Dissolution of the Urban Improvement Trust entire area of which has been declared to be a Special Investment Region and savings

§83

Summary

(1) Where entire area of an Urban Improvement Trust has been declared to be a Special Investment Region under Section 3, notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this section referred to as the 'said Act', and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Regional Development Authority for such Special Investment Region under this Act, hereinafter referred to as 'such constitution', - (a) such Urban Improvement Trust (hereinafter in this section referred to as 'the Trust') functioning in the area covered by the area of such Special Investment Region immediately before such constitution, shall stand dissolved; (b) all land, buildings and other immovable properties (together with all interests of whatever nature and kind therein) situated in the area of such Special Investment Region and vested in the Trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted; (c) all stores, articles or other movable properties belonging to the Trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted; (d) all assessments, valuations,, measurements or divisions made by the Trust immediately before such constitution in or in connection with such area, shall, in so far as they are not inconsistent with the provisions of this Act, continue and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any assessment, valuation, measurement or division made by the Regional Development Authority so constituted; (e) all plans, schemes for the development or improvement of any area declared as the area of such Special Investment Region and prepared under the said Act, shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been prepared under this Act and any such plan or scheme which was in force immediately before the commencement of this Act, shall continue to be in force so long it is not otherwise dealt with under this Act; (f) all records and papers belonging to the Trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (e) shall vest in and stand transferred to the Regional Development Authority so constituted; (g) every officer or servant serving under the Trust immediately before such constitution, shall, on or from such constitution, be deemed to have been transferred temporarily for a period of one year to the Regional Development Authority so constituted, within which period until otherwise extended by it, such Regional Development Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of such Regional Development Authority on such posts and with such designations, as the Regional Development Authority may determine. The officers and servants so absorbed in the service of the Regional Development Authority shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held if the Regional Development Authority had not been constituted, and shall continue to so hold unless and until such tenure, remuneration and terms and conditions are duly altered by such Regional Development Authority: Provided that any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Regional Development Authority; (h) anything done or any action taken including any appointment, delegation, order, scheme, rule, bye-laws, regulation or form made or notification issued or permission granted under the said Act so far as it is not inconsistent with the provisions of this Act shall continue to be in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions; (i) all debts, obligations and liabilities incurred, all contracts entered into, all allotments and transfers of land made and all matters and things engaged to be done in or as respects the area covered by the area of such Special Investment Region, by, with or for the Trust for such area shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Regional Development Authority; (j) notwithstanding anything contained in this Act, the validity of any declaration of application, publication, notification, appointment, order, allotment of land, proposal, award, proceeding, consultation, inquiry, certification, compromise, sanction, agreement, notice, approval, decision, dispute, withdrawal of any legal proceeding, final scheme or act made, held, issued, entered into, given, taken, decided, drawn up, or done, before such constitution, by or on behalf of the Trust, shall be deemed as if they were made, held, issued, entered into, given, taken, decided, drawn up or done under this Act by or on behalf of the Regional Development Authority; (k) all compromises, defenses or withdrawals, made in or from any legal proceedings, any offence compounded or any claim admitted, by or on behalf of the Trust before such constitution shall be deemed to have been made by or on behalf of the Regional Development Authority and may be enforced by or against the Regional Development Authority as effectively as they could be enforced by or against the Trust before such constitution; (l) all suits, prosecutions and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Regional Development Authority; (m) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Regional Development Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Regional Development Authority; (n) all rents, fees and other sums of money due to the Trust shall be deemed to be due to the Regional Development Authority; and (o) all sums or charges which the Trust was, immediately before such constitution, entitled to levy, assess and recover for or in respect of development or improvement of any land in the area of such Special Investment Region, may continue to be levied, assessed and recovered by the Regional Development Authority under the corresponding provisions of this Act. (2) Where any acquisition proceedings have been started under any law for the time being in force for any of the purposes of the Trust, the same shall be continued and completed under and in accordance with the provisions of such laws as aforesaid.

(1) Where entire area of an Urban Improvement Trust has been declared to be a Special Investment Region under Section 3, notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this section referred to as the 'said Act', and the rules, regulations and bye-laws made thereunder, as from the date of the constitution of the Regional Development Authority for such Special Investment Region under this Act, hereinafter referred to as 'such constitution', - (a) such Urban Improvement Trust (hereinafter in this section referred to as 'the Trust') functioning in the area covered by the area of such Special Investment Region immediately before such constitution, shall stand dissolved; (b) all land, buildings and other immovable properties (together with all interests of whatever nature and kind therein) situated in the area of such Special Investment Region and vested in the Trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted; (c) all stores, articles or other movable properties belonging to the Trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Regional Development Authority so constituted; (d) all assessments, valuations,, measurements or divisions made by the Trust immediately before such constitution in or in connection with such area, shall, in so far as they are not inconsistent with the provisions of this Act, continue 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 Regional Development Authority so constituted; (e) all plans, schemes for the development or improvement of any area declared as the area of such Special Investment Region and prepared under the said Act, shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been prepared under this Act and any such plan or scheme which was in force immediately before the commencement of this Act, shall continue to be in force so long it is not otherwise dealt with under this Act; (f) all records and papers belonging to the Trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (e) shall vest in and stand transferred to the Regional Development Authority so constituted; (g) every officer or servant serving under the Trust immediately before such constitution, shall, on or from such constitution, be deemed to have been transferred temporarily for a period of one year to the Regional Development Authority so constituted, within which period until otherwise extended by it, such Regional Development Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of such Regional Development Authority on such posts and with such designations, as the Regional Development Authority may determine. The officers and servants so absorbed in the service of the Regional Development Authority shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held if the Regional Development Authority had not been constituted, and shall continue to so hold unless and until such tenure, remuneration and terms and conditions are duly altered by such Regional Development Authority: Provided that any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Regional Development Authority; (h) anything done or any action taken including any appointment, delegation, order, scheme, rule, bye-laws, regulation or form made or notification issued or permission granted under the said Act so far as it is not inconsistent with the provisions of this Act shall continue to be in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions; (i) all debts, obligations and liabilities incurred, all contracts entered into, all allotments and transfers of land made and all matters and things engaged to be done in or as respects the area covered by the area of such Special Investment Region, by, with or for the Trust for such area shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Regional Development Authority; (j) notwithstanding anything contained in this Act, the validity of any declaration of application, publication, notification, appointment, order, allotment of land, proposal, award, proceeding, consultation, inquiry, certification, compromise, sanction, agreement, notice, approval, decision, dispute, withdrawal of any legal proceeding, final scheme or act made, held, issued, entered into, given, taken, decided, drawn up, or done, before such constitution, by or on behalf of the Trust, shall be deemed as if they were made, held, issued, entered into, given, taken, decided, drawn up or done under this Act by or on behalf of the Regional Development Authority; (k) all compromises, defenses or withdrawals, made in or from any legal proceedings, any offence compounded or any claim admitted, by or on behalf of the Trust before such constitution shall be deemed to have been made by or on behalf of the Regional Development Authority and may be enforced by or against the Regional Development Authority as effectively as they could be enforced by or against the Trust before such constitution; (l) all suits, prosecutions and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Regional Development Authority; (m) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Regional Development Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Regional Development Authority; (n) all rents, fees and other sums of money due to the Trust shall be deemed to be due to the Regional Development Authority; and (o) all sums or charges which the Trust was, immediately before such constitution, entitled to levy, assess and recover for or in respect of development or improvement of any land in the area of such Special Investment Region, may continue to be levied, assessed and recovered by the Regional Development Authority under the corresponding provisions of this Act. (2) Where any acquisition proceedings have been started under any law for the time being in force for any of the purposes of the Trust, the same shall be continued and completed under and in accordance with the provisions of such laws as aforesaid.

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