Chapter II Establishment and Constitution of the Authority

1. (1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the official Gazette, establish fro the purposes of this Act, an Authority to be called "the Jodhpur Development Authority" (hereinafter referred to as "the Authority")
2. (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 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. (3) The Authority shall be deemed to be a local authority within the meaning the term "local authority" as defined in the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955).

1. (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 below the rank of Deputy Secretary;
   • (iv) Dy. 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) Dy. Town planner, Jodhpur; and
   • (xii) Non-official members, not exceeding seven to be nominated by the State Government.
2. (2) Besides the members referred to in sub-section (1) the State Government, if it so thinks fit, may also appoint the Chairman of any Functional Board as member of the Authority.
3. (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 an 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. (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. (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. (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 Authority as soon as he ceases to be holder of that office or such member as the case may be.
7. (7) A member of the Authority, other than ex officio members, may, at any time by writing under his hand addressed to the Chairman, resign his office but shall continue as member until his resignation is accepted by the Chairman.
8. (8) The term of the non-official members of the Authority nominated under clause (xii) of sub-section (1) shall be for a period of two years: Provided that in the event of the office of any aforesaid member becoming vacant by reason of death, removal, resignation or otherwise, the vacancy shall be filled up by fresh nomination according to the provisions of clause (xii) of sub-section (1).
9. (9) No act or proceeding of the Authority, or of any board, committee or other body thereof shall be deemed to be invalid at any time merely on the ground that any of the members of the Authority or such body are not nominated, appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the authority, or such body or any person is a member in more than one capacity, or there are one or more vacancies in the offices of any member of the Authority or such body.

1. (1) The Authority shall meet atleast one in six months at such place and at such time as the Chairman may decide and shall, subject to the provision of section 6 observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum thereat) as may be laid down by regulations.
2. (2) The Chairman or in his absence, the Vice-chairman shall preside at every meeting of the Authority. II for any reason both the Chairman and the Vice-chairman are unable to attend any meeting, any other member of the Authority, elected by the members thereof, present at the meeting, shall preside.

1. (1) A member of the Authority, who has or acquires, directly or indirectly any share or pecuniary or other interest in any contract, loan, arrangement or proposal entered into, or proposed to be entered into by or on behalf of the Authority shall cease to be a member of the Authority; Provided that a member shall not be deemed to have any such share or interest, by reason only of his being a share holder of a public limited company/concern in any such contract, loan, arrangement or proposal or that he himself or any relation of his, is employed by or on behalf of the Authority or he has such share or interest in his capacity as a member of the Authority, or his property, or any property in which he has a share or interest, is or is being acquired or taken on lease by or on lease by or on behalf of the Authority by agreement or according to any law for the time being in force.
2. (2) If any question arises whether a member of the Authority has become subject to the dis-qualifications mentioned in sub-section (1), the question shall be referred for the decision of the State Government and its decision shall be final.

1. (1) There shall be an Executive Committee of the Authority consisting of the following members, namely: -
   • (i) a Chairman, who shall be the Jodhpur Development Commissioner;
   • (ii) representative of Principal Secretary, Urban Governance (Development and Housing! not below the rank of Deputy Secretary;
   • (iii) Secretary, Jodhpur Development Authority (who shall be the member-Secretary of the Committee);
   • (iv) Chief Engineer, Public Works Department, Jodhpur, Rajasthan;
   • (v) Chief Engineer, Public Health Engineering Department, Jodhpur Rajasthan;
   • (vi) Managing Director or his representative of the Jodhpur Vidyut Vitaran Nigam Limited not below the rank of a Chief Engineer;
   • (vii) Managing Director, Rajasthan State Industrial and Investment Corporation Limited; or his representative not below the rank of General Manager;
   • (viii) Managing Director, Rajasthan State Road Transport Corporation; his representative not below the rank of General Manager;
   • (ix) Deputy Director, Tourism, Jodhpur;
   • (x) Director. Engineering of the Authority,
   • (xi) Director, Town Planning of the Authority;
   • (xii) Director, Finance of the Authority;
   • (xiii) Director, Law of the Authority;
   • (xiv) Collector. Jodhpur;
   • (xv) Superintendent of Police, Jodhpur; and
   • (xvi) The Commissioner, Municipal Corporation, Jodhpur: Provided that where an Administrator has been appointed of the Municipal Corporation of Jodhpur, he shall be the member.
2. (2) The Executive Committee shall exercise the following powers and perform the following duties, namely: -
   • (i) organisation of the division and operational units of the Authority;
   • (ii) preparation of drafts of regulation and recommending to the Authority for making them;
   • (iii) operation of the Jodhpur Region Development Funds;
   • (iv) preparation of projects and schemes;
   • (v) approval or rejection of tenders for projects and schemes;
   • (vi) creation of posts under the Authority upto such level as may be determined by regulations with the prior approval of the Government;
   • (vii) borrowing and reborrowing of money required by the Authority;
   • (viii) investment of surplus money of the Jodhpur Region Development Funds;
   • (ix) making of grants, subventions, loans or advances to or sharing expenses with any local or other authority or person for projects and schemes;
   • (x) institution or withdrawal of legal proceedings on behalf of the Authority; and
   • (xi) delegation of any of its powers and duties to its Chairman or any officer of the Authority.
3. (3) In addition to the powers and duties conferred on it under other provisions of this Act, the Executive committee shall exercise such other powners and perform such other duties as may be delegated to it by Authority from time to time.
4. (4) The Executive Committee shall meet at such place and at such time as may be determined by its Chairman, and shall observe shall rules of procedure in regard to transaction of business as may be determined by regulations.

1. (1) The State Government shall appoint any of its officer as Jodhpur Development Commissioner on such salary and allowances and on such terms and conditions of service as may be determined by the State Government. He shall be the Chief Executive of the Authority and shall supervise and control all its officer and servants, including any officer of Government appointed, from time to time, on deputation to the authority, or to the Executive Committee, or any other Committee or any Functional Board or any body thereof. He shall be responsible for collection of all sums due to the Authority and payment of all sums payable by it. He shall ensure adequate security of all assets including cash balances of the Authority. Besides the said powers and duties and the powers and duties delegated by the authority or the Executive Committee or any other committee or any Functional Board or any body thereof, he shall also exercise the following powers, perform the following functions and discharge the following duties, namely: -
   • (i) management and supervision of operational units oi the Authority;
   • (ii) except as otherwise provided, appointment of the staff as per strength sanctioned by the authority or the Executive Committee, as the case may be, including their removal, dismissal or otherwise punishing them in accordance with the regulations made by the Authority;
   • (iii) promulgation of internal procedure for management of the Authority;
   • (iv) administration of Projects and Schemes of Authority;
   • (v) grant of any permission required to be given under this Act or refusal thereof on behalf of the Authority;
   • (vi) calling tenders, scrutinise them and approve or reject them where value does not exceed rupees on crore and where the value exceeds rupees one crore making recommendation to the Executive Committee;
   • (vii) executing agreements and entering into contracts for and on behalf of the Authority; and
   • (viii) all other powers, functions and duties as may be determined by regulations.
2. (2) To aid and advise the Jodhpur Development Commissioner the State Government shall appoint the following Directors; -
   • (i) Director, Engineering who shall not be below the rank of Chief Engineer of civil construction;
   • (ii) Director, Town Planning, who shall not be below the rank of Senior Town Planner and Architectural Advisor;
   • (iii) Director, Finance who shall be not below the rank of Senior Account officer; and
   • (iv) Director Law who shall not be below the rank of a District Judge, or Joint Legal Remembrancer form the Rajasthan State Legal Service.
3. (3) The State Government shall appoint a Secretary of the Authority who shall also act as Secretary of the Executive Committee, other Committees, if any, and all Functional Boards. He shall, subject to the control and supervision of the Jodhpur Development Commissioner, record the minutes of the Proceedings of the Authority, Executive Committee, all Functional boards Committees or any body of the Authority, maintain the minute book for the same alongwith all record relevant there to and shall exercise such powers, perform such function and discharge such duties as may be delegated to him by the Authority, the Executive Committee, Jodhpur Development commissioner or any Functional Board.
4. (4) The State Government may also appoint one or more Additional Commissioners and Additional Secretaries to assist the Jodhpur Development Commissioner and they shall perform such functions and discharge such duties as may be delegated to them by the Jodhpur Development Commissioner.
5. (5) The officers appointed under sub-section. (2), (3) and (4) shall be deemed to be officers of the Authority and their salary and allowances any their terms conditions of service shall be such as may be determined by the State Government.

The Authority or in case the powers are delegated by it, the Executive Committee may, from time to time, sanction creation of posts of all other officers and servants with the prior approval of the Government, except the officers referred to in section 8, subordinate to the Authority including Executive Committee, any other Committee, and Functional Board or any other body as it thinks necessary. The conditions of appointment and service, strength of the cadre and the powers, functions and duties of such office rs and servants shall be such as may be determined by regulations.

1. (1) The Authority may constitute committees consisting wholly of members of such Authority or partly of members of such Authority and partly of other persons in such manner and for such purposes and functions as may be specified by the Authority by regulations.
2. (2) The Committee, constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.
3. (3) The members of the committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the committee as may be prescribed.

All proceedings of the Authority, the Executive Committee, other Committees and the Functional Boards shall be authenticated by the signatures of the Chairman of the Authority, the Executive Committee, other Committee, or the Functional Board, as the case may be, or of any member thereof authorised by the Chairman in this behalf and all other orders and instruments of the Authority shall be authenticated by the Jodhpur Development Commissioner or by any other officer of the Authority authorised by him in this behalf.

The Authority, the Executive Committee, the Jodhpur Development Commissioner or a Functional Board may invite any officer of the State Government or local authority or other authority or any person to attend its meeting or meetings as a special or permanent invited for the purpose of assisting or advising it on any matter or; matters. The officers or the persons so invited may take part in the proceedings, but shall have no right to vote.