Chapter I Preliminary

1. (1) This Act may be called. The Jodhpur Development Authority Act, 2009.
2. (2) It shall extend to Jodhpur Region Area.
3. (3) It shall be deemed to have come into force on and from 30.8.2008.

In this Act, unless the context otherwise requires : -

1. (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 purpose and the word "agricultural" shall be construed accordingly;
2. (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. (3) "Authority" means the Jodhpur Development Authority constituted under-section3;
4. (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. (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. (6) "development area" means the area declared as such under sub-section (1) of section 29 and in which development is proposed to be undertaken within a reasonable period through schemes, projects or otherwise;
7. (7) "Government" means Government of the State of Rajasthan;
8. (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. (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. (10) "Local authority" means a Municipality or Panchayat;
11. (11) "Municipality" means a Municipality established under the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) in Jodhpur Region;
12. (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;
    • (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; or
    • (c) rent-free occupant of any building or land;
13. (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. (14) "Panchayat" means a panchayat established under the Rajasthan Panchayat Raj Act, 1994 (Act No. 13 of 1994) in Jodhpur Region;
15. (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. (16) "prescribed" means prescribed by rules under this Act.
17. (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. (18) "regulation" means a regulation made by the Authority under this Act;
19. (19) "rule" means a rule made by the Government under this Act;
20. (20) "Tribunal" means Tribunal constituted under the provisions of this Act;
21. (21) "Zone" means any of the division in which Jodhpur Region may be divided for the purposes of development under this Act;
22. (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).