Chapter XII Supplemental Provisions

Every Trustee and every officer and servant of the Trust shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 93A. Liability of Trustees and officers and servants of the Trust. - Every Trustee, officer or servant of the Trust shall be liable for the mis-application of any money or other property owned by or vested in or placed at the disposal of the Trust to which he has been a party of for any loss or waste of such money or property which has been caused or facilitated by his misconduct. The chairman, secretary or other officer or person to whom executive powers are conferred by or under this Act shall be liable for such loss, waste or misapplication, if it is a direct consequence of his neglect or has been caused or facilitated by his misconduct.

The Trust shall be liable to pay such contributions for the leave allowance and pension of every Government servant employed as an officer or servant of the Trust as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf.

Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the Trust or some person authorised by the Trust by general or special order in this behalf. 95A. Cognizance of offences. - No court other than that of a Magistrate of the first class shall try any offence against this Act..

1. (1) The Trust may-
   • (a) institute, defend or withdraw from any legal proceeding;
   • (b) compound any offence against this Act;
   • (c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise; and
   • (d) obtain such legal advice as may from time to time be considered necessary or expedient, for any of the purposes under this Act or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Trust or any officer or servant of the Trust.
2. (2) The Trust may delegate to any of its committees the power conferred on it under sub-section (1) to be exercised by such committees subject to such conditions and restrictions as may be prescribed.

No suit, prosecution or other legal proceeding shall be maintainable against the Trust, or any Trustee, or any officer or servant of the Trust, or any person acting under the direction of he Trust or the Chairman, or any officer or servant of the Trust 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 Trust or any Trustee, or any person associated with the Trust under section 19 or any member of a Committee appointed under section 20 or any officer or servant of the Trust, or any person acting under the direction of the Trust or of the Chairman or of any officer or servant of the Trust in respect of an act purporting to be done under this Act, until the expiration of two months next after notice in writing has been in the case of a Trust, left at' its office and, in any other case, delivered to or left at the office or place, of the abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.
2. (2) If the Trust or other person referred to in sub-section (1) shall, before the action is commenced have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender.
3. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or of a declaration of title thereon, be commenced otherwise than within six months next after the accrual of the cause of action therefor.
4. (4) Nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice of the postponement of the commencement of the suit or proceeding.

A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of the Trust shall, if duly certified by the legal keeper thereof or, the secretary of the Trust or any person authorised by the Trust in this behalf be received as prama 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 trustee or officer or servant of the Trust shall in any legal proceeding to which the Trust is not a party be required to produce any register or document the contents of which can be proved under the proceedings section by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for special cause.

1. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-
   • (a) the existence of any vacancy in, or any defect in the constitution of, the Trust or any committee; or
   • (b) any person having ceased to be a trustee; or
   • (c) any trustee, or any person associated with the Trust under section 19 or any other member of a committee appointed under this Act having voted or taken part in any proceeding in contravention of section 23; or
   • (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
   • (e) any omission, defect or irregularly not affecting the merits of the case.
2. (2) Every meeting of the Trust shall be taken to have been duly convened to be free from all defect, and irregularity.

1. (1) The Chairman or any other person who may be authorised in that behalf by the State Government may, with or without assistants or workman, enter into or upon any land in order-
   • (a) to make any inspection, survey, measurement, valuation or inquiry,
   • (b) to take levels,
   • (c) to dig or bore into the sub-soil,
   • (d) to set out boundaries and intended lines of work,
   • (e) to mark such levels, boundaries and lines by marks and cutting trenches, or
   • (f) to do any other thing, whenever it is necessary to do so far any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme which the Trust intends to frame thereunder; Provided as follows-
   • (a) except when it is otherwise specially provided by rule, no such entry shall be made between sunset and sunrise;
   • (b) except when it is otherwise specially provided by rule, no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry;
   • (c) 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 the some part, of the premises where their privacy need not be disturbed;
   • (d) 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) Whenever the Chairman enters into or upon any land in pursuance of sub-section (1) he shall at time of such entry pay or tender payment for all necessary damages to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Trust whose decision shall be final.
3. (3) 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.

If any case not otherwise expressly provided for in this Act, the Trust may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested under this Act in the Trust or the Chairman or any officer or servant of the Trust.

1. (1) If, on account of any act or omission, any person has been convicted of an offence under this Act, and by reason of such act or omission, damage has occurred to any property of the Trust., compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
2. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence.
3. (3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.

1. (1) When all schemes sanctioned under this Act have been executed or have been so far executed as to render the continued existence of the Trust, in the opinion of the State Government, unnecessary, the State Government may by notification declare that the Trust shall be dissolved from such date as may be specified in this behalf in such notification, and the Trust shall be deemed to be dissolved accordingly.
2. (2) From the said date-
   • (a) all properties, funds and dues which are vested in or realisable by the Trust shall vest in and be realisable by the Municipal Board;
   • (b) all liabilities which are enforceable against the Trust shall be enforceable against the Municipal Board;
   • (c) for the purpose of completing the execution of any scheme sanctioned under this Act, which has not been fully executed by the Trust, and of realising properties, funds and dues referred to in clause (a) the functions of the Trust under this Act shall be discharged by the Municipal Board as if it were the Trust under this Act; and
   • (d) the Municipal Board shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised hereunder have been repaid and until all other liabilities referred to in clause (b) have been duly met.

1. (1) The Alwar State Town and Village Improvement Act, 1947, the City of Kota Improvement Act, 1946 and all other corresponding laws or rules, in force in any part of the State shall stand repealed in any area for which a Trust is constituted under this Act or for which a master plan is ordered to be prepared thereunder on and from the date on which such Trust is constituted or such order is made: Provided that such repeal shall not in anyway affect anything done or action taken under the Act, law or rule so repealed, previously to such coming into force.
2. (2) As from the date of the establishment of an Improvement Trust under this Act for any area within the State, hereinafter referred to as such establishment-
   • (a) the former Trust, if any, functioning in that area shall stand dissolved;
   • (b) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in such area and vested or vesting in such former Trust immediately before such establishment shall pass on to and vest in the Trust so established;
   • (c) all stores, articles and other movable properties belonging to such former Trust immediately before such establishment and utilised for or in connection with such area shall pass on to and vest in the Trust so established;
   • (d) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by such former Trust immediately before such establishment in or in connection with such area shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;
   • (e) notwithstanding anything contained in this Act, the validity of any declaration, application, publication, notification, appointment, order, proposal, award, proceeding, consultation, inquiry, certification, sanction, agreement, notice, approval, decision, dispute, draft or final scheme or act made, held, issued, entered into, given, taken, decided, drawn up or done, or purporting to have been made, held, issued, entered into, given, taken, decided, drawn up or done, as the case may be, before such establishment in connection with such schemes shall not be liable to be called in question in any court or before any tribunal or authority;
   • (f) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the former Trust immediately before such establishment for or in connection with such area shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Trust so established;
   • (g) all assessments, valuations, measurements or divisions made by the former Trust immediately before such establishment in or in connection with such area shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any assessment, valuation, measurement or division made by the Trust so established under the said provisions;
   • (h) all rates, taxes, fees, rents and other sums of money due to the former Trust in, or in relation to, such area immediately before such establishment shall be deemed to be due to the Trust so established;
     • (i) all rates, fees, rents and other charges leviable in, or in relation to, such area, shall unless and until they are varied by the Trust so established, continue to be levied at the same rate at which they were being levied by the former Trust immediately before such establishment;
   • (j) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against such former Trust immediately before such establishment for any matter in relation to such area may be continued or instituted by or against the Trust so established; and
   • (k) every officer or other employee serving under such former Trust immediately before such establishment in connection with such area shall be required to give an option to become an officer or employee of the Trust so established, with such designation as the Chairman may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Trust had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Trust so established: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage.