1. Short title and extent -

[(1) This Act may be called the Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.]

3 (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.

1. Enacted by the President of September 2, 1973 and published in the U.P. Gazette, Ext

2. Subs. by U.P. Act No. 30 of 1974.

3. Subs. by section 2 of Uttarakhand Act No. 25 of 2013.

2. Definitions -

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 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;

(c) “building operation” includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;

(d) [“bye-law” means a bye-law made under this Act by Uttarakhand Housing and Urban Development Authority (hereinafter referred to as the State Authority) or the Local Development Authority with the previous approval of the State Government;] 4

[(dd) ‘Chairman’ and ‘Vice-Chairman’ means the Chairman and the Vice Chairman respectively of the Development Authority;] 5

[(ddd) “City development charge” means the charge levied on a private developer under section 38-A for the development of land;]6

(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 redevelopment;

(f) “development area” means any area declared to be a development area under section 3;

(g) [the Development Authority or the Authority” in relation to the whole of the State Area shall be 'The Uttarakhand Housing and Urban Development Authority' (hereinafter referred to as the State Authority) and in relation to any development area shall be the Local Development Authority (hereinafter referred to as the Local Authority) constituted and notified under section 4 of the Act :

Provided wherever in this Act the word “Authority” appears, it shall be construed as the Local Authority until and unless expressly provided as the State Authority :

Provided further that the Urban Local Bodies and Village Panchayats will also be construed as Local Development Authority/ Local Authority under this Act if so declared by the State Government by issuing Notification under sub-section (1-A) of section 4 of this Act defining the extent of their development area(s). Concerned Officer/ person of such Urban Local Bodies and Village Panchayats shall excercise powers as determined by the State Government by the Gazette Notification under sub-section (1-A) of section 4 of this Act.]2

[(gg) “Development Authorities Centralized Service” means a Centralized service created under section 5-A;]1

[(ggg) “development fee” means the fee levied upon a person or body under section 15 for construction of road, drain, sewer line, electric supply and water supply lines in the development area by the Local Development Authority;]3

[(gggg)“Development Plan” means the Master Plan or Zonal Development Plan approved and published by the State Government under section 12 of the Act;

(ggggg) ‘Chief Town and Country Planner’ means the Head of the Town and Country Planning Department of the State Government;]4

(h) “engineering operations” includes the formation or laying out means of access to a road or the laying out of means the water supply;

[(hh) “land use conversion charge” means the charge levied on a person or a body under section 38 –A for the change of land use in the Master Plan or the Zonal Development Plan;

(hhh) 'license fee' means the fee levied on a private developer under section 39-B seeking license for assembly and development of land within the development area;] 5

(i) “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers and includes a road; 

[(ii) “mutation charges” means the charges levied under section 15 upon the person seeking mutation in his name of a property allotted by the Authority to another person;]1

[(iii) “private developer” means an individual, company or association, body of individuals whether incorporated or not, owning or assembling or agreeing to own or assemble, whether by purchase or otherwise, land for development and to whom a license has been granted under section 39-B of this Act;] 4

(j) [regulation” means a regulation made under this Act by the State Authority or the Local Development Authority with the prior approval of the State Government;]5

(k) [“rules” means a rule made under this Act by the State Government or the State Authority;]6

[(kk) “stacking fees” means the fees levied under section 15 upon the person or body who keeps building materials on the land of the Authority or on a public street or public place;]2

(l) “to erect a building”, with its grammatical variations includes :-

(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

(c) of two or more places of human habitation, into a greater number of such places;

(iii) such alterations of a building as effect an alteration of its drainage or sanitary arrangements or materially affect its security;

(iv) the addition of any rooms, buildings, houses or other structure to any building; and

(v) the construction, in a wall adjoining any street or land not belonging to the owner of the wall of a door opening on to such street or land;

[(ll) “water fees” means the fees levied under section 15 upon a person or body for using water supplied by the Authority for building operation or construction of buildings;]3

(m) “zone” means any one of the division in which a development area may be divided for the purposes of development under this Act;

(n) the expression “land” has the meaning assigned to it in section 3 of the Land Acquisition Act, 1894. 

4. Subs. by section 3 (a) ibid.

5. Subs. by section 3 (b) ibid.

6. Ins. by section 3 (c) ibid.

1. Subs. section 2 by U.P. Act No. 21 of 1985.

2. Subs. by section 3(d) of Uttarakhand Act No. 25 of 2013.

3. Subs. by section 3 (e) ibid.

4. Ins. by section 3(f) ibid.

5. Ins. by section 3 (g) ibid.

1. Ins. by section 2 (b) of U.P. Act No. 3 of 1997.

2. Ins. by section 2 (c) ibid.

3. Ins. by section 2 (d) ibid.

4. Ins. by section 3 (h) of Uttarakhand Act No. 25 of 2013.

5. Subs. by section 3 (i) ibid.

6. Subs. by section 3 (j) ibid.