3. Declaration of development areas-

If in the opinion of the State Government any area within the State requires to be development according to plan it may by notification in the Gazette declare the area to be a development area :

[Provided any area covered under the U.P. Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) (as applicable in the State of Uttarakhand) is declared as a Development Area under this Section, the provisions of the U.P. Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) shall stand repealed for the said area.] 

4. The Development Authority

[(1) The State Government may by notification in the Gazette constitute for the purposes of this Act, an authority to be called the 'Uttarakhand Housing and Urban Development Authority' for all the development areas in the State with headquarter at such place as the State Government may specify and Local Development Authority for any development area.]2

[(1-A) The State Government may by notification in the Gazette declare the Urban Local Bodies and Village Panchayats as Local Development Authority/ Local Authority defining the extent of their development area. The State Government by the said Notification may also define the powers of such Local Authorities and define the designations of the persons/ officers to exercise the powers under this Act. The State Government may also declare/ designate/appoint the Chairman of such Local Development Authorities under this Sub Section for the purpose of exercising the powers under this Act. Such Urban Local Bodies and Village Panchayats declared as Local Development Authority under this sub section, shall act for the purpose of development as per the provisions of this Act. '

(1-B) The existing Board of such Urban Local Bodies and Village Panchayats, shall be deemed to be the Board of the Local Development Authority/Local Authority under this Act to the extent of the powers delegated to them under sub-section (1-A) of section 4.]3

(2) The [Uttarakhand Housing and Urban Development Authority/ State Authority or the Local Development Authority]4 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. 

[(2-A) (1) The Uttarakhand Housing and Urban Development Authority or the State Authority shall consist of the following members; namely :--

(a) The Minister incharge of the Housing Department of the State Government who shall be the Chairman;

(b) The Principal Secretary/ Secretary to the Department of Housing of the State Government who shall be the Vice- Chairman;

(c) A full time Chief Administrator appointed by the State Government, who shall not be below the rank of Principal Secretary/Secretary to the State Government;

(d) A full time Additional Chief Administrator appointed by the State Government, who shall not be below the rank of Additional Secretary/Secretary to the State Government;

(e) The Principal Secretary/ Secretary to the Department of Finance of the State Government : ex-officio,

(f) Principal Secretary/ Secretary to the Department of Urban Development of the State Government : ex-officio,

(g) Principal Secretary/ Secretary to the Department of Planning of the State Government : ex-officio,

(h) Principal Secretary/ Secretary to the Department of Forest of the State Government : ex-officio,

(i) Principal Secretary/ Secretary to the Department of Tourism of the State Government : ex-officio,

(j) Principal Secretary/ Secretary to the Department of Industries of the State Government : ex-officio,

(k) The Chief Town and Country Planner of Town and Country Planning Department of the State Government : ex-officio,

(l) The Finance Controller of the State Authority to be appointed by the State Government : ex-officio, and

(m) such other non official members, not more than two, as the State Government may from time to time by notification appoint. The non official members as mentioned in clause (m) above shall hold office during the pleasure of the State Government:

Provided that such non official member may at any time by writing under his hand addressed to the Chief Administrator resign his office and on such resignation being accepted shall be deemed to have vacated his membership.

(2) No act or proceeding of the State Authority shall be invalid by reason of the existence of any vacancy in or defect in the constitution of the State Authority.]2

(3) The [Local Development] 3 Authority in respect of a development area which includes the whole or any part of a city as defined in the [U.P. Municipal Corporations Act, 1959]1 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;

[(bb) Secretary of the Local Development Authority to be appointed by the State Government;] 4

[(c) the Secretary to the State Government incharge of the Department in which, for the time being, the business relating to the Development Authorities is transacted, [or any person nominated by him] 5 ex-officio;]3

(d) the Secretary to the State Government, incharge of the Department of Finance, [or any person nominated by him] 5 ex officio;

(e) the Chief Town and Country Planner, Uttar Pradesh, [or any person nominated by him] 5 ex-officio;

[(f) the Managing Director of the Jal Nigam, established under the Uttar Pradesh Water Supply and Sewerage Act, 1975 [or any person nominated by him] 5 ex-officio; ]2

(g) the Mukhya Nagar Adhikari [or any person nominated by him] 5 exofficio;

(h) the District Magistrate of every district or any part of which is included in the development area, [or any person nominated by him] 5 ex-officio;

(i) four members to be elected by Sabhasads of the [Municipal Corporation]1 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 [Municipal Corporation]1 ;

(j) such other member not exceeding three as may be nominated by the State Government.

(4) The appointment of the Vice-Chairman [of the local development authority]6 shall be whole time.

(5) The Vice-Chairman shall be entitled to receive from the funds of the [local development authority]7 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) or clause (f) or subsection (3) may instead of attending a meeting of the [local development authority]7 himself depute an officer, not below the rank of Deputy Secretary in the department in the case of a member referred to in clause (c) or clause (d) and below the rank of Town Planner in the case of a member referred to in clause (e) and not below the rank of 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 [local development authority]1 in respect of a development area other than that mentioned in sub-section (3) shall consist of a Chairman, a ViceChairman and not less than five and not more than eleven such other members, including at least one member 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 Government 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 resignation being accepted shall be deemed to have vacated his office.

(8) 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 [local development authority]1 .

5. Staff of the Authority -

[(1) The State Government may by notification in the Gazette appoint three suitable persons as the Chief Administrator, Additional Chief Administrator and the Finance Controller respectively of the State Authority, as provided in sub-section (2-A) of section 4, who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the State Authority.

(2) Subject to such control and restrictions as may be determined by general or special order of the State Government, the Chief Administrator or the Additional Chief Administrator of the State Authority may appoint number of other officers and employees as may be necessary for the efficient performance of the functions of State Authority and may determine their designations and grades.

(3) The Chief Administrator, Additional Chief Administrator, the Finance Controller and other Officers and employees of the Authority shall be entitled to receive salaries and allowances from the funds of the State Authority and shall be governed by such salaries, allowances and other conditions of service as may be determined by regulations made in this behalf by the State Government.]2

[(4)] 2 The State Government may appoint two suitable persons respectively as the Secretary & the Chief Accounts Officer of the [local development authority]3 who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority or its Vice-Chairman.

[(5)] 2 Subject to such control and restrictions as may be determined by general or special order of the State Government, the [local development authority]3 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.

[(6)] 2 The Secretary, the Chief Accounts Officer and other officers and employees of the [local development authority]3 shall be entitled to receive from the funds of the [local development authority]3 such salaries and allowances and shall be governed by such other conditions of service as may be determined by regulations made in that behalf.

5-A . [Creation of Centralized Services

(1) Notwithstanding anything to the contrary contained in section 5 or in any other law for the time being in force, the State Government may at any time by notification, create one or more ‘Development Authorities Centralized Services’ for such posts, other than the posts mentioned in sub-section (4) of section 59, as the State Government may deem fit, common to all the Development Authorities and may prescribed the manner and conditions of recruitment to and the terms and conditions of service of person appointed to such service.

(2) Upon creation of a Development Authorities Centralized Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralized) Services Rules, 1966 or serving on deputation, shall unless he opts otherwise, be absorbed in such service – (a) finally, if he was already confirmed in his post; and (b) provisionally, if he was holding temporary or officiating appointment.

(3) A person referred to in sub-section (2) may, within three months from the creation of such Development Authorities Centralized Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralized Service, failing which he shall be deemed to have opted for final or provisional, as the case may be, absorption in such Centralized Service.

(4) Suitability of a person absorbed provisionally, for final absorption in a Development Authorities Centralized Service, shall be examined in the manner prescribed and if found suitable he shall be absorbed finally.

(5) The services of an employee who opts against absorption or who is not found suitable for final absorption shall stand determined and he shall without prejudice to his claim to any leave, pension, provident fund or gratuity which he would have been entitled to be entitled to receive as compensation from the Development Authority concerned, an amount equal to--

(a) three month’s salary, if he was a permanent employee;

(b) one month’s salary, if he was a temporary employee.

Explanation—

For the purposes of this sub-section the terms ‘salary’ includes dearness allowance, personal pay and special pay, if any.

(6) It shall be lawful for the State Government or any officer authorized by it in this behalf to transfer any person holding any post in a Development Authorities Centralized Service from one Development Authority to another.]1

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

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

3. Added by section 5 (b) ibid.

4. Subs. by section 5 (c) ibid.

1. Subs. by section 2 (a) of U.P. Act No. 12 of 1994.

2. Added by section 5 (d) of Uttarakhand Act No. 25 of 2013.

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

1. Subs. by U.P. Act No. 3 of 1957.

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

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

4. Added by section 5 (f) of Uttarakhand Act No. 25 of 2013.

5. Subs. by section 5 (g) ibid.

6. Ins. by section 5 (h) ibid.

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

1. Substituted by section 5 (i) of Uttarakhand Act No. 25 of 2013.

6. Advisory Council 

(1) The State Government may, if it thinks fit, constitute an Advisory Council for the purpose of advising the Authority on the preparation of the master plan and on such other matters relating to the planning of development or arising out of or in connecting with, the administration 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 subsection (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;

(c) the Director, Medical and Health Services, Uttar Pradesh or his nominee who shall not be below the rank of a Deputy Director , exofficio;

(d) four representatives of the local authorities having jurisdiction 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;

(f) the Chairman, State Electricity Board, Uttar Pradesh or his nominee, ex-officio;

(g) all the members of the Houses of the People and the State Legislative Assembly whose constituencies include any part of the development area;

(h) all members of the Council of States and the State Legislative Council who have their residence in the development area;

(i) three members to be nominated by the State Government, one of whom shall represent the interest of labour and one interest of industry and commerce in the development area.

(3) For the purposes of clause (h) of sub-section (2), the place of residence of a member of the Council of States or the State Legislative Council shall be deemed to be that mentioned in t he 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 respect of a development area other than that mentioned in sub-section (2) shall consist of such members as may be determined by the State Government by general or special order in that behalf.

(6) The [Advisory Council]1 shall meet as and when called by the Chairman :

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

 2. Renumbered and add by section 6 (a) ibid.

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

1. Added by section 6 of U.P. Act No. 13 of 1975

7.Objects of the Authority 

The objects of the [local development authority]1 shall be to promote and secure the development of the development area according to plan and for that purpose 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 necessary or expedient for purposes of such development and for purposes incidental thereto :

Provided that save as provided in this Act nothing contained in this Act shall be construed as authorizing the disregard by the Authority of any law for the time being in force.

1. Substituted by section 7 (1) of Uttarakhand Act No. 25 of 2013. 

7-A. [Functions of the State Development Authority

The State Development Authority shall have the following powers–

(i) To assess the necessity of declaring/notifying any areas in the State as development area and thereupon give recommendation to the State Government in this regard and recommend constitution of local development authorities for the said areas;

(ii) To prepare Master Plans/Zonal Plans through Town and Country Planning Department or through outsourcing for planned development of notified development areas in the State and get them implemented through the local development authorities;

(iii) To examine the proposals received from the local development authorities for amendment in the old Master Plan and give its recommendations to the State Government in this regard;

(iv) To review the works of various development authorities of the State and Town and Country Planning Department and issue necessary directions to them;

(v) To give recommendation to the State Government regarding distribution of works/determination of jurisdiction amongst local development authorities, Urban Local Bodies and Gram Panchayats in respect of plan sanctioning and enforcement in various notified areas;

(vi) To grant permission for the plans in the notified/ development areas as per the limit/norms prescribed by the State Government and to do supervision/enforcement of such projects through local development authorities/ Local bodies;

(vii) To conceptualize and formulate projects of infrastructure development having inter regional benefits in the State, mobilize funds for such projects from State/Central Government or through private investment and implement the project by itself or through local development authorities;

(viii) To acquire/collect land for the development of residential projects and use such land for the project developed by itself or by local development authorities or based on Public Private Partnership; 

(ix) To explore opportunity of such mega projects on Public Private Partnership which are in the interest of State, create favourable environment in this regard and take all necessary steps for this purpose;

(x) To prepare guidelines for the local development authorities with regard to Housing and infrastructure development works and ensure compliance;

(xi) To prepare a policy for the promotion of Low Cost Housing and give recommendation to the State Government in this regard;

(xii) To decide the quantum of fund to be allocated to local development authorities from its own fund and allocate the same amongst the local development authorities;

(xiii) To sit in revision against the orders of the Chairman of local development authorities passed under this Act;

(xiv) To carry out such other functions which may be assigned to it by the State Government from time to time.

2. Added by section 7 (2) ibid.

7-B. Control by the State Authority 

(1) All orders passed by the State Authority shall be passed in the name of the Chief Administrator of the State Authority.

(2) The Local Development Authority, the Chief Town and Country Planner of the Town and Country Planning Department, the Chairman or the ViceChairman of the Local Development Authority or any other officer designated/ appointed by the State Government under sub-section (1-A) of section 4 of the Local Development Authority shall carry out such directions as may be issued from time to time by the State Authority for the efficient administration of this Act.

(3) If in, or in connection with, the exercise of its powers and discharge of its functions by the State Authority, the Chairman or the Vice-Chairman of the Local Development Authority under this Act any dispute arises between the State Authority and any Local Development Authority or between the two or more Local Development Authorities, the same shall be referred to the State Government, whose decision on such dispute shall be final.

(4) The State Authority may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the Local Development Authority or of its Chairman for the purpose 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 fit :

Provided that the State Authority shall not pass an order prejudicial to any person without affording such person a reasonable opportunity of being heard.

(5) Every order of the State Authority 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. Substituted by section 7 (2) of Uttarakhand Act No. 25 of 2013.