The Rajasthan Municipalities Act, 2009

97
CHAPTER-XI
Urban Development and Town Planning
159. Civic Survey and preparation of Master Development Flan and
other Plans.- (1) Subject to the provisions of any other law for the time
being in force, the Municipality, with a view to securing planned and
integrated development of the city and balanced use of the land, shall
carry out a detailed survey of the city and preparea Master Development
Plan
and other statutory plans. The Municipality shall, for this purpose,
co-ordinate with the Metropolitan Planning Committee or the District
Planning Committee, as the case may be, and also Chief Town Planner
of the State. The plans mentioned herein shall be prepared with the
time perspective, namely:-
following
() Master Development Plan for
20 year period;
-
a
i) Execution Plan a 5 year
-
for
period; and
(ii) Annual Municipal Action Plan-for a 1 year period.
(2) In addition to the Master Development Plan, Execution Plan and
Annual Municipal Action Plan, the
Municipality, may as may be directed
such other
plans for each ward as it may consider appropriate or prepare
by the State Government from time to time.
(3) The Master Development Plan shall precisely define the
targeted development to sub-serve the needs of the growing area of time
Municipality, the net work of public utilities, civic amenities, community
facilities, housing, communications and transport, the
for conservation and projects or schemes
for
development of natural resources and may provide
following matters, wherever required-
) transport and communications such as roads,
canals, international air ports, air high-ways, railways
cargo comnplexes and bus-ev
including their development;
(i) water supply, drainage, sewerage,
public utilities, amenities and services,sewage disposal and
otner
(i) preservation, conservation and
inchuding electricity and gas
development of areas of natura
Scenery, city forests, wild life, natural resources and
(iv) landscaping
preservation of objects, features, structures or places of
histonvalu
natural, architectural or scientific interest and educational
() prevention of erosion,
provision for forestation or re-forestationy
improvement of water front areas, rivers, drains, lakes and tanuA
(Vi) irrigation, water
and
supply and hydro-electric works, flood contO
prevention of water and air
pollution;
(vi) educational and medical
facilities;
(viii) district business centers, other
oriented industrial areas and shopping complexes, ex port
ition
centers, cattle fairs and clearing houses, permanent exnu
markets;
 2009
Municipalities Act,
The Rajasthan
98 of holding national
complexes worthy and
and sports
(ix) international
games
events;
artificial lakes and water
reso.

a m u s e m e n t parks, including recroa

(x) theatres, cinemas, studios,
cultural complexes including Concert halls, town halls and
(xi) hall complexes,
centers, conference
auditoria;
hotels and motels, car hiring services
(xii) tourist complexes including
and treks;
organized tours distribution and
land for different uses, general
(xiii) allocation of of land and the extent to which the land mav
general location agricultural, or as
be used residential, commercial, industrial,
as
or for other purposes:
forests or for mineral exploitation
for open spaces, gardens, recreation centers.
(xiv) reservation of areas nature-reserves, animal sanctuaries, dairies
zoological gardens,
and health resorts and other purposes;
(xv) the relocation of the population
or
industry from over populated
and indicating the density of
and industrially congested areas
areas and indicating the density of
population or the congested of industry to be allowed in
population or the concentration
the area;
(xvi) housing; reclamation of low lying, swampy or un-healthy
(xvii) filling up or
leveling
areas or up of lands; and
(xvii) re-development and improvement of existing built-up areas.
[(4) The Master Development Plan may also define the various zones,
into which the Municipality having the population of more than one lac
for the purposes of development and indicate the manner
may be divided
in whichindevelope
manner developmental
landworks arezone
in each to be carried out,
is proposed to and indicate
be used the
(whether
by the carrying out therein developmental works or otherwise), and the
stages by which any such developmental works shall be carried out and
shall serve as a basic pattern of frame-work within whicB the Zonal
Development Plans of the various zones may be prepared
Provided hat the Municipality may, if it considers necessary in the
public interest, alter the area of any zone:
Provided further that the State Govt. may suo-moto or on the proposal
of the Municipality having population of less than one lac, take a
to prepare the Zonal Development Plan and Sector Plan for such
decision
Municipality.]
(5) The Municipality may decide about the items of development to
be included and extent of surveys required, in the case of other statutory
plans mentioned above.
(5) Notwithstanding anything contained in this section the
may undertake any of the schemes included in the Master Municipality
Plan having regard to the Development
availability of its financial resources.
160. Procedure to be followed in
the preparation and sanction or
Plan- (1) Before
preparing any Plan finally the Municipality shall prepare
1. Subs. by Noti. No.
Pt. 4(A), dt.
F.2(3) Vidhi2/2020, Dt. 13.3.2020 (Pub. in Raj. Gaz. Ex-ora"
24.3.2020) (w.e.f. 13.3.2020).
 Municipalities Act, 2009
The Rajasthan 99
it by making a copy thereof availaki.
fox
Plan in draft
and publish manner as ma
a
and publishingnotice in
a
sucn
rorm and from an.ay be
inspection
objections and suggestions
determined by bye-laws inviting before such date as may be specifio
to the draft
Plan in
with respect
the notice.
if it considers to appropriate, constitute an
(2) The Municipality may, of consider the draft
Advisory Committee consisting
the following plan
final shape:
-

before it is given a
Municipality;
All members of the
() of associations of industry, commerce and trade
) Representatives
and professions;
academic institutions located in the city:
(ii) Six representatives from
Non-Government-
iv) Six representatives from prominent
and
Organizations located in the city;
the city.
(v) Six any other prominent citizens of
representations and
(3) After considering all objections, suggestions,
if the Municipality shall
recommendations of the advisory committee, any,
send the Plan to the State Government for approval and after receipt
of the approval of the State Government finally sanction the Plan.
(4) Provisions may be made by bye-laws with respect to the torm
to be followed
and content of a Plan and with respect to the procedure
and sanction
and any other matter, in connection with the preparation
of such Plan.
161. Date of operation of Plan.- Immediately after a Plan has
been sanctioned by the "State Government], it shall be published through
a public notice stating that a Plan has been approved and naming a place
where a copy of the Plan may be inspected at all reasonable hours and
aforesaid notice, the Plan
upon the date of the first publication of the
shall come into operation.
162. Subsequent modification of Plans.- (1) At any time after a
Plan has come into operation according to provisions of section 161, the
make
Municipality may, with the prior approval of the State Government, which in
any modification to the Plan as it thinks fit, the modifications,
its opinion, do not affect material alterations in the character of the Plan
and which do not relate to the extent of land uses or the standards of
population density.
2) Before making any modification to the Plan, the Municipality shal
publish a notice, inviting objections before such date as may be specified
in the notice and shall consider all objections and suggestions that may
be received by the Municipality.
shall
6) Every modification made under the provisions of this section
be published and the modification shall come into operation either
the date of publication or on such date as the Municipality may fx b
notice published in the Official Gazette whereupon the modified Plan shall
come into operation to all intents and for all purposes of this Act.

1. Subs. by Noti. No. F. 2(17 Vidhi/2/2011, dt. 27.3.2011 (Pub. in Raj. Gaz., Pt 4(A),
dt. 27.3.2011) (w.e.f. 24.11.2010).
 100 Rajasthan Municipalities Act, 2009
The

(4) Upon coming into operation of any modified Plan an.

in any other section, except in the foregoing of this Chreference

y
sections
the Master Development Plan or any ther plan, shall be hapter,therasto
consti
a reference to the Master Development Plan or, as the case Strued
plan, as modified under the provisions of this section.
(5) No modification of the Plan shall be made under this
until and unless it is finally approved by the State is section
163. Implementation of Plan.- After the coming into
Governmen
plan, the Municipality may initiate such action
operation of
Plan as may be deemed necessary, subject to the tor implementation of any tha
164. Plans prepared prior to this provisions of this Act
under this Act.- Any Master
Act deemed to have been prepared
Development Plan
provisions of any other law for the time being inprepared under the
force prior to the
commencement of this Act, shall be deemed to have been
the provision of this Act; to which the prepared under
provisions of the
foregoing sections
relating to the sanction, modification and operation of Master
Development Plan shall mutatis mutandis Plan/Master
Provided that any Master apply:
Development Plan sanctioned for
Municipality under any other provisions of law shall cease to operatethe as
soon as a Plan is sanctioned under
the provisions of this Act.
165. Review of Plan.-
Notwithstanding anything contained in this
Act, if the State Government or the
Municipality at any time within ten
years from the date on which a Plan comes into
Act is of the opinion that the revision of such Plan isoperation
under this
Government may direct the Municipality to revise or the necessary, the State
of its own motion undertake revision of such Plan Municipality may
after carrying out,
if necessary, fresh civic and
and thereupon the foregoing
survey preparing an existing land use map
provisions of this Chapter shall, so far as
they can be made applicable, apply to the revision of such Plan as those
provisions apply in relation to the preparation, publication and sanction
of a Plan.
166. Declaration of Development Areas.- (1) As soon as mey be
after a plan comes into operation as
provided in section 161, the Municipality
may, with the approval of the State Government and by notification in
the Official Gazette, declare any area in the
city to be a development
area for the purposes of this Act.
On or after the date on which notification under sub-section (1)
is published in the Official
Gazette, no person shall institute or change
the use of any land or carry out any development of land without the
permission in writingof the Municipality:
Provided that, no such permission shall be necessary
9 for carrying out works for the maintenance, improvement or
other alteration of any building, being works which affect only
the interior of the building or which do not materially affect
the external appearance thereof;
 The Rajasthan Municipalities Act, 2009
101
workS in compliance with
() the carrying out of anv d.

direction made by any authority under any law for the t i

being in force;
(ii) the carrying out of works by the Municipality in exercise
f its
powers under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government
or local authority of any works-
any
(a) required for the maintenance or improvement of a highwav,
road or public street, being works carried out on land within
the boundaries of such highway, road or public street; and
(b) for the purpose of inspecting repairing or renewing any
drains, sewers, mains, pipes, cable, telephone or other
apparatus;
v for the excavation (including wells) made in the ordinary course
of agricultural operation;
(vi) for the construction of a road intended to give access to land
solely for agricultural purposes;
(vii) for normal use of land which has been used temporarily for
other purposes; and
(vii) in case of land, normally used for one purpose and occasionally
used for any other purpose, for the use of land for that other
purpose on occasion.