in applying those provisions, all references to the Municipal "ard shall be construed as referring to the Trust and all references to the Municipal ofﬁce, a Municipal oﬁicer or the Mluﬁcipal fund shall be construed asreferring to the ofﬁce of the Trust, to an oﬂicer of the Trust and the funds f the 'Brust respectively - ' 89. Penalty for removing fence etc. in street—If any person without lanul authority— (a) removes any fence, or any timber used for propping or sup- ' porting any building, wall or other thmg, or extmgulshes any ll t Set up at any place where the surface of street or other ground as i been Opened or broken up by the Trust for the purpose of carrying . out any work, or ' ' ' hain or post (5) Infrm es an order given or removes any bar, 0 ﬁxed by the 'lgrust fir the purpose of closmg any street to traffic, 68119.11 be Plinishable with ﬁne which may “tend to ﬁfty rupees. - - ' the 90' P ' ' h burldmg.——If any person Without . lermiSsion 0:? {(1)120 mtg/its? 3:22:28 adds to or alters any building .0" Walls 6 u ’ - trcct allgnment or building 1 by the Trust, or erects 0 angle“ any building or wa may, by a written notice-— . ' topped, and (a) direct that the erectlon, alteration or addition be s ' l'sllml as '0’) I"quire such building or wall to be altered 01‘ demo It may deem necessary. 33

= t

a 2

Quo RIMEATA TATA AMA A, VERS wn |

- Ql. Penalty for non-compliance with notice der a ‘

: Sects

If any person, after due notice aAven, eee nection (0) we

stop erection, alteration or ad oy doe Ro Heyeah Oy a any building or wall he shall be punisha ©wit 1 inc Ww rig HWAY oxy ’ t five hundred rupees, or with simple imprisonn.ent, for a Porlod ‘months or with both and the said nauth iN ised. construction shal 1

demoli-hed or altered by the order of the Magistrate deaitig With)case if co requested by the Trust. i"

‘

92. Penaltyfor obstructing contractor or removing mark.—Ifany Pereoy, 4

(a) obstructs or molests any perscn with whom the Trust hy entercd into a contract in the performance or ¢cxecuticn ly su person of his duty or of anything which he is empowered or x (uirid to do under this Act, or

(b) removes any mark set upforthe purpose of indicating ay level or direction necessary to the exccuticn of works autherigg under this Act, .

he shall be punishable with fine which maycxtend to two hurcredrupee or with imprisovment for a term which may extend to two months,

CHAPTER XII

93. Trustees etc. decmed public servanis.—Every Trustee and every offcer ard servant of the Trust shall be dccmed to be a public servant within the méaning of secticn 21 of the Ti:dian Penal Code.

94.. Contribution by Trust towards ‘leave allowance and pensions fGovernment servants—TheTrustshall be Hable to pey such ecntributrer’ for the leave allowance and pensicn of every Goverrment servant cmplyta5 an cfiicer or servant of the Trust as may bo requirby the conditions of his service under Gcverrment, to be paid by him™on this behalf,

95. Authority for prosecutions.—Unless_ otherwise expressly provi any offence punishable under this ¥° on information received frcm, the

except on the complaint of or up

Trust by general or special order} or Some person authorised by the n this behalf,

96. Powers to Chairman as to institutt ~eedings and a . ttution, etc, of legal preceding".senile legal advice.—The Chairman may cbicett°sad contro of th sT,— ; > i

cet. ° . tae une‘ite «)gnstitute, defend orwithdraw frem legal procecdirg® 84

SUPPLEMENTAL PROVISIONS

,— ~.-_...W~ W7 9‘1. Penalty for non-complium‘f" with "0“.“ "micr\ \ ‘0 name um-w.muu .12. mm N“ ‘ If anv person, after due nqtico gironl under! sc‘uliou “($311” ' stop erection, alteration or nddmon, 01:1 (9.0? fno neuronal. (It A!“ any building or will he shall bopumslrn o_\11t l mo “. 1111mm.) *‘M 1 u, five hundred rupees, or w1th snnnle nnpnsonnrnt, for 11 WNW! ‘ t ’months or with both and tho szud\1111-1ulhu'mml' wmhwtim#111111” demoli-hed or altered by the order 01 the Magistrate(11-11mm “ithll‘ case if co requested by the Tru: l. ,, \ 92. Pmallyfor obstructing contractor or rcmovmg ﬂunk—”mu pm“ \ (a) obstructs or mohsts any perscn with whom the Trun l1. entercd into :1 contract. in the perfonnnnce or cycutim l.\- M1 person of his duty or of anything which he is unpoweml or ri ‘11!in to do Imdel‘ this Act, or (b) removes any mark set. up fortlle purpose of indicating any level or direction ncccssnry to the (-xccnticn of works nulluried under this Act, . he shallbe punishablevwith ﬁne which maytxteizdio iu'olnnzdruimpm or with imprisonment for a. term which may extend to two months. CHAPTER X'II 93. Trustees etc. dccmed public servants—Every Trustee and 0W? officer and servant of the Trustsholl be dumcd to be a rublic semn‘ within the meaning of section 21 of the Indian Pena-1 Code. 94. Contribution by Trust towards [care allowance and g‘cnst'mif ‘1 Gavewmmzt sen‘aﬂtd—The‘Trusi"shall be liable 10 Pt.“ such ccntribuln‘l~§ for the leave allowance and pension of every Goverrment St. Irart unl‘lf-‘I as an cﬂicer or servant of the. Trust as may b0 “(1mm by the conditions of his service under Goven‘ment, to be paid1.3'l:imt" on this behalf. 95; Authority for pfosecutimzs.;Unless otherwise expressly Pl”??? any oﬂ‘ence punishable under t us g ‘~ except on the complaint of or u on infor ' ' ' l ‘ ‘ mat r v d fum 1“ or some person authorised by thep 1011 cool e ’ 11 this behalf. Trust- by general or special orderi 96. Powers to Chairman as to i - . . . 105 and - - . nshtuhon, do. 0 I at Ircccch. \ giﬁzgzmg legal (deuce—The Chairman may, Subjectftoegthe} contra 0w“ . . . . , 1“!“ this (zléjlstltute, defend or Wllhdraw from 1 6 gal pro C Names 1L _34 l SUPPLEMENTAL PROVISIONS W

at ¥ (5) Pe) STREIT THUH, sree :,

(b) compound any offence against. this

BV tue

Act, 5 ) With.craw gp i ‘

W ary claim Mace urder this

(d) obtain such legal advice ara assistanceto time thirk it necessary or expedient 10 chtadesired by the Trust to obtain forany foregoing clauses of this section, or f cr discharge of any power or duty vested inor ;Trust or any officer or servant of the Trust, oF imposed upen the

tS Le may Vic ; Meres he wey be

97. Indemnity to Trust ete.— No Suit, prosecutilegal proceeding shall be maintainable againat the "Trust oeTrustee, or any officer or ‘servant of the Trust, or any personacting under the direction of thé Trust or the Chairman, or any officeror servant of the Trust in respect of anything lawfully and in good faithand with due care and attention done under thisAct. ; (2,

_ 98. Notice of suit against Trust efc.—.(1) No suit shallagainst the Trust ‘or any trustee, or any Trust undcr section 19 or any member of a Committee appointed uncersection 20 or any officcr cr servant of the Trust, or any pcrson actingunder the dircclicn cf the Trust or of the Chairman or of any cfficeror servant of the Trust in respect of an act purporting to be done uncer thisAct, until the expiration of two months next after notice in writing has been, in the case of a Trust, Icft at its cffice aid, in any.other case, delivcr.d to orleft at the cffice or'place cf ibode of the persen to be sued, explicitly statingthe cause of action, thénature of the relief sovght, the amount of compensa- ticn claimed and_the name.ardplace of abode of the intendingplaintiff, ard the plaint shall coritain‘a statcment that such notice has been so deli. vered or left.

“SM AME’ & .o-

be instituted person associated with the

(2) Ifthe Trust or other person referred to in sub-section {)shall, before the acticni: is commer ed, have tendered sufficient aes 0the Maintiff, the plaintiff shall nct recover any sum in exccss of the em

fa“iucered and shall also pay all.costsincurred by the defendant after suchender, eo haacrerte. 5”) ! ' . j ’ 1) } , . . : . . ] unless_. (3) No ‘action such as is described insub-section (1)eNnokdati a

i '§€nactionfor the regovery of immovable Propohy six months nextof title thercon, be commenced otherwise than within = ter the accrual of the cause of action therefor.

ll.be’ construed to applyae hich the object° & suit wherein the only relief claimed is an injone Sinchement of thebe defcated by the giving of the notice of the po ) Mencement of the suit or proceeding. -

(4) Nothing in sub-section (1) sha

| 99, _ of any receipt, ¢ in thePlan Mode of proof of ,rust records other deeperthereofor; the "onoftheTruck shall,if duly certified by the thorised by the sheintuicetary “of the Tryst or any pers0oD if the entry oF document8 behalf be receivedas primafacie evidence ol t

Ss a

36 ’ ei

m Y.(“) if". ”F”! "I WNW. 3?“ g, (1)) compound any oﬂ‘enco against. this (c) admit, compromise (,1- Act. and ' 2"“ ﬁt Act, - will.(‘r ' ' ‘ ' ‘ . a“ .n y claim more under this (d) obtain such legal advice and . ' to time thirk Irt i'cccssary or expcdjmt to (Ltain _ 1 .p p . desired by the I‘rustto obi-am for any of the PMTOSedlréf-r 11% (Int} L9 foregoing clauses of this se‘ctl‘on, or for Scouting the lawful Oxln the (r discharge of any power or duty vested in or imPOScd 1‘toerc‘ise Trust or any ofﬁcer or servant of the Trust- ‘P n ‘ 1° 97, Indemnity to Trust .ctc.— No suit, prosecution or otl-t-r legal proceeding shall be mamtainable against the Trust, or anr Truslct‘. or any Pmcer or ser’Vant of the Trust, or any person ﬂcmgunder the direction of the Trust or the Chairman, or any ofﬁcer or servant of the Trust in respect of anyth . ing lawfully and in ood fa'th and with'due care and attention done under this Act. " g l ' "w- 98. Notice of suit against Tmst' elc.—. (1) No suit shall against the Trust ‘or any trustee, or any Trust Ulldt r section 19 or any number of a section 20 or any :oﬂictr (r ‘servant of the under the dircéticii of the Trust or of the Chairman or of any (fﬁec—r or servant of the Trust in l'( Spcct of an act purporting to be done under this Act, until the expiration of two months next after notice in writing has been, inthe ease of a Trust, left at its ofﬁce and,in anyot-her case, deliyt red to. or left at the rﬂicc or'pla'ée cf abode of the .pcrscn to be sued, exphcxtly stating the cause of action, thé'n'a'tur‘e of the relief sorght, the aruount of compensa- ticn claimed andthe 11.81110..811$1..P111,C? ‘of abode of the. intending Plamtlff: ﬁnd the plaint Shall edlitain ‘a‘ statement that such notice has been so deh- Verc-d or left. "1‘ w ‘- AL'F be instituted person associated with the Committee appointed under Trust, or any person acting ' " I I _,-:, ‘ if t" H ' "i 'i ' 'bisection (Dshalh (2) If' the. Trust orothcr personIrefcrred to m S}. w , ht-fore the action: 1is eoiilnie1"ced, hare tendered suﬂicxent 811213;; s 30:11: Plaintiff, the plaintiﬂ” shall net- rccovcr any sum in (xccss o a rigndercd and l731113.11alsovpay all costsindii‘rmd by the defendant aﬁer such en er. , ' , I, ' v r V ' ll 1 ' . ° €55 . . (3) NJO'adtion such as is described 111 sub-section ((1); 21212132132011 11 IS an actionfor the recovery of ixnmot'able Pl"’Pf3rt-y or- months next- “ title thereon, ‘be comineiiccd otherwise than w1thm 51x . t" the accrual of the cause of action there-for. t ed to apply (4) Nothing in sub-section (1) Shall. bet'ggnsfrdlhich the obiect- O a Suit. wherein the only relief claimed is 1111 111111110 1 'st onement o t e We e defeated by the giving of the_notice of the po P meneement of the suit _or proceechng- . '. t, application: 99. ._A co Of an! ’96ng nt in the t :fsmfaffmsigr’sam 1:3; otterutzzmpesamgor; ﬁgsﬁession ofth T er’ 9:1? 'f duly certiﬁed by the ﬁgrised by the , t .0 s .6 rustsh. 3.1 . n ant 0 . . documen, ‘Of the Trust 01' any PeI‘SO fthee try 01' ecl‘cta 111 , - 1'5’ . . t1113 behalf, be l‘CCeiVéd d8 primafacge eyldence 0 s5. \ A4

242 CpHEaTA WAT, ATET 2, BWR am 2 (

admitted as evidence of the matters and transgactio.

and a7every case where, and to the same extent as, the original herein

iedocument would, if produced, have been admissible to Prov

e aig

matters.

iction on the summoning of Trust servants toproduce dooy

No100. 7 officer or servant of the Trust shall in any legal Proce edar

to which the Trust is not aparty be required to produce any Tegister or

document the contents of which can be proved under thepreceding se ction

by a certified copy, or to appear as a witness to prove the matters and

transactions recorded therein unless by ordey of the court made for Bpecial cause.

101. Validation of acts and proceedings.—(1) No act done or proceeding

taken under this Act shali be questioned on the ground merely of—

(a) the existence of any vacancy in, or any defect in the consti. tution of, the Trust or any committee; or

(b) any person having ceased to be a trustee; or

(c) any trustee, or any person associated with the Trust under section 19 or any other member of a committee appointed under this Act having voted or taken part in any proceeding in contraven- tion of section 23; or

(d) the failure to serve a notice on any person, where no sub tantial injustice has resulted from such failure; or

(e) any omission, defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Trust shall be taken to have been duly eonvened and to be free from all defect and irregularity.

102. Power of entry—(1) The Cheirm erson who may be authorised in that behalf by the StateCocement may, with of without assistants or workmen, enter into or upon any land in ordel—

a (a) to make an inquiry,

(0) to take levels,

; son of y inspection, survey, measurement, valuatioD °

5 to set outboundaries and intended lines of work,

e) t 4 sf

n_ such levels, boundaries and lines by marks and out

(f) to do any other thing, whenever it ig - Actor any vale necessary to do s0 for any of the tee Oe"

whichtheTrust intends to fr

n \“ .med as evidence of the matters and tmnsactio and 5:11:11] :16 eadnvery case where, and to the same extent'as! the Original erein roer-“document would. if produced, have been admissible to PmVeeggg matters. idion on the summoning of Trust servants to produce dam, No leggings; oﬁicer or servant of the Trust shall in any legal ”006:3; to which the Trust is not a party be required to produce any register or document the contents of which can be proved under the preceding Seetion by a certiﬁed copy, 01‘ t0_ appear 9’5 a Wltness to prove the matters and transactions recorded therem unless by order of the court made for special 031156 . 101. Validation of acts and proceedinga.—(1) No act done or Proceeding taken under this Act shali be questioned on the ground merely _ (a) the existence of any vacancy in, or any defect in the consti- tution of, the Trust or any committee; or (b) any person having ceased to be a. trustee; or (c) any trustee, or any person associated with the Trust under section 19 or any other member of a. committee appointed under this Act having voted or taken part in any proceeding in contraven- tion of section 23; or (d) the failure to serve a. notice on any person, where no subs- tantial injustice has resulted from such failure; or (e) any omission, defect or irregularity not aﬁ'ecting the merits of the case. (2) Every meeting of the Trust shall be taken to have been duly convened and to be free from all defect and irregularity. 102. Power of entry—(1) The Chairman an 1‘50 “31w . . . o e 11 may be authoriSed in that behalf by the State govimiﬁléfilt gay, with 0’ mthout assistants or worlnnen, enter into or upon any land in order’ F '(a) to make an Inquiry. (b) to take levels, (6) to dig 0r bore into the sub-soil, y mSPeOtion, survey, measurement, valuation or (01)):0 Eat Out, boundaries and intended lines of work, 6 o ' trenches, oil-wk such levels, boundaries and lines by marks and Cutting (D to do any other thing; whenever it ‘ - Actor any ml: new? 190 do so for any of the purpose; gimme which theTrust intends to fr 36

CTTETT UST:WTA, Tee 2, egue

ovided aa followsa—

(«) exoopt when it is othery

yshall be male betwoen sun .

I8O Specially yaw

a Sot and wei _ ided by rule, no such (d) exoopt when it is otherw ees

puilding which is used as a human dwolling shallLe ided by rule, no

with the consent of the ocenptler thereof, without ond entered, unless

jer at least twenty-four hours Previous written eying tho said ocou-

premises My otherwise be entered without Notice to ensble thoinmates of any apartment appropriated to females to able the . ‘omises Wher ir Driv Temove to some

part of tho promises whero their privacy need not be disturbed; (@) due regard shall always bo had, so far as may be compatibl

with the exigencies of the purposes for which the cniry is made; to the social and religious usages of the occupants of the premises entered, ©

(2) Whenever the Chairman enters into or upon any land in pursuance ofsub-section (1) he shall at the timo of such entry pay or tender payment for all necessary damages to be done as aforesaid, and, in case of dispute as to the sufficienoy of the amount so paid or tendered, he shall at once refer the dispute to the 'Trust whose decision shall be final.

(3) It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search to open or cause

to be opened a door, gate or other barrier—

eee

iso Specially

(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and

(6) if the owner or occupier is absentor, being present, refuses to open such door, gate or barrier.

103. General power of Trust to pay compensation.—In any case not other- wise expressly provided for in this Act, the Trust may pay reasonable com-

wasation to any person who sustains damage by reason of the exercise

ofany of the powers vested under this Act in the Trust or the Chairman or

wy officer or servant of the Trust.

104. Compensation to be patd by offende rs for damage caused by ine

1) If, on account of any act or omission, any person has beenoe

ofan offence under this ‘Act, and by reason of such act or onesie 1 d am ee

i oecurred to any property of the Trust, compensation

sha |be a

the said person for the said damage, notwithstanding any Pt

hich he Tay have been sentenced for the said offence. nation payable

(2) In the event of dispute, the amount of orate whom he was

— _

myths said person shall be determined by the Magistrat ¢ted of the said offence ; t

‘ . . Trig section be no

.; ,, (8) Ifthe amount of any compensation due ae eed Magistrate

Paid, the same shall be recovered under warran slo therefOr. “Were a fine inflicted by him on the person "4 ve nagets and liabilities

lo 105, Ultimate dissolution of Trust, and transfer offoned under this |

hare) tnicipal Board —(1) When all schemes = render the continue

eng executed or have been so far execute as vernment, wnnernll be

the Stat. of the Trust, in the opinion of the Setare that the ‘rus

® Government may by notification e

Ba 37

“mm oar-wit. was a, WR ‘ wrhh‘d as thllou'sm (a) pxooph Wltt‘lt it l8 lll-llpp\\viu cut?“ shall he made lmtu'oon suuso \ (1,) pxoept when it is other“. \ u \ ‘ r ‘l I y building uhh h ts “fml‘ as a. hunm“ (lWolliug Sllttll)b0‘l'dU1 by rule, no with the consent- 0 ‘3‘" “"““l‘“‘l‘ thereof. without iyvlo entered, unless “N. at [mist- tuout) ~tou1 houm lll‘OYlous “Tm”! rgt. 113g the said Occu- t o junk“ suoh entry ; We of the intention (e) sut‘t‘ioiont notieoshull in ovoryiustauce ho (ripen p‘wu‘is‘xs In“)? (ll-“hr“vls“ bu (\llt'(\l‘(l(l Without. llotoipp 312V0n“'1ll0nﬂ,ny inmates of any apartment appropriated to females to “nude the ‘ u . \ \ v u ' ‘ 161110 L e to some a ‘ \ l h \ . a ' e u . pent M “W l “ n“ ‘8 “11”“ 11““ ll1 1‘ may need not be disturbed; (d) due regard Shall always be had, so far as may be com atibl with tho 00““?!le 0‘ the l““'ll0‘51‘H 1'0? \\‘hi(-h the (ntrv is nmdepto th: Mia] and rothmlS “5“};"8 “l ”W (moupmq s of the In‘eniises ent ered (2) WhenoVor tho Chairman eutors into or upon any land in pursuance “- subsection (1) ho. shall at tho than of such entry pay or tender payment {\\r;\llllt‘(‘t‘s~“ary damages to he done as aforesaid, and, in case of dispute as to the sufficiency of tho amount so paid or tendered, he shall at once refer m dispute to tho Trust whose decision shall be final. (3) It shall ho lawful for any pt rson authorised under sub-section (1) to mice an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier— l “ “I‘N‘iallb' ‘ ‘ ‘ l_“0\'ltle(l . . t. and sl““‘isu ; 1)) 11110, no such [so special“' (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and (b) if the oxmer or occupier is absent or,being present, refuses to open such door, gate or barrier. 103. General power of Trust to pay compensation .—In any case not other- Iise expressly provided for in this Act, the Trust may pay reasonable com- pensatimi to any person who sustains damage by reason of the exerclse of any of the powers vested under this Act in the Trust or the Chairman 01‘ my officer or servant of the Trust. 104. Cmu‘MHSHHOll to be mid by offenders for damage caused by them.— 1) If. on accdunt of any act or omission, any person has been marriage: Of Mr offence wider this Act, and by reason of such act or 01111181311?’ :33 lily I“ Wilfred to any property of the Trust. 00mP°?5“t1°n s a .611}; eat to the “id 313011 for the said damage, HOtWithSt‘mdmg any pums did} he may have been sentenced for the said offence. t' a able (2) In the event of dispute, the amount of combpggfgﬁﬁﬁhz was «little ”id Person shall be determined by the M‘LgIStmto e “Qted 0f the said offence. 1 - (3) Ifthe amount of any compensation ( no u said paid? the Same shall be recovered under a W‘lrrm-ltbil?tlld1:(for. ‘ “'E‘l‘e a fine inflicted by him 011 the person he. . - ‘ ssets a to 10°~ Ultinwtc dissolution of Trust, and transfer Oftlts a nder 131115, Act he“: MllnlePal Board—(1) When all schemes 801130 ren or 0t- "n0'e , rus . State Vgl‘l'l‘rldhsdt 11111121: ggligdification declare that the .,, . . 3'7 A . ' section be 110‘ nder this Magistrate

¥)Q4e _

date as may be specified i n this behalf jy

dissolved fr om such

notification, and the

(2) From the said date—

ll properties, fur ds, and dues whi

ch are vested in o F realiag

by (2) ast sha ll vest in and be

realisable by t he Minnie

Board;

which are enforceable a gainst ihe Trt shal},

iabilities Diagelers

cipal Board; enforceable against

the Muni

c) for the purpose of co mpleting the executio

n of any scteze

sanctioned under this Act, w hich has not been fully ex

ccuted by th:

Trust, and of realisin g properties, funds and d

ues referrcd to in clause

(a) the functions of the Tr ust under this Act shall b

e discharged by

the Municipal Board as if it were the Trust under this A

ct; and

(d) the Municipal Board shall keep separate accounts of all

moneys respectively received a nd expended by it under this

Aci,

until all loans raised hereunder hav e been repaid and until all othe

liabilities referred to in clause (b) h ave been duly met.

106. Repeal and savings.—The Alwar State Town and Village Improve

ment Act, 1947, the City of Kota Improvement Act, 1/46 and all ot

her

corresponding laws or rules, in force in any part of the State shall sts

repealed in any area for which a Trust is constituted under this Act

for which a master plan is ordered to be prepa red tlc reunder on ard {rez

the date on which such Trust is constituted or such order is ma ce:

Provided that such repeal shall not in any way affectanything or action taken under the Act, law or rule s0 repealed previously to coming into force.

cont sud

PRABHU DAYAL Lorwa”

Secretary lo th e Governme™

Government Central Press, Jaipur. e e

4 n s

mam, SW 3 '{QKE ‘ (1W 1 m ‘t h) 2w ‘ f \ . h date as may be specified in _ this behalf _ $§i(fli‘c:fclio£l?1:ngutche Trust sh all be deemed to be mssolvcd “mung!“ (2) From the said date—— 11 1‘0 erties, funds, and dues which are vested in or re all» by (ﬁleaTFust? shall vest, in and be realrsablc Ly the Marathi: Board; (b) all liabilities . enforceable against the Mum (c) for the purpose of comp sanctioned under this Act, which which are enforceable against the Trust Shall} cipal Board; * leting the execution of am- Sale-re has not been full)” exr outed hr the Trust, and of realising properties, funds and dues rcfernd to in clam (a) the functions of the Trust under this Act shall be discharged by the Mimicipal Board as if it were the Trust under this Act; and (d) the Municipal Board shall keep St parate accounts of all moneys respectively received and expended by it- under this Act, until all loans raised hereunder have been repaid and until all other liabilities referred to in clause (2;) have been duly met. 106. Repeal and savings—The Alwar State Tomi and Village Improvi- meut Act, 1947, the City of Kota Improvement Act, 1: 46 and all oil!“ corresponding laws or rules, in force in any part of the State shall st ~ repealed in any area for which a Trust is constituted under this Act “ for wh1ch a master plan is ordered to be prepared the reunder on an {“3 the date on which such Trust. is constituted or such order is made i or “31- ovtidid thatasuc}; repeal Shall not in any way affect anvthing do: . 1011 :1 'en un er tie Act, law or rule so . ‘slv to su commg into force. repealed, prevrou . PRABHU DAYAL LOIWA? Secrelury [0 (he GOIUMM" ‘ Government Central Press, Jaiew- l

Rajasthan act 35 of 1959 : The Rajasthan Urban Improvement Act, 1959

SECTIONS