The Kota Development Authority Act, 2023

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 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 disqualifications 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) Kota Development Commissioner; who shall be the Chairman;
   • (ii) representative of Secretary, Urban Governance (Development and Housing) not below the rank of Deputy Secretary; Explanation.- For the purpose of this clause, the expression "Secretary" means the Secretary to the Government in charge of a department and including an Additional Chief Secretary and a Principal Secretary when he or she is in charge of the department;
   • (iii) District Collector, Kota;
   • (iv) Superintendent of Police, Kota City;
   • (v) Superintendent of Police, Kota Rural;
   • (vi) Secretary, Kota Development Authority who shall be the Member-Secretary of the Committee;
   • (vii) Additional Chief Engineer, Public Works Department, Kota Region, Kota, Rajasthan;
   • (viii) Additional Chief Engineer, Public Health Engineering Department, Kota Region, Kota Rajasthan;
   • (ix) representative of the Jaipur Vidyut Vitran Nigam Limited, not below the rank of an Additional Chief Engineer;
   • (x) Managing Director, Rajasthan State Industrial and Investment Corporation Limited or his representative not below the rank of a General Manager;
   • (xi) Managing Director, Rajasthan State Road Transport Corporation or his representative not below the rank of a General Manager;
   • (xii) Deputy Director, Tourism, Kota;
   • (xiii) Director, Engineering of the Authority;
   • (xiv) Director, Town Planning of the Authority;
   • (xv) Director, Finance of the Authority;
   • (xvi) Director, Law of the Authority;
   • (xvii) The Commissioner, Municipal Corporation, Kota North; (xviii) The Commissioner, Municipal Corporation, Kota South;
   • (xix) Executive Officer, Municipal Board, Kaithoon; and
   • (xx) Executive Officer, Municipal Board, Keshavraipatan;
2. (2) The Executive Committee shall exercise the following powers and perform the following duties, namely:-
   • (i) organisation of the divisions and operational units of the Authority;
   • (ii) preparation of drafts of regulations and recommending to the Authority for making them;
   • (iii) operation of the Kota 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 Kota Region Development Fund;
   • (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 powers and perform such other duties as may be delegated to it by the 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 such 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 Kota 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 officers 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 of 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 the 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 the value does not exceed rupees one crore and where the value exceeds rupees one crore making recommendation to the Executive Committee;
   • (vii) executing agreements and entering into contract 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 Kota 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 Accounts Officer; and
   • (iv) Director, Law who shall be not below the rank of a District Judge or a Joint Legal Remembrancer of 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 Kota 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 along with all record relevant thereto and shall exercise such powers, perform such functions and discharge such duties as may be delegated to him by the Authority, the Executive Committee, Kota 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 Kota Development Commissioner and they shall perform such functions and discharge such duties as may be delegated to them by the Kota Development Commissioner.
5. (5) The officers appointed under sub-sections (2), (3) and (4) shall be deemed to be officers of the Authority and their salary and allowances and their terms and 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, any Functional Board or any other body as it thinks necessary.

Constitution of Committees

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 committees 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 committees 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 Kota Development Commissioner or by any other officer of the Authority authorised by him in this behalf.

The Authority, the Executive Committee, the Kota 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 invitee 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 proceeding, but shall have no right to vote.

Constitution of Functional Boards

1. (1) As soon as may be after the Authority is established under sub-section (1) of section 3, the State Government shall, by order, constitute a Functional Board to be called as the "Kota Traffic Control Board" under the Authority.
2. (2) The Kota Traffic Control Board shall consist of the following members, namely:-
   • (i) Kota Development Commissioner, who shall be the Chairman;
   • (ii) District Magistrate, Kota;
   • (iii) Superintendent of Police, Kota City;
   • (iv) Superintendent of Police, Kota Rural;
   • (v) Secretary, Kota Development Authority;
   • (vi) Regional Transport Officer, Kota, Rajasthan;
   • (vii) Chief Manager (Operation), Rajasthan State Road Transport Corporation, Zone Kota;
   • (viii) Additional Chief Engineer, Public Works Department, Kota;
   • (ix) Additional Chief Engineer, Public Health Engineering Department, Kota;
   • (x) representative of the Jaipur Vidyut Vitran Nigam Limited, not below the rank of an Additional Chief Engineer;
   • (xi) Director, Engineering of the Authority;
   • (xii) Director, Town Planning of the Authority;
   • (xiii) Director, Finance of the Authority;
   • (xiv) Mayor/Administrator, Municipal Corporation, Kota North;
   • (xv) Mayor/Administrator, Municipal Corporation, Kota South;
   • (xvi) Chairman/Administrator, Municipal Board, Kaithoon;
   • (xvii) Chairman/Administrator, Municipal Board, Keshavraipatan; and (xviii) two persons to be nominated by the Chairman of the Authority.
3. (3) The Kota Traffic Control Board shall exercise the following powers and perform the following duties, namely:-
   • (i) to prepare a Master Plan for traffic control in Kota City, Kaithoon and Keshavraipatan and to take steps in a phased manner for its implementation;
   • (ii) to take steps to modernise the traffic control system;
   • (iii) to lay down the policy for issuing traffic licences of light and heavy vehicles;
   • (iv) to determine policy for one way traffic, to impose restrictions for certain hours on certain kind of traffic on certain roads, to bar certain vehicles on certain roads, to determine parking places, stands, stops and cycle ways and other matters connected therewith;
   • (v) to lay down guidelines for raising sign signals, barriers and speed breakers;
   • (vi) to grant permission to any person, Government Department (Central or State), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof;
   • (vii) to demolish traffic hazards, obstacles and to determine compensation in such cases in accordance with regulations;
   • (viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic control and traffic education in accordance with the rules;
   • (ix) to organise traffic education; and
   • (x) to perform all other activities pertaining to the improvement and control of traffic and such other functions as may be directed by the Authority.

1. (1) On the advice of the Authority, the State Government may, from time to time, by order published in the Official Gazette, constitute, (i) a Transport and Communications Board, (ii) a Water Resources Management Board, (iii) a Housing, Urban Renewal and Ecology Board and other Functional Boards for achieving the objects of the Authority with such names as it deems fit to specify, each having membership as provided in sub-section (2).
2. (2) Each Functional Board constituted by the State Government under sub-section (1) shall consist of a Chairman and such other members (not exceeding five) as may be appointed by the State Government. At least two of the members shall be persons who have special knowledge and experience of the subject to be dealt with by the Functional Board.
3. (3) The State Government may, if it thinks fit in public interest so to do, terminate the appointment of Chairman or any member of any Functional Board constituted under subsection (1) or reconstitute the same at any time.
4. (4) Each Functional Board shall, in respect of the subject, on areas within its purview,-
   • (a) plan, identify projects and schemes, initiate surveys and conduct investigations (either by itself or engaging other agencies as appropriate) and prepare programmes and proposals for investment purposes for the consideration of the Authority, indicating the authorities and agencies to be entrusted with the execution thereof;
   • (b) advise the Authority, Executive Committee or the Kota Development Commissioner;
   • (c) implement any project or scheme, entrusted to it by the Authority or Executive Committee; and
   • (d) exercise such other powers and perform such other functions and duties as may be delegated to it by the Authority or as may be assigned to it by the Executive Committee or the Kota Development Commissioner from time to time.

1. (1) All Functional Boards constituted under this Chapter shall meet at such place and at such time as may be determined by its Chairman and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by regulations.
2. (2) The members of the Functional Boards may be paid such allowances for meeting the personal expenditure in attending meeting and for attending to any other work of the Board, as may be prescribed.

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.

Master Development Plan and Zonal Development Plans

1. (1) The Authority, with a view to securing planned integrated development and use of land, shall carry out a civic survey of and prepare a Master Development Plan for Kota Region.
2. (2) The Master Development Plan shall precisely define the quality of life that a citizen of Kota Region could desirably be expected to lead in (i) medium range perspective of the year 2031 A.D. (ii) long term perspective of the year 2040 A.D. and thereafter, and (iii) such other intermediate stages, as the State Government may direct, balanced and time targeted development to sub-serve the needs of the growing city of Kota and other areas of Kota Region, the network of public utilities, civic amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural resources and such other matters as are likely to have a bearing on the integrated development of the Kota Region and in particular may provide for-
   • (i) transport and communications such as roads, high-ways, railways, canals, international airports, air cargo complexes and bus service, including their development;
   • (ii) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services, including electricity and gas;
   • (iii) preservation, conservation and development of areas of natural scenery, city forests, wild life, natural resources and landscaping;
   • (iv) preservation of objects, features, structures or places of historical, natural, architectural or scientific interest and educational value;
   • (v) prevention of erosion, provision for afforestation or reforestation, improvement of water front areas, rivers, nallahs, lakes and tanks;
   • (vi) irrigation, water supply and hydroelectric works, flood control and prevention of water and air pollution;
   • (vii) educational and medical facilities;
   • (viii) district business centres, other shopping complexes, export oriented industrial areas and clearing houses, permanent exhibition centres, cattle fairs and markets;
   • (ix) games and sports complexes worthy of holding international events;
   • (x) amusement parks including disney land, style complexes, safari parks and other gardens and parks, picnic centres and day amusement including artificial lakes and water reservoirs;
   • (xi) cultural complexes including theatres, cinemas, rangmanch, studios, recreation centres, conference hall complexes, concert halls, town halls and auditoria;
   • (xii) tourist complexes including hotels and motels, car hiring services, organised tours and treks;
   • (xiii) development of satellite towns in Kota Region and their appropriate integration with the City of Kota including development of new townships;
   • (xiv) allocation of land for different uses, general distribution and general location of land and the extent to which the land may be used as residential, commercial, industrial, agricultural or as forests or for mineral exploitation or for other purposes;
   • (xv) reservation of areas for open spaces, gardens, recreation centres, zoological gardens, nature-reserves, animal sanctuaries, dairies and health resorts and other purposes;
   • (xvi) the relocation of the population or industry from over populated and industrially congested areas and indicating the density of population or the concentration of industry to be allowed in any area of Kota Region;
   • (xvii) housing including rural housing; (xviii) filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of lands;
   • (xix) redevelopment and improvement of existing builtup areas;
   • (xx) planning standards and zoning regulations for different zones including development of "abadi"; and
   • (xxi) planning for Kota Region for management of urban growth and all matters connected therewith and other matters as are consistent with the objective of this Act.
3. (3) The Master Development Plan may also define the various zones into which the Kota Region shall be divided for the purposes of development and indicate the manner in which the development is to be carried out and the land in each zone is proposed to be used (whether by the carrying out therein development or otherwise) and the stages by which any such development shall be carried out and shall serve as a basic pattern of frame work within which the Zonal Development Plan of the various zones may be prepared:

Zonal Development Plans

1. (1) Simultaneously with the preparation of the Master Development Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the zones into which the Kota Region may be divided.
2. (2) A Zonal Development Plan may-
   • (a) contain the provision for the developmental activities to be carried out as mentioned in subsection (2) of section 21;
   • (b) contain a site plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open spaces and other categories of public and private uses;
   • (c) specify the standards of population density and building density;
   • (d) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or redevelopment; and
   • (e) in particular, contain provisions regarding all or any of the following matters, namely:-
     • (i) the division of any site into plots for the erection of building;
     • (ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
     • (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
     • (iv) the erection of buildings on any site and the restrictions and conditions in regard to the open space to be maintained in or around buildings and height and character of buildings;
     • (v) the alignment of buildings on any site;
     • (vi) the architectural features of the elevation or frontage of any building to be erected on any site;
     • (vii) the number of residential buildings which may be erected on any plot or site;
     • (viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of building and the person or authority by whom or at whose expense such amenities are to be provided;
     • (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality;
     • (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
     • (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and
     • (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

1. (1) Before preparing any Plan finally the Authority shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by regulations inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.
2. (2) The Authority, shall also give reasonable opportunity to every local authority within whose local limits any land touched by the Plan is situated, to make any representation with respect to the Plan.
3. (3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally sanction the Plan.
4. (4) Provisions may be made by regulations with respect to the form and content of a Plan and with respect to the procedure to be followed and any other matter, in connection with the preparation and sanction of such Plan.
5. (5) Notwithstanding anything contained in sub-sections (1) to (4), the procedure as laid down in the said sub-sections shall not be required to be followed in case the development of any project or scheme or any improvement thereof, in any zone is to be carried out on any land vested in the Authority.

Immediately after a Plan has been sanctioned by the Authority, it shall publish in such manner as may be determined by regulations a notice stating that a Plan has been approved and naming a place where a copy of the Plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the Plan shall come into operation.

1. (1) At any time after a Plan has come into operation according to provisions of section 24, the Authority may make any modification to the Plan as it thinks fit, the modification, which in its opinion, does not affect material alterations in the character of the Plan and which does not relate to the extent of land uses or the standards of population density.
2. (2) The Authority with the approval of the State Government may make any other modifications into the Plan in order to promote planned development of any part of the Kota Region in more efficient manner.
3. (3) The Authority or the Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon and Municipal Board, Keshavraipatan or any other body or Committee, as may be authorised by the State Government in this behalf, may, in order to promote planned development of any part of the Kota Region in more efficient manner, make such modifications in land use of the Plan for such area, as may be specified by the State Government by notification in the Official Gazette.
4. (4) Before making any modification to the Plan, the Authority, Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon and Municipal Board, Keshavraipatan or any other body or Committee, as the case may be, shall publish a notice, in such form and manner as may be determined by regulation inviting objections before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority, Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon and Municipal Board, Keshavraipatan or any other body or Committee as the case may be.
5. (5) Every modification made under the provisions of this section shall be published and the modification shall come into operation either on the date of publication or on such date as the Authority, Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon and Municipal Board, Keshavraipatan or any other body or Committee, as the case may be may fix by notice published in the Official Gazette whereupon the modified Plan shall come into operation to all intents and for all purposes of this Act.
6. (6) Upon coming into operation of any modified Plan, any reference in any other section except in the foregoing sections of this Chapter, to the Master Development Plan or to the Zonal Development Plan shall be construed as a reference to the Master Development Plan or as the case may be to a Zonal Development Plan as modified under the provisions of this section.

As soon as may be, on the coming into operation of any plan, the Authority shall take such action for implementation of the Plan as may be deemed necessary subject to the provisions of this Act.

Any Master Plan or a Zonal Plan prepared under the provisions of any other law in force prior to the commencement of this Act shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing sections relating to the sanction, modification and operation of a Master Plan/Master Development Plan shall mutatis mutandis apply: Provided that any Master Plan or Zonal Plan sanctioned for the urban area of Kota under any other provisions of law shall cease to operate as soon as a Plan is sanctioned under the provisions of this Act.

Notwithstanding anything contained in this Act, if the State Government or the Authority at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Authority to revise, or the Authority may on its own motion undertake revision of, such Plan after carrying out if necessary fresh civic survey and preparing an existing and use map of the Kota Region and thereupon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.

Control of Development and use of Land included in Plans

1. (1) As soon as may be after a plan comes into operation as provided in section 24, the Authority may, by notification in the Official Gazette, declare any area in Kota Region to be a development area for the purposes of this Act.
2. (2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
3. (3) On or after the date on which notification under sub-section (1) is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land within the jurisdiction of the Authority or Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon or Municipal Board, Keshavraipatan, without their respective permission except the breaking open of any public street for which the previous permission of the Kota Traffic Control Board shall be obtained: Provided that, no such permission shall be necessary-
   • (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof;
   • (ii) for carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
   • (iii) for carrying out of works by any authority in exercise of its powers under any law for the time being in force;
   • (iv) for the carrying out by the Central or the State Government or any local authority of any works, required-
   • (a) for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
   • (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus;
     • (v) for the excavation (including wells) made in the ordinary course of agricultural operation;
     • (vi) for the construction of a road intended to give access to land solely for agricultural purposes;
     • (vii) for normal use of land which has been used temporarily for other purpose;
     • (viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasion; and
     • (ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.

1. (1) If it appears to the Authority that it is expedient, having regard to the Plan prepared or under preparation, that any permission to develop land granted under this Act or any other law should be revoked or modified, the Authority may after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that -
   • (a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out or shall be passed after these operations have substantially progressed or have been completed;
   • (b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place: Provided further that where the revocation or modification of the permission is necessary in public interest, the provisions of the first proviso shall not apply.
2. (2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the Authority shall, after giving the owner reasonable opportunity of being heard by the officer, appointed by it in this behalf and after considering his report assess and offer reasonable compensation to the owner.
3. (3) If the owner does not accept the compensation and gives notice within thirty days of his refusal to accept, the Authority shall refer the matter for the adjudication of the Tribunal and the decision of the Tribunal shall be final and be binding on the owner and the Authority.

1. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes or changes the use of any land-
   • (a) without permission required under this Act; or
   • (b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; or
   • (c) after the permission for development has been duly revoked; or
   • (d) in contravention of any permission which has been duly modified, shall, on conviction, be punished with fine which may extend to five thousand rupees and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.
2. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Plan without being allowed to do so under section 17, or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed, or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction, be punished with fine which may extend to ten thousand rupees; and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him within such period, being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-
   • (a) in cases specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development took place;
   • (b) in cases specified in clause (b) or (d) of subsection (1) of section 31 to secure compliance with the conditions or with the permission as modified: Provided that where the notice requires the discontinuance of any use of land, the Authority shall serve a notice on the occupier also.
2. (2) In particular, such notice may, for purposes of subsection (1), require-
   • (i) the demolition or alteration of any building or works;
   • (ii) the carrying out on land of any building or other operations; or
   • (iii) the discontinuance of any use of land.
3. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations, apply for permission under section 17 for retention on the land, of any building or works or for the continuance of any use of the land, to which the notice relates and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
4. (4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under subsection (3).
5. (5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be, and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
6. (6) If within the period specified in the notice or within the same period after the disposal of the application under subsection (4), the notice or so much of it as stands is not complied with, the Authority may-
   • (a) prosecute the owner for not complying with the notice and where the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
   • (b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operation and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
7. (7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with fine which may extend to five thousand rupees and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice, and thereupon, the provisions of subsections (3), (4), (5) and (6) of section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.
2. (2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, be punished with fine which may extend to five thousand rupees and when the non compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which the non compliance has continued or continues.
3. (3) Notwithstanding anything contained in this Chapter, where any person continues to carry out unauthorised development after receiving a notice under sub-section (1), the Authority or any officer authorised by it in this behalf, shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any Police Officer to remove the person by whom the erection of the building has been continued and all his assistants and workmen from the place of the unauthorised development within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. In addition to such removal of persons the Authority may also confiscate such construction materials, tools, etc. which such person was using for unauthorised development.
4. (4) After a requisition order under sub-section (3) has been complied with, any person or his assistants and workmen subsequently continuing unauthorised development shall, on conviction, be punishable under section 69 of this Act, in addition to the action under sub-section (3).
5. (5) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the unauthorised development under this Act.

Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development of a permanent nature or has changed the use of land-

1. (a) without permission required under this Act, or
2. (b) which is not in accordance with any permission granted or is in contravention of any conditions subject to which any permission has been granted, or
3. (c) in contravention of any permission granted or duly modified, such development or change of use of land may be compounded by the Authority on such terms and on payment of such fees and charges, as may be prescribed by the State Government from time to time.

1. (1) Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 31, the Authority may, by an order in writing, direct that person to remove any structure or work erected or discontinue the use of land made, unauthorisedly as aforesaid within fifteen days of the receipt of the order and thereafter, if the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order and any development unauthorisedly made again shall similarly be summarily removed or discontinued without making any order as aforesaid: Provided that standing crops shall not be summarily removed and reasonable period not exceeding six months shall be allowed to the person concerned by the Authority for the crop to be cut and gathered.
2. (2) The decision of the Authority on the question of what is development of a temporary nature shall be final.

1. (1) The Authority may, at any time before or after making an order for the removal or discontinuance of any development under section 32 or section 33 or section 35, make an order directing the sealing of such development in the prescribed manner, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such Development.
2. (2) Where any development has been sealed, the Authority or the officer authorised by it in this behalf, with prior permission of the State Government or the officer authorised by it in this behalf, may, for the purpose of removing or discontinuing such development, order the seal to be removed.
3. (3) No person shall remove such seal except by,-
   • (a) an order passed under sub-section (2); or
   • (b) an order of the Tribunal.
4. (4) Any person who contravenes the provisions of subsection (3) shall, on conviction, be punished with fine which may extend to twenty five thousand rupees.

1. (1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared-
   • (a) that any use of land should be discontinued; or
   • (b) that any conditions should be imposed on the continuance thereof; or
   • (c) that any building or works should be altered or removed, the Authority may, by notice served on the owner,-
     • (i) require the discontinuance of that use; or
     • (ii) impose such conditions as may be specified in the notice on the continuance thereof; or
     • (iii) require such steps as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
2. (2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the Tribunal.
3. (3) On receipt of an appeal under sub-section (2), the Tribunal may, after giving a reasonable opportunity of being heard to the appellant and the Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
4. (4) If any person-
   • (i) who has suffered damage in consequence of the compliance with the notice by the depreciation on any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or
   • (ii) who has carried out any works in compliance with the notice claims from the Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 30 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.

1. (1) Every person who intends to sub-divide his land or his plot or make or layout a private street on such land or plot on or after the date of the publication of the draft plan under section 23 shall submit the intended layout plan for such purpose together with such particulars and such fees, as may be determined by regulations or by Government orders, to the Authority for sanction.
2. (2) The Authority may, within the period specified in the regulations, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the Authority is of opinion that such division or laying out of street is not in any way consistent with the proposal of the plan.
3. (3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or conditions in the sanction.
4. (4) If any person does any work in contravention of sub-section (1), or in contravention of the modifications or conditions given under sub-section (2), or inspite of refusal of sanction under the said sub-section (2), the Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the manner determined by regulations remove or pull down any work or restore the land to its original condition.

Any expenses incurred by the Authority under sections 32, 33, 35, 37 and 38 shall be a sum due to the Authority under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.

Projects and Schemes

1. (1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan may make such projects and schemes for the integrated development of Kota Region or any part thereof, as may be considered necessary.
2. (2) A project or scheme may make provisions for all or any of the following matters, namely:-
   • (i) any of the matters specified in sections 21 and 22;
   • (ii) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as road, streets, open spaces, parks, gardens, recreation and playgrounds, hospitals, dispensaries, educational institutions, green belts, dairies, housing development, development of markets, shopping centres, commercial complexes, cultural centres, administrative centres, transport facilities and public purposes of all kinds;
   • (iii) acquisition, laying out or relaying out of land either vacant or already built upon, rebuilding or relocating areas which have been badly laid out or which have development or degenerated into a slum or kachhi basti, the filling up or reclamation of laying, swampy or unhealthy areas or levelling up of land;
   • (iv) acquisition and development of areas for commercial, industrial, transportation, agricultural mandies and other similar purposes;
   • (v) acquisition of land and its development for the purpose of laying out or remodelling of roads and streets pattern, layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
   • (vi) reconstruction of plots for the purpose of buildings, roads, drainage inclusive of sewerage, surface or sub-soil drainage, sewerage disposal and other similar amenities;
   • (vii) the construction, alteration and removal of buildings, bridges and other structures;
   • (viii) lighting and water supply;
   • (ix) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;
   • (x) the reservation of land in any scheme to such extent as may be provided by regulations for the purpose of providing housing accommodation to the members of Scheduled Castes, Scheduled Tribes, backward classes and weaker sections of the society;
   • (xi) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of building allowed in specified areas the purpose to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking space and loading and unloading space for any building and the sizes or locations of projections advertisement signs and hoardings;
   • (xii) the suspension, so far as may be necessary, for the proper carrying out of the schemes, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make: Provided that any suspension under this clause shall cease to operate in the event of the withdrawal of the scheme or on the coming into force of the final scheme;
   • (xiii) any other work of a nature such as would bring about environmental improvements which may be taken up by the Authority and all such other matters not inconsistent with the objects of this Act.
3. (3) The draft project or scheme shall contain the following particulars, namely:-
   • (a) the area, ownership and tenure of each original plot;
   • (b) the particulars of land allotted or reserved under clause (ii) of sub-section (2) with a general indications of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;
   • (c) the extent to which it is proposed to alter the boundaries of original plots;
   • (d) the estimate of the net cost of the scheme to be borne by the appropriate authority;
   • (e) a full description of all the details of the scheme under sub-section (2) as may be applicable;
   • (f) the laying out or relaying out of land either vacant or already built upon;
   • (g) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land; and
   • (h) any other particulars as may be determined by regulations.

1. (1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 40 in any development area.
2. (2) Not later than thirty days from the date of such declaration of intention to make such project or scheme, the Authority shall publish the declaration in the Official Gazette and in such other manner as may be determined by regulations.
3. (3) Not later than two years from the date of publication of the declaration under sub-section (2) the Authority shall prepare a project or scheme in draft form and publish it in such form and manner as may be determined by regulations together with a notice inviting objections and suggestions from any person with respect to the said draft project or scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.
4. (4) The Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (3) and shall, after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard, approve the draft project or scheme as published or make such modifications, as it may deem fit.
5. (5) Immediately after a project or scheme is approved under sub-section (4), with or without modifications, the Authority shall publish in the Official Gazette and in such other manner as may determined by regulations a final project or scheme and specify the date on which it shall come into operation.
6. (6) Notwithstanding anything contained in the foregoing sub-sections, the procedure as laid down therein shall not be required to be followed in case the project or scheme is to be carried out on any land vested in the Authority and no demolition of any building or removal of persons living thereat is involved in its execution.

1. (1) On or after the date on which a draft scheme is published under section 41, no person shall, within the area included in the project or scheme, institute or change the use of any land or building or carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Authority in accordance with the regulations made in this behalf: Provided that it shall be lawful for any person to undertake such development within the village abadi limits in accordance with the permission granted by the local panchayat so far as such permission is consistent with such draft scheme or schemes.
2. (2) The provisions of Chapter-VI shall be applicable mutatis mutandis for the project or scheme approved under sub-section (4) of section 41.

If the Authority fails to implement the project or scheme approved under sub-section (4) of section 41 within a period of five years from the date of publication thereof under sub-section (5) of section 41, it shall, on the expiration of the said period of five years, lapse.

1. (1) The Authority after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the Official Gazette, declare that the project or scheme approved under sub-section (4) of section 41 is withdrawn and upon such declaration no further proceedings shall be taken in regard to such project or scheme.
2. (2) If the Authority, after approval of any project or scheme under sub-section (4) of section 41, at any time, considers it necessary to make certain modifications therein, which in its opinion do not affect material alteration in the character of the project and scheme, may make suitable modifications.

Notwithstanding anything contained in any provision of this Act or in any plan sanctioned under it, the Authority shall be at liberty to make and carry out any project or scheme not covered by the said plan in the opinion of the Authority, it is necessary to do so or expedient in public interest, and the said plan shall be deemed to be modified to that extent.

Acquisition and Disposal of Land

The Authority may enter into an agreement with any person for the purchase, leasing or exchange by the Authority from such person of any land, which the Authority is authorised to acquire, or any interest in such land.

Where, on any representation from the Authority, it appears to the State Government that in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its powers or to carry out any of its projects or schemes or development Programmes, it is necessary that any land in any part of the Kota Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013).

Where any land is taken in possession of the State Government, it shall make that land available to the Authority for the purpose of performing its functions, discharging its duties and exercising its powers.

1. (1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and nazul land placed at the disposal of a local authority under section 102A of that Act in Kota Region, shall, immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same by way of allotment, regularisation or auction subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe: Provided that the Authority may dispose of any such land-
   • (a) without undertaking or carrying out any development thereon; or
   • (b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.
2. (2) No development of any land shall be undertaken or carried out except by or under the control and supervision of the Authority.
3. (3) If any land vested in the Authority is required at any time by the Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon or Municipal Board, Keshavraipatan for carrying out its functions or by the State Government for any other purpose, the State Government may, by notification in the Official Gazette, place such land at the disposal of the Municipal Corporation, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon, Municipal Board, Keshavraipatan or any Department of the State Government, as the case may be, on such terms and conditions as may be deemed fit.
4. (4) All lands acquired by the Authority, or by the State Government and transferred to the Authority, shall be disposed of by the Authority in the same manner as may be prescribed for land in sub-section (1).

1. (1) Any land deemed to have been placed at the disposal of the Authority under section 90-A of the Rajasthan Land Revenue Act. 1956 (Act No.15 of 1956) shall be available for allotment or regularisation by the Authority to the person or persons, as the case may be, specified in that section subject to the terms and conditions prescribed, and on payment to the Authority of the urban assessment or premium or both leviable and recoverable, under that section.
2. (2) The charges realised under sub-section (1) shall be credited to the Consolidated Fund of the State and to the fund of the Authority as may be determined by the State Government.

1. (1) Every transfer of land under section 49 or section 50 shall be either on free hold basis or on lease hold basis.
2. (2) Any land sold, allotted, regularised or otherwise transferred on lease hold basis may be converted in free hold basis subject to such terms and conditions, and on payment of such conversion charges, as may be prescribed. Explanation.- For the purposes of this section, "free hold" means tenure in perpetuity with right of inheritance and alienation.

1. (1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, if, at any time, before or after the lease deed, executed and registered, in respect of land disposed of under this Chapter either on lease hold basis or on free hold basis, the Authority has reasons to believe that allotment of land has been obtained, and lease deed has been executed, by way of misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, it shall issue in the manner hereinafter provided a notice in writing to show cause why an order of revocation of allotment and cancellation of the lease deed of the land should not be made.
2. (2) The notice shall-
   • (a) specify the grounds on which an order of revocation of allotment and cancellation of the lease deed of the land is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of or claim interest in, the land, to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than seven days from the date of issue thereof.
3. (3) If, after considering the cause, if any, shown by any person in pursuance of a notice under sub-section (1) and any evidence he may produce in support of the same and after giving him, a reasonable opportunity of being heard, the Authority is satisfied that the lease is obtained by misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, the Authority may, make an order of revocation of allotment and cancellation of the lease deed of the land and also make an order of eviction, for reasons to be recorded therein, directing that the land shall be vacated by all persons who are or may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the land.

1. (1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or license issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.
2. (2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.
3. (3) On acceptance of rights by the Authority under subsections (1) and (2), all the rights of the holder in the said land shall vest in the Authority and the Authority shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.
4. (4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Authority of the rights under sub-sections (1) and (2).

Finance, Budget and Accounts

1. (1) There shall be a fund for the Authority to be called "the Kota Region Development Fund" (hereinafter referred to as "Fund"), to which shall be credited all moneys received by the Authority, including-
   • (a) such amount of contribution to be made by the State Government yearly or in such instalments in each year as it may determine in accordance with the schemes included in the State Plan and under appropriation duly made in this behalf, which contribution shall be utilised by the Authority for the development of Kota Region;
   • (b) such other moneys as may be paid to the Authority by the State Government, Central Government or any other authority or agency by way of grants, loans, advances or otherwise;
   • (c) income derived from premium on second and subsequent sale of vacant land;
   • (d) income from levy on vacant land;
   • (e) all fees, costs and charges received by the Authority under this Act or any other law for the time being in force;
   • (f) all moneys received by the Authority from the disposal of land, building and other property, movable and immovable and other transactions, including lease money, urban assessment, development charges and other similar charges recovered from plot holders;
   • (g) all moneys borrowed by the Authority including loans to be raised from the financing institutions;
   • (h) all moneys received by the Authority by way of rents and profits or in any other manner or from any other source; and
     • (i) all donations to be received by the Authority.
2. (2) The Authority may keep in current or deposit account with any Scheduled Bank or any Co-operative or other Bank approved by the State Government in this behalf, such sum of money out of its Fund as may be determined by the Authority and any money in excess of the said sum shall be invested in such manner as may be determined by regulations.
3. (3) Such accounts shall be operated upon by the Kota Development Commissioner or by such other officer of the Authority as may be authorised by it by regulations made in this behalf.

1. (1) As a part of the Fund, the Authority shall establish in distinct Bank accounts a Loans Fund for the purpose of (a) receiving all moneys borrowed by it including all repayments of loan instalments together with payment of interest made by the borrower on loans, (b) providing all moneys to be made available by the Authority as loans or advances to local authorities and other authorities or persons, (c) repayment of loans raised by the Authority for the purposes of this Act, and (d) expenditure on projects and schemes.
2. (2) All matters connected with the Loans Fund shall be governed by the regulations made in this behalf.

1. (1) The Authority shall make provisions for a reserve fund and may provide for other specially denominated funds, as it deems fit.
2. (2) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit thereof, and the application of money comprised therein, shall be determined by the Authority.

All property, funds and other assets vesting in the Authority shall be held and applied by it for the purposes and subject to the provisions of this Act.

The Authority may, with the previous approval of the State Government, borrow any money for carrying out the purpose of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time money is borrowed.

The Authority shall be competent to give grants, advances or loans to, or to share expenses with, any local authority or other authority in Kota Region, or any Government Department or any person, for any of the purposes of section 16 and notwithstanding anything contained in any law for the time being in force, it shall be lawful for such local authority, other authority, Government Department or any person to accept such grants, advances or loans or share in the expenses, subject to such terms and conditions as the Authority may, from time to time, in consultation with such local authority, other authority, Government Department or any person, as the case may be, specify.

The State Government may guarantee repayment of the principal of, and interest on, any loan raised or given by the Authority or transferred to it, for the purposes of this Act, subject to such conditions as the State Government may think fit to impose.

1. (1) The Authority shall keep accounts in such form and in such manner, as it may, by regulations made in this behalf, determine.
2. (2) The Accounts of the Authority shall be subject to audit by the Examiner, Local Fund Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. XXVIII of 1954).
3. (3) The Authority shall pay from the Fund such charges for the audit, as may be prescribed.

1. (1) The Director, Finance of the Authority shall prepare, every year, in such form and at such time as may be determined by regulations, an annual budget estimate in respect of the financial year next ensuing, showing the estimated receipts and disbursements of the Authority to the Kota Development Commissioner who shall after making such modifications as he deems fit, submit it to the Authority for approval.
2. (2) The Kota Development Commissioner shall forward to the State Government copies of the budget approved by the Authority.

The Authority shall prepare after the end of each year (ending on the 31st day of March), a report of its activities during the previous year and submit it to the State Government before the 30th day of September. The State Government shall cause to be laid on the table of the House of the State Legislature such annual report including the statement of accounts.

Powers to Levy Certain Charges

The Authority shall levy at such rate and from such date as the State Government may direct by notification in the Official Gazette, and in such manner as may be prescribed by the State Government in this behalf, the following charges, namely:-

1. (a) a premium on second or subsequent sale of vacant land in Kota Region;
2. (b) an annual levy on vacant land in Kota Region; and
3. (c) conversion charges for conversion of the use of land from residential purpose to commercial or any other purpose. Explanation.- The expression "vacant land" used in this Chapter shall mean all land allotted or sold by the State Government, the Authority, or any local authority on lease hold basis or land owned or held otherwise and on which no building has been constructed or if any building has been constructed, the covered area is less than 1/5th of the total area of the land.

1. (1) The Authority shall recover the urban assessment or ground rent from the plot holders on the land or plot sold on lease hold basis by the State Government or the Authority or any local authority at such rates, and in such manner as may be prescribed.
2. (2) The urban assessment or ground rent recovered under sub-section (1) shall be deposited in the Fund of the Authority.

When any licence is granted by the Authority under this Act or when any permission is given by it for any of the purposes of this Act, the Authority may charge a fee for such licence or permission as may be determined by regulations.

Prosecutions, Suits and Powers of Police

Whoever-

1. (i) obstructs the entry of any person empowered under section 83 to enter into or upon any land or building in any part of the Kota Region for the purposes mentioned in that section; or
2. (ii) molests such persons as aforesaid after such entry; or
3. (iii) resists, obstructs or molests any member or employee of the Authority or any employee of the Government in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, the Authority or the Government or such member, or employee of the Authority or any employee of the Government; or
4. (iv) obstructs or molests any person with whom the Authority or the Government or an officer of the Government has entered into a contract or obstructs or molests a servant of the Authority, who may be lawfully engaged in doing anything, in connection with the discharge of the duties or performances of the functions of the Authority or of the Government or of an officer appointed by it under this Act, shall be punishable with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to six months or with both.

If any person without lawful authority-

1. (a) removes any fence, or any timber used for propping or supporting any building, wall or other things, or extinguishes any light set up at any place where the surface of street or other ground has been opened or broken up by the Authority for the purpose of carrying out any work authorised under this Act; or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of any work authorised under this Act; or
3. (c) infringes any order given or removes any bar, chain or post fixed by the Authority for the purpose of closing any street to traffic, during the course of execution of any work under this Act, he shall be punishable with fine which may extend to one thousand rupees.

Whoever-

1. (a) wilfully or without any reasonable excuse disobeys any requisition or other lawful order or direction issued under or in pursuance of any of the provisions of this Act; or
2. (b) being required under any of the provisions of this Act to make any return or to furnish any information, makes a false return or furnishes false information, shall be punishable with fine which may extend to three thousand rupees or with imprisonment for a term which may extend to three months or with both.

1. (1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two years and with fine which may extend to twenty thousand rupees: Provided that the court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.
2. (2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.
3. (3) The Authority or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment.
4. (4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land or space as aforesaid shall be punished on conviction with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.
5. (5) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.
6. (6) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.
7. (7) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and if the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Authority may order it to be sold or otherwise disposed of.
8. (8) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall,-
   • (a) where no order of confiscation is ultimately passed by the Authority; or
   • (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
9. (9) Where any property is seized or attached under subsection (5), the Authority may order confiscation of such property.
10. (10) No order for confiscation of a property shall be made under sub-section (9), unless the owner of such property or the person from whom it is seized or attached is given-
    • (a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
    • (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
    • (c) a reasonable opportunity of being heard in the matter.
11. (11) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
12. (12) Whenever any property is seized or attached pending confiscation under this section, the Authority or the Tribunal constituted under section 80 of this Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
13. (13) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
14. (14) Whoever, being an employee of the Authority, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Authority.
15. (15) No investigation of an offence under this section shall be made by an officer not below the rank of a Deputy Superintendent of Police.

Whoever contravenes any of the provisions of this Act or of any rule or regulations made or does anything against any plan, project or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-

1. (a) for the first offence, with fine which may extend to one thousand rupees; and
2. (b) for a second or any subsequent offence with fine which shall not be less than two hundred fifty rupees and not more than five thousand rupees.

1. (1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance or, is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-
   • (a) "company" means a body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm.

No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the Authority or by a person expressly authorised in this behalf by the Authority: Provided that any person, whose right to enjoyment of his own property is adversely affected by any unauthorised development as indicated in sub-section (1) of section 31, may also file a complaint in the like manner against such person or persons who may have undertaken the said unauthorised development: Provided further that the Authority shall also be given due notice of such proceedings and if the Authority removes the cause for action within a reasonable period, the proceedings in the Court shall abate, without prejudice to any other action or proceedings that the Authority has initiated or may initiate thereafter.

All fines realised in connection with prosecution under this Act shall be paid to the Authority.

The Authority may,-

1. (a) institute, defend or withdraw from any legal proceeding;
2. (b) compound any offence against this Act; and
3. (c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:

Immunity to Authority No suit, prosecution or other legal proceeding shall be maintainable against the Authority or any person acting under the direction of the Authority or the Chairman, member or any officer or servant of the Authority, Executive Committee, other committees, any Functional Board or any body thereof in respect of anything lawfully and in good faith and with due care and attention done under this Act.

1. (1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Executive Committee, any Functional Board, Tribunal, any committee or any body thereof, in respect of any act done or purporting to have been done in pursuance of this Act or any order, rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been left at the office or place of abode of the persons to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been left or delivered.
2. (2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of one year from the date on which the cause of action arises.
3. (3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit.

A copy of any receipt, application, plan, notice, order, entry in a register of other document in the possession of the Authority shall, if duly certified by the legal keeper thereof, or the Kota Development Commissioner or any person authorised by him in this behalf, be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matter.

No member or officer or servant of the Authority shall in any legal proceeding to which the Authority is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matter and transaction recorded therein unless by order of the court made for special cause.

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).