Chapter XI Procedure and Penalties

Every notice or bill which is required under this Act to bear the signature of the Chairman or of any other Trustee or of any officer or servant of the Trust shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman or of such other Trustee or of such officer or servant, as the case may be stamped thereupon.

Every public notice given under this act shall be in writing over the signature of any officer of the Trust authorised in this behalf and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two more of these means, and by any other means that the Trust may think fit.

1. (1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, have as otherwise provided in this Act or such rule or regulation, be deemed to be duly served-
   • (a) where the person to be served is a company, if the document, is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either-
     • (i) sent by registered post, or
     • (ii) delivered at the registered office or at the principal office or place of business of the company;
   • (b) where the person to be served is a partnership, if the document is addressed to the partnership 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;
   • (c) where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either-
     • (i) sent by registered post, or
     • (ii) delivered at that office;
   • (d) in any other case, if the 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, if within the State 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 that 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 to "the owner" or "the occupier", as the case may be, of that land or building naming 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 (d) of sub-section (1); or
   • (b) if the document so addressed ora copy thereof so addressed, is delivered to some person on the land or building or where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.
3. (3) Where a document is served on a partnership 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 Trust 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 the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
6. (6) A servant is not a member of the family within the meaning of this section.

Where, under this Act or a notice given thereunder, the public or any person is required to do or to refrain from doing anything, a person who fails to comply with such requisition, shall, if such failure is not an offence punishable under any other section, be liable, on conviction by a Magistrate to a fine not exceeding live hundred rupees for every such failure and, in the case of a continuing breach to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the breach.

If a notice has been given under this Act to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to private or do or refrain from doing anything within a time specified in the notice, and in such person fails to comply with such notice, then the Trust may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided in the Municipal law for the time being in force for the recovery of municipal claims.

1. (1) If the person to whom the notice mentioned in section 82 has been given is the owner of the property in respect of which it is given, the Trust may, whether any action or other proceeding has been brought or taken against such owner or not require the person, if any, who occupies such property or a part thereof under such owner, to pay to the Trust instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 82; and any such payment made by the occupier to the Trust shall be deemed to have been made to the owner of the property.
2. (2) For the purpose of deciding whether action should be taken under sub-section (1) the Trust may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.
3. (3) All moneys recoverable by the Trust under this section shall be recoverable in the manner provided in the Municipal law for the time being in force for the recovery of municipal claims.

Whenever default is made by the owner of a building or land in the execution of a work required under this Act to be executed by him, the occupier of such building or land may, with the approval of the Trust, cause such work to be executed, and the expense thereof shall, in the absence of any contract to the contrary, be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner.

1. (1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to a Magistrate of the first class.
2. (2) The Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.
3. (3) If, after the expiration of eight days from the date of the Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction, to a fine which may extend to twenty-five rupees for every day during which he has so continued to refuse.
4. (4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such work.

When the occupier of a building or land has, in compliance with a notice given under this Act, executed a work for which the owner of such building or land is responsible either in pursuance of the contract or tenancy or by law, he shall be entitled to recover from the owner, by deduction from the rent payable by him or otherwise, the reasonable cost of such work.

1. (1) When a person, by reason of his receiving or being entitled to receive, the rent of immovable property, as trustee or agent of a person or society would, under this Act, be bound to discharge an obligation imposed by this Act on the owner of the property and for the discharge of which money is required, he shall not be bound, to discharge the obligation unless he has, or but for his own improper act or default, might have had, in his hands, funds belonging to the owner sufficient for the purpose.
2. (2) When an agent or trustee has claimed and established his right to relief under this section, the trust may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use, of the owner, and, should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

Whenever in this Act or in any municipal law for the time being in force made applicable by section 47 of this Act, it is provided that any sum shall be recoverable in the manner provided for the recovery of municipal claims, then, in applying those provisions, all references to the Municipal Board shall be construed as referring to the trust and all references to the Municipal office, a Municipal officer or the Municipal Fund shall be construed as referring to the office of the trust, to an officer of the trust and the funds of the trust respectively.

If any person without lawful authority,-

1. (a) removes any fence, or any timber used for propping or supporting any building, wall or other thing, 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 Trust for the purpose of carrying out any work, or
2. (b) infringes any order given or removes any bar, chain or post fixed by the trust for the purpose of closing any street to traffic, he shall be punishable with fine which may extend to fifty rupees. 89A. Penalty for improvements in contravention of the Act. - (1) Any person who whether at his own instance or at the instance of any other person, or any department of Government, undertakes or carries out any improvement of any land in any urban area, in contravention of the provisions of sub-section (1) of section 72 or in contravention of any condition subject to which permission for undertaking or carrying on any improvement has been granted under section 73, shall be, punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (2) Any person who uses any land or building in contravention of sub-section (2) of section 72, or in contravention of the terms and conditions prescribed by regulations under the proviso to that subsection, shall be punishable with fine which may extend to two thousand rupees.

If any person without the permission of the Trust erects, adds to or alters any building or wall so as to make the same project beyond the street alignment or building line shown in any plan finally adopted by the Trust, x x x the Trust may, by a written notice-

1. (a) direct that the erection, alteration or addition be stopped, and
2. (b) require such building or wall to be altered or demolished, as it may deem necessary.

If any person after due notice given under section 90 does not stop erection, alteration or addition, or does not demolish or alter any building or wall he shall be punishable with fine which may extend to five hundred rupees, or with simple imprisonment, for a period of six months or with both and the said unauthorised construction shall be demolished or altered by the order of the Magistrate dealing with the case if so requested by the Trust. 91A. Order of demolition of buildings etc. - (1) Where the erection of any building in any urban area has been commenced or is being carried on. or has been completed in contravention of the master plan or of any scheme sanctioned and notified by the State Government or of the sanction of the Trust under sub- section (1) of section 72 or without the permission obtained under section 73, or in contravention of any rules or conditions subject to which such permission has been granted, the Trust may, in addition to any prosecution that may be instituted under this Act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding one month as may be specified in the order and on the failure of the owner to comply with the order, the Trust may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made.

1. (2) Any person aggrieved by an order under sub-section (1) may appeal to the Divisional Commissioner against the order within 30 days from the date of the order of the Trust and the Divisional Commissioner may after hearing the parties to the appeal either dismiss the appeal or may reverse or vary the whole or any part of the order.
2. (3) The decision of the Divisional Commissioner in the appeal shall be final and shall not be questioned in any court: Provided that where any officer of the Trust threatens to remove or demolish, or otherwise cause any injury to, an erection, the person aggrieved may file an application for the adjudication of the dispute to the Divisional Commissioner within thirty days of the communication or knowledge of such threat. The decision of the Divisional Commissioner shall be final. 91B. Power to stop improper use of land or buildings in urban areas. - (1) Whoever uses any land or building in any urban area in contravention of the provisions of sub-section (2) of section 72, any officer of the Trust empowered in this behalf may, in addition to any prosecution that may be instituted under the Act for such improper use, make an order requiring such person to stop such improper use immediately.
3. (2) Where such improper use is not discontinued in pursuance of the requisition under sub-section (1), the Trust or the officer empowered in this behalf may require any police officer to stop such improper use as may be specified in the requisition to the police and to remove from such land or building, any person, other than the owner, making the improper use, and such police officer shall comply with the requisition. 91C. Power to stop building operations. - (1) Where the erection of any building in an urban area has been commenced in contravention of the master plan or any scheme sanctioned and notified by the State Government or of the general approval of the Trust under sub-section (1) of section 72 obtained under section 73, or without the permission or in contravention of any condition subject to which such permission, approval or sanction has been granted but such erection has not been completed, any officer of the Trust empowered in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of service of the order.
4. (2) Where such building operations are not discontinued in pursuance of the requisition under sub-section (1), the Trust or the Officer empowered in this behalf may required by Police Officer to remove the person by whom the erection of the building has been commenced and all his assistants and workmen from the place of the building within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly.
5. (3) After a requisition under sub-section (2) has been complied with, the officer empowered in this behalf, may depute by a written order a Police Officer or an Officer or employee of the Trust to watch the place in order to ensure that the erection of the building referred to in sub-section (1) is not continued.
6. (4) Any person failing to comply with an order under sub-section (1) shall be punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.
7. (5) No compensation shall be claimed by any person for any damage which he may sustain in consequences of the discontinuation of the erection of any building. 91D. Offences by Companies. - (1) If the person committing an offence under this Act, is a company, every person, who was responsible to 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 deligence in preventing the commission of such offence.
8. (2) Notwithstanding anything contained in sub-section (1) when 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 of 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 also be deemed to be guilty of that offence and 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 film. 91E. Fines payable to the Trust. - All fines realised in connection with prosecution under this Act shall be paid to the Trust concerned. 91F. Defaults in providing amenities. - (1) If the Trust after holding a local enquiry or upon report from any of its officers or other information in its possession is satisfied that the owner of any land in the urban area under its control has failed to provide any amenity in relation to the land, which in the opinion of the Trust ought to be provided, or to carry out any improvement of the land for which permission has been obtained under this Act, it may serve upon the owner a notice requiring him to provide the amenity or carry out the improvement within such time as may be specified in the notice.
9. (2) If any such amenity is not provided or any such improvement is not carried out within the time specified in the notice, then the Trust may itself provide the amenity or carry out the improvement or have it provided or carried out through such agency as it deems fit: Provided that before taking any action under this sub-section the Trust shall afford reasonable opportunity to the owner of the land to show cause as to why such action should not be taken.
10. (3) All expenses incurred by the Trust or the agency employed by it in providing the amenity or carrying out the improvement together with interest at such rate as State Government may by order fix, from the date on which a demand for the expenses is made till their payment may be recovered by the Trust from the owner as arrears of land revenue. 91G. Power to require local authority to assume responsibility in certain cases. - Where any urban area has been improved by the Trust, the Trust may require the municipality in whose local limits the area so improved is situated to assume responsibility for the maintenance of the amenities which have been provided by the Trust or the amenities which have not been provided by the Trust but which in its opinion should be provided in the area on terms and conditions agreed upon between the Trust and such municipality, and where such terms and conditions cannot be so agreed upon, on terms and conditions settled by the State Government in consultation with the municipality on a reference of the matter to the State Government by the Trust.

If any person-

1. (a) obstructs or molests any person with whom the Trust has entered into of contract in the performance or execution by such person of his duty or anything which he is empowered or required to do 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 works authorised under this Act, he shall be punishable with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to two months. 92A. Encroachment or obstruction upon public land. - (1) Whoever-
3. (a) makes or continues to make any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Trust or not, except steps over drain in any public street, or
4. (b) having made such encroachment before coming into force of the Rajasthan Urban Improvement (Second Amendment) Act, 1991, fails to remove such encroachment within fifteen days from the date of service of a notice in writing calling upon him to do so by the Trust, shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to three 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 judgement impose a sentence of imprisonment for a term of less than one month.

1. (2) Whoever-
   • (a) makes or continues to make any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Trust or not, except steps over drain in any public street; or
   • (b) having made such obstruction before coming into force of the Rajasthan Urban Improvement (Second Amendment) Act, 1991, fails to remove such obstruction within fifteen days from the date of service of a notice in writing calling upon him to do so by the Trust, 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.
2. (3) The Trust 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 has caused the said obstruction or encroachment.
3. (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.
4. (5) Notwithstanding anything contained in the foregoing provisions, the Trust 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.
5. (6) Where any property is seized or attached by an officer authorised by the Trust, he shall immediately make a report of such seizure or attachment to the Trust.
6. (7) The Trust 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 Trust may order it to be sold or otherwise disposed of.
7. (8) Where any property is sold, as aforesaid, the sale proceed thereof after deduction of the expenses of any sale or other incidental expenses relating thereto, shall-
   • (a) Where no order of Confiscation is ultimately passed by the Trust; or
   • (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
8. (9) Where any property is seized or attached under sub-section (5), the Trust may order confiscation of such property.
9. (10) No order for confiscating 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.
10. (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 the Act.
11. (12) Any person aggrieved by an order made under sub-section (7) or sub-section (9) may, within one month from the date of the communication to him of such order, appeal against it to the District Judge of the District in which such property is seized or attached.
12. (13) On such appeal the District Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
13. (14) Whenever any property is seized or attached pending confiscation under this section the Trust or the District Judge shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, disposal, release or distribution of such property.
14. (15) Where any person is prosecuted of an offence under subsection (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
15. (16) Whoever, being an employee of the Trust, specifically entrusted by an order of the Trust in writing 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 Trust.
16. (17) No investigation of an offence under this section shall be made by an officer below the rank of a Deputy Superintendent of Police.