25. Power of entry -

The Vice-Chairman of the Authority may authorize 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;

(c) digging or boring into the sub-soil;

(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 developed in contravention of the master plan or zonal development plan or without the permission referred to in section 14 or in contravention of any condition subject to which such permission has been granted; or

(g) doing any other thing necessary for the efficient administration 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 enables woman, if any to withdraw from such land or building;

(iii) due regard shall always be had, so far as may be compatible with 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. Penalties 

(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 contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable with fine which may extend to [fifty thousand rupees]1 and in the case of a continuing offence, with further fine which may extend to [two thousand five hundred rupees]1 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 conditions prescribed by regulations under the proviso to that section shall be punishable with fine which may extend to [twenty five thousand rupees]2 and in the case of a continuing offence, with further fine which may extend to [one thousand two hundred and fifty rupees]2 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 person authorized 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.

1. Subs. by section 6 (a) of U.P. Act No. 3 of 1997.

2. Subs. by section 6 (b) ibid.

26-A. [Encroachment or obstruction on public land -

(1) Whoever makes any encroachment on any land not being private property, whether such land belongs to or vests in the authority or not in a development area, except steps over drain in any public street shall be punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees.

(2) Any offence punishable under sub-section (1) shall be cognizable.

(3) Whoever by placing or depositing building material or any other thing whatsoever or otherwise makes any obstruction in any street or land not being private property, whether such street or land belongs to or vests in the Authority or not in a development area, except steps over drain in any public street or placing of building material during such period as may be permitted on payment of stacking fees on a public street or public place shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to two thousand rupees or with both.

(4) If there are grounds to believe that a persons has made any encroachment or obstruction on a land in development area which is not a private property the Authority or an officer authorized by it in this behalf may serve upon the person making encroachment or obstruction, a notice requiring him to obstruction within such period not being less than fifteen days as may be specified in the notice and after considering the cause, if any, shown by such person may order removal of such encroachment or obstruction for reasons to be recoded in writing :

Provided that any encroachment made on public land by a person belonging to weaker section on or before the date of commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 shall not be removed until alternative land or accommodation is offered to rehabilitate him in such manner and on such terms and conditions as may be prescribed.

Explanation--

For the purposes of this section, the expression—

(1) ‘a person belonging to weaker section’ means a person--

(a) whose family on the date of commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 does not hold any immovable property in any city as defined in the Uttar Pradesh Municipal Corporation Act, 1959 or any Municipal Area as defined in the Uttar Pradesh Municipalities Act, 1916; and

(b) whose principal sources of livelihood is manual labour, including the practice of any craft, either by himself or by the members of his family and includes a rickshaw-puller or scavenger, but does not include a person who has been assessed to income tax under the Income Tax Act, 1961 or trade tax under the Uttar Pradesh Trade Tax Act, 1948 or Sales Tax under the Central Sales Tax Act, 1956;

(2) ‘family’ in relation to a person belonging to weaker section, means the husband or wife, as the case may be and unmarried minor children either or both of them.

(5) Notwithstanding anything contained in the foregoing provisions the Authority or the officer authorized by it in this behalf shall in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land referred to in this section or as the case may be, attached to such land or permanently fastened to anything attached to such land.

(6) Where any property is seized or attached by an officer authorized by the Authority he shall immediately made in a report of such seizure or attachment to the Authority.

(7) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of decay or it is otherwise expedient so to do the Authority may order it to be sold or otherwise disposed off.

(8) Where any property is sold as aforesaid, the sale proceeds after deducting the expenses, if any of such sale and other incidental expenses relating thereto, shall—

(a) where no order of confiscation is ultimately passed by the Authority; or

(b) where an order in appeal so requires, be paid to the owner thereof or the person from whom it is seized or attached.

(9) Where any property is seized or attached under sub-section (5), the Authority may order confiscation of such property.

(10) No order for confiscation of any property shall be made under sub-section (9) unless the owner of such property or the person from whom it is seized or attached is given—

(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;

(b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and

(c) a reasonable opportunity of being heard in the matter.

(11) Any order of confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby may be liable under the Act.

(12) Any person aggrieved by an order made under sub-section (9) may within one month from the date of the communication to him of such order appeal against it to the District Judge.

(13) On such appeal, the District Judge may after giving an opportunity to the appellant and the respondent of being heard, pass such order as he may think fit confirming modifying or setting aside the order appealed against and pending appeal may stay the operation of such order on such terms, if any as he thinks fit.

26-B. [Claim for compensation for removal under section 26-A -

(1) Any person aggrieved by the removal of obstruction or encroachment under sub-section (4) of section 26-A may within thirty days from the date of such removal prefer a claim for compensation or restitution or both before the Tribunal against either the Authority or the officer ordering the removal or against both and for making such officer personally liable for the loss caused to him due to such removal.

(2) The District Judge having territorial jurisdiction over the area in which the removal of encroachment or obstruction as provided in sub-section (4) of section 26-A has taken place shall be the Tribunal for the purposes of this section.

(3) Every order of the Tribunal for payment of any compensation or for the restitution of any immovable property shall be deemed to be a decree of the Civil Court and shall be executable as such :

Provided that if the Tribunal awards any compensation against any officer personally, it shall be the duty of the Authority to realize the amount from the salary or other dues of the officer concerned and to pay it to the claimant.

(4) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of section 193 and 228 of the Indian Penal Code.

(5) The Tribunal shall for the purpose of deciding a claim under this section have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while 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) receiving evidence on affidavits;

(c) inspecting any immovable property or its locality or issuing commission for the examination of witnesses or documents of local investigation;

(d) requiring the discovery and production of documents;

(e) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith;

(f) any other matter which may be prescribed.

(6) The decision of the Tribunal shall be final.

26-C . [Authority may, without notice, remove anything erected or deposited in contravention of Act -

The Authority or an officer authorized by it in this behalf may, without notice cause to be removed—

(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature of any fixture which shall be erected or set up in or upon or over any street or upon or ever any open channel, drain, well or tank contrary to the provisions of this Act;

(b) any stall, chair, bench, box, ladder, bale, board or shelf or any other thing whatever placed, deposited, projected, attached or suspended in upon from or to any place in contravention of this Act.

26-D. [Penalty for not preventing encroachment -

Whoever specially entrusted with the duty to stop or prevent the encroachment or obstruction under this Act or any other Act, rules or byelaws willfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both.]1

1. Subs. by section 7 of U.P. Act No. 3 of 1997.

27. Order of demolition of building-

(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 relation to there development area, then, without prejudice to the provisions of section 26 [the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 5 or any officer of the Authority empowered by him in that behalf]1 may make an order directing that such development shall be removed by demolition, felling or otherwise by the owner thereof or by the person at whose instance the development has been commenced 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 [the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 5 or such officer]2 may remove or cause to be removed the development and the expenses of such removal as certified by [the [the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 5 or such officer]2 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 [Chairman]3 against that order within thirty days from the date thereof and the [Chairman]3 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 [Chairman]3 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 [Chairman]3 on the appeal and subject only to such decision, the order under sub-section (1) shall be final and shall not be questioned in any court.

(5) The provisions of this section shall be in addition to not in derogation of any other provisions relating to demolition of building contained in any other law for the time being in force.

Explanation-- [***]

1. Subs. by section 8 (a) (1) of U.P. Act No. 13 of 1975.

2. Subs. by section 8 (a)(2) ibid.

3. Subs. by section 8(b) ibid.

4. Omitted by section 8 (c) ibid.

5. Substituted by section 25 of Uttarakhand Act No. 25 of 2013.

28. Power to stop development -

(1) Where any development in a development area has been commenced or continued 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 then, without prejudice to the provisions of sections 26 and 27, the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 1 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 of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 1 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 concerned Local Development Authority/Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 1 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 shall 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 provisions relating to stoppage of building operations contained in any other law for the time being in force.

1. Substituted by section 26 of Uttarakhand Act No. 25 of 2013. 

28-A. [Power to seal un-authorized development-

(1) It shall be lawful for the [Vice Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 2 or an officer empowered by him in this behalf, as the case may be at any time before or after making an order for the removal or discontinuation of any development under section 27 of section 28 to make any order directing the sealing of such development in a development area in such manner as may be prescribed for the purposes of carrying out the provisions of this Act.

(2) Where any development has been sealed, the [Vice Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 2 or the officer empowered by him in this behalf, as the case may be may for the purposes or removing or discontinuing such development order the seal to be removed.

(3) No person shall remove such seal except under an order made under subsection (2) by the [Vice Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 2 or the officer empowered by him in this behalf.

(4) Any person aggrieved by an order made under sub-section (1) or sub-section (2) may appeal to the Chairman against that order within thirty days from the date thereof and the Chairman may after hearing the parties to the appeal, either allow or dismiss the appeal.

(5) The decision of the Chairman shall be final.]1

2. Subs. by section 27 ibid.

1. Added by section 8 of U.P. Act No. 3 of 1997.

2. Substituted by section 27 of Uttarakhand Act No. 25 of 2013. 

29. Conferment of other powers of the Authority -

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 constituting that local authority, subject to such exceptions or modifications, as the State Government may by notification in the Gazette, specify.

30. Offences by companies -

(1) If the person committing an offence under this Act is a company, 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 businesses of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be preceded 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 proved that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), 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 connivance of or is attributable to any neglect on the part of any 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. Fines when realized to be paid to the Authority -

All fines realized in connection with prosecutions under this Act shall be paid to the Authority.

32. Composition of offences --

(1) Any offence made punishable by or under this Act may either before or after the institution of proceedings, be compounded by [the Vice-Chairman]1 (or any officer authorized by him in that behalf by general or special order), on such terms, including any terms as regards payment of a composition fee, as the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act. of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act] 2 (or such officer) may thinks fit.

(2) Where an offence has been compounded the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

1. Subs. by section 8 of U.P. Act No. 3 of 1997.

2. Substituted by section 28 of Uttarakhand Act No. 25 of 2013. 

33. Power of the Authority to provide amenity or carry out development at cost of owner in the event of his default and to levy cess in certain cases -

(1) 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 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 coming into force of this Act has not been carried out, if 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 to carry out the development or have it provided or carried out through such agency as it deems fit :

Provided that before taking 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.

(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 providing or responsible for providing the amenity as arrears of land revenue and no suit shall lie in the Civil Court for recovery of such expenses.

(4) Notwithstanding anything contained in the foregoing sub-section 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 sanction had been obtained under this Act or under any law in force before the [commencement of this Act]1 has not been carried out, it may itself provide the amenity or carry out the development of have it provided or carried out through such agency as it deems fit and recover the expenses by 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 had been agreed to be carried out by a colonizer or co-operative housing society through or from whom the land was acquired by them, they shall file with the Authority a copy of such agreement or of the deed of transfer or of the byelaws of the society incorporating such agreement and no action shall be taken by the Authority under this sub-section unless notice has been given to the colonizer of 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 colonizer or the society has become defunct or is not traceable no notice under the last proceeding proviso need be issued.

[(4-A) Where the authority provided any amenity in an area developed by it, the authority shall, till the responsibility for maintenance is assumed by the local authority as provided in section 34, be entitled to recover, in the manner prescribed, from the owner of the land or building, such charges therefore as may be fixed by the State Government by a notified order having regard to the expenses incurred for maintaining and continuing to provide such amenity.]2

(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 providing the amenity or carrying out the development, together with interest at such rate as the State Government may by order fix form the date of completion of the work until payment and shall be assessed and levied on all the owners of the land in proportion to the respective areas of land owned by them.

(6) The said cess shall be payable in such number of installments and each instalment shall be payable at such time and in such manner, as the Authority may fix and arrears of cess shall be recoverable as arrears of land revenue and no suit shall lie in the civil court for recovery thereof.

(7) The expenses incurred by the Authority or the agency employed by it under this section shall be certified by the Authority and such certificate, as also the assessment of the cess, if any under sub-section (5) shall be final.

(8) If under any agreement between the owners of the land and the colonizer or the society referred to in sub-section (4), the responsibility for providing the amenity or carrying out the development rested with such colonizer or society, the cess payable under that sub-section by the owners shall be recoverable by them from the colonizer or society, as the case may be.

1. Subs. by section 9 of U.P. Act No. 13 of 1975.

2. Added by section 10 of U.P. Act No. 3 of 1997.

34. Power of Authority to require local authority to assume responsibilities in certain cases -

Where any area has been developed by the Authority, the Authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provisions 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 Government by the Authority on terms and conditions settled by the Government in consultation with the local authority.

35. Power of Authority to levy betterment charges -

(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 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 battlement charge in respect of the increase in value of the property resulting from the execution of the development :

Provided that not battlement 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 battlement charge under this section.

(2) Such battlement 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. Assessment of betterment charge by Authority -

(1) When it appears to the [Vice-Chairman]1 that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the [Vice-Chairman]1 may, by an order made in that behalf, declare that for the purpose of determining the betterment 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 [Vice-Chairman]1 proposes to assess the amount of the betterment charge in respect of the property under section 34.

(2) The [Vice-Chairman]1 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 [Vice-Chairman]1 inform the [Vice-Chairman]1 by a declaration in writing that he accepts the assessment or dissents from it.

(3) When the assessment proposed by the [Vice-Chairman]1 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 [Vice-Chairman]1 the information required by sub-section (2) within the period specified therein the matter shall be determined by the [Chairman]2 [and such determination shall not be questioned in any Court.]2

1. Subs. by section 10(a) of U.P. Act No. 13 of 1975.

2. Ins. by section 10 (b) ibid.

37. [Finality of decision -

[Except as provided in 5 [section 7-B]5 , every decision]4 of the Chairman on appeal and subject only to any decision on appeal (if it lies and is preferred), the order of the Vice-Chairman or other officer under section 15 or section 27 shall be final and shall not be questioned in any Court.]3

3. Subs. by section 11 ibid.

4. Subs. by section 6 of U.P. Act No. 19 of 1976.

5. Substituted by section 29 of Uttarakhand Act No. 25 of 2013. 

37-A . [Bar of jurisdiction of Civil Courts-

(1) No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act under the rules or regulations made under this Act.

(2) No suit shall lie against the State Government or any State or Local Authority for any relief in respect of any matter covered by this Act.

(3) All suits, appeals, revisions, application for review and other incidental or ancillary proceedings including all proceedings under Order 39 of the First Schedule to the Code of Civil Procedure, 1908 (Act No. V of 1908) arising out of such suits, pending before any court subordinate to the High Court and all revisions arising out of interlocutory orders pending before the Courts subordinate to High Court, relating to any matter covered under this Act, on the date of commencement of this Act, shall stand transferred to the Chairman of the concerned Local Development Authority or the State Authority, as the case may be and Local Development Authority or the State Authority shall decide the cases in the same manner as if they were instituted before them under sections 27 and/or 28 or section 7-B of this Act respectively :

Provided that the Local Development Authority or the State Authority, as the case may be, subject to the provisions of sections 27 and or 28 or section 7-B of this Act respectively, shall commence the proceedings from the stage at which the case stood transferred as aforesaid with any pleadings presented or any oral or documentary evidence produced in the court as if the same were presented or produced before them.]2

2. Substituted by section 30 of Uttarakhand Act No. 25 of 2013. 

38. Payment of betterment charges -

(1) The betterment charge levied under this Act shall be payable in such number of installments, and each installment 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.

38-A. [Power of Local Development Authority to levy land use conversion charge and city development charge -

(1) Where in any development area the land use of a particular land is changed as a result of amendment of Master Plan or Zonal Development Plan under Section 13 on request of the land owner, the Local Development Authority shall be entitled to levy land use conversion charge on the owner of such land and in such manner and at such rates as may be prescribed :

Provided that the land use conversion charge shall not be recovered during consideration of the application made for land use change, rather only such processing fee as prescribed by the local development authority to meet the expenses on examining the matter and inviting objections in the news papers, shall be deposited by the applicant along with application. Only after the application found finally acceptable, the land use conversion charge shall be recovered from the owner of land by the concerned Local Development Authority prior to final notification under sub-section (4) of Section 13 of this Act :

Provided further that where the land use of a particular land is changed as a result of coming into operation of Master Plan or Zonal Development Plan, no land use conversion charge shall be levied upon the owner of such land.

(2) Where in any development area, a license has been granted to private developer for assembly and development of land, the Authority shall be entitled to levy city development charge on the private developer of such land and in such manner and at such rates as may be prescribed by the State Government.]3

3. Subs. by section 31 ibid.

39. [***]1

1. Omitted by section 2 of Uttarakhand Act No. 07 of 2010. 

39-A. [Toll for amenities -

The Authority shall be entitled to charge and collect, toll for the use of approach roads and other amenities, at such rate and in such manner as may be notified by the State Government, from visitors, to such places of popular resort (including any ancient and historical monuments) within its development area as may be so notified :

Provided that –

(a) the rate of toll per visitor, shall not exceed [one thousand rupees]5 ;

(b) the State Government may by notification, exempt any class or classes of visitors from the payment of the toll and may fix any day or days on which no toll shall be chargeable.]2

5. Subs. by section 2 of U.P. Act No. 9 of 2000

39-B. [License for Assembly and Development of Land -

The Local Development Authority /State Authority may grant license to private developer for assembly and development of land within its development area in such manner and for such period as may be prescribed.]6

6. Added by section 32 of Uttarakhand Act No. 25 of 2013

40. [Mode of recovery of moneys due to Authority -

Any money due to an Authority on account of any fee or charges or from disposal of land, building or any other property, movable or immovable by way of rent, premium, profit or hire-purchase installment may without prejudice to the right of recovery by any other mode of recovery provided by or under this Act or any other law for the time being in force, be realized –

(a) either, as arrears of land revenue upon a certificate of the amount due sent by the Authority to the Collector; or

(b) by attachment and sale of property in the manner provided in sections 504, 505, 506, 507, 508, 509, 510, 512, 513 and 514 of the [Uttar Pradesh Municipal Corporations Act, 1959 (2) of 1959]4 and such provisions of the said Act shall mutatis mutandis apply to recovery of dues of an Authority as they apply to recovery of a tax due to a [Municipal Corporation]4 so however, that reference in the aforesaid sections of the said Adhiniyam to ‘Mukhya Nagar Adhikari’, [Corporation]4 and ‘Executive Committee’ shall be construed as references to ‘ViceChairman’, ‘Development Authority’ and ‘Chairman’ respectively :

Provided that no two or more modes of recovery shall be commenced or continued simultaneously.]3

3. Subs. by section 6 of U.P. Act No. 21 of 1985.

4. Subs. by U.P. Act No. 12 of 1994.

41. Control by State Government -

(1) The 1 [ [State Authority or the Local Development Authority, as the case may be] 7 , the Chairman or the Vice-Chairman]1 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 discharge of its functions by the State Authority, Local Authority, the Chairman or the Vice Chairman of the Local Development Authority or Local Development Authority created under sub-section (1-A) of section 4 under this Act any dispute arises between the State Authority, Local Authority, and even between the two Local Authorities or their respective Chairman or the Vice Chairman or any other person / officer appointed/ designated under subsection (1-A) of section 4 for the Local Development Authorities created under sub-section (1-A) of section 4 of this Act the decision of the State Government on such dispute shall be final]2

(3) [***]3

[(4) Every order of the State Government made in exercise of the powers conferred by this Act shall be final and shall not be called in question in any court.]1

1. Subs. by section 7 (i) of U.P. Act No. 19 of 1976.

7. Subs. by section 33 (1) ibid.

1. Added by section 7 (ii) of U.P. Act No. 19 of 1976.

2. Subs. by section 33 (2) of Uttarakhand Act No. 25 of 2013.

3. Omitted by section 33 (2) ibid.

42. Returns and inspections -

(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 authorized by the State Government in that behalf, may call for reports, returns and other information from the Authority or the local authority concerned in regard to the implementation of the master plan.

(3) Any person authorized 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. Services of notices, etc. -

(1) 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 document is addressed to the secretary of the company at its registered officer 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;

(c) where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other chief officer of that body, corporation or society at its principal office, and is either –

(i) sent by registered post; or

(ii) 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 business, if within the development area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of land or building to which it relates; or

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

(2) Any document which is required or authorized to be served on 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 accordance 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 subsection (1), the document shall be deemed to be served on each partner of that firm.

(4) For the purpose of enabling any document to be served on the owner of any property the secretary to the Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family be deemed to be service upon the minor.

(6) A servant is not a member of the family within the meaning of this section.

44. Public notice how to be made known -

Every public notice given under this Act shall be in writing over the signature of the Secretary to the Authority and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in a newspaper having circulation in the locality or by two or more of these means and by any other means that the Secretary may think fit.

45. Notices etc. to fix reasonable time -

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 regulation, the notice, order or other document shall specify a reasonable time for doing the same.

46. Authentication of orders and documents of Authority -

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 authorized by the Authority in that behalf.

46-A . [Authenticatio n of orders and instruuments of the State Authority -

All permissions, orders, decisions, notices and other documents of the State Authority shall be authenticated by the signatures of the Chief Administrator or any other officer authorized by the Chief Administrator of the State Authority in that behalf.]1

1. Added by section 34 of Uttarakhand Act No. 07 of 2013 . 

47. Members and Officers to be public servants -

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.

47-A . [Members and officers of the State Authority to be public servants -

Every member, every officer and every employee of the State Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.]2

2. Added by section 35 ibid. 

48. Jurisdiction of courts -

No court inferior to that of a Magistrate of the first class shall try an offence punishable under [section 26 of]3 this Act.

3. Ins. by section 36 ibid.

49. Sanction of prosecution -

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 authorized by him in that behalf.

50. Protection of action taken in good faith -

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. Power to delegate -

(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 subject 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 regulations or byelaws, may also be exercised by such officer or local authority, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The Vice-Chairman 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 officer of the Authority, in such cases and subject to such conditions, if any, as may be specified therein.

[(4) The Chief Administrator of the State Authority may by general or special order direct that any power exercisable by him under this Act may also be exercised by the Addl. chief Administrator of the State Authority in such cases and subject to such conditions, if any, as may be specified therein.]1

1. Added by section 37 of Uttarakhand Act No. 25 of 2013

52. Savings -

Nothing in this Act shall apply to—

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

(b) the carrying out by any local authority or by any department 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 other land for that purpose;

(c) the operational construction (including maintenance, development 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 agriculture;

(e) the excavations (including wells) made in the ordinary course of agricultural operations; and

(f) the construction of unmetalled road intended to give access to land solely for agricultural purposes.

53. Exemption -

Notwithstanding anything contained in this Act the State Government 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. Plans to stand modified in certain cases -

(1) Where any land situated in the 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 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 acquired to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition.

55. Power to make rules -

(1) The State Government [or State Authority]3 may by notification in the Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters; namely –

[(a) the levy of fee on a memorandum of appeal under sub-section (5) of section 15 or under sub-section (23) of section 27;]1

(b) the procedure to be followed by the [Chairman]2 in the determination of betterment charge and the powers that it shall have for that purpose;

(c) any other matter which has to be or may be prescribed by rules.

(3) [***]4

1. Subs. by section 12 of U.P. Act No. 13 of 1975.

2. Subs. by section 8 of U.P. Act No. 19 of 1976.

3. Added by section 38 (1) of Uttarakhand Act No. 25 of 2013.

4. Omitted by section 38 (2) ibid.

56. Power to make regulations -

(1) [The State Authority or the Local Development Authority or the Local Development Authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 5 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[the State Authority or the Local Development Authority or the Local Development Authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 5 .

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters; namely—

(a) the summoning and holding of meetings of the [the State Authority or the Local Development Authority or the Local Development Authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 5 , 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 [the State Authority or the Local Development Authority or the Local Development Authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 2 ;

[(bb) The powers and duties of the Chief Administrator, Additional Chief Administrator and Finance Controller of the State Authority.]3

(c) the salaries, allowances and conditions of service of the Secretary, Chief Accounts Officer and other officers and employees;

[(cc) The salaries, allowances and conditions of service of the Chief Administrator, Additional Chief Administrator, Finance Controller, and other officers and employees.]4

(d) the procedure for carrying out the functions of the [the State Authority or the Local Development Authority or the Local Development Authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 2 under Chapter 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 State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of Section 4 of this Act, as the case may be] 5 ;

[(g) the fee to be paid on an application for permission under sub-section (1) of section 15;

(h) the fee to be paid for inspection or obtaining copies of documents and maps;

(i) any other matters which has to be or may be prescribed by regulations.]1

(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 power under sub-section (1).

5. Subs. by section 39 (1) ibid.

1- Added by section 13 of U.P. Act No. 13 of 1975.

2- Subs. by section 39 (1) of Uttarakhand Act No. 25 of 2013.

3- Added by section 39 (2) ibid.

4- Added by section 39 (3) ibid.

5- Subs. by section 39 (4) ibid.

57. Power to make bye-laws -

The [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of Section 4 of this Act, as the case may be] 6 may, with the previous approval of the State Government 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 generality 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;

(b) the terms and conditions referred to in section 16, subject to which the used of lands and buildings in contravention of plans may be continued;

[(bb) the guiding principles for composition of offences under section 32;]1

(c) the time and manner of payment of betterment charge under section 30; 2

[(d) the grant of licences to architects, town planning engineers, surveyors, draftsmen for the preparation of building plans or water supply, drainage and sewerage plans and the fees to be paid for the grant of such licence;

(e) for so long as the Zonal Development Plans are not prepared under section 9, the matter specified in clause (d) of sub-section (2) of that section; 3

[(ee) the definitions of an arterial road and the colour scheme and other specifications according to which the facade of buildings abutting such road shall be repaired, whit-washed, colour-washed or painted, under section 12-A;]3

[(f) any other matter which has to be or may be prescribed by bye-laws.]2

6- Subs. by section 40 ibid.

1. Added by section 14 (1) of U.P. Act No. 13 of 1975.

2. Ins. by section 14 (2) ibid.

3. Added by section 9 of U.P. Act No. 19 of 1976. 

58. Dissolution of Authority-

(1) Where the State Government is satisfied that the purposes for which [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 4 was established under this Act have been substantially achieved so as to render to 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 notification 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 realizable by the [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 4 shall vest in or be realizable by, the State Government;

(b) all nazul lands placed at the disposal of the [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of section 4 of this Act, as the case may be] 4 shall revert to the State Government;

(c) all liabilities which are enforceable against the [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of section 4 of this Act, as the case may be]6 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 [the State Authority or the Local Development Authority or the Local Development authority created under sub-section (1-A) of section 4 of this Act, as the case may be]6 and for the purpose of realizing properties, funds and dues referred to in clause (a) the functions of the [the State Authority or the Local Development Authority or the Local Development authority created under subsection (1-A) of section 4 of this Act, as the case may be] 6 shall be discharged by the State Government.

4. Subs. by section 41 of Uttarakhand Act No. 25 of 2013. 

59. Repeal etc. and savings -

(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, 327, 328, 329 and 333, clauses (a) and (b) of sub-section (1) of section 334, section 335, 336, Chapter XIV of the [Uttar Pradesh Municipal Corporation Act, 1959,]4 sections 178, 179, 180, 180-A, 181, 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 222 of [Uttar Pradesh Municipalities Act, 1916]4 (or the said sections are extended under section 338 thereof or under section 38 of the 3 [United Provinces Town Areas Act, 1914) or as the case may be of sections 162 to 171 of the [Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961]5 and of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 and the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, 2 [(except in relation to those housing or improvement schemes which have either been notified under section 32 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 before the declaration of the area comprised therein as development area or which having been notified under section 28 of the said Adhiniyam before the said declarations are thereafter approved by the State Government for continuance under the said Adhiniyam or which are initiated after such declaration with the approval of the State Government, hereinafter in this section referred to as ‘Special Avas Parishad Schemes’)]2 shall in respect of a development area remain suspended and sub-section (3) of section 139 of the [Uttar Pradesh Municipal Corporation Act, 1959]4 , 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 Authority for that area and until the dissolution of such Authority and the provisions of [sections 6 and 24 of the United Provinces General Clauses Act, 1904]1 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 [and the powers, for doing anything which could but for such suspension of the Uttar Pradesh (Regulation of Building Operations) Act, 1958, be done by the prescribed authority and controlling authority and which can after such suspension be done by virtue of the application of section 6 of the Uttar Pradesh General Clauses Act, 1904 shall vest in the Vice-Chairman and the Chairman respectively.]3 

[(aa) The operation of the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) (as applicable in the State of Uttarakhand) in relation to the area declared as a Development Area under section 3 of this Act, shall stand repealed as from the date of the declaration of development area and the Special Area Development Authority constituted under the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) for that area as from that date, shall stand dissolved.] 4

(b) The operation of the provisions suspended [and repealed] 5 by virtue of clause (a) [and clause (aa)] 6 shall revive upon the dissolution of the Authority under section 58 and the provisions of [section 6 and 24 of the united Provinces General Clauses Act, 1904]1 shall apply in relation to the cesser of application of the corresponding provisions of this Act as if such cesser amounted to a repeal of these provisions of this Act by an Uttar Pradesh Act;

[(c) Without prejudice to the generality of the provisions of clauses (a) [and clause (aa)] 6 and (b), any bye-laws, directions or regulations under the [Uttar Pradesh Municipalities Act, 1916 or the Uttar Pradesh (Regulation of Building Operations) Act, 1958 or the [Uttar Pradesh Municipal Corporation Act, 1959]3 [or the Uttar Pradesh Special Area Development Area, Act, 1986] 7 as the case may be and in force on the date immediately before the date of commencement of this Act shall in so far as they are not inconsistent with the provisions of this Act, continue in force, until altered, repealed or amended by any competent authority under this Act.]2

[(d) All Development Authorities constituted under the present Act, before the commencement of this Act, shall continue to exist and will be deemed to be Local Development Authorities as if constituted by this Act, and any act/ function discharged by them in such capacity shall be deemed to have been done or taken under this Act.]8

(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 constitution of the Development Authority in relation to a development area which includes the whole of a city as defined in the [Uttar Pradesh Municipal Corporation Act, 1959]3 , all posts borne on the establishment of the [Municipal Corporation]4 of that city exclusively in connection with its activities under Chapter XIV of the said Adhiniyam or under the Uttar Pradesh (Regulation of Building Operations) Act, 1958, [or the Uttar Pradesh Special Area Development Authorities Act, 1986] 5 immediately before the date of the constitution of the Development Authority, not being a post governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1966 (hereinafter in this section referred to as the Centralized Services) shall on and from such date, stand transferred to the Development Authority with such designations as the Authority may determined and officers and other employees who are not members of any Centralized Services, serving under the [Municipal Corporation]4 of that city not exceeding the number of posts so transferred shall be selected in accordance with such directions as may be issued by the State Government for being appointed on the said posts and on such selection shall stand transferred to and become officers and other employees of the Development Authority and shall as such hold officer by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held the same if the Authority had not been constituted and shall continue to do so unless than until such tenure, remuneration and terms and conditions are duly altered by the Authority :]1

Provided that any service rendered under the [Municipal Corporation]4 [or the Uttar Pradesh Special Area Development Authorities Act, 1986 or in relations to the functions specified under the U.P. Special Area Development Authorities Act, 1986] 6 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 discharge those functions accordingly.

[(4) On and from the date of the constitution of the Development Authority in relation to a development area which includes the whole of a city as defined in the [Uttar Pradesh Municipal Corporation Act, 1959]3 , all posts governed by the Centralized Services which were borne on the establishment of the [Municipal Corporation]4 [or the Special Area Development Authority] 7 of that city exclusively in connection with its said activities immediately before the date of constitution of the Development Authority shall in and from such date stand transferred to the Development Authority with such designations as the State Government may determine, but all such posts shall continue to be filled by members of he Centralized Services, as they would have been filled had they not been so transferred to the Authority and the said Adhiniyam and the rules relating to the Centralized Services shall be amended accordingly.]2

(5) Every officer and other employee serving under an Improvement Trust referred to in sub-section (2) immediately before the date on the constitution of the Development Authority shall in and from such date be transferred to and become an officer or other employee of the Development Authority with such designations as the Authority may determine and shall hold officer 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 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 than 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 discharge those functions accordingly.

(6) Notwithstanding the provisions of sub-sections (1) and (2) --

(a) anything done or any action taken (including any notification 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 continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything 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 performance 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 on for the Development Authority concerned;

(c) all properties, movable and immovable, vested in an Improvement Trust referred to in sub-section (2) shall vet in the Development Authority concerned, all properties movable and immovable vested in any other [local authority constituted under any enactment referred to in sub-section (1)]1 in relation exclusively to the performance of functions assigned to the Development Authority by this Act shall vest in the Development Authority concerned;

(d) all rents, fees and other sums of money due to an Improvement Trust referred to in sub-section (2) or in relation exclusively to the performance of functions assigned to the Development Authority by this Act shall be deemed to be due to the Development Authority;

(e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by for or against [any authority appointed or constituted under any enactment referred to in sub-section (1)]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;

[(f) all appeals under sub-section (2) of section 15 of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 [and all appeals under the U.P. Special Area Development Authorities Act, 1986] 5 in relation to an area, declared under this Act as a development are, pending before the Controlling Authority on the date of such declaration shall stand transferred to the Chairman and the decision of the Chairman shall be final and all such appeals which were addressed to the Controlling Authority and which were entertained by the Chairman after he said declaration shall be deemed to have been preferred to the Chairman and the decision of the Chairman shall be final.]2

Explanation—

For the purposes of this sub-section, the Development Fund referred to in sub-section (3) of section 139 of [the Uttar Pradesh Municipal Corporation Act, 1959]3 , [or under the provisions of the Uttar Pradesh Special Area Development Authorities Act, 1986] 6 and all properties created out of that fund, and all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by with or for the [Municipal Corporation]4 [or the Special Area Development Authority] 6 in relation to such properties or in relation to the functions specified in Chapter XIV of the said Adhiniyam, [or the U.P. Special Area Development Authorities Act, 1986 or in relations to the functions specified under the U.P. Special Area Development Authorities Act, 1986]0 shall be deemed to relate to the performance of functions assigned to the Development Authority by this Act and clauses (a), (b), (c), (d) and (e) shall apply accordingly.

(7) If any dispute arises between any Local Authority or a Development Authority whether for purposes of clauses (b), (c) and (d) of sub-section (6) any debt, obligation or liability was incurred or any contract 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 rent, 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 [Municipal Corporation]2 concerned [or the Special Area Development Authority] 3 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 Municipal Corporation Act, 1959]1 , [or the U.P. Special Area Development Authorities Act, 1986] 3 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-section (3) and (4) shall apply to an officer or other employee of a [Municipal Corporation]2 or an Improvement Trust, [or the Special Area Development Authority] 4 as the case may be, who within one month from the date of the constitution of the Development Authority concerned intimates the [Municipal Corporation]2 or Trust [or the State Government] 4 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 form that body compensation—

(a) if he was employed immediately before the date of the constitution of the Development Authority in a permanent capacity, equivalent to three months salary; '

(b) if he was employed immediately before the date of the constitution of the Development Authority in a temporary capacity, equivalent to one month’s salary.

Explanation—

In this sub-section, the expression, “salary” includes Dearness Allowances, Special Pay or any other like allowance periodical allowance or pay.

(10) Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947 in any other law for the time being in force, the transfer 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 in salary, pension, allowance or any other benefit granted to any person after the commencement of this Act and before the date of constitution of the Development 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 form 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 nay pension, provident, gratuity or other like fund constituted for the officers and other employees 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), (c), (d) and (e) of sub-section (6) all the functions of a [Municipal Corporation]5 under Chapter XIV of the [Uttar Pradesh Municipal Corporation Act, 1959]4 and all the functions of the Uttar Pradesh Avas Evam Vikas Parishad under the Avas Evam Vikas Parishad Adhiniyam, 1965 other than those related to any [Special Avas Parishad Schemes]2 [and all the functions under the U.P. Special Area Development Authorities Act, 1986] 6 shall be deemed to be functions assigned to the Development Authority by this Act.

[(14) Notwithstanding anything contained in section 365 of the [Uttar Pradesh Municipal Corporation Act, 1959]4 all acquisition of land and interest in land for an improvement scheme, the functions in respect of which are to be deemed as functions assigned to the Development Authority under subsection (13) shall be completed at least up to the stage of making awards on or before 3 [December 31, 1982.]]1

[(15) No act / acts or proceedings/ functions of the Development Authorities in the State of Uttarakhand constituted under the Uttar Pradesh Urban Planning and Development Act, 1973, done or performed before the commencement of this Act, so far as they are not inconsistent with the provisions of this act, shall be invalidated after the commencement of this Act, and all acts and functions performed by them before the commencement of this Act so far as they are not inconsistent with the provisions of this Act shall be deemed to have been done or performed under the provisions of this Act.]7

1. Subs. by section 15(a) (ii) of U.P. Act No. 13 of 1975.

2. Subs. by section 6 (a) (i) of U.P. Act No. 47 of 1976.

3. Subs. by section 6 (a) (ii) ibid.

4. Subs. by section 11 (a) (i) of U.P. Act No. 3 of 1997.

5. Subs. by section 11 (2) ibid.

6. Subs. by section 41 of Uttarakhand Act No. 25 of 2013

1. Sub. by section 15 (a) (ii) of U.P. Act No. 13 of 1975.

2. Subs. by section 15 (a) (iii) ibid.

3. Subs. by section 11 (a) (i) of U.P. Act No. 3 of 1997.

4. Added by section 42 (1) of Uttarakhand Act No. 25 of 2013.

5. Ins. by section 42 (2) ibid.

6. Ins. by section 42 (3) ibid.

7. Ins. by section 42 (4) ibid.

8. Added by section 42 (5) ibid.

1. Subs. by section 15 (b) of U.P. Act No. 13 of 1975.

2. Subs. by section 15 (c) ibid.

3. Subs. by section 11 (a) (i) and 11 (b) of U.P. Act No. 3 of 1997.

4. Subs. by section 11 (b) ibid.

5. Ins. by section 42 (6) of Uttarakhand Act No. 25 of 2013.

6. Ins. by section 42 (7) ibid.

7. Ins. by section 42 (8) ibid. 

1. Subs. by section 15 (d)(1) of U.P. Act No. 13 of 1975.

1. Subs. by section 15 (d)(2) of U.P. Act No. 13 of 1975.

2. Added by section 15 (d) (3) ibid.

3. Subs. by section 11 (a) (i) of U.P. Act No. 3 of 1997.

4. Subs. by section 11 (b) ibid.

5. Ins. by section 42 (9) of Uttarakhand Act No. 25 of 2013.

6. Ins. by section 42 (10) ibid.

1. Subs. by section 11 (a) (i) of U.P. Act No. 3 of 1997.

2. Subs. by section 11 (b) ibid.

3. Ins. by section 42 (11) of Uttarakhand Act No. 25 of 2013.

4. Ins. by section 42 (12) ibid.

1. Ins. by section 10 (ii) of U.P. Act No. 19 of 1976.

2. Ins. by section 6 (b) of U.P. Act No. 47 of 1976.

3. Subs. by section 2 of U.P. Act No. 6 of 1982.

4. Subs. by section 11 (a) (i) of U.P. Act No. 3 of 1997.

5. Subs. by section 11 (b) ibid. '

6. Ins. by section 42 (13) of Uttarakhand Act No. 25 of 2013.

7. Added by section 42 (14) ibid.

60. Repeal and savings -

(1) The Uttar Pradesh Urban Planning and Development Ordinance, 1973 (U.P. Ordinance 7 of 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.