Chapter IV Chapter IV

Powers and Functions of the Authority

The main object of the Authority shall be to secure the integrated development of the Kota Region and for that purpose the functions of the Authority shall be:-

1. (a) urban planning including the preparation of Master Development Plan and Zonal Development Plans and carrying out surveys for the purpose and also making alterations therein as may be deemed necessary;
2. (b) formulation and sanction of the projects and schemes for the development of the Kota Region or any part thereof;
3. (c) execution of projects and schemes directly by itself or through a local authority or any other agency;
4. (d) to make recommendations to the State Government on any matter or proposal requiring action by the State Government, Central Government, any local authority or any other authority for overall development of the Kota Region;
5. (e) participation with any other authority for the development of the Kota Region;
6. (f) co-ordinating execution of projects or schemes for the development of the Kota Region;
7. (g) supervision or otherwise ensuring adequate supervision over the planning and execution of any project or scheme, the expenses of which, in whole or in part are to be met from the Kota Region Development Fund;
8. (h) preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism entertainment and similar other activities;
   • (i) execution of projects and schemes on the directions of the State Government;
9. (j) undertaking housing activity in Kota Region: Provided that the delineation of responsibility for housing between Rajasthan Housing Board and the Authority will be made by the State Government effective from the date to be fixed by it;
10. (k) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;
11. (l) to enter into contracts and agreements or arrangements with any person or organisation as the Authority may deem necessary for performing its functions;
12. (m) to prepare Master Plan for traffic control and management, devise policy and programmes of action for smooth flow of traffic and matters connected therewith;
13. (n) to perform functions designated by the State Government in the areas of urban renewal, environment and ecology, transport and communication, water energy resource management directly or through its Functional Board or other departments/agencies as the State Government may specify;
14. (o) regulating the posting of bills, advertisement hoardings, signpost and name boards in Kota Region or in any part thereof as specified by the Authority;
15. (p) regulating the erection or re-erection of buildings and projections, making material alterations therein and providing for open spaces in Kota Region or in any part thereof as specified by the Authority;
16. (q) removing obstructions and encroachments upon public streets, open spaces and properties vesting in the Government or the Authority;
17. (r) to do all such other acts and things which may be necessary for, or incidental or conducive to, any matters which arise on account of its activity and which are necessary for furtherance of the objects for which the Authority is established; and
18. (s) to perform any other functions that the State Government may designate in furtherance of the objectives of this Act.

1. (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Kota Region of the type as the Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Kota Region.
2. (2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development: Provided that such person may apply for such permission through the concerned local authority and such local authority shall forward his application to the Authority with its recommendations, if any.
3. (3) The Authority shall, after making such enquiry as it deems necessary and within sixty days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. If such permission is not granted or refused within sixty days as aforesaid, the applicant may, by a written communication presented in person or through his authorised representative to the Secretary of the Authority or any other officer nominated by him in this behalf, call the attention of the Authority to the omission or neglect in granting or refusing permission, and if such omission or neglect continues for a further period of thirty days from the receipt of such communication, the Authority shall be deemed to have permitted the proposed development and such development may be proceeded within the manner specified in the application: Provided that nothing herein contained shall be construed to authorise any person to act in contravention of any provision of this Act or the rules, regulations or order made thereunder, relating to any matters other than the requirement of obtaining permission of the Authority before undertaking or carrying out any improvement under this Act.
4. (4) Any authority or person aggrieved by the decision of the Authority under sub-section (3), may, within thirty days, appeal against such decision to the State Government whose decision shall be final: Provided that where the aggrieved authority submitting such appeal is under the administrative control of the Central Government the appeal shall be decided by the State Government after consultation with the Central Government.
5. (5) In case any person or authority does anything contrary to the decision given under this section, the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Authority may give such directions to any local authority or other authority or person, with regard to the implementation of any project or scheme financed under section 16, as it thinks fit and any such local authority or other authority or person shall be bound to comply with such directions.
2. (2) Where any direction is given to any local authority, other authority or person under sub-section (1), such authority or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final.
3. (3) The Authority shall so exercise the powers of supervision referred to in clause (g) of section 16, as may be necessary to ensure that each project or scheme is executed in the interest of the overall development of the Kota Region and in accordance with any plan, project or scheme duly approved under any law for the time being in force or by the State Government.

1. (1) Where any amenities are provided by the Authority, the Authority may assume responsibility for the maintenance of the amenities which have been provided by it or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility.
2. (2) The Authority, may also require the local authority or any other authority to make provision for such other amenities as may be specified by it and which have not been provided by the Authority, on such terms and conditions as may be agreed upon and where terms and conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government in consultation with the local authority or any other authority, as the case may be, and the Authority.

1. (1) Where the Authority is satisfied that any direction given by it under sub-section (1) of section 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such authority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Kota Region, the Authority may, with the sanction of the State Government, itself undertakes any works and incur any expenditure for the execution of such projects or implementation of such schemes, as the case may be.
2. (2) The Authority may also undertake any works in the Kota Region in accordance with the Master Development Plan or the Zonal Development Plan or any other project or scheme, as the case may be, as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the State Government-
   • (a) there is no other suitable authority to undertake such work; or
   • (b) where there is such an authority but it is unwilling or unable to undertake such work; or
   • (c) where the Authority has specifically requested the State Government to entrust such work to it.
3. (3) Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purpose of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the local authority or other authority or person referred to in subsection (1).
4. (4) The Authority may, for the purpose of sub-sections (1) and (2), undertake the survey of any area within the Kota Region and for that purpose it shall be lawful for any member, officer or servant of the Authority-
   • (a) to enter in or upon any land to take level of such land;
   • (b) to dig or bore into the sub-soil;
   • (c) to mark levels and boundaries by placing marks and cutting trenches; and
   • (d) where otherwise the survey cannot be completed or levels and boundaries can not be marked, to cut down and clear away any fence or jungle: Provided that, before entering upon any land, the Authority shall give notice of its intention to do so in such manner as may be specified in the regulations.