Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018

No: 49 Dated: Dec, 16 2018

THE JAMMU AND KASHMIR METROPOLITAN REGION DEVELOPMENT AUTHORITES Act, 2018

(Governor Act No. XLIX of 2018)

    An Act to provide for the establishment of Metropolitan Region Development Authorities, for the Metropolitan Regions of the State for the purposes of coordinating and supervising the proper, orderly and rapid development of the areas in such Regions and executing plans, projects and schemes for such development, and to provide for matters connected therewith or incidental thereto.

    In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th of June, 2018, the Governor is pleased to enact as follows :-

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018.

(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions. - (1) In this Act, unless the context otherwise requires,-

(a) "Act" means the Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018 ;

(b) "Amenity" means any item of infrastructure developmental work ;

(c) "Authority" means the Authority established under section 3 ;

(d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 13 ;

(e) "Development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations or the making of any material change in any building or land, or in the use of any building or land and includes redevelopment, layout and sub-divisions of any land and also the provision of amenities and projects, and "to develop" shall be construed accordingly ;

(f) "Development Authority" means any Authority established under the Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) having jurisdiction, whether wholly or partially, in the areas covered by the Metropolitan Region Development Authority ;

(g) "Development Plan" means a plan prepared or modified in terms of Chapter III and Chapter IV of the Jammu and Kashmir Development Act, 1970 ;

(h) "Executive Committee" means the Executive Committee constituted under section 7 ;

(i) "Government" means the Government of Jammu and Kashmir ;

(j) "Infrastructure Development Plan" means the infrastructure plan published under sub-section (5) of section 15 ;

(k) "Infrastructure Development Work" means development of infrastructure such as roads, water supply systems and water treatment, sewerage systems, sewerage treatment and disposal, drainage, electricity transmission and distribution systems, solid waste management facility, metro railway systems, piped natural gas, communications or such other urban infrastructure which connects two or more sectors, municipal colonies or villages or which provides for the infrastructure needs of the Region, but does not include any internal development work ;

(l) "Internal Development Work" means development of roads, provision of water supply, sewerage, drainage, electricity, sanitation or such other urban facilities or amenities within a sector, colony, municipal colony or abadi deh areas of villages located in the Region ;

(m) "Land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth ;

(n) "Metropolitan Region" or "Region" means the area notified by the Government as the Srinagar Metropolitan Region and the Jammu Metropolitan Region for the purposes of the Act ;

(o) "Mobility" means movement of a person on foot or a wheeled conveyance of any description ;

(p) "Mobility Management Plan" means the mobility management plan for managing mobility in the Region published under sub-section (5) of section 17 ;

(q) "Prescribed" means prescribed by rules made under this Act ;

(r) "Resident" means a permanent resident of the State of Jammu and Kashmir who ordinarily resides in the Metropolitan Region ;

(s) "Residents Advisory Council" means the Residents Advisory Council constituted under section 12 ; and

(t) "State" means the State of Jammu and Kashmir.

    (2) Words and expressions used in this Act but not defined herein shall have the same meaning as respectively assigned to them in the General Clauses Act, Samvat 1977 (Act No. XX of 1977), the Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970), Jammu and Kashmir Municipal Act, 2000 (Act No. XX of 2000), The Jammu and Kashmir Municipal Corporation Act, 2000 (Act No. XXI of 2000) and the relevant laws for the time being in force in the State.