Chapter XII Miscellaneous

1. (1) The State Government shall, by notification in the official Gazette, constitute a Tribunal for the purpose of this Act.
2. (2) The Tribunal shall consist of one person who shall be an officer of the State Government and shall be paid such salary and allowances as may be determined by the State Government.
3. (3) The State Government may, to assist the Tribunal, direct the Authority to appoint such number of servants and of such cadre as may be deemed necessary.
4. (4) The expenses of the Tribunal shall be borne by the Authority.
5. (5) The procedure to be followed by the Tribunal in deciding the appeals or disputes referred to it under this Act shall be such as may be prescribed.
6. (6) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. V of 1908) in respect of hearing and deciding of an appeal or any dispute referred to it.
7. (7) Except as otherwise provided, any dispute arising out of any provision of this Act may be referred to the Tribunal by the Authority. The decision of the Tribunal shall be final and binding on all the parties thereto.
8. (8) Except as otherwise provided -
   • (a) any person aggrieved by an order or notice of the Authority may file an appeal in the Tribunal within thirty days of the communication of such order or notice to him; and
   • (b) any person aggrieved by any threatened act or injury from the Authority affecting his rights may refer the dispute to the Tribunal within thirty days of the communication or knowledge of such threatened act or injury; and the decision of the Tribunal shall be final.

1. (1) The State Government may, by notification in the official Gazette, constitute a Settlement Committee consisting of a Chairman and such other member, as it may deem fit, to resolve the disputes between the Authority and other persons; and such Committee shall undertake to resolve the dispute whenever so requested by the concerned person.
2. (2) The Settlement Committee shall have such powers and follow such procedure as may be prescribed by the State Government.
3. (3) Any Committee already constituted for this purpose shall be deemed to have been constituted under this Act.
4. (4) The decision given by such Committee shall be binding on the Authority.

Where any sum (not being rent payable in respect of any premises of the Authority) payable to the Authority, whether under any agreement, express or implied or otherwise, howsoever, is not paid on or before the due date -

1. (a) and the claim is not disputed, the Jodhpur Development Commissioner or any officer authorised by him in this behalf shall send to the Collector a certificate under his hand indicating therein the sum which is due to the Authority or is claimed by the Authority, as the case may be, and thereupon, the Collector shall recover the sum due to claimed as an arrears of land revenue;
2. (b) and the claim is disputed, it shall be referred to the Tribunal which shall, after making such inquiry as it thinks fit and after giving to the person by who the sum is alleged to be payable a reasonable opportunity of being heard, decide the question; and communicate forthwith its decision to the Authority. Any person aggrieved by the decision of the Tribunal may, within thirty days from the date of such decision, appeal to the Board of Revenue. The decision of the Board of Revenue shall be final and shall not be called in question in any Court, Thereupon the Collector shall recover the sum determined to be due as arrears of land revenue.

1. (1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Jodhpur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into upon any land or building for the purpose of -
   • (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
   • (b) examining works under construction and ascertaining the course of sewers and drains;
   • (c) digging or boring into the sub-soil;
   • (d) setting out boundaries and intended lines of works;
   • (e) making such levels, boundaries and lines by placing mark; and cutting trenches;
   • (f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or (g) doing any other thing necessary for the efficient admission of this Act: Provided that -
     • (i) no such entry shall be made except between the hours of sunrise and sunest and without giving reasonable notice at least of twenty-four hours to the occupier, or if there be no occupier, to the owner of the land or building;
     • (ii) sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; and
     • (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, the social and religious usages of the occupants of the premises entered.
2. (2) It shall be lawful for any person authorised under sub-section (I) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier -
   • (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and
   • (b) if the owner or occupier is absent or, being present, refuses to open such door, gate or barrier.

1. (1) All document which expression shall include, notice and orders required by this Act or any rule or regulation made thereunder to be served upon any person, shall, save as otherwise provided in this Act, or rule or regulation made thereunder, be deemed to be duly served -
   • (a) where such document is to be served on a department, local authority, railway, company, society or any other body of person whether incorporated or not, if the document is addressed to the head of the department, General Manager of the Railway, Secretary or principal officer of the local authority, company society or any such other body at its principal, branch, local or registered office, as the case may be, and is either -
     • (i) sent by registered post to such office; or
     • (ii) delivered at such office; or
   • (b) where the person to be served is a partner in a firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on and is either -
     • (i) sent by registered post; or
     • (ii) delivered at the said place of business; or
   • (c) in any other case, if such document addressed to the person to be served and -
     • (i) is given or tendered to him, or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of resident 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
     • (iii) is sent by registered post of the person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier" as the case may be, of that land or building (naming or describing that land or building), without further name or description and shall be deemed to be duly served -
   • (a) if the document so addressed it sent or delivered in accordance with clause (c) of sub-section (1), or
   • (b) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building.
3. (3) Where a document is served on a partnership firm is accordance with this section, the document shall be deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the Jodhpur Development Commissioner or any other officer authorised by him in this behalf, may, by notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof.
5. (5) Where an attempt to serve a document on any person in the manner indicated in the foregoing provisions of this section has failed it shall be deemed to be an effective service of the document on such person if the notice of the document to be served in published in some prominent daily local Hindi newspaper.

Every officer and other employees of the Authority and every member of the Authority, Executive Committee, other committees. Functional Board and other bodies constituted under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. XLV of 1860).

1. (1) Subject to rules if any, that may be made under this Act, and regard being had to the fact that the Authority itself provides in the areas within the jurisdiction of any local authority all or any of the amenities which the local authority provides, then the Authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful, for the local authority to arrive at an agreement with the Authority, with the prior sanction of the State Government, to receive a lump sum contribution from the Authority in lieu of all or any of the taxes levied or services rendered by the local authority.
2. (2) Where no such agreement as is referred to in sub-section (1) can be reached, the matter may be referred to the State Government and the State Government may, after giving to the local authority and the Authority a reasonable opportunity of being heard, decide the amount of such contribution. The decision of the State Government shall be binding on both parties.

1. (1) Any person dealing with the Authority may execute an agreement in favour of such Authority providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement, and to pay to the Authority the amount so deducted in satisfaction of any debt or demand of the Authority against such person. Such an agreement shall be accompanied with a consent in writing of the employer.
2. (2) On the execution of such agreement, the employer shall, if so required by the authority, by requisition in writing and so long as the Authority does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement, and pay the amount so deducted to the Authority as if it were a part of the salary or wages payable by the employer as required under the Payment of Wages Act, 1936 (Central Act No. 4 of 1936) on the day on which the employer makes payment.
3. (3) If, after the receipt of a requisition made under the foregoing sub-section, the employer at any time fails to deduct the amount specified in the requisition from the salary or wages payable to such person or makes a default in remitting the amount deducted to the Authority, the employ shall be personally liable for the payment thereof, and the amount shall be recoverable on behalf of the Authority, from the employer as an arrear of land revenue.

1. (1) The Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guide-lines laid down, from time to time by the State Government for development of the areas in the Jodhpur Region.
2. (2) The Authority shall be bound to comply with such directions which may be issued, from time to time, by the State Government for efficient administration of this Act.
3. (3) If, in connection with the exercise of the powers and the performance of the duties of the Authority under this Act, any dispute arises between the Authority and the State Government, the matter shall be decided by the State Government and its decision shall be final.

Any officer or employee of the Authority may, in accordance with the rules made under section 91, be transferred by the State Government to the Rajasthan Housing Board or any Urban Improvement Trust or any Municipality on post carrying pay scale not lower than the pay scale of the officer or employee to be transferred: Provided that lien of the officer or employee so transferred shall remain in the Authority and he shall be considered for further promotion whenever a consideration for promotion to the higher post in his cadre is made in the Authority.

The Authority shall have power to call for any return, statement of accounts, reports, statistics or other information from and local authority or other authority in the Jodhpur Region, or from any person which is required by it in the exercise nf its power and the performance of its duties under this Act or under any other law for the time being in force, and such authority or person shall be bound to furnish such information.

The provisions of this Act shall have effect notwithstanding anything inconsistent the therewith in any other law for the time being in force.

1. (1) The State Government may, by notification in the official Gazette, delegate to any officer subordinate to it all or any powers conferred on it by or under this Act, other than the power to make rules.
2. (2) The Authority may, be a resolution, delegate any of its lowers and functions exercisable by it under this Act or regulations there under except the power to prepare any Master Development Plan, Zonal Development Plan or make regulations to any officer of the Government, any local authority or other authority or body functioning in Jodhpur Region or the executive Committee, or any functional Board or Jodhpur Development Commissioner or any officer subordinate to it, subject to such conditions and restrictions as may be specified in the resolution: Provided that the delegation of powers and functions under this sub-section to any officer of the Government, local authority or other authority or body shall be made with the consent of the State Government or local authority or other authority or body, as the case may be.

1. (1) Notwithstanding anything contained in this Act, all local authorities in Jodhpur Region shall, continue to exercise their powers, perform their functions and discharge their duties which may not be inconsistent with any plan, project or scheme of the Authority.
2. (2) In the event of failure on the part of any local authority to carry out any plan, scheme, project or any direction given under this Act, the Authority, if it deems fit, for the development of Jodhpur Region, with the sanction of the State Government and by an order published in the official Gazette, may assume any of the powers, functions, and duties performed by any local authority from such date as may be specified in the order and in that case, such local authority shall, notwithstanding anything contained in any other law for the time being in force, cease to exercise such powers functions and duties from the said date.

1. (1) The State Government may from time to time make rules for the purpose of carrying out generally the provisions of this Act and regulating any particular matter thereunder which requires to be prescribed or in respect of which rules are required to be or may be, made.
2. (2) All rules made by the State Government under this Act shall be published in the official Gazette.
3. (3) All rules made under this Act shall be laid, as soon as may be after these are so made, before the House of the State Level Legislature while it is in session for a total period of thirty 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 or 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.

1. (1) The Authority may, form time to time, make regulations for all or any of the matters to be provided under this Act by regulations and generally for the other matters for which provision is. in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions and duties under this Act.
2. (2) No regulation made by the Authority under sub-section (1) shall take effect unless it is published in the official Gazette.
3. (3) The State Government may, at any time by notification in the official Gazette, repeal wholly or in part or modify any regulation made by the Authority provided that before taking any action under this sub-section, the State Government shall communicate to the Authority the grounds on which it proposes to do so, fix a reasonable period for the Authority to show cause against the proposal and consider the explanation and objections, if any, of the Authority.
4. (4) The repeal or modification of any regulation shall take effect from the date of publication of the notification in the official Gazette, if no date is therein specified, and shall not affect anything done or omitted or suffered before such date.

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 on which the Authority is established, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty.

(l) 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 unnecessary, the 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 deemed to be dissolved accordingly. (2) Form 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 land vesting in, belonging to or placed at the disposal of the Authority shall revert to the State Government; (c) all liabilities which are enforceable against the Authority shall be enforceable against the State Government; and (d) 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. (1) Save as otherwise provided in this Act, no civil court shall take congizanee of any matter which is required to be or may be decide by the Authority, Executive Committee, Jodhpur Development Commissioner, Functional Board, any body thereof, the Tribunal or the State Government, under this Act
2. (2) Save as otherwise expressly provided in this Act, an order passed or a direction given by the State Government to the Authority or an order passed or notice issued by the Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

1. (1) Notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter referred to as the "said Act" and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Authority for the Jodhpur Region under this Act, hereinafter referred to as such constitution : -
   • (a) the urban area of Jodhpur shall cease to vest in the Urban Improvement Trust, Jodhpur (hereinafter referred to as the Trust), and the Trust shall cease to exercise jurisdiction or the function in that area;
   • (b) the Trust functioning in the area covered by the urban area of Jodhpur, immediately before such constitution, shall stand dissolved;
   • (c) all land, buildings and other immovable properties (together with all interest of whatever nature and kind therein) situated in urban area of Jodhpur 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 Authority so constituted.
   • (d) 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 Authority so established;
   • (e) 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 the any, assessment, valuation, measurement or division made by the Authority;
   • (f) all plans, schemes for the development or improvement of any area declared as the urban area of Jodhpur 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 .any 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;
   • (g) all records and papers belonging to the Trust all relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (f) shall vest in and stand transferred to the Authority:
   • (h) 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 six months to the Authority within which period until otherwise extended by it, the Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of the Authority on such post and with such designations, as the Authority may determine. The officer and servant so absorbed in the service of the Authority may hold office by the same tenure, at the same remuneration and on the same terms and conditions of services as they would have held if the 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 the Authority. Such of the officer and servants who are not absorbed by the Authority under its service shall be deemed to be surplus officers and servants of the Trust and shall be absorbed by the State Government in the service of any local authority or other authority as the State Government may deem fit, on such posts, with such designations on such salary and allowances and on such terms and conditions of service, as may be prescribed but they shall not be absorbed on posts on terms, which are less advantageous to them in the matter of salary and allowances; Provided that: -
     • (i) any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Authority; and
     • (ii) the surplus officers and servants not so absorbed shall be continued in the service of the Authority and their salary and allowances shall be paid out of the Fund of the Authority until they are absorbed by the State Government, as aforesaid;
     • (i) 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 continue 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;
   • (j) 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 urban area of Jodhpur, by, with or for the Trust for such are shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Authority;
   • (k) 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 Authority; (1) all compromises, defence or withdrawals, made in or from any legal proceeding, any offence compounded or any claim admitted, by or on behalf of the trust before such Constitution shall be deemed to have made by or on behalf of the Authority and may be enforced by or against the Authority as effectively as they could be enforced by or against the Trust before such constitution;
   • (m) all suits, prosecutions, and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Authority;
   • (n) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Authority;
   • (o) all rents, fees and other sums of money due to the Trust shall be-deemed to be due to the Authority, and
   • (p) 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 urban area of Jodhpur, may continue to be levied, assessed and recovered by the Authority under the corresponding provisions of this Act.
2. (2) Where any acquisition proceeding have been started under the provision of the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or the Rajasthan Land Acquisition Act, 1953 (Act No. 24 of 1953) or under any other law for the time being in force for any of the purpose of the Trust, shall be continued and completed under and in accordance with the provisions of such laws as aforesaid.

1. (1) The Jodhpur Development Authority Ordinance, 2008 (Ordinance No. 5 of 2008) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Jodhpur Development Authority Ordinance, 2008 (Ordinance No. 5 of 2008) shall be deemed to have been done or taken under this Act.