Chapter XIV Miscellaneous

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
   • (a) the activities and services to be prescribed under clause (1) of Section 2;
   • (b) the facilities for public and civic purposes to be prescribed under clause (z) of Section 2;
   • (c) the remuneration, allowance and other conditions of service of the non-official members of the Board under sub-section (10) of Section 7;
   • (d) the remuneration, allowance and other conditions of service of the non-official members of a Regional Development Authority under sub-section (4) of Section 9;
   • (e) the contents of Master Development Plan to be prescribed under clause (i) of subsection (1) of Section 13;
   • (f) the manner of publication of the notice for the preparation of draft Master Development Plan under Section 14;
   • (g) the manner of publication of Development Scheme by means of notice under subsections (2) and (3) of Section 21;
   • (h) the contents of the Zonal Development Plan to be prepared under Section 26;
     • (i) the conditions and restrictions subject to which and the manner in which the land may be disposed of under sub-section (1) of Section 27;
   • (j) the manner for sealing buildings and removal of unauthorized development by the Regional Development Authority under Section 48;
   • (k) the services on which, rates at which, and the manner in which, user charges may be imposed under Section 56;
   • (l) the rate and manner of charging lease rent and premium under Section 58;
   • (m) the form and manner in which accounts of the Regional Development Authority shall be prepared and maintained, the other manner in which accounts of the Regional Development Authority may be audited and the charges of audit to be paid by the Regional Development Authority under sub-sections (1), (2) and (3) of Section 61;
   • (n) the qualifications of the appellate authority and the procedure including quorum at its meeting to be followed by the appellate authority under sub-sections (2) and (6) of Section 67; and
   • (o) any other matter which, is to be, or may be, prescribed by the rules.
3. (3) All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

1. (1) The Board may make regulations not inconsistent with the provisions of this Act or the rules made thereunder, for matters referred to under sub-section (6) of Section 7.
2. (2) The Regional Development Authority may make regulations not inconsistent with the provisions of this Act or the rules made thereunder, to carry out the purposes of this Act.
3. (3) In particular, and without prejudice to the generality of the foregoing power, the regulations made by the Regional Development Authority may provide for all or any of the following matters, namely: -
   • (a) the procedures to transact business the meeting of the Regional Development Authority and quorum thereat under sub-section (5) of Section 9;
   • (b) the conditions of appointment and service and the powers, functions and duties of officers and servants of the Regional Development Authority under clause (ze) of Section 10;
   • (c) the other manner of publication of modified draft Master Development Plan under sub-section (2) of Section 15;
   • (d) the other manner of publication of notice under sub-section (2) of Section 17;
   • (e) the matters to be included in a Development Scheme under clause (k) of subsection(2) of Section 19;
   • (f) the manner of publication of the declaration of intention to make Development Scheme under sub-section (2) of Section 20;
   • (g) the procedure for varying the Development Scheme on ground of error, irregularity or infirmity under Section 22;
   • (h) the terms and conditions for extension of concession agreement under sub-section (3) of Section 31;
     • (i) the manner of giving any permission or approval under Sections 37, 38, 39 and 44;
   • (j) the form and time for preparation of annual budget of the Regional Development Authority under Section 64.
4. (4) Such regulations may also provide for all or any of the following matters, namely: -
   • (a) the form and manner of the proposal and the fee payable for starting an economic activity under sub-section (1) of Section 34;
   • (b) the building regulations to regulate buildings under Section 43;
   • (c) the fee that may be charged under Section 57.

1. (1) 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 of commencement of this Act, by order published in the Official Gazette, make such provisions not inconsistent with the objects and purposes of this Act, as appear to be necessary or expedient for removing the difficulty.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.

1. (1) Where the State Government is satisfied that the purpose for which any Regional Development Authority was established under this Act have been substantially achieved so as to render the continued existence of such Regional Development Authority in the opinion of the State Government unnecessary, the State Government may by notification in the Official Gazette declare that such Regional Development Authority shall be dissolved with effect from such date as may be specified in the notification, and such Regional Development Authority shall be deemed to have been dissolved accordingly.
2. (2) From the said date, -
   • (a) all properties, funds and dues which are vested in, or realizable by such Regional Development Authority shall vest in or be realizable by the State Government;
   • (b) all lands placed at the disposal of such Regional Development Authority shall revert to the State Government;
   • (c) all liabilities which are enforceable against such Regional Development Authority shall be enforceable against the State Government; and
   • (d) for the purpose of carrying out any work which has not been fully carried out and for the purposes of realizing properties, funds and dues referred to in sub-clause (a) and for such other purposes as may be required, the functions of such Regional Development Authority shall be discharged by the State Government.

1. (1) The State Government may, by a notification in the Official Gazette, delegate to any officer subordinate to it or delegate to the Board or to a Regional Development Authority all or any powers conferred on it by or under this Act, other than the power to make rules.
2. (2) The State Government may, by notification in the Official Gazette, delegate such functions and powers of the Regional Development Authority as are provided under this Act, for such area within a Special Investment Region, as may be specified in the notification, to a Government Company and such Government Company shall exercise such powers and discharge such functions subject to the Master Development Plan, if any, of the Special Investment Region: Provided that no powers or functions under this Act for making of regulations shall be delegated to such Government Company.
3. (3) The Board may, by an order, assign and delegate any of its functions and powers to its Chairperson or any other member or to the Regional Development Authority subject to such conditions or limitations as it may deem fit except the function and power of making regulations.
4. (4) A Regional Development Authority may assign and delegate any of its functions and powers to any committee, or to any officer or staff of the Regional Development Authority, subject to such conditions or limitations as it may deem fit.

1. (1) A Regional Development Authority may, for any economic activity in the Special Investment Region or for any infrastructure project as per the existing policy of the State Government, propose a customized package after getting it examined by the concerned departments of the State Government for approval of the Board.
2. (2) The Board, on being satisfied with the proposal, may, with or without any modification, recommend the package and send it to the State Government for approval.
3. (3) Such customized package may provide for incentive in the form of exemptions from State taxes, duties, cess, etc. levied by the State Government under any Rajasthan Law.
4. (4) In order to make any infrastructure project sustainable or commercially viable, a Regional Development Authority may propose to the Board for consideration and approval and the Board may, on being satisfied with the proposal, recommend to the State Government to sanction and provide State support which may include, -
   • (a) equity participation subject to a maximum of forty nine per cent of the total equity;
   • (b) financial assistance which may include capital grant, minimum revenue guarantee, payment guarantee and off take and purchase guarantees to the concessionaire as a substitute for or in addition to whole or part of the charges collected for such infrastructure project;
   • (c) incentives in form of exemptions from State taxes, duties, cess, etc. levied by the State Government under any Rajasthan Law;
   • (d) guarantees with respect to any obligation of the State Government under a concession agreement; or
   • (e) any other State support which may be notified from time to time by the State Government in the Official Gazette: Provided that the ceiling of forty nine per cent equity participation under clause (a) shall not be applicable in the case of companies promoted by a Regional Development Authority pursuant to any joint venture or collaboration agreement with any government agency or any company, body or any other institution by whatever name called, owned or controlled by the Central Government.

1. (1) Notwithstanding anything contained in this Act or the rules or regulations made thereunder, units and amenities set up in any Special Economic Zone falling under a Special Investment Region shall continue to be governed by and shall avail the benefits under the Special Economic Zones Act, 2005 (Central Act No. 28 of 2005) and the Rajasthan Special Economic Zones Act, 2015 (Act No. 1 of 2016).
2. (2) The developer of a Special Economic Zone shall take into account the plans and schemes prepared by the Regional Development Authority in accordance with Chapter V while finalizing any activity within the Special Economic Zone.

Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Rajasthan Law for the time being in force.

No suit, prosecution or other legal proceeding shall be maintainable against the Board, or any Regional Development Authority, or a Government Company delegated with the powers of a Regional Development Authority under sub-section (2) of Section 74 or any person acting under the direction thereof or the members, officers or staff thereof in respect of anything done lawfully and in good faith and with due care and attention under this Act.

Every member, officer and staff of a Regional Development Authority or a Government Company delegated with the powers of a Regional Development Authority under sub-section (2) of Section 74, 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).

All documents, which expression shall include notice and orders required by this Act or the rules and regulations made thereunder to be served upon any person, shall, save as otherwise provided in this Act or the rules and regulations made thereunder, be deemed to be duly served where it is sent by registered post or speed post or delivered at the place of his residence or business or given or tendered to the person to whom it is addressed or if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or where an attempt to serve a document on any person in the manner indicated in the foregoing provisions of this section fails, it shall be deemed to be an effective service of the document on such person if the notice of the document to be served is published in any daily local newspaper.

1. (1) No civil court shall take cognizance of any matter which is required to be or may be decided by the State Government, Board, Regional Development Authority, or the appellate authority under the provisions of this Act.
2. (2) An order passed or a direction given by the State Government to the Board, Regional Development Authority, or the appellate authority under the provisions of this Act or an order passed or notice issued by the Board, Regional Development Authority, or the appellate authority under the provisions of this Act shall be final.

1. (1) The Board and every Regional Development Authority shall exercise their powers and perform their duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time, by the State Government for establishment, planning, development, operation, maintenance, management and regulation of the Special Investment Regions.
2. (2) The Board and every Regional Development Authority shall be bound to comply with such direction which may be issued from time to time by the State Government for efficient administration of this Act.

1. (1) Where entire area of an Urban Improvement Trust has been declared to be a Special Investment Region under Section 3, notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this section referred to as the 'said Act', and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Regional Development Authority for such Special Investment Region under this Act, hereinafter referred to as 'such constitution', -
   • (a) such Urban Improvement Trust (hereinafter in this section referred to as 'the Trust') functioning in the area covered by the area of such Special Investment Region immediately before such constitution, shall stand dissolved;
   • (b) all land, buildings and other immovable properties (together with all interests of whatever nature and kind therein) situated in the area of such Special Investment Region and vested in the Trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted;
   • (c) all stores, articles or other movable properties belonging to the Trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted;
   • (d) all assessments, valuations,, measurements or divisions made by the Trust immediately before such constitution in or in connection with such area, shall, in so far as they are not inconsistent with the provisions of this Act, continue and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any assessment, valuation, measurement or division made by the Regional Development Authority so constituted;
   • (e) all plans, schemes for the development or improvement of any area declared as the area of such Special Investment Region and prepared under the said Act, shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been prepared under this Act and any such plan or scheme which was in force immediately before the commencement of this Act, shall continue to be in force so long it is not otherwise dealt with under this Act;
   • (f) all records and papers belonging to the Trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (e) shall vest in and stand transferred to the Regional Development Authority so constituted;
   • (g) every officer or servant serving under the Trust immediately before such constitution, shall, on or from such constitution, be deemed to have been transferred temporarily for a period of one year to the Regional Development Authority so constituted, within which period until otherwise extended by it, such Regional Development Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of such Regional Development Authority on such posts and with such designations, as the Regional Development Authority may determine. The officers and servants so absorbed in the service of the Regional Development Authority shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held if the Regional Development Authority had not been constituted, and shall continue to so hold unless and until such tenure, remuneration and terms and conditions are duly altered by such Regional Development Authority: Provided that any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Regional Development Authority;
   • (h) anything done or any action taken including any appointment, delegation, order, scheme, rule, bye-laws, regulation or form made or notification issued or permission granted under the said Act so far as it is not inconsistent with the provisions of this Act shall continue to be in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions;
     • (i) all debts, obligations and liabilities incurred, all contracts entered into, all allotments and transfers of land made and all matters and things engaged to be done in or as respects the area covered by the area of such Special Investment Region, by, with or for the Trust for such area shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Regional Development Authority;
   • (j) notwithstanding anything contained in this Act, the validity of any declaration of application, publication, notification, appointment, order, allotment of land, proposal, award, proceeding, consultation, inquiry, certification, compromise, sanction, agreement, notice, approval, decision, dispute, withdrawal of any legal proceeding, final scheme or act made, held, issued, entered into, given, taken, decided, drawn up, or done, before such constitution, by or on behalf of the Trust, shall be deemed as if they were made, held, issued, entered into, given, taken, decided, drawn up or done under this Act by or on behalf of the Regional Development Authority;
   • (k) all compromises, defenses or withdrawals, made in or from any legal proceedings, any offence compounded or any claim admitted, by or on behalf of the Trust before such constitution shall be deemed to have been made by or on behalf of the Regional Development Authority and may be enforced by or against the Regional Development Authority as effectively as they could be enforced by or against the Trust before such constitution;
   • (l) all suits, prosecutions and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Regional Development Authority;
   • (m) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Regional Development Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Regional Development Authority;
   • (n) all rents, fees and other sums of money due to the Trust shall be deemed to be due to the Regional Development Authority; and
   • (o) all sums or charges which the Trust was, immediately before such constitution, entitled to levy, assess and recover for or in respect of development or improvement of any land in the area of such Special Investment Region, may continue to be levied, assessed and recovered by the Regional Development Authority under the corresponding provisions of this Act.
2. (2) Where any acquisition proceedings have been started under any law for the time being in force for any of the purposes of the Trust, the same shall be continued and completed under and in accordance with the provisions of such laws as aforesaid.

The Rajasthan Industrial Area Development Authority Act, 1995 (Act No. 7 of 1996) is hereby repealed.