In this Act, unless the context otherwise requires,-
(1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish for the purposes of this Act, an Authority to be called "the Kota Development Authority" (hereinafter referred to as "the Authority").
(1) The Authority shall consist of the following members, namely:-
(1) The Authority shall meet atleast once in six months at such place and at such time as the Chairman may decide and shall, subject to the provisions of section 6, observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum thereat) as may be laid down by regulations.
(1) A member of the Authority, who has or acquires, directly or indirectly any share or pecuniary or other interest in any contract, loan, arrangement or proposal entered into, or proposed to be entered into, by or on behalf of the Authority shall cease to be a member of the Authority:
(1) There shall be an Executive Committee of the Authority consisting of the following members, namely:-
(1) The State Government shall appoint any of its officer as Kota Development Commissioner on such salary and allowances and on such terms and conditions of service as may be determined by the State Government. He shall be the Chief Executive of the Authority and shall supervise and control all its officers and servants, including any officer of Government appointed, from time to time, on deputation to the Authority, or to the Executive Committee, or any other committee or any Functional Board or any body thereof. He shall be responsible for collection of all sums due to the Authority and payment of all sums payable by it. He shall ensure adequate security of all assets including cash balances of the Authority. Besides the said powers and duties and the powers and duties delegated by the Authority or the Executive Committee or any other committee or any Functional Board or any body thereof, he shall also exercise the following powers, perform the following functions and discharge the following duties, namely:
The Authority or in case the powers are delegated by it, the Executive Committee may, from time to time, sanction creation of posts of all other officers and servants with the prior approval of the Government, except the officers referred to in section 8, subordinate to the Authority including Executive Committee, any other committee, any Functional Board or any other body as it thinks necessary. The conditions of appointment and service, strength of the cadre and the powers, functions and duties of such officers and servants shall be such as may be determined by regulations.
(1) The Authority may constitute committees consisting wholly of members of such Authority or partly of members of such Authority and partly of other persons in such manner and for such purposes and functions as may be specified by the Authority by regulations.
All proceedings of the Authority, the Executive Committee, other committees and the Functional Boards shall be authenticated by the signatures of the Chairman of the Authority, the Executive Committee, other committee, or the Functional Board, as the case may be, or of any member thereof authorised by the Chairman in this behalf and all other orders and instruments of the Authority shall be authenticated by the Kota Development Commissioner or by any other officer of the Authority authorised by him in this behalf.
The Authority, the Executive Committee, the Kota Development Commissioner or a Functional Board may invite any officer of the State Government or local authority or other authority or any person to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The officers or the persons so invited may take part in the proceeding, but shall have no right to vote.
(1) As soon as may be after the Authority is established under sub-section (1) of section 3, the State Government shall, by order, constitute a Functional Board to be called as the "Kota Traffic Control Board" under the Authority.
(1) On the advice of the Authority, the State Government may, from time to time, by order published in the Official Gazette, constitute,
(1) All Functional Boards constituted under this Chapter shall meet at such place and at such time as may be determined by its Chairman and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by regulations.
The main object of the Authority shall be to secure the integrated development of the Kota Region and for that purpose the functions of the Authority shall be:-
(1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Kota Region of the type as the Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Kota Region.
(1) Notwithstanding anything contained in any other law for the time being in force, the Authority may give such directions to any local authority or other authority or person, with regard to the implementation of any project or scheme financed under section 16, as it thinks fit and any such local authority or other authority or person shall be bound to comply with such directions.
(1) Where any amenities are provided by the Authority, the Authority may assume responsibility for the maintenance of the amenities which have been provided by it or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility.
(1) Where the Authority is satisfied that any direction given by it under sub-section (1) of section 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such authority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Kota Region, the Authority may, with the sanction of the State Government, itself undertakes any works and incur any expenditure for the execution of such projects or implementation of such schemes, as the case may be.
(1) The Authority, with a view to securing planned integrated development and use of land, shall carry out a civic survey of and prepare a Master Development Plan for Kota Region.
(1) Simultaneously with the preparation of the Master Development Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the zones into which the Kota Region may be divided.
(1) Before preparing any Plan finally the Authority shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by regulations inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.
Immediately after a Plan has been sanctioned by the Authority, it shall publish in such manner as may be determined by regulations a notice stating that a Plan has been approved and naming a place where a copy of the Plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the Plan shall come into operation.
(1) At any time after a Plan has come into operation according to provisions of section 24, the Authority may make any modification to the Plan as it thinks fit, the modification, which in its opinion, does not affect material alterations in the character of the Plan and which does not relate to the extent of land uses or the standards of population density.
As soon as may be, on the coming into operation of any plan, the Authority shall take such action for implementation of the Plan as may be deemed necessary subject to the provisions of this Act.
Any Master Plan or a Zonal Plan prepared under the provisions of any other law in force prior to the commencement of this Act shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing sections relating to the sanction, modification and operation of a Master Plan/Master Development Plan shall mutatis mutandis apply:
Notwithstanding anything contained in this Act, if the State Government or the Authority at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Authority to revise, or the Authority may on its own motion undertake revision of, such Plan after carrying out if necessary fresh civic survey and preparing an existing and use map of the Kota Region and thereupon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.
(1) As soon as may be after a plan comes into operation as provided in section 24, the Authority may, by notification in the Official Gazette, declare any area in Kota Region to be a development area for the purposes of this Act.
(1) If it appears to the Authority that it is expedient, having regard to the Plan prepared or under preparation, that any permission to develop land granted under this Act or any other law should be revoked or modified, the Authority may after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary:
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes or changes the use of any land-
(1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him within such period, being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-
(1) Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice, and thereupon, the provisions of sub-sections (3),(4),(5) and (6) of section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.
Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development of a permanent nature or has changed the use of land-
(1) Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 31, the Authority may, by an order in writing, direct that person to remove any structure or work erected or discontinue the use of land made, unauthorisedly as aforesaid within fifteen days of the receipt of the order and thereafter, if the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order and any development unauthorisedly made again shall similarly be summarily removed or discontinued without making any order as aforesaid:
(1) The Authority may, at any time before or after making an order for the removal or discontinuance of any development under section 32 or section 33 or section 35, make an order directing the sealing of such development in the prescribed manner, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such Development.
(1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared- (a) that any use of land should be discontinued; or
(1) Every person who intends to sub-divide his land or his plot or make or layout a private street on such land or plot on or after the date of the publication of the draft plan under section 23 shall submit the intended layout plan for such purpose together with such particulars and such fees, as may be determined by regulations or by Government orders, to the Authority for sanction.
Any expenses incurred by the Authority under sections 32,33,35,37 and 38 shall be a sum due to the Authority under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.
(1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan may make such projects and schemes for the integrated development of Kota Region or any part thereof, as may be considered necessary.
(1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 40 in any development area.
(1) On or after the date on which a draft scheme is published under section 41, no person shall, within the area included in the project or scheme, institute or change the use of any land or building or carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Authority in accordance with the regulations made in this behalf:
If the Authority fails to implement the project or scheme approved under sub-section (4) of section 41 within a period of five years from the date of publication thereof under sub-section (5) of section 41, it shall, on the expiration of the said period of five years, lapse.
(1) The Authority after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the Official Gazette, declare that the project or scheme approved under sub-section (4) of section 41 is withdrawn and upon such declaration no further proceedings shall be taken in regard to such project or scheme.
Notwithstanding anything contained in any provision of this Act or in any plan sanctioned under it, the Authority shall be at liberty to make and carry out any project or scheme not covered by the said plan in the opinion of the Authority, it is necessary to do so or expedient in public interest, and the said plan shall be deemed to be modified to that extent.
The Authority may enter into an agreement with any person for the purchase, leasing or exchange by the Authority from such person of any land, which the Authority is authorised to acquire, or any interest in such land.
Where, on any representation from the Authority, it appears to the State Government that in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its powers or to carry out any of its projects or schemes or development Programmes, it is necessary that any land in any part of the Kota Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013).
Where any land is taken in possession of the State Government, it shall make that land available to the Authority for the purpose of performing its functions, discharging its duties and exercising its powers.
(1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and nazul land placed at the disposal of a local authority under section 102A of that Act in Kota Region, shall, immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same by way of allotment, regularisation or auction subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:
(1) Any land deemed to have been placed at the disposal of the Authority under section 90-A of the Rajasthan Land Revenue Act. 1956 (Act No.15 of 1956) shall be available for allotment or regularisation by the Authority to the person or persons, as the case may be, specified in that section subject to the terms and conditions prescribed, and on payment to the Authority of the urban assessment or premium or both leviable and recoverable, under that section.
(1) Every transfer of land under section 49 or section 50 shall be either on free hold basis or on lease hold basis.
(1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, if, at any time, before or after the lease deed, executed and registered, in respect of land disposed of under this Chapter either on lease hold basis or on free hold basis, the Authority has reasons to believe that allotment of land has been obtained, and lease deed has been executed, by way of misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, it shall issue in the manner hereinafter provided a notice in writing to show cause why an order of revocation of allotment and cancellation of the lease deed of the land should not be made.
(1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or license issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.
(1) There shall be a fund for the Authority to be called "the Kota Region Development Fund" (hereinafter referred to as "Fund"), to which shall be credited all moneys received by the Authority, including-
(1) As a part of the Fund, the Authority shall establish in distinct Bank accounts a Loans Fund for the purpose of (a) receiving all moneys borrowed by it including all repayments of loan instalments together with payment of interest made by the borrower on loans, (b) providing all moneys to be made available by the Authority as loans or advances to local authorities and other authorities or persons, (c) repayment of loans raised by the Authority for the purposes of this Act, and (d) expenditure on projects and schemes.
(1) The Authority shall make provisions for a reserve fund and may provide for other specially denominated funds, as it deems fit.
All property, funds and other assets vesting in the Authority shall be held and applied by it for the purposes and subject to the provisions of this Act.
The Authority may, with the previous approval of the State Government, borrow any money for carrying out the purpose of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time money is borrowed.
The Authority shall be competent to give grants, advances or loans to, or to share expenses with, any local authority or other authority in Kota Region, or any Government Department or any person, for any of the purposes of section 16 and notwithstanding anything contained in any law for the time being in force, it shall be lawful for such local authority, other authority, Government Department or any person to accept such grants, advances or loans or share in the expenses, subject to such terms and conditions as the Authority may, from time to time, in consultation with such local authority, other authority, Government Department or any person, as the case may be, specify.
The State Government may guarantee repayment of the principal of, and interest on, any loan raised or given by the Authority or transferred to it, for the purposes of this Act, subject to such conditions as the State Government may think fit to impose.
(1) The Authority shall keep accounts in such form and in such manner, as it may, by regulations made in this behalf, determine.
(1) The Director, Finance of the Authority shall prepare, every year, in such form and at such time as may be determined by regulations, an annual budget estimate in respect of the financial year next ensuing, showing the estimated receipts and disbursements of the Authority to the Kota Development Commissioner who shall after making such modifications as he deems fit, submit it to the Authority for approval.
The Authority shall prepare after the end of each year (ending on the 31st day of March), a report of its activities during the previous year and submit it to the State Government before the 30th day of September. The State Government shall cause to be laid on the table of the House of the State Legislature such annual report including the statement of accounts.
The Authority shall levy at such rate and from such date as the State Government may direct by notification in the Official Gazette, and in such manner as may be prescribed by the State Government in this behalf, the following charges, namely:-
(1) The Authority shall recover the urban assessment or ground rent from the plot holders on the land or plot sold on lease hold basis by the State Government or the Authority or any local authority at such rates, and in such manner as may be prescribed. (2) The urban assessment or ground rent recovered under sub-section (1) shall be deposited in the Fund of the Authority.
When any licence is granted by the Authority under this Act or when any permission is given by it for any of the purposes of this Act, the Authority may charge a fee for such licence or permission as may be determined by regulations.
Whoever- (i) obstructs the entry of any person empowered under section 83 to enter into or upon any land or building in any part of the Kota Region for the purposes mentioned in that section; or
If any person without lawful authority-
Whoever-
(1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two years and with fine which may extend to twenty thousand rupees: Provided that the court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.
Whoever contravenes any of the provisions of this Act or of any rule or regulations made or does anything against any plan, project or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-
(1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the Authority or by a person expressly authorised in this behalf by the Authority:
All fines realised in connection with prosecution under this Act shall be paid to the Authority.
The Authority may,-
No suit, prosecution or other legal proceeding shall be maintainable against the Authority or any person acting under the direction of the Authority or the Chairman, member or any officer or servant of the Authority, Executive Committee, other committees, any Functional Board or any body thereof in respect of anything lawfully and in good faith and with due care and attention done under this Act.
(1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Executive Committee, any Functional Board, Tribunal, any committee or any body thereof, in respect of any act done or purporting to have been done in pursuance of this Act or any order, rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been left at the office or place of abode of the persons to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been left or delivered.
A copy of any receipt, application, plan, notice, order, entry in a register of other document in the possession of the Authority shall, if duly certified by the legal keeper thereof, or the Kota Development Commissioner or any person authorised by him in this behalf, be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matter.
No member or officer or servant of the Authority shall in any legal proceeding to which the Authority is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matter and transaction recorded therein unless by order of the court made for special cause.
(1)The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes of this Act.
(1) The State Government may, by notification in the Official Gazette, constitute a Settlement Committee consisting of a Chairman and such other members, as it may deem fit, to resolve the disputes between the Authority and other persons and such Committee shall undertake to resolve the dispute whenever so requested by the concerned person.
Where any sum (not being rent payable in respect of any premises of the Authority) payable to the Authority, whether under any agreement, express or implied or otherwise, howsoever, is not paid on or before the due date-
(1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Kota Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon any land or building for the purposes of -
(1) All documents which expression shall include, notice and orders 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 rule or regulation made thereunder, be deemed to be duly served,-
Every officer and other employees of the Authority and every member of the Authority, Executive Committee, other committees, Functional Board and other bodies constituted under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
(1) Subject to rules, if any, that may be made under this Act, and regard being had to the fact that the Authority itself provides in the areas within the jurisdiction of any local authority all or any of the amenities which the local authority provides, then the Authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful for the local authority to arrive at an agreement with the Authority, with the prior sanction of the State Government, to receive a lump sum contribution from the Authority in lieu of all or any of the taxes levied or services rendered by the local authority.
(1) Any person dealing with the Authority may execute an agreement in favour of such Authority providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement and to pay to the Authority the amount so deducted in satisfaction of any debt or demand of the Authority against such person. Such an agreement shall be accompanied with a consent in writing of the employer.
(1) The Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time, by the State Government for development of the areas in the Kota Region.
Any officer or employee of the Authority may, in accordance with the rules made under section 95, be transferred by the State Government to the Rajasthan Housing Board or any Urban Improvement Trust or any Municipality on post carrying pay scale not lower than the pay scale of the officer or employee to be transferred:
The Authority shall have power to call for any return, statement of accounts, reports, statistics or other information from any local authority or other authority in the Kota Region, or from any person which is required by it in the exercise of its powers and the performance of its duties under this Act or under any other law for the time being in force, and such authority or person shall be bound to furnish such information.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force.
(1) The State Government may, by notification in the Official Gazette, delegate to any officer subordinate to it all or any powers conferred on it by or under this Act, other than the power to make rules.
(1) The State Government or any officer not below the rank of the Secretary to the Government authorised in this behalf by the State Government may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed, under this Act by the Authority or any committee or officer of it, call for the relevant record, and may in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination by the State Government or by the officer authorised in this behalf by the State Government and the passing of order under sub-section (2):
(1) Notwithstanding anything contained in this Act, all local authorities in Kota Region shall continue to exercise their powers, perform their functions and discharge their duties which may not be inconsistent with any plan, project or scheme of the Authority.
(1) The State Government may from time to time make rules for the purpose of carrying out generally the provisions of this Act and regulating any particular matter thereunder which requires to be prescribed or in respect of which rules are required to be or may be made.
(1) The Authority may, from time to time, make regulations for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions and duties under this Act.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, but not later than two years from the date on which the Authority is established, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty.
(1) Where the State Government is satisfied that the purpose for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government is unnecessary, the State Government may, by notification in the Official Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification and thereupon the Authority shall be deemed to be dissolved accordingly.
(1) Save as otherwise provided in this Act, no civil court shall take cognizance of any matter which is required to be or may be decided by the Authority, Executive Committee, Kota Development Commissioner, Functional Board, any body thereof, the Tribunal or the State Government, under this Act.
(1) Notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter referred to as the "said Act" and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Authority for the Kota Region under this Act, hereinafter referred to as such constitution,-