REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No.

39]

NEW DELHI, SUNDAY, SEPTEMBER 2 ,1973 /BHADRA II,1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

33 of 1973

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 2nd September, 1973/Bhadra 11, 1895 (Saka)

The following President's Act is published for general information: —

tion: —

THE UTTAR PRADESH URBAN PLANNING AND

DEVELOPMENT ACT, 1973

No. I I OF 1973

Enacted by the President in the Twenty-four Year of the Republic

of India.

An Act to provide for the development of certian areas of Uttar

Pradesh according to plan and for matters ancillary thereto.

In exercise of the powers conferred by section 3 of the Uttar Pradesh

State Legislature (Delegation of Powers) Act, 1973, the President is

pleased to enact as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Uttar Pradesh Urban Planning and

• Development Act, 1973.

(2) It extends to the whole of Uttar Pradesh, excluding Cantonment

areas and lands owned, requisitioned or taken on lease by the Central

Government for the purpose of defence.

2. In this Act, unless the context otherwise requires,—

(a) "amenity" includes road, water supply, street lighting,

drainage, sewerage, public works and such other convenience as the

( 437 )

Short

title

and extent.

Defini-

tions.

43«

T H E GAZETTE OF INDIA EXTEAORDINAEY

[PART H—

State Government may, by notification in the Gazette specify to be

an amenity for the purposes of this Act;

(b) "building" includes any structure or erection or part of a

structure or erection which is intended to be used for residential,

industrial, commercial or other purposes, whether in actual use or

not;

tural alterations of, or additions to, buildings and other operations

normally undertaken in connection with the construction of build-

ings;

(d) "bye-law" means a bye-law made under this Act by the Deve-

lopment Authority;

(e) "development", with its grammatical variations, means the

carrying out of building, engineering, mining or other operations in,

on, over or under land, or the making of any material change in any

building or land, and includes re-development;

(/) "development area" means any area declared to be a develop-

ment area under section 3;

(g) "the Development Authority" or "the Authority", in rela-

tion to any development area, means the Development Authority

constituted under section 4 for that area;

(h) "engineering operations" includes the formation or laying

out means of access to a road or the laying out of means of water

supply;

(i) "means of access" includes any means of access, whether

private or public, for vehicles or for foot passengers, and includes a

road;

(j) "regulation" means a regulation made under this Act by the

Development Authority;

(7c) "rule" means a rule made under this Act by the State Gov-

ernment;

(I) "to erect a building", with its grammatical variations, In-

cludes—

(i) any material alteration or enlargement of any building;

(ii) the conversion, by structural alteration—

(a) of a building not originally constructed for human

habitation into a place for human habitation; or

(b) into more than one place for human habitation, of a

building originally constructed as one such place; or

greater number of such places;

(Hi) such alterations of a building as affect an alteration

of its drainage or sanitary arrangements, or materially affect its

security;

(iv) the addition of any rooms, buildings, houses or other

structures to any building; and

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

439

(v) the construction, in a wall adjoining any street or land

not belonging to the ownf of the wall, of a door opening on to

such street or land;

(m) "zone" means any one of the divisions in which a de-

velopment area may be divided for the purposes of development

under this Act

(n) the expression "land" has the meaning assigned to it in sec-

tion 3 of the Land Acquisition Act, 18&4>

CHAPTER II

THE DEVELOPMENT AUTHORITY AND ITS OBJECT^

3. If in the opinion of the State Government any area within the State

requires to be developed according to plan it may, by notification in the

Gazette, declare the area to be a development area.

4. (1) The State Government may, by notification in the Gazette,

constitute for the purposes of this Act, an Authority to be called the De-

velopment Authority for any development area.

(2) The Authority shall be a body corporate, by the name given to it

in the said notification, having perpetual succession and a common seal

with power to acquire, hold and dispose of property, both movable and

immovable and to contract and shall by the said name sue and be sued.

(3) The Authority in respect of a development area which includes

the whole or any part of a city as defined in the Uttar Pradesh Nagar

Mahapalika Adhiniyam, 1959, shall consist of the following members,

namely: —

(a) a Chairman to be appointed by the State Government;

(b) a Vice-Chairman to be appointed by the State Government;

partment of Housing, ex officio;

(d) the Secretary to the State Government, incharge of the

Department of Finance, ex officio;

(e) the Chief Town and Country Planner, Uttar Pradesh,

ex officio;

(f) the Chief Engineer, Local Self-Government Engineering De-

partment, Uttar Pradesh, ex officio;

(g) the Mukhya Nagar Adhikari, ex ojfficio;

(h) the District Magistrate of every district any part of which

is included in the development area, ex officio;

(i) four members to be elected by Sabhasads of the Nagar Maha-

palika for the said city from amongst themselves:

Provided that any such member shall cease to hold office as such

as soon as he ceases to be Sabhasad of the Nagar Mahapalika;

Declara-

tion

of deve-

lopment

areas.

the

develop-

ment

Autho-

rity.

44<3

i'iiit UA^Jtl-ik oi liiiiiA JtkxltAokDiiiiAld

L^AHi 11-

Stafl of

the

Authority.

(j) sucn other members not exceeding three as may be nominat-

ed by the State Government.

(4) The appointment of the Vice-Chairman shall be whole-time.

(5) The Vice-Chairman shall be entitled to receive from the funds of

the Authority such salaries and allowances and be governed by such

conditions of service as may be determined by general or special order

of the State Government in this behalf.

(6) A member referred to in clause (c), clause (d), clause (e)

clause (/) of sub-section (3) may instead of attending a meeting of the

Authority himself depute an officer, not below the rank of Deputy Sec-

retary in his department in the case of a member referred to in clause

oi a member referred to in clause (e) and not below

the

rank

Superintending Engineer in the case of a member referred

to in

clause (f), to attend the meeting. The officer so deputed shall have the

right to take part in the proceedings of the meeting and shall also have

the right to vote.

(7) The Authority in respect of a development area other than that

mentioned in sub-section (3) shall consist of a Chairman, a Vice-Chair-

man and not less than five and not more than eleven such other mem-

bers, including at least one member each from the Municipal Boards and

Notified Area Committees having jurisdiction in the development area,

who shall hold office for such period and on such terms and conditions,

as may be determined by general or special order of the State Govern-

ment in this behalf:

Provided that the Vice-Chairman or a member other than an ex officio

member of the Authority may, at any time by writing, under his hand

addressed to the State Government resign his office and on such resigna-

tion being accepted shall be deemed to have vacated his office.

(S) No act or proceedings of the Authority shall be invalid by reason

of the existence of any vacancy in, or defect in the constitution of, the

Authority.

5. ,(1) The State Government may appoint two suitaoie persons res-

pectively as the Secretary and the chief accounts officer of the Authority

who shall exercise such powers and perform such duties as may be pres-

cribed by regulations or delegated to them by the Authority or its Vice-

Chairman.

(2) Subject to such control and restrictions as may be determined by

general or special order of the State Government, the Authority

may

appoint such number of other officers and employees as may be necessary

for the efficient performance of its functions and may determine their

designations and grades.

(3) The secretary, the chief accounts officer and other officers

and

employees of the Authority shall be entitled to receive from the funds of

the Authority such salaries and allowances and shall be governed by

such other conditions of service as may be determined by regulations

made in that behalf.

&EC. lj

THE GAZETTE OF INDIA EXTRAORDINARY

441

6. (I) The State Government may, ii it thinks fit, constitute an advi-

sory council for the purpose ol advising the Authority on the prepara-

tion of the master p±an and 011 such other matters relating to the planning

of development or arising out of, or in connection with, the administra-

tion of this Act as may be referred to it by the Authority.

(2) The advisory council in respect of a development area referred to

in sub-section (3) of section 4 shall consist of the following

members,

namely:-—

(a) the Chairman of the Authority, ex officio, who shall be the

President;

(b) the Chief Town and Country Planner, Uttar Pradesh, and the

Chief Engineer, Local Self-Government

Engineering

Department,

Uttar Pradesh, ex officio;

his nominee who shall not be below the rank of a Deputy Director,

ex officio;

(d) four representatives of the local authorities having jurisdic-

tion within the limits of the development area, to be elected by their

members from among themselves;

(e) the Transport Commissioner, Uttar Pradesh, or his nominee

who shall not be below the rank of Deputy Transport Commissioner,

ex officio;

(/) the Chairman, State Electricity Board, Uttar Pradesh or his

nominee, ex officio;

(g) all the members of the House of the People and the State

Legislative Assembly whose constituencies include any part of the

development area;

(h) all members of the Qouncil of States and the State Legisla-

tive Council who have their residence in the development area;

(i) three members to be nominated by the State Government,

one of whom shall represo.it the inters L of labour and

one the

interest of industry and commerce in the development area.

(3) For the purpose of clause (h) of sub-section (2), the place of resi-

dence of a member of the Council of States or the State

Legislative

Council shall be deemed to be that mentioned in the notification of his

election or nomination, as the case may be, as such member.

(4) An elected member

under clause (d) of

sub-section (2) shall

hold office for a term of three years from the date of his election to the

council and shall be eligible for re-election:

Provided that such term shall come to an end as soon as the member

ceases to be a member of the local body from which he was elected.

(5) The Advisory council, if any, in respect of a development area

other than that mentioned in sub-section (2) shall consist of such mem-

bers as may be determined by the State Government by general or

special order in that behalf.

(6) The Council shall meet as and when called by the Chairman:

Provided that such meeting shall be held at least twice a year.

Advisory

Council.

Afi.1

THE GAZETTE OF INDIA EXTRAORDINARY

[PART 11^

Objects

of the

Authority.

Civic

survey of,

and master

plan for

the deve-

lopment

area.

Zonal

develop-

ment

plans,

7. The objects of the Authority shall be to promote and secure the

development of the development area according to plan and for that pur-

pose the Authority shall have the power to acquire, hold, manage and

dispose of land and other property, to carry out building,

engineering,

mining and other operations, to execute works in connection with the

supply of water and electricity, to dispose of sewage and to provide and

maintain other services and amenities and generally to do anything neces-

sary or expedient for purposes of such development and for purposes in-

cidental thereto:

Provided that, save as provided in this Act, nothing contained in this

Act shall be construed as authorising the disregard by the Authority of

any law for the time being in force.

CHAPTER III

MASTER PLAN AND ZONAL DEVELOPMENT PLANS

8. (2) The Authority shall, as soon as may be, prepare a master plan

for the development area.

(2) The master plan shall—

(a) define the various zones into which the development area

may be divided for the purposes of development and indicate

the

manner in which the land in each zone is proposed to be used

(whether by the carrying out thereon of development or otherwise)

and the stages by which any such development shall be carried out,

and

(b) serve as a basic pattern of frame-work within which the

zonal development plans of the various zones may be prepared.

(3) The master plan may provide for any other matter which may be

necessary for the proper development of the development area.

9. (1) Simultaneously with the preparation of the master plan or as

30on as may be thereafter, the Authority shall proceed with the prepa-

ration of a zonal development plan for each of the zones into which the

development area may be divided.

(2) A zonal development plan may—

(a) contain a site-plan and use-plan for the development of the

zone and show the approximate locations and extents of land uses

proposed in the zone for such things as public buildings and other

public works and utilities, roads, housing, recreation, industry, busi-

ness, markets, schools, hospitals and public and private open spaces and

other categories of public and private uses;

(b) specify the standards of population density

and

building

density;

the Authority, be required or declared for development or re-deve-

lopment; and

(d) in particular, contain provisions regarding all or any of the

following matters, namely: —

(i) the division of any site into plots for the erection of

buildings;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

443

(ii) the allotment or reservation of land for roads,

open

spaces, gardens, recreation-grounds, schools, markets and other

public purposes;

(in) the development of any area into a township or colony

and the restrictions and conditions subject to which such deve-

lopment may be undertaken or carried out;

(iv) the erection of buildings on any site and the restrictions

and conditions in regard to the open spaces to be maintained in

or around buildings and height and character of buildings;

(v) the alignment of buildings of any site:

(vi) the architectural features of the elevation or frontage

of any building to be erected on any site;

(vii) the number of residential buildings

which may

erected on plot or site;

(viii) the amenities to be provided in relation to any site or

buildings on such site whether before or after the erection of

buildings and the person or authority by whom or at whose ex-

pense such amenities are to be provided;

(ix) the prohibitions or restrictions regarding erection

shops, workshops, warehouses or factories or

buildings of

specified architectural feature or buildings designed for parti-

cular purposes in the locality;

(x) the maintenance of walls, fences, hedges or any other

structural or architectural construction and the height at which

they shall be maintained;

(.ri) the restrictions regarding the use of any site for pur-

poses other than erection of buildings;

(ocii) any other matter which is necessary for

the proper

development of the zone or any area thereof according to plan

and for preventing buildings being erected haphazardly in such

zone or area.

10. (1) In this section and in sections 11, 12, 14 and lf> the word "plan"

means the master plan as well as the zonal development plan for a zone.

(2) Every plan shall, as soon ?s may be after its preparation be sub-

mitted by the Authority to the State Government for anr>t-oval^{a n}^ that

Government may either approve the p!?n without modification or with

such modifications as it may consider necessary or reiect the plan with

directions to the Authority to prepare a fresh plan according to such

directions.

11. (1) Before preparing any plan finally and submitting it to the

State Government for approval, the Authority shall prepare a plan in

draft and publish it by making a copv thereof available for inspection

and publishing a notice in such form and manner as mav be prescribed

by regulations made in that behalf inviting obiections and suggestions

from any person with respect to the draft plan before such date as may

be specified in the notice.

Submis-

sion of

plans

to the

State

Govern-

ment for

approval.

Procedure

to be

folio vver

in the

prepara-

tion

and

approval

of plan.

444

T H E GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

Date of

coni-

mence-

ment of

plan.

Amend-

ment of

plans.

(2) The Authority shall also give reasonable opportunity to

every

local authority within whose local limits any land touched by the plan

is situated, to make any representation with respect to the plan.

(3)After considering all objections, suggestions and representations

that may have been received by the Authority, the Authority shall final-

ly prepare the plan and submit it to the State Government for its ap-

proval.

(4) Subject to the foregoing provisions of this section, the State Gov-

ernment may direct the Authority to furnish such information as that

Government may require for the purpose of approving any plan sub-

mitted to it under this section.

12. Immediately after a plan has been approved by the State Govern-

ment the Authority shall publish in such manner as the State Govern-

ment may specify, a notice stating that a plan has been approved

and

naming a place where a copy of the plan may be inspected at all reason-

able hours, and upon the date of the first publication of the

aforesaid

notice the plan shall come into operation.

CHAPTER IV

AMENDMENT OF THE MASTER PLAN AND THE ZONAL DEVELOPMENT PLAN

13. (1) The Authority may make any amendments in the master plan

or the zonal development plan as it thinks fit, being amendments which,

in its opinion do not effect important 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) The State Government may make amendments in the master plan

or the zonal development plan whether such amendments

are of the

nature specified in sub-section (1) or otherwise.

(3) Before making any amendments in the plan, the Authority, or as

the case may be, the State Government shall publish a notice in at least

one newspaper having

circulation

in the

development area inviting

objections and suggestions from any pprson with respect to the proposed

amendments before such date as may be specified in the notice and shall

consider all objections and suggestions

that may

be received by the

Authority or the State Government.

(4) Every amendment made under this section shall be published in

such manner as the Authority or the State Government, as the case may

be, may specify, and the amendments shall come into operation either on

the date of the first publication or on suoh other date as the Authority

or the State Government, as the case may be, may fix.

(5) When the Authority makes any amendments in the plan under

sub-section (1) it shall report to the State Government the full parti-

culars of such amendments within thirty days of the date on which such

amendments come into operation.

(6"\ If anv auestion arises whether the amendments proposed to be

made bv the Authority are amendments which effect important altera-

tions in the character of the ulan or whether they relate to the extent of

land-uses or the standards of population density, it shall be referred to

the State Government whose decision thereon shall be final.

SEC. 1]

THE GAZETTE OF INDIA EXTBAORD1NARY

445

(7) Any reference in any other Chapter, except Chapter III, to the

master plan or the zonal development plan shall be construed as a refer-

ence to the master plan or the zonal development plan as amended under

this section.

CHAPTER V

DEVELOPMENT OF LANDS

14. (1) After the declaration of any area as development area under

section 3, no development of land shall be undertaken or carried out or

continued in that area by any person or body (including a department

of Government) unless permission for such development has been

obtained in writing from the Authority in accordance with the provisions

of this Act.

(2) After the coming into operation of any of the plans in any deve-

lopment area no development shall be undertaken or carried out or con-

tinued in that area unless SUCh development it! fllsn In nrvnrrlnnpn. -anth.

such plans.

(3) Notwithstanding anything contained in sub-sections (1) and (2),

the following provisions shall apply in relation to development of land by

any department of any State Government or the Central Government

or any local authority—

(a) when any such department or local authority

intends to

carry out any development of land it shall inform the Authority in

writing of its intention to do so, giving full particulars thereof, in-

cluding any plans and documents, at least 30 days before undertak-

ing such development;

(b) in the case of a department of any State Government or the

Central Government, if the Authority has no objection it should in-

form such department of the same within three weeks from the date

of receipt by it under clause (a) of the department's intention, and

if the Authority does not make any objection within the said period

the department shall be free to carry out the proposed development;

development on the ground that the development is not in conformity

with any master plan or zonal development plan prepared or intend-

ed to be prepared by it, or on any other ground, such department or

the local authority, as the case may be, shall—

(i) either make necessary modifications in the proposal for

development to meet the objections raised by the Authority; or

(ii) submit the proposals for development together with the

objections raised by the Authority to the State Government for

decision under clause (d);

(d) the State Government, on receipt of proposals for develop-

ment together with the objections of the Authority, may either ap-

prove the proposals with or without modifications or direct the depart-

ment or the local authority, as the case may be, to make such modifi-

cations as proposed by the Government and the decision of the State

Government shall be final;

Develop-

ment at

land in the

developed

area.

446

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

Applica-

tion for

permis-

sion.

(e) the development of any land begun by any such department

or subject to the provisions of section 59 by any such local authority

before the declaration referred to in sub-section (1) may be com-

pleted by that department or local authority without compliance

with the requirement of sub-sections (I) and (2).

15. (1) Every person or body (other than any department of Govern-

ment or any local authority) desiring to obtain the permission referred

to in section 14 shall make an application in writing to the Authority in

such form and containing such particulars in respect of the development

to which the application relates as may be prescribed by regulations.

(2) Every application under sub-section (I) shall be accompanied by

such fee as may be prescribed by rules.

(3) On the receipt of an application for permission under sub-section

(1), the Authority after making such inquiry as it considers necessary in

relation to any matter specified in clause (d) of sub-section (2) of section

9 or in relation to any other matter, shall, by order in writing, either

grant the permission, subject to such conditions, if any, as may be speci-

fied in the order or refuse to grant such permission:

Provided that before making an order refusing such permission, the

applicant shall be given a reasonable opportunity to show cause why the

permission should not be refused:

Provided further that the Authority may before passing any order on

such application give an opportunity to the applicant to make any correc-

tion therein or to supply any further particulars or documents or to

make good any deficiency in the requisite fee with a view to bringing it

into conformity with the relevant rules or regulations.

(4) "Where permission is refused, the grounds of such refusal shall

be recorded in writing and communicated to the applicant.

(5) Any person aggrieved by an order under sub-section (4) may

appeal to the Tribunal against that order within thirty days from the

communication thereof and the Tribunal may after giving an opportunity

of hearing to the appellant and, if necessary, also to the representative

of the Authority, either dismiss the appeal or direct the Authority to

grant the permission applied for with such modifications, or subject to

such conditions, if any, as may be specified.

(6) The Authority shall keep in such form as may be prescribed by

regulations a register of applications for permission under this section.

(7) The said register shall contain such particulars, including informa-

tion as to the manner in which applications for permission have been

dealt with, as may be prescribed by regulations, and shall be available

for inspection by any member of the public at all reasonable hours on

payment of such fee not exceeding rupees five as may be prescribed by

regulations.

(8) Where permission is refused under this section, the applicant or

any person claiming through him shall not be entitled to get refund of

the fee paid on the application for permission but the Authority may,

on an application for refund being made within three months of the com-

munication of the grounds of the refusal under sub-section (4)

direct

refund of such portion of the fee as it may deem proper in the circum-

stances of the case,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

44^?

16. After the coming into operation of any of the plans in a zone no

person shall use or permit to be used any land or building in that zone

otherwise than in conformity with such plan:

Provided that it shall be lawful to continue to use, upon such terms

and conditions as may be prescribed by bye-laws made in that behalf,

any land or building for the purpose and to the extent for and to which

it is being used upon the date on which such plan comes into force.

CHAPTER VI

ACQUISITION AND DISPOSAL OF LAND

17. (2) If in,the opinion of the State Government, any land is required

for the purpose of development, or for any other purpose, under this

Act the State Government may acquire such land under the provisions

of the Land Acquisition Act, 1894:

Provided that any person from whom any land is so acquired may

after the expiration of a period of five years from the date of such

acquisition apply to the State Government for restoration of that land

to him on the ground that the land has not been utilized within the period

for the purpose for which it was acquired, and if the State Government

Is satisfied to that effect it shall order restoration of the land to him on

repayment of the charges which were incurred in connection with the

acquisition together with interest at the rate of twelve per cent, per annum

and such development charges if any as may have been incurred after

acquisition.

(2) Where any land has been acquired by the State Government, that

Government may, after it has taken possession of the land transfer the

land to the Authority or any local authority for the purpose for which

the land has been acquired on payment by Authority or the local autho-

rity of the compensation awarded under that Act and of the charges in-

curred by the Government in connection with the acquisition.

18. (1) Subject to any directions given by the State Governnient in

this behalf, the Authority or, as the case may be, the local authority

concerned may dispose of—

(a) any land acquired by the State Government and transferred

to it, without undertaking or carrying out any development thereon;

or .

(b) any such land after undertaking or carrying out such deve-

lopment as' it thinks fit,

to such persons, in such manner and subject to such terms and condi-

tions as it considers expedient for securing the development of the deve-

lopment area according to plan.

(2) Nothing in this Act shall be construed as enabling the Authority

or the local authority concerned to dispose of land by way of gift, mort-

gage or charge, but subject thereto, references in this Act, to the dis-

posal of land shall be construed as references to the disposal thereof in

any manner, whether by way of sale, exchange or lease or by ths crea-

tion of any easement, right or privilege or otherwise.

Usej of

land and

buildingi.

in contra-

vention

of plans.

Compulsory

acquisition

of land.

Disposal of

land

toy th«

Authority

or the local

authority

concerned.

448

THE GAZETTE OF INDIA EXTRAORDINARY

[£ART

fi-

Nazul

lands.

Fund of

the

Authority.

19. (1) The State Government may, by notification in the Gazette

and upon such terms and conditions as may be agreed upon between

that Government and the Authority, place at the disposal of the Autho-

rity all or any developed and undeveloped lands in the development area

vested in the State (known and hereinafter referred to as "nazul lands")

for the purpose of development in accordance with the provisions of.

this Act.

(2) After any nazul land has been placed at the disposal of

the

Authority under sub-section (1), no development of any such land shall

be undertaken or carried out except by or under the control and super-

vision of the Authority,

(3) After any such nazul land has been developed by or under the

control and supervision of the Authority it shall be dealt with by the

Authority in accordance with directions given by the State Government

in that behalf.

(4) If any nazul land placed at the disposal of the Authority under

sub-section (1) is required at any time thereafter by the State Govern-

ment, the Authority shall, by notification in the Gazette, replace it at

the disposal of that Government upon such terms and conditions as may

be agreed upon between that Government and the Authority.

CHAPTER VII

FINANCE, ACCOUNTS AND AUDIT

20. (1) The Authority shall have and maintain its own fund to which

shall be credited—

(a) all moneys received by the Authority from the State Gov-

ernment by way of grants, loans, advances or otherwise;

(b) all moneys borrowed by the Authority from sources other

than the State Government by way of loans or debentures;

Act;

(d) all moneys received by the Authority from the disposal of

lands, buildings and other properties, movable and immovable; and

(0) all moneys received by the Authority by way of rents and

profits or in any other manner or from any other source.

(2) The fund shall be applied towards meeting the expenses incur-

red by the Authority in the administration of this Act and for no other

purposes.

(3) Subject to any directions of the State Government, the Authority

may keep in current account of any Scheduled Bank such sum of money

out of its fund as it may think necessary for meeting its expected current

requirements and invest any surplus money in such manner as it thinks

fit

(4) The State Government may, after due appropriation made by

Legislature by law in that behalf, make such grants, advances and loans

to the Authority as that Government may deem necessary for the per-

formance of the functions of the Authority under this Act, and all grants,

loans and advances made shall be on such terms and conditions as the

State Government may determine.

3EC i]

THE GAZETTE OF INDIA EXTRAORDINARY

449

(5) The Authority may borrow money by way of loans or debentures

from such sources (other than the State Government) and on such terms

and conditions as may be approved by the State Government.

(6) The Authority shall maintain a sinking fund for the repayment

of moneys borrowed under sub-section (5), and shall pay every year

into the sinking fund such sum as may be sufficient for repayment within

the period fixed of all moneys so borrowed.

(7) The sinking fund or any part thereof shall be applied in, or to-

wards, the discharge of the loan for which such fund was created, and

until such loan is wholly discharged it shall not be applied for any other

purpose.

21. The Authority shall prepare in such form and at such time every

year as the State Government may specify, a budget in respect of the

financial year next ensuing, showing the estimated receipts and expen-

diture of the Authority.

22. (1) The Authority shall maintain proper accounts and other re-

levant records and prepare an annual statement of accounts including

the balance-sheet in such form as the State Government may specify.

(2) The accounts of the Authority shall be subject to audit annually

by the Examiner Local Fund Accounts, and any expenditure incurred

by him in connection with such audit shall be payable by the Authority

to the Examiner Local Fund Accounts.

(3) The Examiner Local Fund Accounts and any person appointed

by him in connection with the audit of accounts of the Authority shall

have the same rights, privileges and authority in connection with such

audit as the Examiner Local Fund Accounts has in connection with the

audit of the accounts of a local authority and, in particular, shall have the

right to demand the production of books, accounts, connected vouchers

and other documents and papers and to inspect the office of the Authority,

(4) The accounts of the Authority as certified by

the

Examiner

Local Fund Accounts or any other person appointed by him in that be-

half, together with the audit report thereon, shall be forwarded annually

to the State Government.

23. The Authority shall prepare for every year a report of its acti-

vities during that year and submit the report to the State Government

in such form and on or before such date as the State Government may

specify and such report shall be laid before both Houses of the Legis-

lature.

24. (1) The Authority may constitute for the benefit of its whole-

time paid members and of its officers and other

employees in

such

manner and subject to such conditions, as the State Government may

specify, such pension or provident funds as it may deem fit.

(2) Where any such pension or provident fund has been constituted,

the State Government may declare that the provisions of the Provident

Funds Act, 1925, shall apply to such fund as if it were a Government

Provident Fund.

Budget

of the

Authority.

Accounts

and audit.

Annual

report

Pension

and

provident

funds.

4£°_

THE GAZETTE OF INDIA EtfTRAOBblNABY

[PART 11-

Power of

entry.

Penalties.

CHAPTER Vill

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

25. The Vice-Chairman of the Authority may authorise any person to

enter into or upon any land or building with or without assistants or

workmen for the purpose of—

(a) making any inquiry, inspection, measurement or survey or

taking levels of such land or building;

(b) examining works under construction and ascertaining the

course of sewers and drains;

(d) setting out boundaries and intended lines of work;

(e) making such levels, boundaries and lines by placing marks

and cutting trenches;

(f) ascertaining whether any land is being or has been develop-

ed in contravention of the master plan or zonal development plan

or without the permission referred to in section 14 or in contraven-

tion of any condition subject to which such permission has been

granted; or

(,g) doing any other thing necessary for the efficient adminis-

tration of this Act:

Provided that—

(i) no such entry shall be made except between the hours

of sun-rise and sun-set and without giving reasonable notice to

the occupier, or if there be no occupier, to the owner of the land

or buildings;

(ii) sufficient opportunity shall in every instance be given

to enable woman, if any, to withdraw from such land or build-

ing;

(in) due regard shall always be had, so far as may be com-

patible with the exigencies of the purpose for which the entry

is made to the social and religious usages of the occupants of

the land or building entered.

26. (1) Any person who whether at his own instance or at

the

instance of any other person or any body (including a department of

government) undertakes or carries out development of any land in

contravention of the master plan or zonal development plan or without

the permission, approval or sanction referred to in section 14 or in con-

travention of any condition subject to which such permission, approval

or sanction has been granted, shall be punishable with fine which may

extend to ten thousand rupees, and in the case of a continuing offence,

with further fine which may extend to five hundred rupees for every

day during which such offence continues after conviction for the first

commission of the offence.

(2) Any person who uses any land or building in contravention of

the provisions of section 16 or in contravention of any terms and condi-

tions prescribed by regulations under the proviso to that section shall

be punishable with fine which may extend to five thousand rupees and

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

451

in the case of a continuing offence, with further fine which may extend

to two hundred and fifty rupees for every day during which such offence

continues after conviction for the first commission of the offence.

(3) Any person who obstructs the entry of a pc:'.: m mchorised under

section 25' to enter into or upon any land or building or molests such person

after such entry shall be punishable with imprisonment for a term which

may extend to six months, or with fine which may extend to one

thousand rupees, or with both.

27. (1) Where any development has been commenced or is

being

carried on or has been completed in contravention of the master plan or

zonal development plan or without the permission, approval or sanction

referred to in section 14 or in contravention of any conditions subject to

which such permission, approval or sanction has been granted, in rela-

tion to the development area, then, without prejudice to the provisions

of section 26, any officer of the Authority empowered by its Vice-Chairman

in that behalf, may make an order directing that

such

development

shall be removed by demolition, filling or otherwise by the owner thereof

or by the person at whose instance the development has been com-

menced or is being carried out or has been completed, within such,

period not being less than fifteen days and more than forty days from

the date on which a copy of the order of removal, with a brief statement

of the reasons therefor, has been delivered to the owner or that person

as may be specified in the order and on his failure to- comply with the

order, the officer of the Authority may remove or cause to be removed

the development, and the expenses of such removal as certified by the

said officer of the Authority shall be recoverable from the owner or the

person at whose instance the development was commenced or was being

carried out or was completed as arrears of land revenue and no suit

shall lie in the civil court for recovery of such expenses:

Provided that no such order shall be made unless the owner or the

person concerned has been given a reasonable opportunity to show cause

why the order should not be made.

(2) Any person aggrieved by an order under sub-section (1) may

appeal to the Tribunal against that order within thirty days from the

date thereof and the Tribunal may after

hearing the parties to the

appeal either allow or dismiss the appeal or may reverse or vary any

part of the order.

(3) The Tribunal may stay the execution of an order against which

an appeal has been filed before it under sub-section (2).

(4) The decision of the Tribunal on the appeal and, subject only to

such decision, the order under sub-section (J), shall be final and shall

not be questioned in any court.

(5) The provisions of this section shall be in addition to, and not in

derogation of, any other provision), relating to demolition of buildings

contained in any other law for the time being in force.

Eoepla-nation.—In this section, the term "Tribunal" means the Tribunal

appointed under section 37,

Order of

demolition

build-

ing.

452

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

Power to

stop deve-

lopment.

Confer-

ment of

other

powers

on the

Authority.

Offences

companies.

28. (1) Where any development in a development area has been com-

menced or continued in contravention of the master plan or zonal deve-

lopment plan or without the permission, approval or sanction referred

to in section 1.4 or in contravention of any conditions subject to which

such permission, approval or sanction has been granted then, without

prejudice to the provisions of sections 26 and 27, the Vice-Chairman of

the Authority or any officer of the Authority empowered by him in that

behalf, may make an order requiring the development to be discontinued

on and from the date of the service of the order, and such order shall be

complied with accordingly.

(2) Where such development is not discontinued in pursuance of the

order under sub-section (1), the Vice-Chairman or the said officer of

the Authority may require any police officer to remove the person by

whom the development has been commenced and all his assistants and

workmen from the place of development within such time as may be

specified in the requisition, and such police officer shall comply with the

requisition accordingly.

(3) After the requisition under sub-section (2) has been complied

with, the Vice-Chairman of the Authority may depute by a

written

order a police officer or an officer or employee of the Authority to watch

the place in order to ensure that the development is not continued.

(4) Any person failing to comply with an order under sub-section

(1) shall be punishable with fine which may extend to two hundred

rupees for every day during which the non-compliance continues after

the service of the order.

(5) No compensation shaHl be claimable by any person for

any

damage which he may sustain in consequence of the removal of any

development under section 27 or the discontinuance of the development

under this section.

(6) The provisions of this section shall be in addition to and not in

derogation of, any other provision relating to stoppage

building

operations contained in any other law for the time being in force.

29. After a master plan or zonal development plan has come

into

operation under section 12, the

Development

Authority or its Vice-

Chairman shall have such other powers and functions exercisable by

the local authority concerned or its Chief Executive Officer, as the case

may be, under the enactment contituting that local authority, subject

to such exceptions or modifications, as the State Government may by

notification in the Gazette specify.

30. (1) If the person committing an offence under this Act is a com-

pany, every person, who, at the time the offence was committed was in

charge of, and was responsible to, the company for the conduct of the

business of the company, as well as the company, shall be deemed to be

guilty of the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any punishment provided in this Act if he proves

that the offence was committed without his knowledge or that he exer-

cised all due diligence to prevent the commission of such offence,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

453

(2) Notwithstanding anything contained in sub-section (I), where an

offence under this Act has been committed by a company and it is

proved that the offence has been committed with the consent or con-

nivance of, or is attributable to any neglect on the part of, any director,

manager, secretary or other officer of the company, such

director,

manager, secretary or other officer shall also be deemed to be guilty of

that offence and shall be liable to be proceeded against and punished

accordingly.

Explanation.—For the purposes of this section—•

(a) "company" means a body corporate and includes a firm or

other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

31. All fines realised in connection with prosecutions under this Act

shall be paid to the Authority.

32. (1) Any offence made punishable by or under this Act may

either before or after the institution of proceedings, be compounded by

the Authority (or any officer authorised by it in that behalf by general

or special order), on such terms, including any term as regards payment

of a composition fee, as the Authority (or such officer) may think fit.

(2) Where an offence has been compounded, the offender, if in cus_-

tody, shall be discharged and no further

proceedings shall be taken

against him in respect of the offence compounded.

33. (2) If the Authority, after holding a local inquiry or upon report

from any of its officers or other information in its possession, is satisfied

that any amenity in relation to any land in a development area has not

been provided in relation to that land which, in the opinion of the

Authority, ought to have been or ought to be provided, or that any

development of the land for which permission, approval or sanction had

been obtained under this Act or under any law in force before the com-

ing into force of this Act has not been carried out, it may, after affording

the owner of the land or the person providing or responsible for providing

the amenity a reasonable opportunity to show cause, by order require

him to provide the amenity or carry out the development within such

time as may be specified in the order.

(2) If any amenity is not provided or any such development is not

carried out within the time specified in the order, then the Authority

may itself provide the amenity or carry out the development or have

it provided or carried out through such qgency as it deems fit:

Provided that before taking any action under this sub-section, the

Authority shall afford a reasonable opportunity to the owner of the land

or to the person providing or responsible for providing the amenity to

show cause as to why such action should not be taken.

Fines

when realis-

ed to be

paid to the

Authority.

Composi-

tion of

offences.

Power

of the

Authority

to provide

amenity or

carry out

develop-

ment et

cost of

owner in

the event

of his

default

and to

levy ce*a

in certain

cases.

454

TOE

GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) All expenses incurred by the Authority or the agency employed

by it in providing the amenity or carrying out the development together

with interest at such rate as the State Government may by order

fix

from the date when a demand for the expenses is made until

payment

may be recovered by the Authority from the owner or the person pro-

viding or responsible for providing the amenity as arrear3 of land re-

venue, and no suit shall lie in

the

civil court for recovery

such

expenses.

(4) Notwithstanding anything contained in the

foregoing

sub-sec-

tions, where the Authority on the written

representation by so

many

of the owners of any land in a development area as represent not less

than one-half of the area, of that land, is satisfied that any amenity in

relation to such land has not been provided which in the opinion of the

Authority ought to have been or ought to be

provided, or that any

development of that land for which permission, approval or santion

had been obtained under this Act or under any law in force before the

promulgation of this Act has not been carried out, it may itself provide

the amenity or carry out the development or have it provided or carried

out through such agency as it deems fit, and

recover the expenses

levy of cess from all the owners of the said land:

Provided that if the owners making the said representation contend

that the amenity had been agreed to be provided or the development

nad been agreed to be carried out by a coloniser or co-operative housing

society through or from whom the land was acquired by them, they

shall file with the Authority a copy of s u h agreement, or of the deed

of transfer or of the bye-laws of the society incorporating .such agree-

ment, and no action shall be taken by the Authority under this sub-sec-

tion unless notice has been given to the coloniser or the society, as the

case may be, to show cause why such action should not be taken:

Provided further that where the Authority is satisfied that the coloniser

or the society has become defunct or is not traceable, no notice under the

last preceding proviso need be issued.

(5) The cess referred to in sub-section (4) shall be equivalent to the

expenses incurred by the Authority or the agency employed by it in

provir¹ - ,L: the amenity or carrying out the development, together with

intereni it such rate as the State Government may by order fix, from

the d .- of completion of the work until payment, and shall be assessed and

levie

- all the owners of the land in proportion to the respective areas

of th v"'"^rti-^ons °f^{l a n d} owned by them.

(6) '''he said cess shall be payable in such number of instalments, and

each '•••Raiment shall be payable at such time and in such manner, as the

Authd tv may fix, and any arrear of cess shall be recoverable as arrears

of lar,j revenue, and no suit shall lie in the civil court for recovery

therer-.

(7> ^ht.- expenses incurred by the Authority or the agency employed

by it ..nder this section shall be certified by the

Authority, and such

certificate, as also the assessment of the cess, if any, under sub-section

(o) sh-.:.^;. he final.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

455

(8) If under any agreement belwean the owners of the land and the

colon'ser or the society referred to in sub-section (4) the responsibility

for providing the amenitv or nrrv'.ia o ut the development rested with

such coloniser or society, tne o-ess payable under that sub-section by the

owners shall be recoverable by them horn the coloniser or the society,

as the case may be.

34. Where any area has been developed by the Authority, the Autho-

rity may require the local authority

within

whose local limits

the

area so developed is situated, to assume responsibility for the mainten-

ance of the amenities which have been provided in the area by

the

Authority and for the provision of the amenities which have not been

provided by the Authority but which in its opinion should be provided

in the area, on terms and conditions agreed upon between the Authority

and that local authority; and where such terms and conditions cannot

be agreed upon, then on a reference of the matter to the State Govern-

ment by the Authority, on terms and conditions settled by that Govern-

ment in consultation with the local authority.

35. (1) Where, in the opinion of the Authority, as a consequence of

any development scheme having been executed by the Authority in any

development area, the value of any property in that

area which has

been benefited by the development, has increased or will increase, the

Authority shall be entitled to levy upon the owner of the property or

any person having an interest therein a betterment charge in respect

of the increase in value of the property resulting from the execution of

the development:

Provided that no betterment charge shall be levied in respect of lands

owned by Government:

Provided further that where any land belonging to Government has

been granted by way of lease or licence by Government to any person,

then that land and any building situate thereon shall be subject to a

betterment charge under this section.

(2) Such betterment charge shall be an amount—

(i) in respect of any property situate in the township or colony,

if any, developed or in other area developed or redeveloped, equal

to one-third of the amount, and

(ii) in respect of property situated outside such township, colony

or other area, as aforesaid, not exceeding one-third of the amount,

by which the value of the property on the completion of the execution

of the development scheme, estimated as if the property were clear of

buildings, exceeds the value of the property prior to such

execution,

estimated in like manner.

36. (1) When it appears to the Authority that any particular develop-

ment scheme is sufficiently advanced to enable the amount of the bet-

terment charge to be determined, the Authority may, by an order made

in that behalf, declare that for the purpose of determining the better-

ment charge the execution of the scheme shall be deemed to have been

completed and shall thereupon give notice in

writing to the owner of

the property or any person having an interest therein that the Authority

proposes to assess the amount of the betterment charge in respect of the

property under section 34.

Power of

Authority

to reqyir*

local

authority

to assume

responsi-

bilities In

certain

cases.

Power of

Authority

to levy

better-

ment

charg.

Assessment

of better-

ment

charge

by Autho-

rity.

456

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Settle-

ment

of better-

ment

charge by

Tribunal,

(2) The Authority shall then assess the amount of betterment charge

payable by the person concerned after giving such person an opportunity

to be heard and such person shall, within three months from the date

of receipt of the notice in writing of such assessment from the Authority,

inform the Authority by a declaration in writing that he accepts the

assessment or dissents from it.,

(3) When the assessment proposed by the Authority is accepted by

the person concerned within the period specified in sub-section (2) such

assessment shall be final.

(4) If the person concerned dissents from the assessment or fails to

give the Authority the information required by sub-section (2) within

the period specified therein the matter shall be determined by the Tri-

bunal under section 37.

37. (1) For the determination of the matters referred to in sub-sec-

tion (5) of section 15, in sub-sections (2) and (3) of section 27 and in

sub-section (4) of section 36, the State Government shall appoint a

Tribunal consisting of a Civil Judicial Officer not below the rank of

Civil Judge.

(2) The Tribunal shall, subject to any rules made in that

behalf

follow such procedure as it may think fit.

(3) The Tribunal shall, for the purpose of determining any matter

referred to them have the same powers as are vested in a civil court

under the Code of Civil Procedure, 1908, when trying a suit, in respect

of the following matters, namely: —

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of documents;

rogatories as may, in the opinion of the Tribunal, be necessary;

(d) such other matters as may be prescribed by rules made in

that behalf.

(4) The Tribunal shall be deemed to be a civil court within the

meaning of section 480 of the

Code of Criminal Procedure; 1898,

and any proceeding before the Tribunal shall be deemed to be a judicial

proceeding within the meaning of sections 193 and 228 of the Indian

Penal Code.

(5) The Civil Judicial Officer appointed as Tribunal shall be paid such

remuneration as the State Government may by general or special order

determine.

(6) The expenses of the Tribunal, including the remuneration pay-

able to the Civil Judicial Officer appointed as such and to its saff, shall be

paid out of the fund of the Authority.

(7) The decision of the Tribunal shall be final and shall not be ques-

tioned in any court.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

457

38. (1) The betterment charge levied under this Act shall be pay-

able in such number of instalments, and each instalment shall be payable

at such time and in such manner, as may be fixed by bye-laws made

in that behalf.

(2) Any arrear of betterment charge shall be recoverable as an arrear

of land revenue, and no suit shall lie in the civil court for recovery of

such arrear.

39. (1) The duty imposed by the Indian Stamp Act, 1899, on any deed

of transfer of immovable property shall, in the case of an immovable

property situated within a development area, be increased by two per

cent, on the amount or value of the consideration with reference to which

the duty is calculated under the said Act:

Provided that the State Government may, by

notification in

the

Gazette, enhance, the aforementioned percentage of the

increase in

stamp duty up to five.

(2) All collections resulting from the said increase shall, after deduc-

tion of incidental expenses, if any, be allocated and paid by the State

Government, in

its discretion,

either to the Development

Authority

alone or to the Development

Authority,

the

Uttar

Pradesh

Avas

Evam Vikas Parishad and the Nagar Mahapalika or

the

Municipal

Board, as the case may be, in such proportion as may from time to time

be determined, in such manner and in accordance with such principles

as the State Government may by notification in the Gazette specify.

(3) For purposes of this section, section 27 of the Indian Stamp Act,

1899, shall be read as if it specifically required the particulars referred

to therein to be separately set forth in respect of property within the

development area and property situated outside such area.

(4) For the purposes of this section, section 64 of the Indian Stamp

Act, 1899, shall be so read and construed as if it referred to the Deve-

lopment Authority as well as to the State Government.

(5) The provisions of clause (g) of sub-section (2) of section 172

and section 191 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959

and of clause (xiii-B) of section 128 and

section

128-A of the U.P.

Municipalities Act, 1916 and section 62 of the Uttar

Pradesh

Avas

Evam Vikas Parishad Adhiniyam, 1965 shall, to the extent of any re-

pugnancy with the provisions of this section, cease to have effect, and

the provisions of this section shall prevail.

(6) The provisions of sections 6, 8 and 24 of the United Provinces

General Clauses Act, 1904, shall apply in relation to such cesser as they

apply in relation to repeal and re-enactment.

40. Any money certified by the Authority as due to it on account of

fees or charges, or from the disposal of lands, buildings or other pro-

perties, movable or immovable, or by way of rents and profits may, if

the recovery thereof is not expressly provided for in any other provision

of this Act, be recovered by the Authority as arrears of land revenue,

and no suit shall lie in the civil court for recovery of such money.

Payment

betterment

charge.

Additional

stamp duty

on certain

transfers

of pro-

perty.

Mode of

recovery

of moneys

due to

Authority.

458

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

Control by

State

Govern-

ment.

Returns

and inspec-

tions.

Service oi

notices,

etc.

41. (1) The Authority shall carry out such

directions as may be

issued to it from time to time by the State Government for the efficient

administration of this Act.

(2) If in, or in connection with, the exercise of its powers and dis-

charge of its functions by the Authority under this Act any dispute

arises between the Authority and the State Government the decision of

the State Government on such dispute shall be final.

(3) The State Government may,- at any time,

either on its ow»

motion or on application made to it in this behalf, call for the records

of any case disposed of or order passed by the Authority for the pur-

pose of satisfying itself as to the legality or propriety of any order passed

or direction issued and may pass such order or issue such direction in

relation thereto as it may think flt:

Provided that the State Government shall not pass an order prejudicial

to any person without affording such person a reasonable opportunity

of being heard.

42. (1) The Authority shall furnish to the State Government

such

reports, returns and other information as that

Government may from

time to time require.

(2) Without prejudice to the provisions of sub-section (1), the State

Government or any officer authorised by the

State

Government

that behalf, may call for reports, returns and other information from

the Authority or the local authority concerned in regard to the imple-

mentation of the master plan.

(3) Any person authorised by the State Government or the officer

referred to in sub-section (2) may enter into or upon any land with or

without assistants or workmen for ascertaining whether the provisions

of the master plan are being or have been implemented, or whether the

development is being or has been carried out in accordance with such

plan.

(4) No such entry shall be made except between the hours of sunrise

and sunset and without giving reasonable notice to the occupier, or if

there be no occupier, to the owner of the land or building.

43. (I) All notices, orders and other documents required by this Act

or any rule or regulation made thereunder to be served upon any person

shall save as otherwise provided in this Act or such rule or regulation be

deemed to be duly served—

(a) where the person to be served is a company, if the docu-

ment is addressed to the secretary of the company at its registered

office or at its principal office or place of business and is either—

(i) sent by registered post, or

(ii) delivered at the registered office or at the

principal

office or place of business of the- company;

(b) where the person to be served is a firm, if the document is

addressed to the firm at its principal place of business, identifying

it by the name or style under which its business is carried on, and

is either—

(i) sent by registered post, or

(ii) delivered at the said place of business;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

459

poration or society or other body, if the document is addressed to

the secretary, treasurer or other chief officer of that body, corpora-

tion or society at its principal office, and is either—

(i) sent by registered post, or

(«) delivered at that office;

(d) in any other case, if the document is addressed to the person

to be served and—

(i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on

some

conspicuous part of his last known place of residence or busi-

ness, if with'n the development area or Is given or tendered to

scniD adult member of h'm family oi- is affixed on some conspi-

cuous part of the land or building to which it relates, or

(m) is sent by registered post to that person.

(2) Any document which is required or authorised to be served

the owner or occupier of any land or building may be addressed "the

owner" or "the occupier", as the case may be, of that land or building

(naming that land or building) without further name or description,

and shall be deemed to be duly served—

(a) if the document so addressed is sent or delivered in accord-

ance with clause (d) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed,

is delivered to some person on the land or building or, where there

is no person on the land or building to whom it can be delivered,

is affixed to some conspicuous part of the land or building.

(3) Where a document is served on a firm in accordance with clause

(b) of sub-se?tion (1), UK^J document shall be deemed to be served on

each partner of .that firm.

(4) For the purpose cf enabling any document to be served on the^r

owner of any property the secretary to the Authority may by notice in

writing require the 0 •' upier ('f any) of the property to state the name'

and address of the 0¹ -, ^ 'hereof.

(5) Where the r

-'^

f m whom a document is to be served is a

minor, the service u* : ..Ls guardian or any adult member of his family

be deemed to be ser¹

jper; the minor.

(6) A servant is :¹ i mtmber of the family within the meaning of

this section.

44. Every public ••>'* e [,'iven under this Act shall be in

writing

over the signature o^r ;

' crrctary to the Authority and shall be widely

madg known in th*" ' > tlity

to be

affected

thereby affixing copies

thereof in conspicuo',

:\;blk: places within the said

locality,

publishing the same i \ beat of drum or by advertisement in a news-

paper having circuit

• • in the locality or by any two or more of these

means, and by any r*M-r mrans that the secretary may think fit.

Public

notice

how to be

made

known.

460

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Notices,

etc., to fix

reason-

able time,

Authenti-

cation of

orders and

documents

Authority.

Members

and

officers

to be

public

servants.

Jurisdic-

tion of

fcoturts.

Ttanctlon

Vt prose-

ution.

protection

of acfrov!

takeu in

•sd faith.

^>wer to

legate.

Savings.

45. Where any notice, order or other document issued or made under

this Act or any rule or regulation made thereunder requires anything

to be done for the doing of which no time is fixed in this Act or the rule

or regulation, the notice, order or other document

shall

specify

reasonable time for doing the same,

46. All permissions, orders, decisions, notices and other documents

of the Authority shall be authenticated by the signature of the secretary

to the Authority or any other officer authorised by the Authority in

that behalf.

47. Every member and every officer and other

employee

of the

Authority shall be deemed to be a public servant within the meaning

of section 21 of the Indian Penal Code,

48. No court inferior to that of a magistrate oi me nrs-c ciass shall

try an offence punishable under this Act.

49. No prosecution for any offence punishable under this Act shall

be instituted except with the previous sanction of the Vice-Chairman

of the Authority or any officer authorised by him in that behalf.

50. No suit, prosecution or other legal proceeding shall lie against any

person for anything which is in good faith done or intended to be done

under this Act or any rule or regulation made thereunder.

51. (1) The State Government may by general or special order, direct

that any power exercisable by it under this Act except the power to

make rules, may also be exercised by such officer in such cases and sub-

ject to such conditions, if any, as may, be specified therein.

(2) The Authority may, by general or special order, direct that any

power exercisable by it under this Act except the power to make regu-

lations or bye-laws, may also be exercised by such officer or local autho-

rity, in such cases and subject to such conditions, if any, as may be

specified therein.

(3) The Vice-CIhairman of the Authority may, by general or special

order, direct that any power exercisable by him under this Act

may

also be exercised by such other officer of the Authority in such cases

and subject to such conditions, if any, as may be specified therein.

52. Nothing in this Act shall apply to—

(a) the carrying out of works for the maintenance,

improve-

ment or other alterations of any building, being works which affect

only the interior of the building or which do not materially affect

the external appearance of the building;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

461

(b) the carrying out by any local authority or by any depart

ment of Government of any works for the purpose of inspecting,

repairing or renewing any drains, sewers, mains, pipes, cables or

other apparatus including the breaking open of any street or othej

land for that purpose;

ment and new construction) by or on behalf of a department of the

Central Government;

(d) the erection of a building, not being a dwelling house, if

such building is required for the purposes subservient to agricul-

ture;

the

ordinary

course of agricultural operations; and

(f) the construction of unmetalled road intended to give access

to land solely for agricultural purposes,

53. Notwithstanding anything contained in this Act, the State Gov-

ernment may by notification in the Gazette exempt, subject to such

conditions and restrictions, if any, as may be specified In such notification

any land or building or class of lands or buildings from all or any of the

provisions of this Act or rules or regulations made thereunder.

54. (1) Where any land situated in a development area is required by

the master plan or a zonal development plan to be kept as an open

space or unbuilt upon or is designated in any such plan as subject to

compulsory acquisition, then, if at the expiration of ten years from the

date of coming into operation of the plan under section 12 or where such

land has been so required or designated by any amendment of such plan,

from the date of coming into operation of such amendment, under sub-

section (4) of section 13, the land is not compulsorily acquired the owner

of the land may serve on the State Government a notice requiring his

interest in the land to be so acquired.

(2) If the State Government fails to acquire such land within a

period of six months from the date of receipt of the notice, the master

plan or, as the case may be, the zonal

development plan shall have

effect, after the expiration of the said six months, as if that land were

not required to be kept as an open space or unbuilt upon or were not

designated as subject to compulsory acquisition.

55. (1) The State Government may, by notification in the Gazette,

make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to¹ the generality of the fore-

going power, such rules may provide for all or any of the following

matters, namely:—

(a) the fee to be paid on an application for permission under

sub-section (1) of section 15 and the factors and circumstances to be

taken into consideration in determining such fee;

(b) the procedure to be followed by the Tribunal in the deter-

mination of betterment charge, and the powers that it shall have

for that purpose;

Exemp-

tion.

Plans to

stand

modified in

certain

cases.

Power to

mako

rules.

462

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

Power

to make

regula-

tions.

Power to

make

bye-law.

rules.

(3) All rules made under this Act shall, as soon as may be after

they are made, be laid before each House of the State Legislature, while

it is in session, for a total period of not less than thirty days, extending

in its one session or more than one successive session, and shall, unless

some later date is appointed, take effect from the date of their publi-

cation in the Gazette subject to such modifications or annulments as the

two Houses of the Legislature may, during the said period, agree to

make, so however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done there-

under.

5fi. (1) An Authority may, with the previous approval of the State

Government, make regulations, not inconsistent with this Act and the

rules made thereunder, for the administration of the affairs of the

Authority.

(2) In particular, and without prejudice to the generality of the fore-

going power> such regulations may provide for all or any of the fol-

lowing matters, namely:—

(a) the summoning and holding of meetings of the Authority,

the time and place where such meetings are to be held, the conduct

of business at such meetings and the number of members necessary

to form a quorum thereat;

(b) the powers and duties of the Secretary and Chief Accounts

Officer of the Authority;

service of

the

Secretary, Chief Accounts Officer and other officers and employees;

(d) the procedure for carrying out the functions of the Authority

under Chapters III and IV;

(e) the form of register of application for permission and the

particulars to be contained in such register;

(f) the management of the properties of the Authority.

(3) Until an Authority is established for an area under this Act any

regulation which may be made under sub-section (1) may be made by

the State Government, and any regulation so made may be altered or

rescinded by the Authority concerned in exercise of its powers under

sub-section (1).

57. The Authority may, with the previous approval of the State Gov-

ernment, make bye-laws consistent with, this Act and the rules made

thereunder, for carrying out the purposes of this Act in respect of any

matter affecting the general public, and without prejudice to the genera-

lity of this power, such bye-laws may provide for—

(a) the form in which any application for permission

under

sub-section (1) of section 15 shall be made and the particulars to

be furnished in such application;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

463

(b) the terms and conditions referred to in section 16, subject to

which the user of lands and buildings in contravention of plans

may be continued;

betterment

charge

under section 38.

58. (1) Where the State Government is satisfied that the purposes for

which the Authority was established under this Act have been substan-

tially achieved so as to render the continued existence of the Authority

in the opinion of the State Government unnecessary, that Government

may by notification in the Gazette declare that the Authority shall be

dissolved with effect from such date as may be specified in the noti-

fication; and the Authority shall be deemed to be dissolved accordingly.

(2) From the said date—

(a) all properties, funds and dues which are vested in, or

realisable by, the Authority shall vest in, or be realisable by,

the

State Government;

(b) all nazul lands placed at the disposal of the Authority shall

revert to the State Government;

shall be enforceable against the State Government; and

(d) for the purpose of carrying out any development which has

not been fully carried out by the Authority and for the purpose of

realising properties, funds and dues referred to in clause (a) the

functions of the Authority shall be discharged by the State Gov-

ernment.

59. (1) (a-) The operation of clause (c) of section 5, sections 54, 55

and 56, clause (xxxiii) of section 114,

sub-section (3) of section 117,

clause (c) of sub-section (1) of section 119, section 191, sections 316, 317,

318, 319,320, 321, 322, 323, 324, 325, 326, 32,7, 328, 329 and 333, clauses (a) and

(b) of sub-section (1) of section 334, sections 335, 336, Chapter XIV

of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, sections 178,

179, 180, 180-A, 181, 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209,

210 and 222 of the United Provinces Municipalities Act, 1916 (or the

said sections as extended under section 338 thereof or under section 38

of the United Provinces Town Areas Act, 1914), or as the case may be,

of sections 162 to 171 of the Uttar Pradesh Kshettra Samitis and Zila

Parishads Adhiniyam, 1961 and of the Uttar Pradesh

(Regulation of

Building Operations) Act, 1958 and the Uttar Pradesh Avas Evam Vikas

Parishad Adhiniyam, 1965, (except in relation to such housing or im-

provement schemes the execution of which had

commenced

before

June 12, 1973, as may be specified by the State Government by notifica-

tion in this behalf

in the

Gazette hereafter

this section re-

ferred as "continuing Avas Parishad schemes") shall in. respect of a

development area remain suspended, and sub-section (3) of section 139

of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 shall have

effect as if the requirement as to constitution of a Development Fund

were suspended with effect from the date of constitution of the Autho-

rity for that area and until the dissolution of such Authority, and the

provisions of section 6 of the United Provinces General Clauses Act

Dissolution

Authority,

Repeal,

etc, and

savings.

464

tftitt

(JAZE1"TE OF INDIA EXTRAORDINARY

iiW ii-

1904 shall apply in relation to such suspension as if the

suspension

amounted to repeal of the said enactments by this Act, and in particular,

all proceedings relating to acquisition of land and interest in land for

improvement schemes under the said enactments pending immediately

before such suspension before any court, tribunal or authority may be

continued and concluded in accordance with the provisions of the said

enactments (which shall mutatis mutandis apply) as if those provisions

were not suspended.

(b) The operation of the provisions suspended by virtue of clause

(a) shall revive upon the dissolution of the Authority under section 58,

and the provisions of section 6 of the United Provinces General Clauses

Act, 1904 shall apply in relation to the cesser of application of the cor-

responding provisions of this Act as if such cesser amounted to a repeal

of these provisions of this Act by an Uttar Pradesh Act.

(2) Where any area for which an Improvement Trust

constituted

under the United Provinces Town Improvement Act, 1919 is in existence

is declared to be a development area under section 3, the said Act as

well as the Uttar Pradesh Local Bodies (Appointment of Administrator)

Act, 1961, if applicable, shall, in relation to such area, stand repealed

as from the date of the constitution of the Development Authority for

that area, and the Improvement Trust shall as from that date stand

dissolved.

(3) On and from the date of the constitution of a Development

Authority in relation to a development area which includes the whole

of a city as denned in the Uttar Pradesh Nagar Mahapalika Adhihiyam,

1959, every officer and other employee [not being a member of any of the

services constituted under the Uttar

Pradesh Palika

(Centralised)

Services Rules, 1966, hereinafter in this section referred to as the cen-

tralised services] serving under the Nagar Mahapalika

of that city

exclusively in connection with its activities under Chapter XIX of the

said Adhiniyam immediately before the date of the constitution of the

Development Authority, shall on and from such date be transferred to

and become an officer and other employee of the Development Autho-

rity with such designations as the Authority may determine and shall

hold office by the same tenure, at the same remuneration and on the

same terms and conditions of service as he would have held the

same if the Authority had not been constituted, and shall continue to

do so unless and until such tenure, remuneration and terms and con-

ditions are duly altered by the Authority:

Provided that any service rendered under the Nagar Mahapalika by

any such officer or other employee before the constitution of the Autho-

rity shall be deemed to be service rendered under the Authority:

Provided further that the Authority may employ any such officer or

other employee in the discharge of such functions under this Act as it

may think proper, and every such officer or other employee shall dis-

charge those functions accordingly.

(4) On and from the date of the constitution of a Development Authority

in relation to a development area which includes the whole of a city as

denned in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, every

member of centralised service serving under the Nagar Mahapalika of that

SEC. 1]

THE GAZETTE Oi' INDIA EXTRAORDINARY

jfic

city exclusively in connection with its activities under Chapter XIV of the

said Adhiniyam immediately before the date of constitution of the De-

velopment Authority, shall on and from such date be transferred to the

Development Authority with such designations as the State Govern-

ment may determine and shall in all the respects continue to be mem-

ber of such centralised service and be subject to the same terms

and conditions of service (including the condition of transferability) as

he would have held the same if his services had not been so transferred

to the Authority.

(5) Every officer and other employee serving under an Improvement

Trust referred to in sub-section (2) immediately before the date of the

constitution of the Development Authority shall, on and from such date,

be transferred to and become an officer or other employee of the Deve-

lopment Authority with such designations as the Authority may deter-

mine and shall hold office by the same tenure, at the same remuneration

and on the same terms and conditions of service as he would have

held the same if the Authority had not been constituted, and shall con-

tinue to do so unless and until such tenure, remuneration and terms

and conditions are duly altered by the Authority;

Provided that any service rendered under the Trust by any such

officer or other employee before the constitution of the Authority shall

be deemed to be service rendered under the Authority:

Provided further that the Authority may employ any such officer or

other employee in the discharge of such functions under this Act as it

may think proper; and every such officer or other employee shall dis-

charge those functions accordingly.

(6) Notwithstanding the provisions of sub-sections (1) and (2),—

(a) any thing done or any action taken (including any notifica-

tion issued or order or scheme made or permission granted) under

any of the enactments referred to in sub-sections (1) and (2) shall,

so far as it is not inconsistent with the provisions of this Act con-

tinue in force and be deemed to have been done or taken under the

provisions of this Act unless and until it is superseded by any thing

done or any action taken under the provisions of this Act;

(b) all debts, obligations and liabilities incurred, all contracts

entered into and all matters and things engaged to be done by, with

or for any local authority constituted under any enactment referred

to in sub-sections (1) and (2) in relation exclusively

to the per-

formance of functions assigned to the Development Authority by

this Act shall be deemed to have been incurred, entered into or

engaged to be done by, with or for the Development Authority con-

cerned;

provement Trust referred to in sub-section (2), shall vest in the

Development Authority concerned, and all properties movable and

immovable, vested in any other local authority referred to in sub-

section (1) in relation exclusively to the performance of functions

assigned to the Development Authority by this Act shall vest in the

Development Authority concerned;

466

THE GAZETTE OF' INDIA EXTRAORDINARY

[PART I I -

(d) all rents, fees and other sums of money due to an Improve-

ment Trust referred to in sub-section (2) or m relation exclusively

to the performance of functions assigned to the 'Development Autho-

rity by this Act shall be deemed to be due to the Development

Authority concerned;

(e) all suits, prosecutions and other legal proceedings instituted

or which, might have been instituted by, for or against the local

authority referred to in sub-section (1) or sub-section (2) in relation

to the performance of functions

assigned to the

Development

Authority by this Act may be continued or instituted by, for or

against the Development Authority.

Eoaplanation.—For the purposes of this sub-section, the Development

Fund referred to in sub-section (3) of section 139 of the Uttar Pradesh

Nagar Mahapalika Adhiniyam, 1959, and all properties created out

of that fund, and all debts, obligations and liabilities incurred, all con-

tracts entered into and all matters and things engaged to be done by,

with or for the Mahapalika in relation to such properties or in relation

to the functions specified in Chapter XIV of the said Adhiniyam, shall

be deemed to relate to the performance of functions assigned to the

Development Authority by this Act and clauses (a), (5), (c), (d) and

(7) If any dispute arises between any Local Authority or a Develop-

ment Authority whether for purposes of clauses (b), (c) and (d) of

sub-section (6) any debt, obligation or liability was incurred or any con-

tract was entered into or anything was engaged to be done by, with or

for any local authority, or any property vested in any local authority, or

any rant, fee or other sum was due to any local authority, in relation

exclusively to the performance of functions assigned by this Act to the

Development Authority it shall be referred to the State Government

whose decision shall be final and shall not be questioned in any court.

(8) If any question arises whether for the purpose of sub-section (3)

any officer or other employee of the Nagar Mahapalika concerned was

immediately before the date of constitution of the Development Authority

employed exclusively in connection with the performance of functions

under Chapter XIV of the Uttar Pradesh Nagar Mahapalika Adhiniyam,

1959, in the area for which the Development Authority is constituted it

shall be referred to the State Government, whose decision shall be final

and shall not be questioned in any court.

(9) Nothing in sub-sections (3) and (5) shall apply to an officer or

other employee of a Nagar Mahapalika or an Improvement Trust, as the

case may be, who within one month from the date of the constitution of

the Development Authority concerned intimates the Mahapalika or

Trust of his option not to become an employee of the Development

Authority, and on receipt of such intimation by that body, his employment

thereunder shall stand immediately determined, and his post under that

body shall stand abolished, and he shall be entitled to receive from that

body compensation—

(a) if he was employed immediately before the date of the cons-

titution of the Development Authority in a permanent capacity,

equivalent to three month's salary;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

467

U.P. Ordi-

nance

7 of 1973.

(b) if he was employed immediately before the date of the cons-

titution of the Development

Authority in a temporary

capacity,

equivalent to one month's salary.

Explanation.—In this sub-section

the expression

"salary" includes

Dearness Allowance, Special Pay or any other, like periodical allowance

or pay.

(20) Notwithstanding anything contained in the U.P. Industrial Dis-

putes Act, 1947 or In any other law for the time being in force, the trans-

fer of services of any officer or the employee to the

Development

Authority under sub-section (3) or sub-section (5) shall not entitle him

to any compensation under that Act or such other law, and no such claim

shall be entertained by any court, tribunal or authority.

(11) Notwithstanding anything contained in sub-sections (3) and (5)

no appointment made

or promotion, increment

salary,

pension,

allowance or any other benefit granted to any pension after the com-

mencement of this Act and before the date of constitution of the Deve-

lopment Authority which in the opinion of the Development Authority

would not ordinarily have been made or granted or would not ordinarily

have been admissible under the terms and conditions of service in force

prior to the commencement of this Act shall have effect or be payable or

claimable from the Development Authority or from

any

Provident,

Pension or other fund or from any authority

administering the fund

unless the State Government has, by general or special order, confirmed

the appointment, promotion or increment or.has directed the continued

grant of the pension, allowance or other benefit, as the case may be.

(12) For the persons who immediately before the date of constitution

of the Development Authority were trustees of any pension, provident,

gratuity or other like fund constituted for the officers and other em-

ployees referred to in sub-section (3) or sub-section (5), other

than

trustees nominated by or under any law, there shall be substituted as

trustees such persons as the State Government may by general or special

order specify.

(13) For the purposes of clauses (b), (ic), (d) and (e) of sub-section

(G) all the functions of a Nagar Mahapalika under Chapter XIV of the

Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 and all the functions

of the Uttar Pradesh Avas Evam Vikas Parishad under the Uttar Pradesh

Avas Evam Vikas Parishad Adhiniyam, 1965, other than those related to

any continuing Avas Parishad schemes shall be deemed to be functions

assigned to the Development Authority by this Act.

60. (1) The Uttar

Pradesh Urban

Planning

and

Development

Ordinance, 1973, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance shall be deemed to have been done or taken

under this Act, as if this Act had commenced on the 12th day of June,

1973.

V. V. GIRI,

President.

K. K. SUNDARAM,

Secy to the Govt, of India,

Repeal

and

savings.

468

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 1]

Reasons for the enactment

The Governor of Uttar Pradesh promulgated on June 12, 1973, the

Uttar Pradesh Urban Planning and Development Ordinance, 1973, which

reproduced the provisions of the Uttar Pradesh Urban Planning and

Development Bill, 1973, as passed by the U. P. Legislative Council. The

reasons for this enactment are given below.

2. In the developing areas of the State of Uttar Pradesh the problems.

of town planning and urban development need to be tackled resolutely.

The existing local bodies and other authorities in spite of their best

efforts have not been able to cope with these problems to the desired

extent, In order to bring about improvement in this situation, the State

Government considered it advisable that in such developing areas, Deve-

lopment Authorities patterned on the Delhi Development Authority be

established. As the State Government was of the view that the urban

development and planning work in the State had already been delayed

it was felt necessary to provide for early establishment

of such

Authorities.

3. The present measure seeks to replace the aforesaid Ordinance by a

President's Act.

4. The Committee constituted under the proviso to sub-section (2) of

section 3 of the Uttar Pradesh State Legislature (Delegation of Powers)

Act, 1973 (33 of 1973) has been consulted before the enactment of this

measure as a President's Act.

A. N. KIDWAI,

Secy, to the Govt, of India,

Ministry of Works and Housing.

PRINTED BY THE MANAQER. GOVERNMENT OF INDIA MESS. MINTO ROAD, NEW

DELHI AHP pVBUSmCD By THE CONTROLLER OF PUBLICATJONS, DELHI,

1073