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section 96

Dissolution of the Urban Improvement Trust, Jodhpur and savings

The Jodhpur Development Authority Act, 2009
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Chapter XII Miscellaneous

Statutory text
  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of this Act, continue and be deemed to have been made under the provisions of this Act, unless and until they are superseded by the any, assessment, valuation, measurement or division made by the Authority;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.

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