Jodhpur Development Authority Act, 2009
Jodhpur Development Authority Act, 20091
[Act No. 2 of 2009]
[31st January 2009]
Preamble
An Act for forming Jodhpur City and certain contiguous areas into Jodhpur Region, to provide for the establishment of an Authority for the purposes of planning co-ordinating and supervising the proper, orderly and rapid development of the Jodhpur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith.
Whereas, Jodhpur City and areas contiguous to it are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jodhpur Region and for setting up of an Authority for the purpose of planning, co-ordinating, and supervising the proper, orderly and rapid development of these areas, in which several government departments, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such Authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jodhpur Region so that housing, community facilities, civic amenities and other infrastructure are properly created for the population of Jodhpur Region in the prospective of 2023 A.D. or thereafter including the intermediate stages, and to provide for matters connected with the purpose aforesaid:
Be it enacted by the Rajasthan State Legislature in the Fifty-ninth Year of the Republic of India, as follows:-
Footnote:
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Publishing by Rajasthan Gazette, Extraordinary, Notification No. F. 2(9) Vidhi/2/2009, dt. 3.2.2009
Chapter: I - Preliminary
Section 1 - Short title, extent and commencement
(1) This Act may be called The Jodhpur Development Authority Act, 2009.
(2) It shall extend to Jodhpur Region Area.
(3) It shall be deemed to have come into force on and from 30th August, 2008.
Section 2 - Definitions
In this Act, unless the context otherwise requires: -
(1) "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, gardening, forestry, livestock breeding or the use of land as a nursery, grazing land or any other use of land which is ancillary to its cultivation or other agricultural purposes and the word "agricultural" shall be construed accordingly;
(2) "amenities" include roads, bridges, any other means of communication, transport, streets, open spaces, parks, recreational grounds, play grounds, water, gas and electric supply, and source of energy, street lighting, sewerage, drainage, conservancy, public works and such other utilities, services and convenience has the State Government in consultation with the Authority may, by notification in the Official Gazette, specify to be an amenity for the purpose of this Act;
(3) "Authority" means the Jodhpur Development Authority constituted under Sec. 3;
(4) "building operations" include rebuilding operations, structural alterations of or additions to buildings and other operations undertaken in connection with the construction of buildings;
(5) "development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes re-development and lay out, and sub-division of any land and also the provision of amenities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and "to develop" shall be construed accordingly;
(6) "development area" means the area declared as such under sub-sec. (1) of Sec. 29 and in which development is proposed to be undertaken within a reasonable period through schemes, projects or otherwise;
(7) "Government" means Government of the State of Rajasthan;
(8) "Jodhpur Region" means the areas in the limits of the city, towns, and villages specified in Schedule-I. The State Government may, from time to time, in the notification published in the Official Gazette, amend that Schedule by adding thereto or deleting therefrom any area specified in such notification, and thereupon the modified area shall be the Jodhpur Region;
(9) "Land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(10) "Local authority" means a Municipality or Panchayat;
(11) "Municipality" means a Municipality established under the Rajasthan Municipalities Ordinance, 2008 (Ord. No. 10 of 2008) in Jodhpur Region;
(12) "occupier" includes-
(a) an owner or any person who, but for a contract, express or implied, is paying or is liable to pay rent to the owner of any building or land; Jele
(b) any person who is liable to pay to the owner of any land or building, damages for wrongful occupation of the whole or part of any such building or land; and
(c) rent-free occupant of any building or land;
(13) "owner" includes the person who, but for a contract, express or implied, for the time being is receiving or is entitled to receive, whether on his own account or as an agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable institution, the rent or profits of any building or land;
(14) "Panchayat" means a panchayat established under the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994) in Jodhpur Region;
(15) "plan" means a master development plan or a zonal development plan prepared or deemed to be prepared under this Act, and the expression "any plan" shall be construed accordingly;
(16) "prescribed" means prescribed by rules under this Act;
(17) "public purpose" includes any purpose which is useful to the public or any class or section of the public and the requirement of land reserved or designated in a plan, project or scheme or for any other purpose under this Act;
(18) "regulation" means a regulation made by the Authority under this Act;
(19) "rule" means a rule made by the Government under this Act;
(20) "Tribunal" means Tribunal constituted under the provisions of this Act;
(21) "Zone" means any of the division in which Jodhpur Region may be divided for the purposes of development under this Act;
(22) words and expressions used in this Act, but not defined herein, shall have the same meanings as assigned to them in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) and the Rajasthan Municipalities Ordinance, 2008 (Ordinance No. 10 of 2008).
Chapter: II - Establishment and Constitution of the Authority
Section 3 - Establishment of the Jodhpur Development Authority
(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 Jodhpur Development Authority" (hereinafter referred to as "the Authority").
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid.
(3) The Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955).
Section 4 - Composition of the Jodhpur Development Authority
(1) The Authority shall consist of the following members, namely: --
(i) a Chairman, appointed by the State Government;
(ii) a Vice-chairman, Jodhpur Development Commissioner, Jodhpur;
(iii) Principal Secretary to the Government, Urban Governance (Development and Housing Department); or his representative not below the rank of Deputy Secretary;
(iv) Deputy Housing Commissioner, Rajasthan Housing Board, Jodhpur;
(v) Additional Chief Engineer, Public Health Engineering Department, Jodhpur.
(vi) Additional Chief Engineer, Public Works Department, Jodhpur
(vii) District Collector, Jodhpur
(viii) Chief Managing Director, Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur;
(ix) Chairman/Administrator, Municipal Corporation, Jodhpur;
(x) Zila Pramukh of Zila Parishad, Jodhpur;
(xi) Deputy Town Planner, Jodhpur; and
(xii) Non-official members, not exceeding seven to be nominated by the State Government.
(2) Besides the members referred to in sub-sec. (1) the State Government, if it so thinks fit, may also appoint the Chairman of any Functional Board as member of the Authority.
(3) The Chairman of the Authority shall supervise and control all the activities on behalf of the Authority and shall exercise such powers and perform such duties as are conferred on him under this Act and exercise such other powers and perform such other duties as the Authority may, by regulations, from time to time determine. He may also modify, subject to confirmation by the Authority, in its next meeting, the decisions of officers of authority and committees constituted under the provisions of this Act.
(4) The Vice-chairman shall exercise such powers and perform such duties as the Chairman of the Authority may, by order, delegate to him and shall, during the absence of the Chairman, perform the functions and exercise the powers of the Chairman.
(5) The members shall receive such allowances for meeting the personal expenditure in attending the meetings of the Authority or any committee or body thereof or in performing any other functions as members, as may be prescribed.
(6) Where a person becomes or is nominated as a member of the Authority by virtue of holding any office or being a member of the Parliament or State Legislature or any local authority or any other authority, Corporation, Council, Board or body, whether incorporated or not, he shall cease to be a member of the...
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