The Rajasthan State Mela Authority Act, 2023

(1) This Act may be called the Rajasthan State Mela Authority Act, 2023. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(1) In this Act, unless the context otherwise requires,- (a) “Authority” means the Rajasthan State Mela Authority constituted under section 3; (b) “Chairperson” means the Chairperson of the Authority; (c) “Chief Executive Officer” means an officer designated as the Chief Executive Officer under section 5; (d) “control room” means the temporary office of the Mela Magistrate in the Mela area; (e) “District Mela Committee” means the District Mela Committee constituted under section 9; (f) “Fund” means the Mela Development and Management Fund as constituted under section 14; (g) “Mela” means such Melas which are notified by the State Government, for management through the Authority; (h) “Mela Area” means any place used permanently or temporarily for holding or organising a Mela and includes all lands and buildings appurtenant thereto; (i) “Mela Magistrate” means an officer designated as a Mela Magistrate under section 12; (j) “Mela Period” means the period fixed by the Authority for holding the Mela on the basis of recommendation by the District Mela Committee; (k) “organiser” means the person or persons or Trust or Society or Company who organises Mela; (l) “prescribed” means as prescribed by rules; and (m) “rules” means rules made under section 23. (2) Words and expressions used herein and not defined but defined in the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) have the same meanings as assigned to them in that Act.

(1) As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish and constitute for the purpose of this Act, an Authority, to be called the Rajasthan State Mela Authority. (2) The Authority shall consist of the following, namely:- (a) the Minister in-charge of the Department of Tourism - Chairperson; (b) eminent and distinguished non-government person, who evince interest in development of Melas, to be nominated by the State Government - Vice-Chairperson; (c) the Secretary in-charge, Department of Home or an officer nominated not below the rank of Joint Secretary - Member; (d) the Secretary in-charge, Department of Finance or an officer nominated not below the rank of Joint Secretary - Member; (e) the Secretary in-charge, Department of Medical and Health or an officer nominated not below the rank of Joint Secretary - Member; (f) the Secretary in-charge, Department of Public Works or an officer nominated not below the rank of Joint Secretary - Member; (g) the Secretary in-charge, Department of Tourism or an officer nominated not below the rank of Joint Secretary - Member; (h) the Secretary in-charge, Department of Art and Culture or an officer nominated not below the rank of Joint Secretary - Member; (i) the Secretary in-charge, Department of Devasthan or an officer nominated not below the rank of Joint Secretary - Member; (j) the Secretary in-charge, Department of Energy or an officer nominated not below the rank of Joint Secretary - Member; (k) the Secretary in-charge, Department of Animal Husbandry or an officer nominated not below the rank of Joint Secretary - Member; (l) the Secretary in-charge, Department of Local Self Government or an officer nominated not below the rank of Joint Secretary - Member; (m) the Secretary in-charge, Department of Urban Development and Housing or an officer nominated not below the rank of Joint Secretary - Member; (n) the Secretary in-charge, Department of Minorities or an officer nominated not below the rank of Joint Secretary - Member; (o) the Secretary in-charge, Department of Rural Development and Panchayati Raj or an officer nominated not below the rank of Joint Secretary - Member; (p) the Secretary in-charge, Department of Co-operative or an officer nominated not below the rank of Joint Secretary - Member; (q) the Secretary in-charge, Department of Transport or an officer nominated not below the rank of Joint Secretary - Member; (r) the Secretary in-charge, Department of Disaster Management or an officer nominated not below the rank of Joint Secretary - Member; (s) the Secretary in-charge, Department of Relief and Civil Defence or an officer nominated not below the rank of Joint Secretary - Member; (t) the Secretary in-charge, Department of Micro, Small and Medium Enterprises or an officer nominated not below the rank of Joint Secretary - Member; (u) the Secretary in-charge, Department of Information and Public Relations or an officer nominated not below the rank of Joint Secretary - Member; (v) the Director General of Police or an officer nominated not below the rank of Additional Director General of Police (Law and Order) - Member; (w) the Commissioner, Tourism - Member; (x) the Director, Local Bodies - Member; (y) three eminent and distinguished non-government persons, who evince interest in development of Melas, to be nominated by the State Government - Members; (z) Chief Executive Officer, Rajasthan State Mela Authority - Member-Secretary. Explanation.- For the purposes of this sub-section, the expression “Secretary to the Government in-charge” means the Secretary to the Government in-charge of a department and includes an Additional Chief Secretary and a Principal Secretary when he is in-charge of that department. (3) 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, by the said name, sue or be sued. (4) The term of the Vice-Chairperson and nominated non-government members shall be three years. (5) The allowances of Vice-Chairperson and nominated non-government members shall be such as may be prescribed. (6) The headquarters of the Authority shall be at Jaipur.

(1) The Chairperson of the Authority shall exercise and discharge such powers and functions of the Authority as may be prescribed. (2) The Vice-Chairperson of the Authority shall exercise and discharge such powers and functions of the Chairperson as may be prescribed or as may be delegated to him by the Chairperson.

(1) The State Government shall designate an officer not below the rank of Joint Secretary to the State Government to be the Chief Executive Officer of the Authority. (2) The Chief Executive Officer shall exercise direct supervision and control over all officers and employees of the Authority. (3) The Chief Executive Officer shall exercise such powers and perform such functions as may be prescribed and implement the decisions of the Authority and the directions of the Chairperson.

(1) The Authority shall have such permanent and temporary staff to run its office and day to day work. (2) The Authority may, with the approval of State Government, create posts of the officers and employees of the Authority. (3) The terms and conditions of the service including the salaries and allowances of the staff appointed under sub-section (1) shall be such as may be prescribed. (4) For the purpose of carrying out its functions under this Act the Authority may requisition the services of any officer or employee with the approval of the State Government. (5) The staff referred to in sub-section (1) shall be under the administrative and disciplinary control of the Chief Executive Officer.

The meeting of the Authority may be held at least once every six months or as and when required at any time at the desire of the Chairperson.

(1) The Authority may take decision, for proper functioning, regulation and management of Mela, as well as direct and decide policy for the augmentation of revenue sources, arrangement of fund by grants from the Government or other sources. (2) The Authority shall frame guidelines for, proper and safe management and, organisation of various Melas in the State. These guidelines shall be binding on the organisers of a Mela. (3) The Authority shall have powers to make recommendations for bringing any Mela under its authority, considering its cultural, social and religious importance or on the basis of receipt of information in this regard from other sources. (4) The Authority shall exercise such other powers and perform such other functions as may be necessary for carrying out the provisions of this Act.

(1) The State Government shall constitute a District Mela Committee in each district for the implementation of the decisions taken by the Authority. (2) The District Mela Committee shall consist of the following, namely:- (a) District Collector and District Magistrate Chairperson; (b) Superintendent of Police/Deputy Commissioner of Police Member; (c) Superintending Engineer, Public Works Department Member; (d) Superintending Engineer, Public Health and Engineering Department Member; (e) Superintending Engineer, Electricity Distribution DISCOM Member; (f) Chief Medical and Health Officer Member; (g) Regional/District Transport Officer Member; (h) Chief Executive Officer, Zila Parishad Member; (i) District Industries Officer Member; (j) Deputy Registrar, Co-operative Societies Member; (k) Mela Magistrate Member; (l) Assistant Mela Magistrate Member; (m) Concerned Chief Executive Officer/Executive Officer, Local Body Member; (n) Block Development Officer Member; (o) Assistant Director, Animal Husbandry Department Member; (p) Concerned Assistant Commissioner, Devasthan Department Member; (q) Concerned Assistant Director, Tourism Department Member; (r) Public Relations Officer Member; (s) Fire Officer, Disaster Management Member; (t) In-charge, District Civil Defence Unit Member; (u) two eminent and distinguished non-government persons, who evince interest in development of Melas, to be nominated by the District Collector and District Magistrate Members; (v) Additional District Collector and District Magistrate to be nominated by the District Collector and District Magistrate Member-Secretary. (3) The District Mela Committee shall take all decisions regarding organising of Mela as per the instructions given by the Authority from time to time. (4) If the Mela area of any Mela falls in more than one district, the District Mela Committee for the Mela shall be determined by the Authority and district administration of each district shall co-ordinate and co-operate with that District Mela Committee. (5) The term of the nominated non-government members shall be three years. (6) The allowances of nominated non-government members shall be such as may be prescribed.

The meeting of the District Mela Committee may be held as and when required at any time as decided by the Chairperson.

The District Mela Committee shall perform the following functions:- (a) to visit Mela area in order to organise the Mela in a safe, peaceful and orderly manner; (b) to examine and finalise the management plan of each Mela and forward it to the Authority for final approval; (c) to examine fresh proposals for Mela and forward it to the Authority for approval; (d) to prepare proposals for obtaining budget from the State Government for the Mela and forward it to the Authority; (e) to hold a review meeting after each Mela and submit its report to the Authority; and (f) to perform other functions assigned by the Authority.

(1) The Chairperson of the District Mela Committee shall designate one Executive Magistrate as Mela Magistrate and as many officers as Assistant Mela Magistrate for each Mela as per requirement for the purpose of holding, controlling, managing and regulating Mela in a district. (2) The Mela Magistrate shall have a temporary office in the Mela area which shall function as a control room.

(1) Subject to the direction, control and supervision of the Authority or the District Mela Committee, the Mela Magistrate shall monitor the arrangements in respect of all matters relating to the organising of the Mela and shall also have the power to order to organiser or officer for:- (a) temporary allotment of free space on rent in public interest for various purposes during the Mela period; (b) protection of buildings situated in the Mela area; (c) supply of water and any other material for extinguishing the fire; (d) prohibiting of entry or use of any explosive material; (e) removal of any suspected person suffering from dangerous infectious diseases from the Mela area; (f) disinfecting any house, residence, building, source of water supply or any other suspected source of infection; (g) stopping or removing any person from entering the Mela area on grounds of law and order; (h) destruction of any food or other material injurious to human consumption; (i) ensuring systematic and safe darshan of devotees at religious places of worship; and (j) arrangement of movable and permanent public facilities, medical facilities, electricity and water, security, transport and easy services of the road. (2) A copy of the order made under any clause of sub-section (1) shall be made available to the orgniser concerned.

(1) There shall be constituted a Fund to be called the Mela Development and Management Fund. (2) The following moneys shall form part of, and be paid into, the Fund, namely:- (i) any grants received from the State Government or the Central Government; (ii) any fee and surcharge received by the Authority under this Act; (iii) any trust, bequests, donations, endowments and other grants; and (iv) any other sums received on behalf of the Authority. (3) The Fund shall be applied for the purposes of this Act and not otherwise.

(1) The accounts of the Authority shall be prepared and maintained in such form and in such manner as may be prescribed. (2) The accounts of the Authority shall be subject to audit by the Director, Local Fund Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. 28 of 1954) or in the manner as may be prescribed.

(1) The Authority shall prepare every year a report of its activities under this Act during that year and submit the report to the State Government. (2) The State Government shall, as soon as may be after the receipt of a report under sub-section (1), cause the same to be laid before the House of the State Legislature.

(1) No organiser shall organise a Mela without taking permission from the District Magistrate or any officer nominated by the District Magistrate not below the rank of Sub-Divisional Magistrate. (2) An organiser shall make application for permission of organising a Mela thirty days before the start of Mela in such form and such manner as may be prescribed. After receiving the application the District Magistrate or any officer nominated by the District Magistrate shall decide it within a period of seven days.

(1) An organiser shall make systematic planning for organising a Mela and install public safety features as follows, namely:- (a) provide basic parking facility for vehicles and different entry and exit points in Mela area; (b) deploy security personnel; and (c) install fire prevention and life safety measures. (2) An organiser shall also bear other responsibilities as may be prescribed. (3) An organiser shall obey the terms and conditions, as mentioned in the permission, which are prescribed by rules.

(1) If an organiser organises a Mela without permission, or even after the permission granted is revoked, he shall be punished with simple imprisonment for a term which may extend to one year or with fine or both. (2) If any organiser disobeys the terms and conditions of the permission, he shall be punished with imprisonment for a term which may extend to six months or with fine or both. (3) If any kind of loss of life is caused due to negligence of organiser during organising a Mela, he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) If any person who carries out any unauthorised construction within the Mela area without any permission or violates the terms and conditions of such business licence during the Mela period or contravenes any provision of this Act or any rule made thereunder shall be punishable with a simple imprisonment, which may extend to three months or fine or both. (5) No court shall take cognizance of an offence under this Act except on a complaint made by the Mela Magistrate.

(1) Where an offence has been committed by a Trust or Society or Company under this Act, every person, who at time the offence was committed was in charge of, and was responsible to the Trust or Society or Company for the conduct of the business of the Trust or Society or Company, as well as the Trust or Society or Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a Trust or Society or Company and it is proved that the offence has been committed with the consent or connivance or, is attributable to any neglect on the part of any member of Trust or member of Society or Director, Manager, Secretary or other officer of the Trust or Society or Company, such member of Trust or member of Society or Director, Manager, Secretary or other officer shall be liable to be proceeded against and punished accordingly.

No suit, prosecution or other legal proceeding shall lie against the State Government or the Chairpersons or Members of the Authority and District Mela Committee or any other employee or officer acting under the direction of the said Authority or Committee, for anything which is in good faith done or intended to be done under this Act or the rule made thereunder.

(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 the Authority shall be deemed to be dissolved accordingly. (2) From the said date- (a) all assets, properties, funds and dues which are vested in or realisable by the Authority shall vest in, or be realisable by the State Government; (b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government; and (c) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising assets, properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the State Government.

(1) The State Government may make rules for carrying out the purpose of this Act. (2) All rules made under this Act 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 total period of fourteen days which may be comprised 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 modifications in any of such rules, or resolves that any such rule should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. (3) Every rule made under this Act shall be published by the State Government in the Official Gazette.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provisions, not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after expiry of two years from the date of the commencement of this Act. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the House of State Legislature.