Chapter XII Chapter XII

Miscellaneous

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes 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 employees 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. 5 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 members, 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 Kota Development Commissioner or any officer authorised by him in this behalf shall send to the District 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 District Collector shall recover the sum due to be claimed as 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 whom 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.

Power of entry

1. (1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Kota Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon any land or building for the purposes 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 lines, 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 administration of this Act: Provided that -
     • (i) no such entry shall be made except between the hours of sunrise and sunset 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, to 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 (1) 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 documents 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 persons 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
   • (g) in any other case, if such document is 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 residence 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 to 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 is 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 in 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 Kota 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 is 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. 45 of 1860).