[Ar.Prasoon Bansal]

Urban Improvement Trust Act


In the early part of the twentieth century, town planning was considered a part of municipal functions. The problems of town improvement were, both in their scope and complexity, such that they could be handled by the municipal administration within the resources it possessed. Town improvement then
mainly meant better sanitary facilities, digging of a well or a pond for purpose of drinking water, health measures in case of epidemics, etc. Where a town was growing, it meant construction of a few new roads and the question of inadequacy of existing services hardly arose. As these problems grew bigger and  it went beyond the capacity of the municipal bodies to handle them, Improvement Trusts were created and they were entrusted with town improvement schemes, town expansion schemes and provision of essential services, amenities, etc.

The Improvement Trusts were also given powers to raise financial resources for their programmes through means which were not normally available to the municipal administrations. The first Improvement Trust to be constituted in India was in Bombay in 1898. The dreaded plague that had brought havoc in Europe broke out in Bombay in 1896 and devastated the city. 



Consequently, the Government formulated a scheme for the better ventilation of the densely populated parts of the city, removal of insanitary dwellings and prevention of over-crowding. In September, 1897, the Government of Bombay put forward definite proposals for the establishment of an Improvement Trust for the city. Thus, the City Improvement Trust was created under the Bombay Act, IV of 1896. The Bombay Improvement Trust was soon followed by the 



•      City Improvement Trust, Mysore (1903), 

•      the Calcutta Improvement Trust (1911) and the 

•      United Provinces Town Improvement Act of 1919 



which led to the constitution of 


•      Improvement Trusts for Lucknow (1919),
•      Kanpur (1919) and 
•      Allahabad (1920).

After independence Rajasthan state government  constituted urban improvement trust under UIT act 1959 in major cities like Jaipur, Jodhpur, Udaipur and Ajmer etc. 


Salient feature of Rajasthan urban improvement act 1959

Preparation of Master Plans 

·         Power of State Government to order preparation of master plan 
·         Contents of master plan 
·         Procedure to be followed 
·         Submission of master plan to Government 
·         Date of operation of master plan 


Constitution of Trusts 
·         Establishment and incorporation of Trusts 
·         Constitution of Trusts 

Framing of Schemes

·         Schemes : matters to be provided therein 
·         30. Matters to be considered when framing schemes 
·         31. Scheme to conform to master plan 
·         32. Previous notification of area for which scheme is framed 
·         33. Preparation, publication and transmission of notice as to schemes and supply of documents to applicants 
·         34. Transmission to Trust of representation by Municipal Board as to schemes
·         35. Furnishing of copies of extracts from the assessment book of a local body 
·         36. Abandonment of scheme or application to Government to sanction it 
·         37. Power to sanction, reject or return scheme 
·         38. Notification of sanction of scheme 
·         39. Period for execution of a scheme 
·         40. Alteration of Scheme after sanction 
·         41. Combination of schemes

Powers and duties of the Trust where a scheme has been sanctioned



·         42. Transfer to Trust for purpose of scheme of building or land vested in Municipal Board 
·         43. Nazul lands 
·         44. Transfer of private street or square to Trust for purposes of 
·         45. Provisions of drain or water work to replace another situated on land vested in the

Trust under Section 42 or Section 43 or Section 

·         46. Power of Trust to turn or close street or square vested in it 
·         47. Power under the Municipal laws vested in the Trust 
·         48. Transfer of duties etc. of Municipal Board to Trust 
·         49. Power to make surveys or contribute towards their 
·         50. Vesting in Municipal Board of street laid out or altered and open space provided



by the Trust under Scheme 



Acquisition and disposal of Land 



·         51. Power to purchase or lease by agreement 

·         52. Compulsory acquisition of land 
·         60. Disposal of land by the Trust 
·         60-A. Transitory provisions for pending matters relating to acquisition of land 


Finance 


·         61. Improvement Fund 

·         62. Power of Trust to levy betterment charges 
·         63. Assessment of betterment charge

General provisions as to improvement 



·         72. Restriction on improvement in urban areas 
·         73. Application for permission 
·         73-A. Sanction for sub-division or re-constitution of plots 
·         73-B. Restriction on change of use of land and power of State Government to allow change in use of land 



Rules and Regulations 


·         74. Power of Government to make rules 
·         75. Power of the Trust to make regulations 
·         77. Power of Government to cancel regulations made under Section 

Procedure and Penalties 

·         90. Power to prevent or demolish building
·         91. Penalty for non-compliance with notice under Section 90 
·         91-A Order of demolition of buildings 
·         91-B. Power to stop improper use of land or buildings in urban areas 
·         91-C. Power to stop building operations 
·         91-E. Fines payable to the Trust 
·         91-F. Defaults in providing amenities 
·         91-G. Power to require local authority to assume responsibility in certain cases 
·         92. Penalty for obstructing contractor or removing mark 
·         92-A. Encroachment or obstruction upon public land