The Rajasthan Special Investment Regions Act, 2016
Chapter V Planning For The Special Investment Regions Master Development Plan
Chapter V Planning For The Special Investment Regions Master Development Plan
11. Preparation of Master Development Plan.
As soon as may be after the constitution of a Regional Development Authority for a Special Investment Region, the Regional Development Authority shall, subject to general or specific directions of the State Government or the Board, carry out a civic survey and prepare an existing land use map and prepare a draft Master Development Plan for the area declared as the Special Investment Region and the periphery, if any, in accordance with the provisions of this Act.
Chapter V Planning For The Special Investment Regions Master Development Plan
12. Applicability of existing Master Development Plans. -
- (1) If, before the coming into force of this Act, the State Government has notified a Master Development Plan for any area of the Special Investment Region, such Master Development Plan shall be the Master Development Plan for that area of the Special Investment Region.
- (2) If any area of any local authority or a development authority is included in the Special Investment Region, the Master Development Plan prepared by that local authority or the development authority shall, with such alterations and modifications as the Regional Development Authority may consider appropriate, be the Master Development Plan for that area of the Special Investment Region: Provided that buffer for abadi development as provided in a Master Development Plan of a local authority or development authority shall not be altered or modified by the Regional Development Authority while adopting such Master Development Plan under this sub-section.
Chapter V Planning For The Special Investment Regions Master Development Plan
13. Contents of a Master Development Plan.
- (1) A Master Development Plan shall generally indicate the manner in which the use of land in the area of the Special Investment Region shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide for the following matters, namely: -
- (a) areas reserved for the purpose of economic activity, infrastructure facility, public and civic facility, zones into which the Special Investment Region shall be divided and for any other purposes;
- (b) demarcation and reservation of land for polluting and non-polluting industrial activities, manufacturing activities, other kind of economic activities, infrastructure facility, public and civic facility, infrastructure projects and for any other purposes;
- (c) comprehensive land allocation for future development of the Special Investment Region;
- (d) complete road and street pattern and traffic circulation pattern for present and future requirements and major roads and street improvement;
- (e) arrangement for providing infrastructure facility, public and civic facility and infrastructure projects including those required from distant sources;
- (f) buffer for abadi development;
- (g) all such matters as may be directed by the State Government;
- (h) all such matters as may be provided for in the guidelines or parameters framed by the Board; and
- (i) all such matters as may be prescribed by the rules.
- (2) The draft Master Development Plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals.
Chapter V Planning For The Special Investment Regions Master Development Plan
14. Public notice of draft Master Development Plan.
The Regional Development Authority shall on preparation of the draft Master Development Plan for the area declared as the Special Investment Region and the periphery, if any, issue and publish a notice in the Official Gazette in such other manner as may be prescribed by rules, stating that the draft Master Development Plan has been prepared, specifying the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom, certified to be correct shall be available for sale to the public at a reasonable price, and inviting objections and suggestions within a period of sixty days from the date of notice in the Official Gazette.
Chapter V Planning For The Special Investment Regions Master Development Plan
15. Objections to draft Master Development Plan.
- (1) Subject to the provisions of this Act, if, within the time allowed under Section 14, any person communicates in writing to the Regional Development Authority any suggestions or objections relating to the draft Master Development Plan, the Regional Development Authority may, after considering the suggestions or objections received by it, modify or change the Master Development Plan in such manner as it thinks fit.
- (2) The draft Master Development Plan so modified shall be published in the Official Gazette and in such other manner as may be prescribed by regulations, not less than one month prior to the submission of the same to the State Government for sanction.
Chapter V Planning For The Special Investment Regions Master Development Plan
16. Sanction of draft Master Development Plan
- (1) The Regional Development Authority shall submit the draft Master Development Plan to the State Government for sanction on the expiry of the period of one month from the date of publication of it in the Official Gazette under sub-section (2) of Section 15.
- (2) The State Government may, by notification in the Official Gazette, sanction the draft Master Development Plan submitted to it, either without modification, or subject to such modifications as it may consider proper, or return the draft Master Development Plan to the Regional Development Authority for modifying the Master Development Plan as it may direct, or refuse to accord sanction and direct the Regional Development Authority to prepare a fresh Master Development Plan: Provided that, where the modifications proposed to be made by the State Government are of substantial nature, the State Government shall publish a notice in the Official Gazette and also in local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of sixty days from the date of such notice.
- (3) The State Government shall, before according sanction to the draft Master Development Plan, take into consideration such objections and suggestions.
- (4) The State Government shall fix in the notification under sub-section (2) a date not earlier than one month from its publication on which the final Master Development Plan shall come into operation.
- (5) A Master Development Plan which has come into operation shall be called the final Master Development Plan and shall, subject to the provisions of this Act, be binding on the Region Development Authority.
Chapter V Planning For The Special Investment Regions Master Development Plan
17. Modification of final Master Development Plan.
- (1) Where the State Government is of the opinion that it is necessary or expedient to modify any part of or any proposal made in the final Master Development Plan to give effect to the objects of this Act, it may direct the Regional Development Authority to carry out the modifications.
- (2) The Regional Development Authority shall, within ninety days from the date of direction given under sub-section (1), publish a notice in the Official Gazette and in such other manner as may be prescribed by regulations inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification with amendments, if any, to the State Government for sanction.
- (3) The State Government shall, after giving hearing to the affected persons and the Regional Development Authority and after making such inquiry as it may consider necessary, publish, by notification in the Official Gazette, the approved modification with or without changes, and subject to the conditions as it may deem fit. On the publication of the modification in the Official Gazette, the final Master Development Plan shall be deemed to have been modified accordingly.
Chapter V Planning For The Special Investment Regions Master Development Plan
18. Revision of Master Development Plan. -
At least once in ten years from the date on which a Master Development Plan has come into operation, the Regional Development Authority may, and at any time when so directed by the State Government, shall revise the Master Development Plan either wholly, or in parts separately after carrying out, if necessary, a fresh survey and preparing an existing land use map of the area within its jurisdiction, and the provisions of Sections 11 to 16 shall, so far as they can be made applicable, apply in respect of such revision of the Master Development Plan.
Chapter V Planning For The Special Investment Regions Master Development Plan
19. Preparation and contents of Development Scheme.
- (1) A Regional Development Authority may, for the purpose of implementation of the provisions of the Master Development Plan, or the Zonal Development Plan, prepare one or more Development Schemes.
- (2) The Development Scheme may make provisions for any or all of the following matters, namely: -
- (a) the manner in which the Regional Development Authority proposes use of land in the Special Investment Region or the periphery, whether by carrying out development thereon or otherwise and the stages by which any such development is to be carried out;
- (b) the proposals for conservation and development of natural resources including water bodies;
- (c) the laying out or relaying out of plots, either vacant or already built upon, or merger or reconstitution or sub-division of plots;
- (d) the construction, alteration and removal of buildings, bridges and other structures;
- (e) the reservation and allocation of land for infrastructure facility and public and civic facility;
- (f) the allocation of land for economic activity, infrastructure facility, public and civic facility and infrastructure projects;
- (g) layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets, roads and communication, lighting, electricity, gas, waterways, canals, water supply, long term arrangement for providing water supply to the areas whether from near or distant sources, drainage including sewerage, surface or sub-soil drainage and sewerage disposal, solid waste and refuse and manufacture of its by-products, and other infrastructure facility based on present and future requirements;
- (h) the preservation and protection of objects of historical importance or national interest or natural beauty and of buildings actually used for religious purposes;
- (i) the suspension, so far as may be necessary for proper carrying out of the Development Scheme, of any rules, bye-laws, regulations, notifications or orders made or issued under any Rajasthan Law;
- (j) acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the Development Scheme; and
- (k) such other matters as are likely to have an important influence on the development of the area or matters not inconsistent with the objects of this Act, as may be laid down by the regulations to be prepared by the Regional Development Authority.
Chapter V Planning For The Special Investment Regions Master Development Plan
20. Power of Regional Development Authority to declare its intention to make Development Scheme.
- (1) Subject to the guidelines and parameters framed by the State Government or Board, if any prevailing in this regard, a Regional Development Authority may by resolution declare its intention to make Development Scheme in respect of the Special Investment Region, the periphery, or any part thereof: Provided that no declaration under this sub-section shall be made by a Regional Development Authority in respect of areas provided in a Master Development Plan as buffer for abadi development, except with prior consent of the concerned gram panchayat or municipality, as the case may be.
- (2) Not later than thirty days from the date of declaration of intention to make a Development Scheme, the Regional Development Authority shall publish the declaration in the Official Gazette and in such other manner as may be provided by the regulations.
- (3) A copy of the declaration referred to in sub-section (2) shall be open to the inspection of the public at all reasonable hours at the head office of the Regional Development Authority.
Chapter V Planning For The Special Investment Regions Master Development Plan
21. Making and publication of draft Development Scheme and its operation by means of notice
- (1) Not later than twelve months from the date of declaration, the Regional Development Authority shall make a draft Development Scheme for the area in respect of which the declaration was made.
- (2) The Regional Development Authority shall publish a notice in the Official Gazette and in such other manner as may be provided by the rules stating that the draft Development Scheme in respect of such area has been made and notice shall state the name of the place where a copy thereof shall be available for inspection by public and shall also state that copies thereof or any extract therefrom, certified to be correct, shall be available for sale to the public at a reasonable price.
- (3) After thirty days from the date of publication of the notice under sub-section (2) regarding preparation of the draft Development Scheme, if any person affected thereby communicates in writing any objection relating to such draft Development Scheme, the Regional Development Authority shall consider such objection and may make necessary modifications to the draft Development Scheme, as it may deem fit. The Regional Development Authority shall publish final Development Scheme in the Official Gazette, and in such other manner as may be provided by the rules, and specify the date on which it shall come into operation.
Chapter V Planning For The Special Investment Regions Master Development Plan
22. Power to vary Development Scheme on ground of error, irregularity or infirmity.
If after the final Development Scheme has come into operation, the Regional Development Authority considers that the Development Scheme is defective on account of an error, irregularity or infirmity, the Regional Development Authority may amend or vary the Development Scheme to remove such error, irregularity or infirmity: Provided that before making any amendments under this section the Regional Development Authority shall issue a notice in the Official Gazette to that effect and follow the procedure as may be laid down by the regulations
Chapter V Planning For The Special Investment Regions Master Development Plan
23. Power to vary Development Scheme
Notwithstanding anything contained in this Act, a Development Scheme may, at any time be amended by an amended Development Scheme, published in the Official Gazette, and sanctioned in accordance with this Act: Provided that when a Development Scheme is so amended, the provisions of Sections. 19 to 21 shall, so far as may be applicable, apply to such amendment and making of subsequent Development Scheme and the date of the declaration of intention of the Regional Development Authority to amend the Development Scheme shall be deemed to be the date of declaration of intention to make a Development Scheme referred to in Section 20.
Chapter V Planning For The Special Investment Regions Master Development Plan
24. Power of Regional Development Authority to make agreement
A Regional Development Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a Master Development Plan or a Development Scheme and unless it is otherwise expressly provided therein, such agreement shall take effect on or after the day on which the Master Development Plan or the Development Scheme, as the case may be, comes into force.
Chapter V Planning For The Special Investment Regions Master Development Plan
25. Power to give directions to government agency.
- (1) A Regional Development Authority may give directions to any government agency or person, with regard to implementation of any plan or scheme prepared under this Chapter, as it thinks fit and such government agency or person shall be bound to comply with such directions.
- (2) Where any direction is given to any government agency or person under sub-section (1), such government agency or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final.
- (3) A Regional Development Authority shall exercise such powers as may be necessary to ensure that every plan and scheme sanctioned under this Chapter is executed in the interest of achieving the purposes of this Act.
Chapter V Planning For The Special Investment Regions Master Development Plan
26. Preparation of Zonal Development Plans.
Subject to the provisions of this Act, a Regional Development Authority, for the purpose of implementation of the Master Development Plan or otherwise, may, subject to general or specific directions of the State Government or the Board, prepare Zonal Development Plan for any zone of the Special Investment Region or the periphery. The Zonal Development Plan may generally provide for those matters as may be prescribed by the rules. Sections 19 to 21, shall, to the extent possible, apply to the preparation, publication and approval of Zonal Development Plan as ley apply to Development Scheme.
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