Section 60 in The Rajasthan Urban Improvement Act, 1959
60. Disposal of land by the Trust.
(1)The Trust may-(a)with the sanction of the State Government, dispose of [by way of allotment, regularization or auction,] [Inserted by Rajasthan Act 21 of 1999. dated 11-10-1999. w.e.f. 17-6-1999.] any land acquired by the State Government and transferred to the Trust without undertaking or carrying on any improvement thereon, or(b)subject to any directions given by the State Government dispose of any such land after undertaking or carrying on such improvement as it thinks fit,to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the improvement of the urban area concerned according to the [master plan or the scheme or both] [Substituted by Rajasthan Act 3 of 1963, dated 29-3-1963.].(2)The power of the Trust with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the Trust and are willing to comply with any requirements of the Trust as to its improvement and use have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them:Provided that where the Trust proposes to dispose of by sale any land without any improvement having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it, subject to such requirements as to its improvement and use as the Trust may think fit to impose.(3)[ Nothing in this Act shall be construed as enabling the Trust to dispose of land by way of gift but subject as aforesaid references in this Act to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange, mortgage or lease or by the creation of any easement, right or privilege or otherwise.] [[Substituted by Rajasthan Act 11 of 2004, dated 10-8-2004. for the following:-'(3) Nothing in this Act shall be construed as enabling the Trust to dispose of land by way of gift, mortgage or charge but subject as aforesaid references in this Act to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement, right or privilege or otherwise.']](4)[ All lands which are deemed to have been placed at the disposal of the Trust under section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of khatedars thereof, as the case may be, shall be available for allotment or regularization preferably to the persons having possession over such land or part thereof, as the case may be, on the basis of allotment made or Patta given to them by the Housing Co-operative Society or on the basis of any other document of transfer of land to them either by tenant or any other person claiming through the tenant, whose tenancy rights have been resumed or surrendered, under the said provision, on such terms and conditions and subject to payment to the Trust of such charges or premium or both, as the case may be, and at such rates as may be prescribed by the State Government in this behalf:Provided that no allotment or regularization of any land shall be made which has been duly earmarked for public utilities/services such as park, nursery, civil or military aviation, bus stand, transport terminal, railways, public roads, highways, footpath, sewage lines, water supply, electricity supply, telephone lines, hospital, school, educational institution, university, cremation ground, grave-yard and for such other purposes as State Government may specify by notification in the Official Gazette.(5)The charges realised under sub-section (4) shall be credited to the Consolidated Fund of the State and the fund of the Trust as may be determined by the State Government.] [Sub-Section (4)&(5), Inserted by Rajasthan Act 21 of 1999, dated 11-11- 1999. w.e.f. 17-6-1999.]
