Chapter V Framing of Schemes

1. (1) The Trust shall, on the orders of the State Government or on its own initiative or on a representation made by the Municipal Board and subject to availability of Financial resources, frame schemes for the improvement of the urban area for which the Trust is constituted.
2. (2) Such schemes may provide for all or any of the following matters, namely:-
   • (a) the acquisition of any land or other property necessary for, or effected by, the execution of the scheme:
   • (b) the re-laying out of any land comprised in the scheme;
   • (c) the construction and re-construction of buildings:
   • (d) the formation, construction and alteration of streets;
   • (e) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
   • (f) the demolition of obstructive buildings or portions of buildings:
   • (g) the draining, water supply and lighting of streets:
   • (h) the raising or levelling of any land which the Trust may deem expedient to raise or level;
     • (i) the forming of open spaces for the benefit of the area comprised in the scheme or any adjoining area:
   • (j) all or any of the sanitary arrangements required for the area comprised in the scheme;
   • (k) the establishment and construction of markets and other places of public requirement or convenience;
   • (l) the limitation of areas within which special trades or industries may or may not be carried on or which are reserved exclusively for residential or other purposes;
   • (m) the division of any land into plots for the erection of buildings for residential purposes;
   • (n) the erection of buildings on any site, the restrictions and conditions in regard to the open spaces to be maintained in or around such buildings, the height and character of such buildings and the architectural features of the elevation or frontage thereof;
   • (o) the amenities to be provided in relation to any site or building or buildings on such site whether before or after the erection of such buildings and the person or authority by whom or at whose expense such amenities are to be provided;
   • (p) the construction of buildings for the accommodation (including shops) of the poor and the working classes or of any other class of the inhabitant of the area comprised in the scheme including such classes as are likely to be displaced by the execution of the scheme;
   • (q) the provision of facilities for communications;
   • (r) the reclamation or reservation of land for gardens, afforestation and the provision of fuel and grass supply and other needs of the population;
   • (s) the planting and preservation of trees and plantations;
   • (t) the sale, letting or exchange of any property or land comprised in the scheme; and
   • (u) any other matter for which in the opinion of the State Government it is expedient to make provision with a view to the improvement of the area comprised in the scheme or the general efficiency thereof.

When framing scheme in respect of any area, regard shall be had to-

1. (a) the nature and the conditions of such area and of neighbouring areas as a whole;
2. (b) the several directions in which its expansion appears likely to take place;
3. (c) the likelihood of schemes being framed for other parts of the area; and
4. (d) such other matters as may be prescribed.

1. (1) If for and in respect of the urban area for which the Trust is constituted a master plan has been prepared and approved and is in operation, every scheme framed by the Trust in accordance with the provisions of this Chapter shall conform to such master plan and shall not be framed so as to affect on alteration in the different zones defined by the master plan.

1. (1) Whenever the Trust decides to frame a scheme for any urban area, the State Government may, at the request of the Trust, issue a notification specifying such area and declaring that the Trust has decided to frame a scheme for such area.
2. (2) A notification under sub-section (1) shall remain in force for six months from the publication thereof: Provided that the State Government may. for sufficient reasons, extend the said period by a further period not exceeding six months. (2A) Where in the opinion of the State Government, it is necessary so to do in public interest, it may, by order published in the Official Gazette, extend the period of the notification issued under sub-section (1) for such further period as it thinks fit, notwithstanding that the period of the notification or the extended period thereof under the provisions of sub-section
3. (2) has expired. An order under this section may be made so as to be retrospective with effect on and from a date next following the expiration of the period of the notification or the extended period thereof under sub-section (2).
4. (3) If the sanction of a scheme is notified in accordance with section 38 in respect of such area before the expiry of the notification under this section, such notification shall continue in force until the scheme is carried out. '
5. (4) During the period that a notification under this section remains in force in respect of any urban area, no building shall be erected, re-erected, altered or added within that area without the written sanction of the Trust.

1. (1) When any scheme has been framed, the Trust shall prepare a notice stating-
   • (a) the fact that the scheme has been framed,
   • (b) the boundaries of the area comprised in the scheme, and
   • (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen at reasonable hours.
2. (2) The Trust shall-
   • (a) publish the said notice in such manner as may be prescribed, inviting objections and suggestions from all persons with respect to the draft scheme before such date as may be specified in the notice, and
   • (b) send a copy of the said notice to the Chairman of the Municipal Board.
3. (3) The Chairman shall also cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed by regulations.

The Chairman of any Municipal Board to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 33 shall within a period of sixty days from the receipt of the said copy, forward to the Trust any representation which the Municipal Board may think fit to make with regard to the scheme.

The Chairman of the Municipal Board shall furnish the Chairman of the Trust, at his request, with a copy of. or extracts from, the assessment list on payment of such fees as may be prescribed.

1. (1) Alter the expiry of the date referred to in clause (a) of sub-section (2) of section 33 and of the period prescribed by section 34 in respect of any scheme the Trust shall consider any objections, suggestions and representations received thereunder and after affording to all persons making such objections, suggestions or representations a reasonable opportunity of being heard, the Trust may either abandon the scheme or apply to State Government for sanction of the scheme with such modifications, if any, as the Trust may consider necessary.
2. (2) Every application submitted under sub-section (1) shall be accompanied by-
   • (a) a description of, and full particulars relating to the scheme, and complete plans and estimates of the cost of executing the scheme:
   • (b) a statement of the reasons for any modification made in the scheme as originally framed;
   • (c) a statement of objections, if any, received under section 33;
   • (d) any representation received under section 34; and
   • (e) a statement of the arrangements made or proposed by the Trust for the re-housing of persons likely to be displaced by the execution of the scheme, for whose re-housing provision is required.
3. (3) When any application has been submitted to the State Government under sub-section (1) the Trust shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in a local newspaper.

1. (1) The State Government may sanction, or may refuse to sanction or may return for reconsideration any scheme submitted to it under section 36.
2. (2) If a scheme returned for reconsideration under sub-section (1) modified by the Trust it shall be re-published in accordance with section 33-
   • (a) in every case in which the modification affects the boundaries of the area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired, and
   • (b) in every other case, unless the modification is, in the opinion of the State Government, not of sufficient importance to require re-publication.
3. (3) Notwithstanding anything in section 29 or in any other provision of this Chapter,-
   • (a) it shall be lawful for the State Government to sanction any scheme framed by any Trust before the commencement of the Rajasthan Urban Improvement (Amendment) Act, 1963 comprising in part, any area lying beyond the area for which such Trust was established;
   • (b) upon such sanction being given, all previous notification issued, notices as to scheme prepared, published and transmitted, objections, suggestions or representations, if any, considered, applications for sanction submitted and the notices regarding such submission published in respect of such scheme shall be deemed to have been duly issued, prepared, published and transmitted, considered and submitted and such area shall, notwithstanding anything in section 8, be deemed to have been included in the area for which such Trust was established.

1. (1) Whenever the State Government sanctions a scheme it shall announce the fact by notification, and the Trust shall forthwith proceed to execute the same.
2. (2) The publication of a notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.

1. (1) While notifying the sanction of a scheme under section 38, the State Government shall also specify in such notification the period within which the scheme so sanctioned is required to be executed by the Trust.
2. (2) If the Trust fails to complete the execution of the scheme within the period specified under sub-section (1), it shall make an application to the State Government setting forth the reasons for which the scheme could not be executed within the specified period and praying for its extension.
3. (3) The State Government may, in consultation with the Municipal Board concerned, either refuse to extend or may extend the period and the fact of such refusal or extension shall be notified in the official Gazette.

At any time after a scheme has been sanctioned by the State Government and before it has been carried into execution, the Trust may alter it: Provided that if any alteration is estimated to increase the estimated net cost of executing a scheme by more than Rs. 50,000/- or 5 per cent of such cost, whichever is less, the alteration shall not be made without the previous sanction of the State Government.

Any number of areas in respect of which schemes have been or are proposed to be framed may, at any time, be included in one combined scheme. 41A. Provision for previously sanctioned scheme. - Notwithstanding anything contained in this Chapter, all improvement and development schemes falling within the purview of this Act, framed by a former Trust or otherwise and sanctioned by the State Government in relation to any area within the State prior to the establishment of an Improvement Trust under this Act for that area, shall be deemed to be the schemes duly sanctioned and notified under and in accordance with the provisions of this Chapter.