UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT ACT, 1973

PREAMBLE

What is the subject matter of the Uttar Pradesh Urban Planning and Development Act, 1973?

To provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto.

What is the short title of the Act?

The Uttar Pradesh Urban Planning and Development Act, 1973.

What is the President’s Act number of the Uttar Pradesh Urban Planning and Development Act, 1973?

President’s Act No. 11 of 1973.

CHAPTER I

PRELIMINARY

What is the subject matter of Section 1 of the Act?

Short title and extent.

What does Section 1(1) provide regarding the short title of the Act?

This Act may be called the Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.

What does Section 1(2) provide regarding the extent of the Act?

It extends to the whole of Uttar Pradesh.

What areas are excluded from the extent of the Act under Section 1(2)?

Cantonment areas are excluded.

What lands are excluded from the extent of the Act under Section 1(2)?

Lands owned, requisitioned or taken on lease by the Central Government for the purpose of defence are excluded.

What is the subject matter of Section 2 of the Act?

Definitions.

What does Section 2 provide regarding applicability of definitions?

In this Act, unless the context otherwise requires.

What is included within “amenity” under Section 2(a)?

Amenity includes road, water supply, street-lighting, drainage, sewerage, development of public parks and open spaces, solid waste management and disposal, sewage treatment plant and other public works including utilities, services and such other conveniences as the State Government may, by notification in the Gazette, specify to be an amenity for the purposes of this Act.

What does “building” include under Section 2(b)?

Any structure or erection or part of a structure or erection.

For what purposes may a structure or erection be intended under Section 2(b)?

Residential, industrial, commercial or other purposes.

Whether actual use is necessary for a structure to be a “building” under Section 2(b)?

No, whether in actual use or not.

What is included within “building operation” under Section 2(c)?

Rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings.

What does “bye-law” mean under Section 2(d)?

A bye-law made under this Act by Uttarakhand Housing and Urban Development Authority or the Local Development Authority with the previous approval of the State Government.

What is the meaning of “Chairman” under Section 2(dd)?

Chairman of the Development Authority.

What is the meaning of “Vice-Chairman” under Section 2(dd)?

Vice-Chairman of the Development Authority.

What does “City development charge” mean under Section 2(ddd)?

The charge levied on a private developer under section 38-A for the development of land.

What does “development” mean under Section 2(e)?

The carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land.

What is included within “development” under Section 2(e)?

Re-development.

What does “development area” mean under Section 2(f)?

Any area declared to be a development area under section 3.

What does “the Development Authority or the Authority” mean in relation to the whole of the State Area under Section 2(g)?

The Uttarakhand Housing and Urban Development Authority.

What is the Uttarakhand Housing and Urban Development Authority referred to as under Section 2(g)?

The State Authority.

What does “the Development Authority or the Authority” mean in relation to any development area under Section 2(g)?

The Local Development Authority constituted and notified under section 4 of the Act.

What is the Local Development Authority referred to as under Section 2(g)?

The Local Authority.

What does the first proviso to Section 2(g) provide regarding the word “Authority”?

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

What bodies may also be construed as Local Development Authority or Local Authority under the second proviso to Section 2(g)?

Urban Local Bodies and Village Panchayats.

Under what condition may Urban Local Bodies and Village Panchayats be construed as Local Development Authority or Local Authority under the second proviso to Section 2(g)?

If so declared by the State Government by issuing notification under sub-section (1-A) of section 4 of this Act defining the extent of their development area or areas.

Who shall exercise powers for Urban Local Bodies and Village Panchayats under the second proviso to Section 2(g)?

Concerned officer or person of such Urban Local Bodies and Village Panchayats.

How shall powers of concerned officer or person be determined under the second proviso to Section 2(g)?

By the State Government by Gazette Notification under sub-section (1-A) of section 4 of this Act.

What does “Development Authorities Centralized Service” mean under Section 2(gg)?

A Centralized service created under section 5-A.

What does “development fee” mean under Section 2(ggg)?

The fee levied upon a person or body under section 15 for construction of road, drain, sewer line, electric supply and water supply lines in the development area by the Local Development Authority.

Upon whom may development fee be levied under Section 2(ggg)?

A person or body.

For what purposes is development fee levied under Section 2(ggg)?

Construction of road, drain, sewer line, electric supply and water supply lines in the development area.

By whom is development fee levied under Section 2(ggg)?

The Local Development Authority.

What does “Development Plan” mean under Section 2(gggg)?

The Master Plan or Zonal Development Plan approved and published by the State Government under section 12 of the Act.

What does “Chief Town and Country Planner” mean under Section 2(ggggg)?

The Head of the Town and Country Planning Department of the State Government.

What does “engineering operations” include under Section 2(h)?

The formation or laying out means of access to a road or the laying out of means of water supply.

What does “land use conversion charge” mean under Section 2(hh)?

The charge levied on a person or a body under section 38-A for the change of land use in the Master Plan or the Zonal Development Plan.

Upon whom may land use conversion charge be levied under Section 2(hh)?

A person or a body.

For what purpose is land use conversion charge levied under Section 2(hh)?

For the change of land use in the Master Plan or the Zonal Development Plan.

What does “license fee” mean under Section 2(hhh)?

The fee levied on a private developer under section 39-B seeking license for assembly and development of land within the development area.

Upon whom is license fee levied under Section 2(hhh)?

A private developer.

For what purpose is license fee levied under Section 2(hhh)?

Seeking license for assembly and development of land within the development area.

What does “means of access” include under Section 2(i)?

Any means of access, whether private or public, for vehicles or for foot passengers.

What is included within “means of access” under Section 2(i)?

A road.

What does “mutation charges” mean under Section 2(ii)?

The charges levied under section 15 upon the person seeking mutation in his name of a property allotted by the Authority to another person.

Upon whom are mutation charges levied under Section 2(ii)?

The person seeking mutation in his name of a property allotted by the Authority to another person.

What does “private developer” mean under Section 2(iii)?

An individual, company or association, body of individuals whether incorporated or not, owning or assembling or agreeing to own or assemble, whether by purchase or otherwise, land for development and to whom a license has been granted under section 39-B of this Act.

Who may be a private developer under Section 2(iii)?

An individual, company or association, body of individuals whether incorporated or not.

What activities relating to land are covered under “private developer” in Section 2(iii)?

Owning or assembling or agreeing to own or assemble land for development.

By what modes may land be owned or assembled under Section 2(iii)?

Whether by purchase or otherwise.

What is required regarding license for a person to be a private developer under Section 2(iii)?

A license must have been granted under section 39-B of this Act.

What does “regulation” mean under Section 2(j)?

A regulation made under this Act by the State Authority or the Local Development Authority with the prior approval of the State Government.

By whom may regulations be made under Section 2(j)?

The State Authority or the Local Development Authority.

What approval is required for making regulations under Section 2(j)?

Prior approval of the State Government.

What does “rules” mean under Section 2(k)?

A rule made under this Act by the State Government or the State Authority.

By whom may rules be made under Section 2(k)?

The State Government or the State Authority.

What is meant by “special amenity” defined under section 2(kkkk)?

Special amenity includes projects of vital importance such as mass rapid transit systems, freeways, urban revitalization projects and other major infrastructure projects notified by the State Government.

Which projects are specifically included within “special amenity”?

Metro rail, light rail, regional rapid rail, bus rapid transit system, ropeway, freeways, elevated roads, river front development projects and any other major infrastructure project notified by the State Government are included.

What is meant by “special amenity fee” defined under section 2(kkk)?

Special amenity fee means the fee levied under section 15(2-B) for provision, improvement and maintenance of special amenities in the development area.

What does Section 2(l)(ii) include within “to erect a building”?

Conversion by structural alteration.

What conversion is covered under Section 2(l)(ii)(a)?

Conversion of a building not originally constructed for human habitation into a place for human habitation.

What conversion is covered under Section 2(l)(ii)(b)?

Conversion into more than one place for human habitation of a building originally constructed as one such place.

What conversion is covered under Section 2(l)(ii)(c)?

Conversion of two or more places of human habitation into a greater number of such places.

What alterations are included within “to erect a building” under Section 2(l)(iii)?

Alterations of a building as effect an alteration of its drainage or sanitary arrangements or materially affect its security.

What additions are included within “to erect a building” under Section 2(l)(iv)?

The addition of any rooms, buildings, houses or other structure to any building.

What construction is included within “to erect a building” under Section 2(l)(v)?

The construction, in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land.

What is meant by “urban use charge” under section 2(ll)?

Urban use charge means the charge levied upon a person or body under section 38-B.

What is meant by “water fees” under section 2(lll)?

Water fees means the fees levied under section 15 upon a person or body for using water supplied by the Authority for building operations or construction of buildings.

What does “zone” mean under Section 2(m)?

Any one of the divisions in which a development area may be divided for the purposes of development under this Act.

For what purpose may a development area be divided into zones under Section 2(m)?

For the purposes of development under this Act.

What meaning is assigned to the expression “land” under Section 2(n)?

The meaning assigned to it in section 3 of the Land Acquisition Act, 1894.

CHAPTER II

The Development Authority and its Objects

What is the subject matter of Section 3 of the Act?

Declaration of development areas.

Under what condition may the State Government declare an area to be a development area under Section 3?

If in the opinion of the State Government any area within the State requires to be developed according to plan.

How may the State Government declare an area to be a development area under Section 3?

By notification in the Gazette.

What may the State Government declare by notification under Section 3?

The area to be a development area.

What does the proviso to Section 3 provide regarding areas covered under the U.P. Special Area Development Authorities Act, 1986?

If any area covered under the U.P. Special Area Development Authorities Act, 1986 is declared as a Development Area under this section, the provisions of the U.P. Special Area Development Authorities Act, 1986 shall stand repealed for the said area.

Which Act stands repealed for an area declared as Development Area under the proviso to Section 3?

The U.P. Special Area Development Authorities Act, 1986.

For which area does the U.P. Special Area Development Authorities Act, 1986 stand repealed under the proviso to Section 3?

The area declared as a Development Area under Section 3.

What is the subject matter of Section 4 of the Act?

The Development Authority.

What power is conferred upon the State Government under Section 4(1)?

The State Government may by notification in the Gazette constitute authorities for the purposes of this Act.

What authority may be constituted for all development areas in the State under Section 4(1)?

The Uttarakhand Housing and Urban Development Authority.

For what purpose may the Uttarakhand Housing and Urban Development Authority be constituted under Section 4(1)?

For all the development areas in the State.

How may the Uttarakhand Housing and Urban Development Authority be constituted under Section 4(1)?

By notification in the Gazette.

Where shall the headquarters of the Uttarakhand Housing and Urban Development Authority be situated under Section 4(1)?

At such place as the State Government may specify.

What authority may be constituted for any development area under Section 4(1)?

Local Development Authority.

What power is conferred upon the State Government under Section 4(1-A)?

The State Government may by notification in the Gazette declare Urban Local Bodies and Village Panchayats as Local Development Authority or Local Authority.

What must be defined while declaring Urban Local Bodies and Village Panchayats as Local Development Authority under Section 4(1-A)?

The extent of their development area.

What additional powers does the State Government have under Section 4(1-A) notification?

To define the powers of such Local Authorities and define the designations of the persons or officers to exercise the powers under this Act.

What may the State Government declare, designate or appoint under Section 4(1-A)?

The Chairman of such Local Development Authorities.

For what purpose may the Chairman be declared, designated or appointed under Section 4(1-A)?

For exercising the powers under this Act.

What does Section 4(1-B) provide regarding the existing Board of Urban Local Bodies and Village Panchayats?

The existing Board of such Urban Local Bodies and Village Panchayats shall be deemed to be the Board of the Local Development Authority or Local Authority under this Act.

To what extent shall the existing Board be deemed to be the Board of the Local Development Authority under Section 4(1-B)?

To the extent of the powers delegated to them under sub-section (1-A) of section 4.

What is the status of the Uttarakhand Housing and Urban Development Authority or State Authority or Local Development Authority under Section 4(2)?

It shall be a body corporate.

How shall the Authority be known under Section 4(2)?

By the name given to it in the notification.

What succession does the Authority have under Section 4(2)?

Perpetual succession.

What seal shall the Authority have under Section 4(2)?

A common seal.

What powers relating to property are conferred upon the Authority under Section 4(2)?

Power to acquire, hold and dispose of property, both movable and immovable.

What contractual power is conferred upon the Authority under Section 4(2)?

Power to contract.

What legal capacity does the Authority have under Section 4(2)?

It shall by the said name sue and be sued.

What does Section 4(2-A)(1) provide regarding the composition of the Uttarakhand Housing and Urban Development Authority or State Authority?

It shall consist of specified members.

Who shall be the Chairman of the State Authority under Section 4(2-A)(1)(a)?

The Minister incharge of the Housing Department of the State Government.

Who shall be the Vice-Chairman of the State Authority under Section 4(2-A)(1)(b)?

The Principal Secretary or Secretary to the Department of Housing of the State Government.

Who appoints the Chief Administrator under Section 4(2-A)(1)(c)?

The State Government.

What shall be the rank of the Chief Administrator under Section 4(2-A)(1)(c)?

Not below the rank of Principal Secretary or Secretary to the State Government.

Who appoints the Additional Chief Administrator under Section 4(2-A)(1)(d)?

The State Government.

What shall be the rank of the Additional Chief Administrator under Section 4(2-A)(1)(d)?

Not below the rank of Additional Secretary or Secretary to the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(e)?

The Principal Secretary or Secretary to the Department of Finance of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(f)?

Principal Secretary or Secretary to the Department of Urban Development of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(g)?

Principal Secretary or Secretary to the Department of Planning of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(h)?

Principal Secretary or Secretary to the Department of Forest of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(i)?

Principal Secretary or Secretary to the Department of Tourism of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(j)?

Principal Secretary or Secretary to the Department of Industries of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(k)?

The Chief Town and Country Planner of Town and Country Planning Department of the State Government.

Who shall be ex-officio member under Section 4(2-A)(1)(l)?

The Finance Controller of the State Authority to be appointed by the State Government.

How many non-official members may be appointed under Section 4(2-A)(1)(m)?

Not more than two.

Who appoints the non-official members under Section 4(2-A)(1)(m)?

The State Government by notification.

What is the tenure of non-official members under Section 4(2-A)(1)(m)?

They shall hold office during the pleasure of the State Government.

How may a non-official member resign under the proviso to Section 4(2-A)(1)?

By writing under his hand addressed to the Chief Administrator.

When shall a non-official member be deemed to have vacated his membership under the proviso to Section 4(2-A)(1)?

On resignation being accepted.

What does Section 4(2-A)(2) provide regarding acts or proceedings of the State Authority?

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.

Whether existence of any vacancy invalidates acts or proceedings of the State Authority under Section 4(2-A)(2)?

No.

Whether defect in the constitution of the State Authority invalidates acts or proceedings under Section 4(2-A)(2)?

No.

What does Section 4(3) provide regarding the constitution of the Local Development Authority?

The Local Development 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 shall consist of specified members.

Who appoints the Chairman of the Local Development Authority under Section 4(3)(a)?

The State Government.

Who appoints the Vice-Chairman of the Local Development Authority under Section 4(3)(b)?

The State Government.

Who appoints the Secretary of the Local Development Authority under Section 4(3)(bb)?

The State Government.

Who shall be ex-officio member under Section 4(3)(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.

Who shall be ex-officio member under Section 4(3)(d)?

The Secretary to the State Government incharge of the Department of Finance or any person nominated by him.

Who shall be ex-officio member under Section 4(3)(e)?

The Chief Town and Country Planner, Uttar Pradesh or any person nominated by him.

Who shall be ex-officio member under Section 4(3)(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.

Who shall be ex-officio member under Section 4(3)(g)?

The Mukhya Nagar Adhikari or any person nominated by him.

Who shall be ex-officio member under Section 4(3)(h)?

The District Magistrate of every district or any part of which is included in the development area or any person nominated by him.

How many members are to be elected under Section 4(3)(i)?

Four members.

Who elects the members under Section 4(3)(i)?

Sabhasads of the Municipal Corporation for the said city.

From whom are the members elected under Section 4(3)(i)?

From amongst themselves.

When shall a member elected under Section 4(3)(i) cease to hold office?

As soon as he ceases to be Sabhasad of the Municipal Corporation.

How many other members may be nominated by the State Government under Section 4(3)(j)?

Not exceeding three.

Who nominates other members under Section 4(3)(j)?

The State Government.

What does Section 4(4) provide regarding the appointment of the Vice-Chairman of the Local Development Authority?

The appointment of the Vice-Chairman of the Local Development Authority shall be whole time.

From whose funds shall the Vice-Chairman receive salaries and allowances under Section 4(5)?

From the funds of the Local Development Authority.

What is the Vice-Chairman entitled to receive under Section 4(5)?

Such salaries and allowances as may be determined by general or special order of the State Government.

By whom shall the conditions of service of the Vice-Chairman be determined under Section 4(5)?

By general or special order of the State Government.

Which members may depute an officer to attend meetings under Section 4(6)?

Members referred to in clause (c), clause (d), clause (e) or clause (f) of sub-section (3).

What is the minimum rank of officer that may be deputed by members referred to in clause (c) or clause (d) under Section 4(6)?

Not below the rank of Deputy Secretary in the department.

What is the minimum rank of officer that may be deputed by a member referred to in clause (e) under Section 4(6)?

Not below the rank of Town Planner.

What is the minimum rank of officer that may be deputed by a member referred to in clause (f) under Section 4(6)?

Not below the rank of Superintending Engineer.

What rights does a deputed officer have under Section 4(6)?

The right to take part in the proceedings of the meeting.

What voting right does a deputed officer have under Section 4(6)?

The right to vote.

What does Section 4(7) provide regarding the composition of the Local Development Authority for areas other than those mentioned in sub-section (3)?

The Local Development Authority shall consist of a Chairman, a Vice-Chairman and not less than five and not more than eleven other members.

What is the minimum number of other members in the Local Development Authority under Section 4(7)?

Not less than five.

What is the maximum number of other members in the Local Development Authority under Section 4(7)?

Not more than eleven.

Which body must be represented in the Local Development Authority under Section 4(7)?

Municipal Boards and Notified Area Committees having jurisdiction in the development area.

How many members from Municipal Boards and Notified Area Committees must be included under Section 4(7)?

At least one member.

Who determines the period of office of members under Section 4(7)?

The State Government by general or special order.

Who determines the terms and conditions of office of members under Section 4(7)?

The State Government by general or special order.

Who may resign under the proviso to Section 4(7)?

The Vice-Chairman or a member other than an ex-officio member of the authority.

How may resignation be tendered under the proviso to Section 4(7)?

By writing under his hand addressed to the State Government.

When shall the Vice-Chairman or member be deemed to have vacated office under the proviso to Section 4(7)?

On resignation being accepted.

What does Section 4(8) provide regarding acts or proceedings of the Authority?

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.

Whether existence of any vacancy invalidates acts or proceedings of the Local Development Authority under Section 4(8)?

No.

Whether defect in the constitution of the Local Development Authority invalidates acts or proceedings under Section 4(8)?

No.

What is the subject matter of Section 5 of the Act?

Staff of the Authority.

What power is conferred upon the State Government under Section 5(1)?

The State Government may by notification in the Gazette appoint suitable persons as the Chief Administrator, Additional Chief Administrator and the Finance Controller respectively of the State Authority.

How many persons may be appointed under Section 5(1)?

Three suitable persons.

Which officers may be appointed under Section 5(1)?

The Chief Administrator, Additional Chief Administrator and the Finance Controller of the State Authority.

Under which provision are the officers referred to in Section 5(1) provided?

Sub-section (2-A) of section 4.

What powers may the Chief Administrator, Additional Chief Administrator and Finance Controller exercise under Section 5(1)?

Such powers as may be prescribed by regulations or delegated to them by the State Authority.

What duties may the Chief Administrator, Additional Chief Administrator and Finance Controller perform under Section 5(1)?

Such duties as may be prescribed by regulations or delegated to them by the State Authority.

Subject to whose control and restrictions may appointments be made under Section 5(2)?

Such control and restrictions as may be determined by general or special order of the State Government.

Who may appoint other officers and employees under Section 5(2)?

The Chief Administrator or the Additional Chief Administrator of the State Authority.

For what purpose may officers and employees be appointed under Section 5(2)?

For the efficient performance of the functions of the State Authority.

What may the Chief Administrator or Additional Chief Administrator determine under Section 5(2)?

Designations and grades of officers and employees.

Who are entitled to receive salaries and allowances from the funds of the State Authority under Section 5(3)?

The Chief Administrator, Additional Chief Administrator, the Finance Controller and other officers and employees of the Authority.

From whose funds are salaries and allowances paid under Section 5(3)?

The funds of the State Authority.

By what are salaries, allowances and other conditions of service governed under Section 5(3)?

Regulations made in this behalf by the State Government.

Who may appoint the Secretary and Chief Accounts Officer of the Local Development Authority under Section 5(4)?

The State Government.

How many suitable persons may be appointed under Section 5(4)?

Two suitable persons.

Which officers may be appointed under Section 5(4)?

The Secretary and the Chief Accounts Officer of the Local Development Authority.

What powers may the Secretary and Chief Accounts Officer exercise under Section 5(4)?

Such powers as may be prescribed by regulations or delegated to them by the Authority or its Vice-Chairman.

What duties may the Secretary and Chief Accounts Officer perform under Section 5(4)?

Such duties as may be prescribed by regulations or delegated to them by the Authority or its Vice-Chairman.

Subject to whose control and restrictions may appointments be made under Section 5(5)?

Such control and restrictions as may be determined by general or special order of the State Government.

Who may appoint other officers and employees under Section 5(5)?

The Local Development Authority.

For what purpose may officers and employees be appointed under Section 5(5)?

For the efficient performance of its functions.

What may the Local Development Authority determine under Section 5(5)?

Designations and grades of officers and employees.

Who are entitled to receive salaries and allowances from the funds of the Local Development Authority under Section 5(6)?

The Secretary, the Chief Accounts Officer and other officers and employees of the Local Development Authority.

From whose funds are salaries and allowances paid under Section 5(6)?

The funds of the Local Development Authority.

By what are other conditions of service governed under Section 5(6)?

Regulations made in that behalf.

What is the subject matter of Section 5-A?

Creation of Development Authorities Centralized Services.

What overriding effect is given under Section 5-A(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 create one or more Development Authorities Centralized Services.

What power is conferred upon the State Government under Section 5-A(1)?

The State Government may at any time by notification create one or more Development Authorities Centralized Services.

For which posts may Development Authorities Centralized Services be created under Section 5-A(1)?

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.

What recruitment power is conferred upon the State Government under Section 5-A(1)?

The State Government may prescribe the manner and conditions of recruitment to such service.

What service-condition power is conferred upon the State Government under Section 5-A(1)?

The State Government may prescribe the terms and conditions of service of persons appointed to such service.

Who shall be absorbed upon creation of a Development Authorities Centralized Service under Section 5-A(2)?

A person serving on the posts included in such service immediately before such creation shall, unless he opts otherwise, be absorbed in such service.

Which persons are excluded from absorption under Section 5-A(2)?

A person governed by the U.P. Palika (Centralized) Services Rules, 1966 or serving on deputation.

When shall a person be finally absorbed under Section 5-A(2)(a)?

If he was already confirmed in his post.

When shall a person be provisionally absorbed under Section 5-A(2)(b)?

If he was holding temporary or officiating appointment.

Within what period may a person communicate option against absorption under Section 5-A(3)?

Within three months from the creation of such Development Authorities Centralized Service.

To whom must the option against absorption be communicated under Section 5-A(3)?

To the Government in the Housing Department.

What is the consequence under Section 5-A(3) if no option is communicated within three months?

He shall be deemed to have opted for final or provisional absorption, as the case may be, in such Centralized Service.

How shall suitability for final absorption be examined under Section 5-A(4)?

Suitability of a person absorbed provisionally shall be examined in the manner prescribed.

What is the consequence under Section 5-A(4) if a provisionally absorbed person is found suitable?

He shall be absorbed finally.

Whose services shall stand determined under Section 5-A(5)?

The services of an employee who opts against absorption or who is not found suitable for final absorption shall stand determined.

What rights are preserved under Section 5-A(5) despite determination of services?

The employee’s claim to any leave, pension, provident fund or gratuity to which he would have been entitled shall remain unaffected.

What compensation is payable under Section 5-A(5)(a) to a permanent employee?

An amount equal to three month’s salary from the Development Authority concerned.

What compensation is payable under Section 5-A(5)(b) to a temporary employee?

An amount equal to one month’s salary from the Development Authority concerned.

What is included within the term “salary” under the Explanation to Section 5-A(5)?

Salary includes dearness allowance, personal pay and special pay, if any.

What transfer power is conferred under Section 5-A(6)?

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

Who may exercise transfer power under Section 5-A(6)?

The State Government or any officer authorized by it in this behalf.

What is the subject matter of Section 6?

Advisory Council.

What power is conferred upon the State Government under Section 6(1)?

The State Government may, if it thinks fit, constitute an Advisory Council.

For what purpose may an Advisory Council be constituted under Section 6(1)?

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 connection with the administration of this Act as may be referred to it by the Authority.

Who may refer matters to the Advisory Council under Section 6(1)?

The Authority may refer matters relating to the planning of development or arising out of or in connection with the administration of this Act to the Advisory Council.

In respect of which development area shall the Advisory Council under Section 6(2) be constituted?

In respect of a development area referred to in sub-section (3) of section 4.

Who shall be the President of the Advisory Council under Section 6(2)(a)?

The Chairman of the Authority, ex-officio, shall be the President.

Which officers shall be ex-officio members under Section 6(2)(b)?

The Chief Town and Country Planner, Uttar Pradesh and the Chief Engineer, Local Self-Government Engineering Department, Uttar Pradesh shall be ex-officio members.

Who shall be the member under Section 6(2)(c) representing Medical and Health Services?

The Director, Medical and Health Services, Uttar Pradesh or his nominee who shall not be below the rank of a Deputy Director shall be an ex-officio member.

How many representatives of local authorities shall be included under Section 6(2)(d)?

Four representatives of the local authorities having jurisdiction within the limits of the development area shall be included.

How shall representatives of local authorities be elected under Section 6(2)(d)?

They shall be elected by their members from among themselves.

Who shall represent the Transport Department under Section 6(2)(e)?

The Transport Commissioner, Uttar Pradesh or his nominee who shall not be below the rank of Deputy Transport Commissioner shall be an ex-officio member.

Who shall represent the State Electricity Board under Section 6(2)(f)?

The Chairman, State Electricity Board, Uttar Pradesh or his nominee shall be an ex-officio member.

Which Members of Parliament and Legislative Assembly shall be members under Section 6(2)(g)?

All the members of the Houses of the People and the State Legislative Assembly whose constituencies include any part of the development area shall be members.

Which members shall be included under Section 6(2)(h)?

All members of the Council of States and the State Legislative Council who have their residence in the development area shall be members.

How many members may be nominated by the State Government under Section 6(2)(i)?

Three members may be nominated by the State Government.

Whose interests must be represented among nominated members under Section 6(2)(i)?

One member shall represent the interest of labour and one member shall represent the interest of industry and commerce in the development area.

What shall be deemed to be the place of residence under Section 6(3) for 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 the notification of his election or nomination, as the case may be.

For what period shall an elected member hold office under Section 6(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.

Whether an elected member under Section 6(4) is eligible for re-election?

An elected member under clause (d) of sub-section (2) shall be eligible for re-election.

When shall the term of an elected member come to an end under the proviso to Section 6(4)?

The 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.

How shall the Advisory Council for other development areas be constituted under Section 6(5)?

The Advisory Council in 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.

How often shall the Advisory Council meet under Section 6(6)?

The Advisory Council shall meet as and when called by the Chairman.

What minimum frequency of meetings is prescribed under the proviso to Section 6(6)?

Such meeting shall be held at least twice a year.

What is the subject matter of Section 7?

Objects of the Authority.

What is the primary object of the local development authority under Section 7?

The objects of the local development authority shall be to promote and secure the development of the development area according to plan.

What power relating to property is conferred upon the Authority under Section 7?

The Authority shall have the power to acquire, hold, manage and dispose of land and other property.

What operational powers are conferred upon the Authority under Section 7?

The Authority shall have the power to carry out building, engineering, mining and other operations.

What utility-related powers are conferred upon the Authority under Section 7?

The Authority shall have the power to execute works in connection with the supply of water and electricity.

What sanitation-related power is conferred upon the Authority under Section 7?

The Authority shall have the power to dispose of sewage.

What amenity-related powers are conferred upon the Authority under Section 7?

The Authority shall have the power to provide and maintain other services and amenities.

What residuary power is conferred upon the Authority under Section 7?

The Authority shall generally have the power to do anything necessary or expedient for purposes of development and for purposes incidental thereto.

What restriction is imposed by the proviso to Section 7?

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.

What is the subject matter of Section 7-A?

Functions of the State Development Authority.

What power is conferred upon the State Development Authority under Section 7-A(i) regarding development areas?

The State Development Authority may assess the necessity of declaring or notifying any areas in the State as development area.

What recommendation may be given by the State Development Authority under Section 7-A(i)?

The State Development Authority may give recommendation to the State Government regarding declaration or notification of areas as development area and recommend constitution of local development authorities for such areas.

What planning function is conferred upon the State Development Authority under Section 7-A(ii)?

The State Development Authority may prepare Master Plans and Zonal Plans through the Town and Country Planning Department or through outsourcing for planned development of notified development areas in the State.

How are Master Plans and Zonal Plans to be implemented under Section 7-A(ii)?

They shall be implemented through the local development authorities.

What power is conferred upon the State Development Authority under Section 7-A(iii) regarding amendment of old Master Plans?

The State Development Authority may examine proposals received from local development authorities for amendment in the old Master Plan and give its recommendations to the State Government.

What supervisory power is conferred upon the State Development Authority under Section 7-A(iv)?

The State Development Authority may review the works of various development authorities of the State and the Town and Country Planning Department and issue necessary directions to them.

What recommendation power is conferred upon the State Development Authority under Section 7-A(v)?

The State Development Authority may give recommendation to the State Government regarding distribution of works or determination of jurisdiction amongst local development authorities, Urban Local Bodies and Gram Panchayats in respect of plan sanctioning and enforcement in various notified areas.

What permission-related power is conferred upon the State Development Authority under Section 7-A(vi)?

The State Development Authority may grant permission for the plans in the notified or development areas as per the limits and norms prescribed by the State Government.

What enforcement power is conferred upon the State Development Authority under Section 7-A(vi)?

The State Development Authority may do supervision and enforcement of such projects through local development authorities or local bodies.

What project formulation power is conferred upon the State Development Authority under Section 7-A(vii)?

The State Development Authority may conceptualize and formulate projects of infrastructure development having inter-regional benefits in the State.

What funding power is conferred upon the State Development Authority under Section 7-A(vii)?

The State Development Authority may mobilize funds for infrastructure projects from the State Government, Central Government or through private investment.

How may infrastructure projects be implemented under Section 7-A(vii)?

The projects may be implemented by the State Development Authority itself or through local development authorities.

What land-related power is conferred upon the State Development Authority under Section 7-A(viii)?

The State Development Authority may acquire or collect land for the development of residential projects.

How may land acquired under Section 7-A(viii) be utilized?

Such land may be used for projects developed by the State Development Authority itself, by local development authorities or on the basis of Public Private Partnership.

What power relating to mega projects is conferred under Section 7-A(ix)?

The State Development Authority may explore opportunities of mega projects on Public Private Partnership which are in the interest of the State.

What facilitative powers are conferred under Section 7-A(ix)?

The State Development Authority may create favourable environment for mega projects and take all necessary steps for this purpose.

What guideline-making power is conferred under Section 7-A(x)?

The State Development Authority may prepare guidelines for local development authorities with regard to housing and infrastructure development works and ensure compliance.

What policy-related function is conferred under Section 7-A(xi)?

The State Development Authority may prepare a policy for the promotion of Low Cost Housing and give recommendation to the State Government in this regard.

What financial allocation power is conferred under Section 7-A(xii)?

The State Development Authority may 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.

What revisional power is conferred upon the State Development Authority under Section 7-A(xiii)?

The State Development Authority may sit in revision against the orders of the Chairman of local development authorities passed under this Act.

What residuary function is conferred upon the State Development Authority under Section 7-A(xiv)?

The State Development Authority may carry out such other functions as may be assigned to it by the State Government from time to time.

What is the subject matter of Section 7-B?

State Authority.

In whose name shall orders of the State Authority be passed under Section 7-B(1)?

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

Who are bound to carry out directions of the State Authority under Section 7-B(2)?

The Local Development Authority, the Chief Town and Country Planner of the Town and Country Planning Department, the Chairman or the Vice-Chairman of the Local Development Authority or any other officer designated or 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 by the State Authority.

For what purpose may directions be issued by the State Authority under Section 7-B(2)?

Directions may be issued for the efficient administration of this Act.

What disputes are referable to the State Government under Section 7-B(3)?

Any dispute arising in or in connection with the exercise of powers and discharge of functions by the State Authority, the Chairman or the Vice-Chairman of the Local Development Authority between the State Authority and any Local Development Authority or between two or more Local Development Authorities shall be referred to the State Government.

Whose decision shall be final under Section 7-B(3)?

The decision of the State Government on such dispute shall be final.

What revisional power is conferred upon the State Authority under Section 7-B(4)?

The State Authority may, at any time, either on its own motion or on an application made to it, call for the records of any case disposed of or order passed by the Local Development Authority or its Chairman.

For what purpose may records be called under Section 7-B(4)?

For the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued.

What powers may the State Authority exercise after calling records under Section 7-B(4)?

The State Authority may pass such order or issue such direction in relation thereto as it may think fit.

What procedural safeguard is provided in the proviso to Section 7-B(4)?

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

What is the effect of orders made by the State Authority under Section 7-B(5)?

Every order of the State Authority made in exercise of the powers conferred by this Act shall be final.

Can orders of the State Authority be questioned in court under Section 7-B(5)?

Every order of the State Authority made in exercise of the powers conferred by this Act shall not be called in question in any court.

CHAPTER III

Master Plan and Zonal Development Plan

What is the subject matter of Section 8?

Civil survey of and master plan for the development area.

Who shall prepare the master plan under Section 8(1)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority shall prepare the master plan.

In consultation with whom shall the master plan be prepared under Section 8(1)?

The master plan shall be prepared in consultation with the concerned Local Development Authority.

For which area is the master plan prepared under Section 8(1)?

The master plan shall be prepared for the development area.

Under whose direction shall the master plan be prepared under Section 8(1)?

The master plan shall be prepared as directed by the State Authority.

What shall the master plan define under Section 8(2)(a)?

The master plan shall define the various zones into which the development area may be divided for the purposes of development.

What shall the master plan indicate regarding land use under Section 8(2)(a)?

The master plan shall indicate the manner in which the land in each zone is proposed to be used whether by the carrying out thereon of development or otherwise.

What shall the master plan indicate regarding stages of development under Section 8(2)(a)?

The master plan shall indicate the stages by which any such development shall be carried out.

What function shall the master plan serve under Section 8(2)(b)?

The master plan shall serve as a basic pattern or framework within which the zonal development plans of the various zones may be prepared.

What additional provision may be made in the master plan under Section 8(3)?

The master plan may provide for any other matter which may be necessary for the proper development of the development area.

What id mentioned under section 8(4) regarding the master plan revision?

A master plan may be revised at the end of every ten years or earlier if the State Government so thinks fit.

What is the subject matter of Section 9?

Zonal Development Plans.

When shall preparation of zonal development plans commence under Section 9(1)?

Simultaneously with the preparation of the master plan or as soon as may be thereafter.

Who shall prepare the zonal development plans under Section 9(1)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority shall prepare the zonal development plans.

For how many zones shall zonal development plans be prepared under Section 9(1)?

A zonal development plan shall be prepared for each of the zones into which the development area may be divided.

What may a zonal development plan contain under Section 9(2)(a)?

A zonal development plan may contain a site-plan and use-plan for the development of the zone.

What details regarding land use may be shown under Section 9(2)(a)?

The zonal development plan may show the approximate locations and extents of land uses proposed in the zone.

For what purposes may land uses be shown under Section 9(2)(a)?

Land uses may be shown for public buildings, public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open spaces and other categories of public and private uses.

What standards may be specified in a zonal development plan under Section 9(2)(b)?

The zonal development plan may specify the standards of population density and building density.

What areas may be shown under Section 9(2)(c)?

Every area in the zone which may in the opinion of the Town and Country Planning Department or any other agency appointed or nominated by the State Authority be required or declared for development or redevelopment may be shown.

What provision regarding division of sites may be contained in a zonal development plan under Section 9(2)(d)(i)?

The zonal development plan may contain provisions regarding the division of any site into plots for the erection of buildings.

What provision regarding reservation of land may be contained under Section 9(2)(d)(ii)?

The zonal development plan may contain provisions regarding allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes.

What provision regarding townships or colonies may be contained under Section 9(2)(d)(iii)?

The zonal development plan may contain provisions regarding development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out.

What provision regarding erection of buildings may be contained under Section 9(2)(d)(iv)?

The zonal development plan may contain provisions regarding erection of buildings on any site and restrictions and conditions regarding open spaces to be maintained in or around buildings and the height and character of buildings.

What provision regarding alignment of buildings may be contained under Section 9(2)(d)(v)?

The zonal development plan may contain provisions regarding the alignment of buildings on any site.

What provision regarding architectural features may be contained under Section 9(2)(d)(vi)?

The zonal development plan may contain provisions regarding the architectural features of the elevation or frontage of any building to be erected on any site.

What provision regarding number of residential buildings may be contained under Section 9(2)(d)(vii)?

The zonal development plan may contain provisions regarding the number of residential buildings which may be erected on a plot or site.

What provision regarding amenities may be contained under Section 9(2)(d)(viii)?

The zonal development plan may contain provisions regarding the amenities to be provided in relation to any site or buildings on such site whether before or after erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided.

What provision regarding restrictions on erection of buildings may be contained under Section 9(2)(d)(ix)?

The zonal development plan may contain provisions regarding prohibitions or restrictions on erection of shops, workshops, warehouses, factories, buildings of a specified architectural feature or buildings designed for particular purposes in the locality.

What provision regarding maintenance of structures may be contained under Section 9(2)(d)(x)?

The zonal development plan may contain provisions regarding maintenance of walls, fences, hedges or other structural or architectural constructions and the height at which they shall be maintained.

What provision regarding use of sites may be contained under Section 9(2)(d)(xi)?

The zonal development plan may contain provisions regarding restrictions on the use of any site for purposes other than erection of buildings.

What residuary provision may be contained in a zonal development plan under Section 9(2)(d)(xii)?

The zonal development plan may contain provisions regarding any other matter necessary for proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

What is the subject matter of Section 10?

Submission of plans to the State Government for approval.

What is meant by the term “plan” under Section 10(1)?

The word “plan” means the master plan as well as the zonal development plan for a zone.

For the purposes of which sections does the definition of “plan” under Section 10(1) apply?

The definition applies for the purposes of sections 10, 11, 12, 14 and 16.

Who shall submit every plan to the State Authority under Section 10(2)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority shall submit every plan to the State Authority.

When shall every plan be submitted under Section 10(2)?

Every plan shall, as soon as may be after its preparation, be submitted to the State Authority.

To whom shall the State Authority submit the plan under Section 10(2)?

The State Authority shall submit the plan to the State Government for approval.

What powers are conferred upon the State Government under Section 10(2) regarding approval of plans?

The State Government may approve the plan without modification, approve it with such modifications as it may consider necessary or reject the plan.

What directions may be issued by the State Government upon rejection of a plan under Section 10(2)?

The State Government may reject the plan with directions to the State Authority for getting a fresh plan prepared according to such directions

What is the subject matter of Section 11?

Procedure to be followed in the preparation and approval of plan.

What must be done before finally preparing and submitting any plan to the State Government under Section 11(1)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority shall prepare a draft plan.

How shall the draft plan be published under Section 11(1)?

The draft plan shall be published by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by regulations made in that behalf.

For what purpose is notice published under Section 11(1)?

The notice shall invite objections and suggestions from any person with respect to the draft plan.

Up to what time may objections and suggestions be submitted under Section 11(1)?

Objections and suggestions may be submitted before such date as may be specified in the notice.

To whom must reasonable opportunity be given under Section 11(2)?

Reasonable opportunity shall be given to every local authority within whose local limits any land touched by the plan is situated.

For what purpose is opportunity given under Section 11(2)?

Opportunity is given to make representations with respect to the plan.

What must be considered under Section 11(3) before final preparation of the plan?

All objections, suggestions and representations received by the Town and Country Planning Department or any other agency appointed or nominated by the State Authority must be considered.

What shall be done after considering objections, suggestions and representations under Section 11(3)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority shall finally prepare the plan.

To whom shall the finally prepared plan be submitted under Section 11(3)?

The plan shall be submitted to the State Authority for onward submission to the State Government.

With what shall the plan be submitted to the State Government under Section 11(3)?

The plan shall be submitted with the recommendation and observation of the State Authority, if any.

For what purpose is the plan submitted to the State Government under Section 11(3)?

The plan is submitted for approval.

What power is conferred upon the State Government under Section 11(4)?

The State Government may direct the Town and Country Planning Department or any other agency appointed or nominated by the State Authority to furnish such information as may be required for approval of any plan.

For what purpose may information be required under Section 11(4)?

Information may be required for the purpose of approving any plan submitted to the State Government under this section.

What is the subject matter of Section 12?

Date of commencement of plan.

What shall be done immediately after approval of a plan by the State Government under Section 12?

The State Authority and the concerned Local Development Authority shall publish a notice stating that a plan has been approved.

In what manner shall the notice be published under Section 12?

The notice shall be published in such manner as the State Government may specify.

What shall the notice under Section 12 contain regarding inspection of the plan?

The notice shall name a place where a copy of the plan may be inspected at all reasonable hours.

When shall the plan come into operation under Section 12?

The plan shall come into operation upon the date of first publication of the notice stating that the plan has been approved.

CHAPTER III-A

Arterial Roads in Development Area

What is the subject matter of Section 12-A?

Maintenance and improvement of façade of certain buildings abutting arterial roads.

Which buildings are covered under Section 12-A(1)?

Buildings occupied wholly for non-residential purposes or partly residential and partly non-residential abutting an arterial road are covered.

What duty is imposed upon occupiers under Section 12-A(1)?

Occupiers shall repair, white-wash, colour-wash or paint the façade of the building at their own cost.

In accordance with what must façade work be done under Section 12-A(1)?

The work must be done in accordance with bye-laws made in that behalf.

When may the Authority act under Section 12-A(2)?

The Authority may act to ensure symmetry with a colour scheme or specification or where the occupier fails to comply with sub-section (1).

What power does the Authority have under Section 12-A(2)?

The Authority may require the work to be carried out by itself or under its direction.

Can the Authority recover expenses under Section 12-A(2)?

Yes, the Authority may require the occupier to pay the cost of such work.

How shall cost be calculated under Section 12-A(3)?

Cost shall be calculated on a “no profit no loss” basis.

Who decides disputes regarding reasonableness of cost under Section 12-A(3)?

The State Government decides such disputes.

What is the finality clause under Section 12-A(3)?

Subject to the decision of the State Government, the order of the Authority shall be final and shall not be questioned in any court.

What is the effect of non-payment under Section 12-A(4)?

The unpaid cost of work shall be recoverable as arrears of land revenue.

On whose certificate is recovery made under Section 12-A(4)?

Recovery is made on the certificate of the Vice-Chairman.

What does “arterial road” mean under the Explanation to Section 12-A?

“Arterial road” means a road as assigned in the bye-laws.

Who is an “occupier” under Section 12-A?

An occupier is the person in actual occupation or use of the building.

Does the owner fall within the meaning of occupier under Section 12-A?

Yes, the owner in occupation is included within the meaning of occupier.

Who is included within “owner” under Section 12-A?

Owner includes an agent, trustee, receiver, sequestrator, manager appointed by a court, or mortgagee with possession.

Is a tenant included within the meaning of occupier under Section 12-A?

Yes, a tenant paying or liable to pay rent is included.

Is a rent-free grantee or licensee included within the meaning of occupier under Section 12-A?

Yes, a rent-free grantee or licensee is included.

Is a person liable for damages for unauthorized occupation included within the meaning of occupier under Section 12-A?

Yes, such person is included within the meaning of occupier.

CHAPTER IV

Amendment of the Master Plan and Zonal Development Plan

What is the subject matter of Section 13?

Amendment of plan.

What amendment power is conferred upon the Town and Country Planning Department or other agency under Section 13(1)?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority may make amendments in the master plan or the zonal development plan as it thinks fit.

What type of amendments may be made under Section 13(1)?

Amendments which in the opinion of the Town and Country Planning Department or other agency do not effect important alterations in the character of the plan and do not relate to the extent of land uses or the standards of population density may be made.

What amendment power is conferred upon the State Government under Section 13(2)?

The State Government may make amendments in the master plan or the zonal development plan whether such amendments are of the nature specified in sub-section (1) or otherwise.

What publication requirement is prescribed under Section 13(3) before making amendments in the plan?

The Town and Country Planning Department or any other agency appointed or nominated by the State Authority or the State Government shall publish a notice in at least one newspaper having circulation in the development area.

For what purpose is notice published under Section 13(3)?

The notice shall invite objections and suggestions from any person with respect to the proposed amendments.

Up to what time may objections and suggestions be submitted under Section 13(3)?

Objections and suggestions may be submitted before such date as may be specified in the notice.

What duty is imposed after receipt of objections and suggestions under Section 13(3)?

All objections and suggestions received by the Authority or the State Government shall be considered.

How shall amendments made under Section 13 be published under Section 13(4)?

Every amendment made under this section shall be published in such manner as the Town and Country Planning Department or other agency appointed or nominated by the State Authority or the State Government may specify.

When shall amendments come into operation under Section 13(4)?

The amendment shall come into operation either on the date of the first publication or on such other date as the Town and Country Planning Department or other agency appointed or nominated by the State Authority or the State Government may fix.

What reporting duty is imposed under Section 13(5)?

When the Town and Country Planning Department or any other agency appointed or nominated by the State Authority makes any amendment under sub-section (1), it shall report to the State Authority full particulars of such amendments.

Within what period must amendments be reported under Section 13(5)?

Full particulars of amendments shall be reported within thirty days of the date on which the amendments come into operation.

What question may be referred to the State Government under Section 13(6)?

Any question whether the proposed amendments effect important alterations in the character of the plan or whether they relate to the extent of land uses or the standards of population density may be referred to the State Government.

Whose decision shall be final under Section 13(6)?

The decision of the State Government shall be final.

How shall references to master plan or zonal development plan be construed under Section 13(7)?

Any reference in any other Chapter except Chapter III to the master plan or zonal development plan shall be construed as reference to the master plan or zonal development plan as amended under this section.

CHAPTER V

Development of Lands

What is the subject matter of Section 14?

Development of land in the developed area.

What restriction is imposed under Section 14(1) after declaration of an area as development area?

No development of land shall be undertaken, carried out or continued in that area by any person or body including a department of Government unless permission for such development has been obtained in writing.

From whom must permission be obtained under Section 14(1)?

Permission must be obtained in writing from the Vice-Chairman of the concerned Local Development Authority, person or officer designated to perform functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority or Local Authority under this Act, or the State Authority, as the case may be.

In accordance with what must permission under Section 14(1) be obtained?

Permission must be obtained in accordance with the provisions of this Act.

What restriction is imposed under Section 14(2) after coming into operation of plans in a development area?

No development shall be undertaken, carried out or continued in that area unless such development is also in accordance with such plans.

To whom must information be given under Section 14(3)(a) before development by Government department or local authority?

Information must be given in writing to the Vice-Chairman of the concerned Local Development Authority, person or officer designated to perform functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority or Local Authority under this Act, or the State Authority, as the case may be.

What particulars must be furnished under Section 14(3)(a)?

Full particulars including any plans and documents relating to the proposed development must be furnished.

Within what period must information be given under Section 14(3)(a)?

Information must be given at least thirty days before undertaking such development.

What must the Vice-Chairman or designated authority do under Section 14(3)(b) if there is no objection to proposed development by Government department?

The Vice-Chairman or designated authority shall inform the department within three weeks from the date of receipt of the department’s intention.

What is the consequence under Section 14(3)(b) if no objection is made within three weeks?

The department shall be free to carry out the proposed development.

On what grounds may objections be raised under Section 14(3)(c)?

Objections may be raised on the ground that the development is not in conformity with any master plan or zonal development plan prepared or intended to be prepared or on any other ground.

What option is available under Section 14(3)(c)(i) after objections are raised?

Necessary modifications may be made in the proposal for development to meet the objections raised.

What alternative option is available under Section 14(3)(c)(ii) after objections are raised?

The proposals for development together with the objections raised may be submitted to the State Government for decision.

What powers are conferred upon the State Government under Section 14(3)(d)?

The State Government may approve the proposals with or without modification or direct the department or local authority to make such modifications as proposed by the Government.

What is the effect of the decision of the State Government under Section 14(3)(d)?

The decision of the State Government shall be final.

What development may be completed without compliance of sub-sections (1) and (2) under Section 14(3)(e)?

Development of any land begun by any department or, subject to section 59, by any local authority before the declaration referred to in sub-section (1) may be completed without compliance with sub-sections (1) and (2).

What is the subject matter of Section 15?

Application for permission.

Who is required to make an application under Section 15(1)?

Every person or body other than any department of Government or any local authority desiring to obtain permission referred to in section 14 shall make an application.

To whom shall an application under Section 15(1) be made?

The application shall be made to the Vice-Chairman of the concerned Local Development Authority, person or officer designated to perform the functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority or Local Authority under this Act, or the State Authority, as the case may be.

In what form shall an application under Section 15(1) be made?

The application shall be made in writing in such form as may be prescribed by bye-laws.

What particulars must be contained in an application under Section 15(1)?

The application shall contain such particulars in respect of the development to which the application relates as may be prescribed by bye-laws.

What must accompany every application under Section 15(2)?

Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules.

What fees may be levied under Section 15(2-A)?

The Local Development Authority or the State Authority shall be entitled to levy development fees, mutation charges, stacking fees and water fees.

In what manner and at what rates may fees be levied under Section 15(2-A)?

Fees may be levied in such manner and at such rates as may be prescribed.

When does the Authority become entitled to levy special amenity fee under Section 2-B?

The Authority becomes entitled to levy special amenity fee where the State Government declares its intention to undertake one or more special amenity projects in any development area.

Who is entitled to levy special amenity fee under Section 2-B?

The Authority is entitled to levy special amenity fee.

In what manner may special amenity fee be levied under Section 2-B?

Special amenity fee shall be levied in such manner as the State Government may specify by notification in the Gazette.

At what rate may special amenity fee be levied under Section 2-B?

Special amenity fee shall be levied at such rate as the State Government may specify by notification in the Gazette.

How shall the State Government specify the manner and rate of special amenity fee under Section 2-B?

The State Government shall specify the manner and rate by notification in the Gazette.

What amount shall be credited to the Special Amenities Development Fund under the proviso to Section 2-B?

The additional amount levied and collected as a result of levy of special amenity fee shall be credited to the Special Amenities Development Fund.

Under which provision is the Special Amenities Development Fund established as referred to in the proviso to Section 2-B?

The Special Amenities Development Fund is established under section 20-A of the Act.

For what purpose shall the amount credited to the Special Amenities Development Fund be utilized under the proviso to Section 2-B?

The amount shall be utilized solely for the purpose of one or more special amenity projects.

In what manner shall the amount credited to the Special Amenities Development Fund be utilized under the proviso to Section 2-B?

The amount shall be utilized in such manner as may be notified by the State Government from time to time.

What is provided in the proviso to Section 15(2-A) regarding stacking fees?

The amount of stacking fees levied in respect of an area which is not being developed or has not been developed by the Local Development Authority or the State Authority shall be transferred to the local authority within whose local limits such area is situated.

What power is conferred under Section 15(3) on receipt of an application for permission?

The Vice-Chairman of the concerned Local Development Authority, person or officer designated to perform the functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority or Local Authority under this Act, or the State Authority, as the case may be, may after making such inquiry as it considers necessary pass an order in writing either granting or refusing permission.

What inquiry may be conducted under Section 15(3)?

Such inquiry as the Vice-Chairman, designated person or officer, or the State Authority considers necessary in relation to any matter may be conducted.

In what manner shall permission be granted or refused under Section 15(3)?

Permission shall be granted or refused by an order in writing.

How may permission be granted under Section 15(3)?

Permission may be granted subject to such conditions, if any, as may be specified in the order.

What procedural safeguard is provided in the proviso to Section 15(3)?

Before making an order refusing permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.

What opportunity may be given to the applicant under the second proviso to Section 15(3)?

The Vice-Chairman of the concerned Local Development Authority, person or officer designated to perform the functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority or Local Authority under this Act, or the State Authority, as the case may be, may before passing any order on the application give an opportunity to the applicant to make corrections therein.

What additional particulars may be required under the second proviso to Section 15(3)?

The applicant may be required to supply any further particulars or documents.

What deficiency may be permitted to be rectified under the second proviso to Section 15(3)?

The applicant may be permitted to make good any deficiency in the requisite fee.

For what purpose may opportunity be given under the second proviso to Section 15(3)?

Opportunity may be given with a view to bringing the application in conformity with the relevant rules or regulations.

What power regarding deposit of fees and charges is conferred under the third proviso to Section 15(3)?

Before granting permission referred to in section 14, the Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority may get the fees and charges levied under sub-section (2-A) deposited.

What must be done when permission is refused under Section 15(4)?

The grounds of refusal shall be recorded in writing and communicated to the applicant.

Who may file an appeal under Section 15(5)?

Any person aggrieved by an order under sub-section (4) may file an appeal.

To whom shall an appeal under Section 15(5) be made?

The appeal shall be made to the Chairman.

Within what period shall an appeal under Section 15(5) be filed?

The appeal shall be filed within thirty days from the communication of the order.

What opportunity must be given before deciding an appeal under Section 15(5)?

An opportunity of hearing shall be given to the appellant and, if necessary, also to the representative of the Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority, as the case may be.

What powers may be exercised by the Chairman under Section 15(5)?

The Chairman may either dismiss the appeal or direct the Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority, as the case may be, to grant the permission applied for.

How may permission be directed to be granted under Section 15(5)?

Permission may be directed to be granted with such modifications or subject to such conditions, if any, as may be specified.

What duty is imposed under Section 15(6)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority, as the case may be, shall keep a register of applications for permission under this section.

In what form shall the register under Section 15(6) be maintained?

The register shall be maintained in such form as may be prescribed by regulations.

What particulars shall be contained in the register under Section 15(7)?

The register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations.

Who may inspect the register under Section 15(7)?

Any member of the public may inspect the register.

When may the register be inspected under Section 15(7)?

The register shall be available for inspection at all reasonable hours.

On payment of what fee may inspection be made under Section 15(7)?

Inspection may be made on payment of such fee not exceeding rupees five as may be prescribed by regulations.

What is the effect of refusal of permission under Section 15(8)?

Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission.

What power regarding refund is conferred under Section 15(8)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority, as the case may be, may direct refund of such portion of the fee as it may deem proper in the circumstances of the case.

Within what period must an application for refund be made under Section 15(8)?

The application for refund shall be made within three months of the communication of the grounds of refusal under sub-section (4).

On what basis may refund be directed under Section 15(8)?

Refund may be directed of such portion of the fee as may be deemed proper in the circumstances of the case.

When may permission granted under Section 15(3) be cancelled under Section 15(9)?

Permission may be cancelled if the Vice-Chairman of the concerned Local Development Authority, designated person or officer, or the State Authority is satisfied that such permission was granted in consequence of any material misrepresentation or any fraudulent statement or information furnished.

What requirement must be complied with before cancellation under Section 15(9)?

Reasons for cancellation shall be recorded in writing.

What is the effect of cancellation of permission under Section 15(9)?

Any work done under such permission shall be deemed to have been done without such permission.

What procedural safeguard is provided in the proviso to Section 15(9)?

Permission shall not be cancelled without affording to the person or body concerned a reasonable opportunity of being heard.

What is the subject matter of Section 15-A?

Completion certificate.

What duty is imposed under Section 15-A(1) after grant of permission under Section 15(3)?

Every person or body having been granted permission under sub-section (3) of section 15 shall complete the development according to the approved plan.

What notice is required under Section 15-A(1) after completion of development?

A notice in writing of such completion shall be sent to the Local Development Authority or the State Authority, as the case may be.

What certificate must be obtained under Section 15-A(1)?

A completion certificate must be obtained from the Local Development Authority or the State Authority, as the case may be.

In what manner shall completion certificate be obtained under Section 15-A(1)?

The completion certificate shall be obtained in the manner prescribed or provided in the bye-laws of the Authority.

What is provided in the proviso to Section 15-A(1) regarding deemed grant of completion certificate?

If the completion certificate is not granted and refusal to grant it is not intimated within three months after receipt of the notice of completion, it shall be deemed that the completion certificate has been granted.

What restriction is imposed under Section 15-A(2) regarding occupation or use of commercial buildings?

No person shall occupy or permit to be occupied any commercial building or use or permit to be used such building or part thereof affected by any work until the conditions specified in clauses (a) or (b) are fulfilled.

What condition is specified under Section 15-A(2)(a) for occupation or use of commercial building?

Completion certificate has been issued by the Local Development Authority or the State Authority, as the case may be.

What condition is specified under Section 15-A(2)(b) for occupation or use of commercial building?

The Local Development Authority or the State Authority, as the case may be, has failed for three months after receipt of the notice of completion to intimate refusal of grant of the completion certificate.

What is the meaning of “commercial building” under the Explanation to Section 15-A?

The expression “commercial building” shall have the meaning assigned to it in the Uttar Pradesh Municipal Corporation Act, 1959.

What is the subject matter of Section 16?

Uses of land and buildings in contravention of plans.

What restriction is imposed under Section 16 after coming into operation of plans in a zone?

No person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan.

What is permitted under the proviso to Section 16?

It shall be lawful to continue to use any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.

Subject to what conditions may existing use continue under the proviso to Section 16?

Existing use may continue upon such terms and conditions as may be prescribed by bye-laws made in that behalf.

CHAPTER VI

Acquisition and Disposal of Land

What is the subject matter of Section 17?

Compulsory acquisition of land.

When may land be acquired under Section 17(1)?

If in the opinion of the State Government any land is required for the purpose of development or for any other purpose under this Act.

Under which law may land be acquired under Section 17(1)?

The State Government may acquire such land under the provisions of the Land Acquisition Act, 1894.

Who may apply for restoration of acquired land under the proviso to Section 17(1)?

Any person from whom land has been acquired may apply for restoration of that land.

After what period may application for restoration be made under the proviso to Section 17(1)?

The application may be made after the expiration of five years from the date of acquisition.

On what ground may restoration of land be sought under the proviso to Section 17(1)?

Restoration may be sought on the ground that the land has not been utilized within the period for the purpose for which it was acquired.

What must the State Government do if satisfied regarding non-utilization under the proviso to Section 17(1)?

The State Government shall order restoration of the land.

On what condition shall land be restored under the proviso to Section 17(1)?

Restoration shall be made on repayment of the charges incurred in connection with the acquisition together with interest at the rate of twelve percent per annum and such development charges, if any, as may have been incurred after acquisition.

What power is conferred upon the State Government under Section 17(2) after taking possession of acquired land?

The State Government may transfer the land to the State Authority, any Local Development Authority or any local authority.

For what purpose may land be transferred under Section 17(2)?

The land may be transferred for the purpose for which it was acquired.

When may land be transferred under Section 17(2)?

The land may be transferred after the State Government has taken possession of the land.

On what payment may land be transferred under Section 17(2)?

Transfer may be made on payment by the State Authority, Local Development Authority or local authority of the compensation awarded under the Land Acquisition Act and the charges incurred by the Government in connection with the acquisition.

What is the subject matter of Section 17-A?

Land Bank of State Authority.

What power is conferred upon the State Authority under Section 17-A?

The State Authority shall have the power to create its own Land Bank.

How may the State Authority create its Land Bank under Section 17-A(a)?

The State Authority may create its Land Bank through the State Government under the Land Acquisition Act.

How may the State Authority create its Land Bank under Section 17-A(b)?

The State Authority may create its Land Bank through surplus land received from the State Government.

How may the State Authority create its Land Bank under Section 17-A(c)?

The State Authority may create its Land Bank through the Land Acquisition or Pooling Policy of the development authorities.

How may the State Authority create its Land Bank under Section 17-A(d)?

The State Authority may create its Land Bank through purchase of land from any private person, agency or company, whether private or public.

What is the subject matter of Section 17-B?

Disposal of land by the State Authority.

What power is conferred upon the State Authority under Section 17-B(1)?

The State Authority may dispose of or transfer land in the manner provided under clauses (a), (b) and (c).

To whom may land from the land bank be transferred under Section 17-B(1)(a)?

Land from the land bank may be transferred to any Local Development Authority, company, agency or person, whether private or public.

For what purpose may land be transferred under Section 17-B(1)(a)?

Land may be transferred for providing affordable housing to the weaker sections of society.

What type of land may be disposed of under Section 17-B(1)(b)?

Any land acquired by the State Government and transferred to the State Authority without carrying out any development thereon may be disposed of.

What type of developed land may be disposed of under Section 17-B(1)(c)?

Any land after carrying out such development as the State Authority thinks fit may be disposed of.

To whom may developed land be transferred under Section 17-B(1)(c)?

Developed land may be transferred to any Local Development Authority, any local authority or such persons as the State Authority considers expedient.

In what manner may land be transferred under Section 17-B(1)(c)?

Land may be transferred in such manner and subject to such terms and conditions as the State Authority considers expedient.

For what purpose may land be transferred under Section 17-B(1)(c)?

Land may be transferred for securing the development according to plan.

What restriction is imposed under Section 17-B(2) regarding disposal of land by the State Authority?

Nothing in this Act shall be construed as enabling the State Authority to dispose of land by way of gift.

How shall references to disposal of land be construed under Section 17-B(2)?

References to disposal of land shall be construed as references to disposal thereof in any manner whether by way of sale, exchange, lease or by creation of any easement, right, privilege or otherwise.

What overriding provision is contained in Section 17-B(3)?

Notwithstanding anything contained in sub-section (2), the State Authority may create a mortgage or charge over land.

Over what property may mortgage or charge be created under Section 17-B(3)?

Mortgage or charge may be created over such land including any building thereon.

In whose favour may mortgage or charge be created under Section 17-B(3)?

Mortgage or charge may be created in favour of the Life Insurance Corporation of India, the Housing and Urban Development Corporation, a banking company or any other financial institution approved by the State Government.

How may financial institutions be approved under Section 17-B(3)?

Financial institutions may be approved by general or special order of the State Government.

What is the subject matter of Section 18?

Disposal of land by the authority or the local authority concerned.

Subject to what condition may the Authority or local authority dispose of land under Section 18(1)?

The Authority or the local authority concerned may dispose of land subject to any directions given by the State Government in this behalf.

What type of undeveloped land may be disposed of under Section 18(1)(a)?

Any land acquired by the State Government and transferred to the Authority or local authority without undertaking or carrying out any development thereon may be disposed of.

What type of developed land may be disposed of under Section 18(1)(b)?

Any such land after undertaking or carrying out such development as the Authority or local authority thinks fit may be disposed of.

To whom may land be disposed of under Section 18(1)?

Land may be disposed of to such persons as the Authority or local authority considers expedient.

In what manner may land be disposed of under Section 18(1)?

Land may be disposed of in such manner and subject to such terms and conditions as the Authority or local authority considers expedient.

For what purpose may land be disposed of under Section 18(1)?

Land may be disposed of for securing the development of the development area according to plan.

What restriction is imposed under Section 18(2) regarding disposal of land?

Nothing in this Act shall be construed as enabling the Authority or the local authority concerned to dispose of land by way of gift.

How shall references to disposal of land be construed under Section 18(2)?

References to disposal of land shall be construed as references to disposal thereof in any manner whether by way of sale, exchange, lease or by creation of any easement, right, privilege or otherwise.

What overriding provision is contained in Section 18(3)?

Notwithstanding anything contained in sub-section (2), the Authority or the local authority concerned may create a mortgage or charge over such land including any building thereon.

In whose favour may mortgage or charge be created under Section 18(3)?

Mortgage or charge may be created in favour of the Life Insurance Corporation of India, the Housing and Urban Development Corporation, a banking company as defined in the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 or any other financial institution approved by the State Government.

How may financial institutions be approved under Section 18(3)?

Financial institutions may be approved by general or special order of the State Government.

When may lease be forfeited under Section 18(4)?

Where vacant land has been disposed of by way of lease for making constructions within the stipulated time with right of forfeiture and re-entry and the lessee fails without sufficient reason to make the constructions or a substantial portion thereof within the stipulated time or extended time.

What right must exist in the lease under Section 18(4)?

The lease must contain a right of forfeiture of the lease and re-entry upon failure to make constructions within the stipulated time.

What power is conferred upon the lessor under Section 18(4)?

The lessor may, subject to the provisions of sub-section (4-A), forfeit the lease and re-enter upon the land.

What procedural safeguard is provided in the proviso to Section 18(4)?

No forfeiture and re-entry shall be made unless the lessee has been allowed reasonable opportunity to show cause against the proposed action.

When shall charge be realized under Section 18(4-A)?

Where a lessee fails to make construction within the stipulated time and extended time, if any, so that the total period from the date of lease exceeds five years, a charge shall be realized every year from him by the lessor.

At what rate shall charge be realized under Section 18(4-A)?

Charge shall be realized at the rate of two percent of the prevailing market value of the concerned land.

What is the consequence under Section 18(4-A) if a further period of five years elapses after imposition of charge?

The lease shall stand forfeited and the lessor shall re-enter upon the land.

What special provision is contained in the proviso to Section 18(4-A)?

Where the period of five years expired before commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 or expires within one year after such commencement, the charge shall be realizable after one year from the date of such commencement.

What amount shall be refunded upon forfeiture and re-entry under Section 18(5)?

The premium paid by the lessee for the land shall be refunded without any interest.

What deductions may be made from the refunded premium under Section 18(5)(a)?

The amount due to the lessor under the lease may be deducted.

What deduction may be made for administrative expenses under Section 18(5)(b)?

A sum equivalent to five percent of the premium may be deducted for administrative expenses.

Who may file an appeal under Section 18(6)?

Any person aggrieved by an order under sub-section (4) may file an appeal.

Within what period may appeal be preferred under Section 18(6)?

Appeal may be preferred within thirty days from the date of knowledge of the order.

To whom shall appeal lie under Section 18(6)?

Appeal shall lie to the District Judge.

What is the effect of the decision of the District Judge under Section 18(6)?

The decision of the District Judge shall be final.

How may land re-entered after forfeiture be disposed of under Section 18(7)?

The land re-entered upon after forfeiture of lease may be disposed of in accordance with the provisions of sub-sections (1) and (2).

What is the subject matter of Section 19?

Nazul lands.

What power is conferred upon the State Government under Section 19(1)?

The State Government may by notification in the Gazette place at the disposal of the Authority all or any developed and undeveloped lands vested in the State in the development area.

What are nazul lands under Section 19(1)?

Developed and undeveloped lands vested in the State in the development area are known as nazul lands.

Upon what basis may nazul lands be placed at the disposal of the Authority under Section 19(1)?

Nazul lands may be placed at the disposal of the Authority upon such terms and conditions as may be agreed upon between the State Government and the Authority.

For what purpose may nazul lands be placed at the disposal of the Authority under Section 19(1)?

Nazul lands may be placed at the disposal of the Authority for the purpose of development in accordance with the provisions of this Act.

What restriction is imposed under Section 19(2) after nazul land is placed at the disposal of the Authority?

No development of such nazul land shall be undertaken or carried out except by or under the control and supervision of the Authority.

How shall nazul land be dealt with after development under Section 19(3)?

Nazul land developed by or under the control and supervision of the Authority shall be dealt with by the Authority in accordance with directions given by the State Government.

What must the Authority do if nazul land is required by the State Government under Section 19(4)?

The Authority shall by notification in the Gazette replace the nazul land at the disposal of the State Government.

Upon what basis shall nazul land be replaced at the disposal of the State Government under Section 19(4)?

Nazul land shall be replaced upon such terms and conditions as may be agreed upon between the State Government and the Authority.

CHAPTER VII

Finance, Accounts and Audit

What is the subject matter of Section 20?

Fund of the Authority.

What financial power is conferred upon the Local Development Authority under Section 20(1)?

The Local Development Authority shall have and maintain its own fund.

What money shall be credited to the fund under Section 20(1)(a)?

All moneys received by the Local Development Authority from the State Government by way of grants, loans, advances or otherwise shall be credited to the fund.

What borrowed money shall be credited to the fund under Section 20(1)(b)?

All moneys borrowed by the Local Development Authority from sources other than the State Government by way of loans or debentures shall be credited to the fund.

What receipts under the Act shall be credited to the fund under Section 20(1)(c)?

All fees, tolls and charges received by the Local Development Authority under this Act shall be credited to the fund.

What property-related receipts shall be credited to the fund under Section 20(1)(d)?

All moneys received by the Local Development Authority from disposal of lands, buildings and other movable and immovable properties shall be credited to the fund.

What other receipts shall be credited to the fund under Section 20(1)(e)?

All moneys received by the Local Development Authority by way of rents and profits or in any other manner or from any other sources shall be credited to the fund.

For what purpose shall the fund be applied under Section 20(2)?

The fund shall be applied towards meeting the expenses incurred by the Local Development Authority in the administration of this Act.

For what purpose shall the fund not be applied under Section 20(2)?

The fund shall not be applied for any purpose other than meeting the expenses incurred in the administration of this Act.

What banking power is conferred upon the Local Development Authority under Section 20(3)?

Subject to any directions of the State Government, the Local Development Authority may keep in current account of any Scheduled Bank such sum of money out of its fund as it may think necessary for meeting its expected current requirements.

What investment power is conferred upon the Local Development Authority under Section 20(3)?

The Local Development Authority may invest any surplus money in such manner as it thinks fit.

Subject to what condition may the State Government make grants, advances and loans under Section 20(4)?

The State Government may make grants, advances and loans after due appropriation made by Legislature by law in that behalf.

For what purpose may grants, advances and loans be made under Section 20(4)?

Grants, advances and loans may be made for the performance of the functions of the Authority under this Act.

On what basis shall grants, loans and advances be made under Section 20(4)?

All grants, loans and advances shall be made on such terms and conditions as the State Government may determine.

What borrowing power is conferred upon the Local Development Authority under Section 20(5)?

The Local Development Authority may borrow money by way of loans or debentures from sources other than the State Government.

Subject to what condition may money be borrowed under Section 20(5)?

Money may be borrowed on such terms and conditions as may be approved by the State Government.

What duty is imposed upon the Local Development Authority under Section 20(6)?

The Local Development Authority shall maintain a sinking fund for repayment of moneys borrowed under sub-section (5).

What annual payment obligation is imposed under Section 20(6)?

The Local Development Authority shall pay every year into the sinking fund such sum as may be sufficient for repayment within the fixed period of all moneys so borrowed.

For what purpose shall the sinking fund be applied under Section 20(7)?

The sinking fund or any part thereof shall be applied in or towards the discharge of the loan for which such fund was created.

What restriction is imposed on application of the sinking fund under Section 20(7)?

Until the loan is wholly discharged, the sinking fund shall not be applied for any other purpose.

What contribution obligation is imposed upon the Local Development Authority under Section 20(8)?

The Local Development Authority shall contribute a fixed proportion of its net income to the State Authority.

Who shall decide the fixed proportion of contribution under Section 20(8)?

The fixed proportion shall be decided by the State Authority.

What power is conferred upon the State Authority under Section 20(9)?

The State Authority shall decide the quantum of the fund to be allocated from the funds collected under sub-section (8).

Among whom shall funds be allocated under Section 20(9)?

The funds shall be allocated amongst the Local Development Authorities created under section 4 of this Act.

What is the subject matter of Section 20-A of the Act?

Special Amenities Development Fund.

When shall the State Government direct establishment of the Special Amenities Development Fund under Section 20-A(1)?

The State Government shall direct establishment of the fund where it declares its intention to undertake one or more special amenity projects in any development area.

Who shall establish and maintain the Special Amenities Development Fund under Section 20-A(1)?

The concerned Authority shall establish and maintain the Special Amenities Development Fund.

What is the name of the separate fund under Section 20-A(1)?

The separate fund shall be called the Special Amenities Development Fund.

What proceeds shall be credited to the Special Amenities Development Fund under Section 20-A(1)?

The proceeds specified in clauses (a) and (b) shall be credited to the fund.

What money shall be credited to the Special Amenities Development Fund under Section 20-A(1)(a)?

Money collected as special amenity fee under section 15(2-B) shall be credited to the fund.

What money shall be credited to the Special Amenities Development Fund under Section 20-A(1)(b)?

Money collected on account of any other fees or charges in relation to the special amenity shall be credited in such proportion and manner as specified by the State Government.

How shall the State Government specify the proportion and manner under Section 20-A(1)(b)?

The State Government shall specify the proportion and manner by notification in the Gazette.

For what purpose shall the Special Amenities Development Fund be utilized under Section 20-A(2)?

The fund shall be utilized solely for the financial sustainability of the concerned special amenity project or projects.

How shall the fund be utilized under Section 20-A(2)?

The fund shall be utilized in such manner as the State Government may specify by notification in the Gazette.

What duty is imposed on the State Government under Section 20-A(3)?

The State Government shall constitute a Board for administration of each Special Amenities Development Fund.

How shall the Board under Section 20-A(3) be constituted?

The Board shall be constituted by notification.

For what purpose is the Board constituted under Section 20-A(3)?

The Board is constituted for administration of each Special Amenities Development Fund.

Who shall be the members of the Board under Section 20-A(3)?

The members shall consist of the Chairman of the concerned Authority, the Vice-Chairman of the concerned Authority and a representative of the project implementation agency of the special amenity project.

Who is included as a member of the Board under Section 20-A(3)(a)?

The Chairman of the concerned Authority is a member of the Board.

Who is included as a member of the Board under Section 20-A(3)(b)?

The Vice-Chairman of the concerned Authority is a member of the Board.

Who is included as a member of the Board under Section 20-A(3)(c)?

A representative of the project implementation agency of the special amenity project in the concerned development area is a member of the Board.

What is the subject matter of Section 21?

Budget of the Authority.

What duty is imposed upon the Local Development Authority under Section 21?

The Local Development Authority shall prepare a budget every year.

In what form shall the budget be prepared under Section 21?

The budget shall be prepared in such form as the State Government may specify.

At what time shall the budget be prepared under Section 21?

The budget shall be prepared at such time every year as the State Government may specify.

For which financial year shall the budget be prepared under Section 21?

The budget shall be prepared in respect of the financial year next ensuing.

What particulars shall the budget under Section 21 contain?

The budget shall show the estimated receipts and expenditure of the Authority.

What is the subject matter of Section 21-A?

Budget of the State Authority.

What duty is imposed upon the State Authority under Section 21-A?

The State Authority shall prepare a budget every year.

In what form shall the budget be prepared under Section 21-A?

The budget shall be prepared in such form as the State Government may specify.

At what time shall the budget be prepared under Section 21-A?

The budget shall be prepared at such time every year as the State Government may specify.

For which financial year shall the budget be prepared under Section 21-A?

The budget shall be prepared in respect of the financial year next ensuing.

What particulars shall the budget under Section 21-A contain?

The budget shall show the estimated receipts and expenditure of the State Authority.

What is the subject matter of Section 22?

Account and audit.

What duty is imposed under Section 22(1) regarding accounts?

The Local Development Authority and State Authority, as the case may be, shall maintain proper accounts and other relevant records.

What statement is required to be prepared under Section 22(1)?

An annual statement of accounts including the balance-sheet shall be prepared.

In what form shall the annual statement of accounts be prepared under Section 22(1)?

The annual statement of accounts shall be prepared in such forms as the State Government may specify.

By whom shall the accounts be audited under Section 22(2)?

The accounts of the Local Development Authority and State Authority, as the case may be, shall be audited annually by the Examiner, Local Fund Accounts.

What alternative audit arrangement is provided in the proviso to Section 22(2)?

The State Government may entrust the audit to the Accountant General, Uttar Pradesh, the Comptroller and Auditor General of India or any other auditor.

On what basis may audit be entrusted under the proviso to Section 22(2)?

Audit may be entrusted on such terms and conditions, in such manner, for such period and at such times as may be agreed upon between the auditor and the State Government.

What shall be the rights and privileges of the Examiner, Local Fund Accounts under Section 22(3)(i)?

The rights and privileges shall be the same as he has in connection with the audit of accounts of a local authority.

What shall be the rights and privileges of the Accountant General or Comptroller and Auditor General under Section 22(3)(ii)?

The rights and privileges shall be the same as they have in connection with the audit of Government accounts.

What shall be the rights and privileges of any other auditor under Section 22(3)(iii)?

The rights and privileges shall be as prescribed.

What specific rights are conferred upon the auditor under Section 22(3)?

The auditor shall have the right to demand production of books, accounts, connected vouchers, papers and other documents and to inspect the office of the Authority.

What shall be forwarded to the State Government under Section 22(4)?

The accounts of the Local Development Authority and State Authority, as certified by the Auditor or any person appointed by him together with the audit report thereon, shall be forwarded to the State Government.

When shall accounts and audit reports be forwarded under Section 22(4)?

Accounts and audit reports shall be forwarded annually or at such times as may be directed by the State Government.

What power is conferred upon the State Government under Section 22(4)?

The State Government may issue such directions to the Authority as it may deem fit.

What duty is imposed upon the Authority under Section 22(4)?

The Authority shall be bound to comply with the directions issued by the State Government.

Who shall bear audit expenditure under Section 22(5)?

Any expenditure incurred by the Auditor in connection with the audit shall be payable by the Local Development Authority and State Authority, as the case may be.

To whom shall audit expenditure be payable under Section 22(5)?

Audit expenditure shall be payable to the Auditor.

What is the subject matter of Section 23?

Annual Report.

What duty is imposed upon the Local Development Authority and State Authority under Section 23?

The Local Development Authority and State Authority, as the case may be, shall prepare for every year a report of its activities during that year.

To whom shall the annual report be submitted under Section 23?

The annual report shall be submitted to the State Government.

In what form shall the annual report be submitted under Section 23?

The annual report shall be submitted in such form as the State Government may specify.

By what time shall the annual report be submitted under Section 23?

The annual report shall be submitted on or before such date as the State Government may specify.

What shall be done with the annual report under Section 23?

The annual report shall be laid before both Houses of the Legislature.

What is the subject matter of Section 24?

Pension and Provident Funds.

What power is conferred upon the Local Development Authority and State Authority under Section 24(1)?

The Local Development Authority and State Authority may constitute such pension or provident funds as they may deem fit.

For whose benefit may pension or provident funds be constituted under Section 24(1)?

Pension or provident funds may be constituted for the benefit of whole-time paid members, officers and other employees.

In what manner may pension or provident funds be constituted under Section 24(1)?

Pension or provident funds may be constituted in such manner and subject to such conditions as the State Government may specify.

What declaration may be made by the State Government under Section 24(2)?

The State Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to such funds.

How shall the Provident Funds Act, 1925 apply under Section 24(2)?

The provisions of the Provident Funds Act, 1925 shall apply as if the fund were a Government Provident Fund.

CHAPTER VIII

Supplemental and Miscellaneous Provisions

What is the subject matter of Section 25?

Power of entry.

Who may authorize entry under Section 25?

The Vice-Chairman of the Authority may authorize any person to enter into or upon any land or building.

With whom may entry be made under Section 25?

Entry may be made with or without assistants or workmen.

For what purpose may inquiry, inspection or survey be conducted under Section 25(a)?

Entry may be made for making any inquiry, inspection, measurement or survey or taking levels of land or building.

For what purpose may works and drains be examined under Section 25(b)?

Entry may be made for examining works under construction and ascertaining the course of sewers and drains.

What sub-soil related power is conferred under Section 25(c)?

Entry may be made for digging or boring into the sub-soil.

For what purpose may boundaries and lines be set out under Section 25(d)?

Entry may be made for setting out boundaries and intended lines of work.

What acts may be done under Section 25(e)?

Levels, boundaries and lines may be marked by placing marks and cutting trenches.

For what purpose may land be inspected under Section 25(f)?

Entry may be made for ascertaining whether any land is being or has been developed in contravention of the master plan, zonal development plan, without permission under section 14 or in contravention of conditions of permission.

What residuary power is conferred under Section 25(g)?

Entry may be made for doing any other thing necessary for efficient administration of this Act.

At what time may entry be made under proviso (i) to Section 25?

No entry shall be made except between the hours of sunrise and sunset.

What notice requirement is prescribed under proviso (i) to Section 25?

Reasonable notice shall be given to the occupier or, if there is no occupier, to the owner of the land or building.

What safeguard is provided for women under proviso (ii) to Section 25?

Sufficient opportunity shall be given in every instance to enable women, if any, to withdraw from the land or building.

What regard must be had under proviso (iii) to Section 25?

Due regard shall be had, so far as compatible with the exigencies of the purpose of entry, to the social and religious usages of the occupants of the land or building entered.

What is the subject matter of Section 26?

Penalties.

What acts constitute offence under Section 26(1)?

Undertaking or carrying out development of any land in contravention of the master plan, zonal development plan, without permission, approval or sanction referred to in section 14 or in contravention of conditions subject to which such permission, approval or sanction has been granted constitutes an offence.

Who may commit offence under Section 26(1)?

Any person acting at his own instance or at the instance of any other person or body including a department of Government may commit the offence.

What punishment is prescribed under Section 26(1)?

The offender shall be punishable with fine which may extend to fifty thousand rupees.

What punishment is prescribed for continuing offence under Section 26(1)?

In the case of a continuing offence, further fine which may extend to two thousand five hundred rupees for every day during which the offence continues after conviction for the first commission of the offence may be imposed.

What acts constitute offence under Section 26(2)?

Using any land or building in contravention of section 16 or in contravention of terms and conditions prescribed by regulations under the proviso to that section constitutes an offence.

What punishment is prescribed under Section 26(2)?

The offender shall be punishable with fine which may extend to twenty five thousand rupees.

What punishment is prescribed for continuing offence under Section 26(2)?

In the case of a continuing offence, further fine which may extend to one thousand two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence may be imposed.

What acts constitute offence under Section 26(3)?

Obstructing the entry of a person authorized under section 25 to enter into or upon any land or building or molesting such person after entry constitutes an offence.

What punishment is prescribed under Section 26(3)?

The offender 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.

What is the subject matter of Section 26-A?

Encroachment or obstruction on public land.

What act constitutes offence under Section 26-A(1)?

Making any encroachment on any land not being private property in a development area constitutes an offence.

Whether encroachment on land not vested in the Authority is punishable under Section 26-A(1)?

Encroachment on land not being private property is punishable whether such land belongs to or vests in the Authority or not.

What exception is provided under Section 26-A(1)?

Steps over drain in any public street are excepted from the offence under Section 26-A(1).

What punishment is prescribed under Section 26-A(1)?

The offender 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.

What is the nature of offence under Section 26-A(2)?

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

What acts constitute obstruction under Section 26-A(3)?

Placing or depositing building material or any other thing whatsoever or otherwise making obstruction in any street or land not being private property in a development area constitutes an offence.

Whether obstruction on land not vested in the Authority is punishable under Section 26-A(3)?

Obstruction is punishable whether such street or land belongs to or vests in the Authority or not.

What exceptions are provided under Section 26-A(3)?

Steps over drain in any public street and placing of building material during the permitted period on payment of stacking fees on a public street or public place are excepted.

What punishment is prescribed under Section 26-A(3)?

The offender 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.

When may notice be served under Section 26-A(4)?

If there are grounds to believe that a person has made any encroachment or obstruction on land in a development area which is not private property, notice may be served.

Who may serve notice under Section 26-A(4)?

The Authority or an officer authorized by it in this behalf may serve notice.

What shall the notice under Section 26-A(4) require?

The notice shall require the person making encroachment or obstruction to remove the encroachment or obstruction.

What minimum period must be specified in the notice under Section 26-A(4)?

The period specified in the notice shall not be less than fifteen days.

What power may be exercised after considering cause shown under Section 26-A(4)?

The Authority or authorized officer may order removal of the encroachment or obstruction.

What requirement must be complied with while ordering removal under Section 26-A(4)?

Reasons for removal shall be recorded in writing.

What protection is provided in the proviso to Section 26-A(4)?

Encroachment made on public land by a person belonging to weaker section on or before commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 shall not be removed until alternative land or accommodation is offered for rehabilitation.

In what manner shall rehabilitation be provided under the proviso to Section 26-A(4)?

Rehabilitation shall be provided in such manner and on such terms and conditions as may be prescribed.

Who is a person belonging to weaker section under Explanation (1)(a) to Section 26-A?

A person 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 under the Uttar Pradesh Municipal Corporation Act, 1959 or Municipal Area under the Uttar Pradesh Municipalities Act, 1916 is a person belonging to weaker section.

What livelihood requirement is prescribed under Explanation (1)(b) to Section 26-A?

The principal source of livelihood of the person must be manual labour including practice of any craft either by himself or members of his family.

Which persons are specifically included within weaker section under Explanation (1)(b) to Section 26-A?

A rickshaw-puller or scavenger is included within weaker section.

Which persons are excluded from weaker section under Explanation (1)(b) to Section 26-A?

A person assessed to income tax under the Income Tax Act, 1961, trade tax under the Uttar Pradesh Trade Tax Act, 1948 or sales tax under the Central Sales Tax Act, 1956 is excluded.

What is meant by “family” under Explanation (2) to Section 26-A?

Family means the husband or wife, as the case may be, and unmarried minor children of either or both of them.

What overriding provision is contained in Section 26-A(5)?

Notwithstanding anything contained in the foregoing provisions, the Authority or officer authorized by it shall have additional powers under this section.

What power of seizure or attachment is conferred under Section 26-A(5)?

The Authority or authorized officer may seize or attach any property found on the land referred to in this section or attached to such land or permanently fastened to anything attached to such land.

What duty is imposed upon the authorized officer under Section 26-A(6)?

Where any property is seized or attached, the officer shall immediately make a report of such seizure or attachment to the Authority.

What power regarding custody of seized or attached property is conferred under Section 26-A(7)?

The Authority may make such orders as it thinks fit for proper custody of the property seized or attached pending conclusion of proceedings.

When may seized or attached property be sold or otherwise disposed of under Section 26-A(7)?

If the property is subject to speedy and natural decay or if it is otherwise expedient so to do, the Authority may order it to be sold or otherwise disposed of.

How shall sale proceeds be dealt with under Section 26-A(8)?

Sale proceeds after deducting expenses of sale and incidental expenses shall be paid in the manner provided under clauses (a) and (b).

When shall sale proceeds be paid to the owner or concerned person under Section 26-A(8)(a)?

Sale proceeds shall be paid where no order of confiscation is ultimately passed by the Authority.

When shall sale proceeds be paid under Section 26-A(8)(b)?

Sale proceeds shall be paid where an order in appeal so requires.

To whom shall sale proceeds be paid under Section 26-A(8)?

Sale proceeds shall be paid to the owner of the property or the person from whom it is seized or attached.

What confiscation power is conferred upon the Authority under Section 26-A(9)?

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

What notice requirement is prescribed under Section 26-A(10)(a)?

No order of confiscation shall be made unless the owner or the person from whom the property is seized or attached is given notice in writing informing him of the grounds of proposed confiscation.

What representation opportunity is provided under Section 26-A(10)(b)?

The owner or concerned person shall be given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation.

What hearing opportunity is provided under Section 26-A(10)(c)?

The owner or concerned person shall be given a reasonable opportunity of being heard in the matter.

What is the effect of confiscation order under Section 26-A(11)?

An order of confiscation shall not prevent infliction of any punishment to which the person affected may be liable under the Act.

Who may file an appeal under Section 26-A(12)?

Any person aggrieved by an order made under sub-section (9) may file an appeal.

Within what period may appeal be filed under Section 26-A(12)?

Appeal may be filed within one month from the date of communication of the order.

To whom shall appeal lie under Section 26-A(12)?

Appeal shall lie to the District Judge.

What powers may be exercised by the District Judge under Section 26-A(13)?

The District Judge may confirm, modify or set aside the order appealed against.

What hearing requirement is prescribed under Section 26-A(13)?

Opportunity of being heard shall be given to the appellant and the respondent.

What interim power is conferred upon the District Judge under Section 26-A(13)?

Pending appeal, the District Judge may stay operation of the order on such terms as he thinks fit.

What is the subject matter of Section 26-B?

Claim for compensation for removal under section 26-A.

Who may prefer a claim under Section 26-B(1)?

Any person aggrieved by the removal of obstruction or encroachment under sub-section (4) of section 26-A may prefer a claim.

Within what period may claim be preferred under Section 26-B(1)?

Claim may be preferred within thirty days from the date of removal.

Before whom shall claim be preferred under Section 26-B(1)?

Claim shall be preferred before the Tribunal.

For what reliefs may claim be preferred under Section 26-B(1)?

Claim may be preferred for compensation or restitution or both.

Against whom may claim be preferred under Section 26-B(1)?

Claim may be preferred against the Authority or the officer ordering the removal or against both.

For what additional purpose may claim be preferred under Section 26-B(1)?

Claim may be preferred for making the officer personally liable for the loss caused due to the removal.

Who shall be the Tribunal under Section 26-B(2)?

The District Judge having territorial jurisdiction over the area in which removal of encroachment or obstruction took place shall be the Tribunal.

What is the effect of orders of the Tribunal under Section 26-B(3)?

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

What duty is imposed upon the Authority under the proviso to Section 26-B(3)?

Where compensation is awarded personally against an officer, the Authority shall realize the amount from the salary or other dues of the officer and pay it to the claimant.

What is the nature of proceedings before the Tribunal under Section 26-B(4)?

Proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 229 and 267 of the BNS.

What powers relating to attendance of persons are conferred upon the Tribunal under Section 26-B(5)(a)?

The Tribunal shall have power to summon and enforce attendance of persons and examine them on oath.

What evidentiary power is conferred upon the Tribunal under Section 26-B(5)(b)?

The Tribunal shall have power to receive evidence on affidavits.

What inspection and commission powers are conferred under Section 26-B(5)(c)?

The Tribunal may inspect immovable property or locality or issue commission for examination of witnesses, documents or local investigation.

What document-related power is conferred under Section 26-B(5)(d)?

The Tribunal may require discovery and production of documents.

What compromise-related power is conferred under Section 26-B(5)(e)?

The Tribunal may record lawful agreement, compromise or satisfaction and make orders accordingly.

What residuary power is conferred under Section 26-B(5)(f)?

The Tribunal shall have powers in respect of any other matter which may be prescribed.

What is the effect of the decision of the Tribunal under Section 26-B(6)?

The decision of the Tribunal shall be final.

What is the subject matter of Section 26-C?

Authority may, without notice, remove anything erected or deposited in contravention of Act.

Who may remove things without notice under Section 26-C?

The Authority or an officer authorized by it in this behalf may remove things without notice.

What structures may be removed under Section 26-C(a)?

Any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether permanent or temporary or any fixture may be removed.

Where must structures be erected for removal under Section 26-C(a)?

Structures erected or set up in, upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act may be removed.

What articles may be removed under Section 26-C(b)?

Any stall, chair, bench, box, ladder, bale, board, shelf or any other thing whatsoever may be removed.

What acts relating to articles attract removal under Section 26-C(b)?

Articles placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act may be removed.

What is the subject matter of Section 26-D?

Penalty for not preventing encroachment.

Who may commit offence under Section 26-D?

Whoever is specially entrusted with the duty to stop or prevent encroachment or obstruction under this Act or any other Act, rules or bye-laws may commit the offence.

What acts constitute offence under Section 26-D?

Willfully or knowingly neglecting or deliberately omitting to stop or prevent encroachment or obstruction constitutes an offence.

What punishment is prescribed under Section 26-D?

The offender 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.

What is the subject matter of Section 27?

Order of demolition of building.

When may action be taken under Section 27(1)?

Action may be taken where any development has been commenced, is being carried on or has been completed in contravention of the master plan, zonal development plan, without permission, approval or sanction under section 14 or in contravention of conditions subject to which such permission, approval or sanction has been granted.

Without prejudice to which provision may action be taken under Section 27(1)?

Action may be taken without prejudice to the provisions of section 26.

Who may pass demolition order under Section 27(1)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or any officer of the Authority empowered by him may pass the order.

What directions may be issued under Section 27(1)?

Direction may be issued that the development shall be removed by demolition, felling or otherwise.

Against whom may removal order be issued under Section 27(1)?

Removal order may be issued against the owner or the person at whose instance the development has been commenced, carried out or completed.

What period may be specified for removal under Section 27(1)?

The period specified shall not be less than fifteen days and not more than forty days from the date of delivery of the order.

What must accompany the order of removal under Section 27(1)?

A brief statement of reasons for the order shall accompany the order of removal.

What consequence follows failure to comply with removal order under Section 27(1)?

The Vice-Chairman, designated person or officer, or empowered officer may remove or cause to be removed the development.

How shall expenses of removal be recovered under Section 27(1)?

Expenses of removal certified by the Vice-Chairman, designated person or officer or empowered officer shall be recoverable as arrears of land revenue.

From whom shall expenses of removal be recoverable under Section 27(1)?

Expenses shall be recoverable from the owner or the person at whose instance the development was commenced, carried out or completed.

What bar of jurisdiction is provided under Section 27(1)?

No suit shall lie in the Civil Court for recovery of such expenses.

What procedural safeguard is provided in the proviso to Section 27(1)?

No order shall be made unless the owner or person concerned has been given a reasonable opportunity to show cause why the order should not be made.

Who may file an appeal under Section 27(2)?

Any person aggrieved by an order under sub-section (1) may file an appeal.

To whom shall appeal lie under Section 27(2)?

Appeal shall lie to the Chairman.

Within what period may appeal be filed under Section 27(2)?

Appeal may be filed within thirty days from the date of the order.

What powers may be exercised by the Chairman under Section 27(2)?

The Chairman may after hearing the parties allow or dismiss the appeal or reverse or vary any part of the order.

What hearing requirement is prescribed under Section 27(2)?

The Chairman shall hear the parties to the appeal before deciding it.

What interim power is conferred upon the Chairman under Section 27(3)?

The Chairman may stay execution of the order against which appeal has been filed.

What is the effect of the decision of the Chairman under Section 27(4)?

The decision of the Chairman on the appeal shall be final.

What is the status of the order under Section 27(1) after appeal under Section 27(4)?

Subject to the decision of the Chairman, the order under sub-section (1) shall be final.

What bar of jurisdiction is provided under Section 27(4)?

The order under sub-section (1) shall not be questioned in any court.

What is the effect of Section 27(5) on other demolition laws?

The provisions of this section shall be in addition to and not in derogation of any other law relating to demolition of buildings for the time being in force.

What is the subject matter of Section 28?

Power to stop development.

When may action be taken under Section 28(1)?

Action may be taken where development in a development area has been commenced or continued in contravention of the master plan, zonal development plan, without permission, approval or sanction under section 14 or in contravention of conditions subject to which such permission, approval or sanction has been granted.

Without prejudice to which provisions may action be taken under Section 28(1)?

Action may be taken without prejudice to the provisions of sections 26 and 27.

Who may issue order under Section 28(1)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or any officer empowered by him may issue the order.

What direction may be issued under Section 28(1)?

An order may be made requiring the development to be discontinued from the date of service of the order.

What is the effect of an order under Section 28(1)?

The order shall be complied with accordingly.

What power is conferred under Section 28(2) where development is not discontinued?

The Vice-Chairman, designated person or officer, or empowered officer may require any police officer to remove the person carrying on development and his assistants and workmen from the place of development.

Within what time shall removal be carried out under Section 28(2)?

Removal shall be carried out within such time as may be specified in the requisition.

What duty is imposed upon the police officer under Section 28(2)?

The police officer shall comply with the requisition accordingly.

What power is conferred under Section 28(3) after compliance with requisition?

The Vice-Chairman of the Authority may depute by written order a police officer or officer or employee of the Authority to watch the place.

For what purpose may a person be deputed under Section 28(3)?

A person may be deputed to ensure that the development is not continued.

What punishment is prescribed under Section 28(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 non-compliance continues after service of the order.

What compensation bar is provided under Section 28(5)?

No compensation shall be claimable for any damage sustained due to removal of development under section 27 or discontinuance of development under this section.

What is the relationship of Section 28 with other laws under Section 28(6)?

The provisions of this section shall be in addition to and not in derogation of other laws relating to stoppage of building operations for the time being in force.

What is the subject matter of Section 28-A?

Power to seal unauthorized development.

Who may exercise power of sealing under Section 28-A(1)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or an officer empowered by him may exercise the power.

When may sealing order be made under Section 28-A(1)?

Sealing order may be made at any time before or after making an order for removal or discontinuation of development under section 27 or section 28.

What order may be passed under Section 28-A(1)?

An order directing sealing of such development in a development area may be passed.

In what manner shall sealing be carried out under Section 28-A(1)?

Sealing shall be carried out in such manner as may be prescribed.

For what purpose may sealing order be passed under Section 28-A(1)?

Sealing order may be passed for carrying out the provisions of this Act.

Who may order removal of seal under Section 28-A(2)?

The Vice-Chairman of the concerned Local Development Authority, designated person or officer, or officer empowered by him may order removal of the seal.

For what purpose may seal be removed under Section 28-A(2)?

Seal may be removed for the purpose of removing or discontinuing the development.

What prohibition is contained in Section 28-A(3)?

No person shall remove the seal except under an order made under sub-section (2).

Under whose order may seal be removed under Section 28-A(3)?

Seal may be removed only under an order made by the Vice-Chairman, designated person or officer, or officer empowered by him.

Who may file appeal under Section 28-A(4)?

Any person aggrieved by an order under sub-section (1) or sub-section (2) may file an appeal.

To whom shall appeal lie under Section 28-A(4)?

Appeal shall lie to the Chairman.

Within what period shall appeal be filed under Section 28-A(4)?

Appeal shall be filed within thirty days from the date of the order.

What powers may be exercised by the Chairman under Section 28-A(4)?

The Chairman may after hearing the parties either allow or dismiss the appeal.

What is the effect of the decision of the Chairman under Section 28-A(5)?

The decision of the Chairman shall be final.

What is the subject matter of Section 29?

Conferment of other powers of the Authority.

When may powers under Section 29 be exercised?

Powers under Section 29 may be exercised after a master plan or zonal development plan has come into operation under section 12.

Who may exercise powers under Section 29?

The Development Authority or its Vice-Chairman may exercise such powers and functions.

What powers and functions may be exercised under Section 29?

Such other powers and functions exercisable by the local authority concerned or its Chief Executive Officer under the enactment constituting that local authority may be exercised.

Subject to what condition may powers be exercised under Section 29?

Powers and functions shall be subject to such exceptions or modifications as the State Government may specify.

How shall exceptions or modifications be specified under Section 29?

Exceptions or modifications shall be specified by notification in the Gazette.

What is the subject matter of Section 30?

Offences by companies.

Who shall be deemed guilty under Section 30(1) where a company commits an offence?

Every person who at the time of commission of the offence was in charge of and responsible to the company for conduct of its business, as well as the company, shall be deemed guilty.

What liability arises under Section 30(1)?

Such persons and the company shall be liable to be proceeded against and punished accordingly.

What defence is available under the proviso to Section 30(1)?

A person shall not be liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent commission of the offence.

What overriding provision is contained in Section 30(2)?

Notwithstanding anything contained in sub-section (1), additional liability may arise for officers of the company.

When shall directors and officers be deemed guilty under Section 30(2)?

Where the offence has been committed with their consent, connivance or due to their neglect, they shall be deemed guilty.

Which officers may be held liable under Section 30(2)?

Any Director, Manager, Secretary or other officer of the company may be held liable.

What is meant by “company” under Explanation (a) to Section 30?

Company means a body corporate and includes a firm or other association of individuals.

What is meant by “Director” in relation to a firm under Explanation (b) to Section 30?

Director in relation to a firm means a partner in the firm.

What is the subject matter of Section 31?

Fines when realized to be paid to the Authority.

To whom shall fines realized under Section 31 be paid?

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

What is the subject matter of Section 32?

Composition of offences.

Which offences may be compounded under Section 32(1)?

Any offence made punishable by or under this Act may be compounded.

When may offences be compounded under Section 32(1)?

Offences may be compounded either before or after institution of proceedings.

Who may compound offences under Section 32(1)?

The Vice-Chairman or any officer authorized by him by general or special order may compound offences.

On what terms may offences be compounded under Section 32(1)?

Offences may be compounded on such terms including payment of composition fee as the Vice-Chairman, designated person or officer or authorized officer may think fit.

What is the effect of compounding under Section 32(2)?

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

What is the subject matter of Section 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.

When may the Authority act under Section 33(1)?

The Authority may act if it is satisfied that any amenity has not been provided or any development has not been carried out in relation to land in a development area.

On what basis may the Authority form satisfaction under Section 33(1)?

Satisfaction may be formed after holding a local inquiry, upon report from its officers or on other information in its possession.

What omission relating to amenities attracts action under Section 33(1)?

Failure to provide any amenity which in the opinion of the Authority ought to have been or ought to be provided attracts action.

What omission relating to development attracts action under Section 33(1)?

Failure to carry out development for which permission, approval or sanction had been obtained under this Act or any law in force before commencement of this Act attracts action.

What opportunity must be given before passing order under Section 33(1)?

The owner of the land or person providing or responsible for providing the amenity shall be given a reasonable opportunity to show cause.

What direction may be issued under Section 33(1)?

The Authority may by order require the owner or responsible person to provide the amenity or carry out the development.

Within what period shall amenity or development be completed under Section 33(1)?

Amenity or development shall be completed within such time as may be specified in the order.

What power is conferred upon the Authority under Section 33(2) if amenity is not provided or development is not carried out within specified time?

The Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit.

What procedural safeguard is provided in the proviso to Section 33(2)?

Before taking action, the Authority shall afford a reasonable opportunity to the owner or responsible person to show cause why such action should not be taken.

What expenses are recoverable under Section 33(3)?

All expenses incurred by the Authority or agency in providing the amenity or carrying out the development together with interest are recoverable.

At what rate shall interest be recoverable under Section 33(3)?

Interest shall be recoverable at such rate as the State Government may by order fix.

From what date shall interest be calculated under Section 33(3)?

Interest shall be calculated from the date when demand for expenses is made until payment.

From whom may expenses be recovered under Section 33(3)?

Expenses may be recovered from the owner or the person providing or responsible for providing the amenity.

How shall expenses be recovered under Section 33(3)?

Expenses shall be recoverable as arrears of land revenue.

What bar of jurisdiction is provided under Section 33(3)?

No suit shall lie in the Civil Court for recovery of such expenses.

What overriding provision is contained in Section 33(4)?

Notwithstanding anything contained in the foregoing sub-sections, the Authority may itself provide amenities or carry out development in specified cases.

On whose representation may the Authority act under Section 33(4)?

The Authority may act on written representation by owners representing not less than one-half of the area of the land.

What satisfaction must be reached under Section 33(4)?

The Authority must be satisfied that amenities have not been provided or development has not been carried out though they ought to have been provided or carried out.

What development is referred to in Section 33(4)?

Development for which permission, approval or sanction had been obtained under this Act or any law in force before commencement of this Act is referred to.

What action may be taken under Section 33(4)?

The Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit.

How may expenses be recovered under Section 33(4)?

Expenses may be recovered by levy of cess from all owners of the land.

What must owners file under the first proviso to Section 33(4)?

Owners shall file a copy of the agreement, deed of transfer or bye-laws of the society incorporating the agreement.

When is filing of agreement required under the first proviso to Section 33(4)?

Filing is required where owners contend that the amenity or development had been agreed to be provided by a colonizer or co-operative housing society.

What notice requirement is prescribed under the first proviso to Section 33(4)?

Notice shall be given to the colonizer or society to show cause why action should not be taken.

When is notice not necessary under the second proviso to Section 33(4)?

No notice need be issued where the Authority is satisfied that the colonizer or society has become defunct or is not traceable.

What right is conferred upon the Authority under Section 33(4-A)?

Where the Authority provides any amenity in an area developed by it, the Authority shall be entitled to recover charges for such amenity.

Until when may charges be recovered under Section 33(4-A)?

Charges may be recovered until responsibility for maintenance is assumed by the local authority under section 34.

From whom may charges be recovered under Section 33(4-A)?

Charges may be recovered from the owner of the land or building.

In what manner shall charges be recovered under Section 33(4-A)?

Charges shall be recovered in the manner prescribed.

Who shall fix charges under Section 33(4-A)?

Charges shall be fixed by the State Government by notified order.

On what basis shall charges be fixed under Section 33(4-A)?

Charges shall be fixed having regard to the expenses incurred for maintaining and continuing to provide the amenity.

To what shall the cess under Section 33(5) be equivalent?

The cess shall be equivalent to the expenses incurred in providing the amenity or carrying out the development together with interest.

At what rate shall interest be payable under Section 33(5)?

Interest shall be payable at such rate as the State Government may by order fix.

From what date shall interest run under Section 33(5)?

Interest shall run from the date of completion of the work until payment.

How shall cess be assessed and levied under Section 33(5)?

Cess shall be assessed and levied on all owners of the land in proportion to the respective areas owned by them.

How shall cess be payable under Section 33(6)?

Cess shall be payable in such number of instalments and at such time and in such manner as the Authority may fix.

How shall arrears of cess be recovered under Section 33(6)?

Arrears of cess shall be recoverable as arrears of land revenue.

What bar of jurisdiction is provided under Section 33(6)?

No suit shall lie in the Civil Court for recovery of cess.

What shall be certified by the Authority under Section 33(7)?

Expenses incurred by the Authority or agency employed by it shall be certified by the Authority.

What is the effect of certificate and assessment under Section 33(7)?

The certificate of expenses and assessment of cess shall be final.

What right is conferred upon owners under Section 33(8)?

Owners may recover from the colonizer or society the cess payable by them under sub-section (4).

When may owners recover cess from colonizer or society under Section 33(8)?

Owners may recover cess where responsibility for providing the amenity or carrying out development rested with the colonizer or society under an agreement.

What is the subject matter of Section 34?

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

When may the Authority exercise powers under Section 34?

The Authority may exercise powers where any area has been developed by the Authority.

What may the Authority require from the local authority under Section 34?

The Authority may require the local authority to assume responsibility for maintenance and provision of amenities in the developed area.

Which local authority may be required to assume responsibility under Section 34?

The local authority within whose local limits the developed area is situated may be required to assume responsibility.

For maintenance of which amenities may responsibility be assumed under Section 34?

Responsibility may be assumed for maintenance of amenities provided in the area by the Authority.

For provision of which amenities may responsibility be assumed under Section 34?

Responsibility may be assumed for amenities not provided by the Authority but which in its opinion should be provided in the area.

On what basis shall responsibility be assumed under Section 34?

Responsibility shall be assumed on terms and conditions agreed upon between the Authority and the local authority.

What happens where terms and conditions cannot be agreed upon under Section 34?

The matter shall be referred by the Authority to the State Government.

How shall terms and conditions be settled where no agreement is reached under Section 34?

Terms and conditions shall be settled by the State Government in consultation with the local authority.

What is the subject matter of Section 35?

Power of Authority to levy betterment charges.

When may the Authority levy betterment charge under Section 35(1)?

The Authority may levy betterment charge where in its opinion the value of any property benefiting from execution of a development scheme has increased or will increase.

As a consequence of what may betterment charge be levied under Section 35(1)?

Betterment charge may be levied as a consequence of execution of a development scheme by the Authority in a development area.

Upon whom may betterment charge be levied under Section 35(1)?

Betterment charge may be levied upon the owner of the property or any person having an interest therein.

In respect of what may betterment charge be levied under Section 35(1)?

Betterment charge may be levied in respect of increase in value of the property resulting from execution of the development.

What exemption is provided in the first proviso to Section 35(1)?

No betterment charge shall be levied in respect of lands owned by Government.

What exception to Government exemption is provided in the second proviso to Section 35(1)?

Government land granted by lease or licence and buildings situated thereon shall be subject to betterment charge.

How is betterment charge determined under Section 35(2)?

Betterment charge shall be determined on the basis of increase in value of the property resulting from execution of the development scheme.

What shall be the betterment charge for property situated in a developed township or colony under Section 35(2)(i)?

Betterment charge shall be equal to one-third of the amount by which the value of the property increases.

What shall be the betterment charge for property situated outside the developed township, colony or area under Section 35(2)(ii)?

Betterment charge shall not exceed one-third of the amount by which the value of the property increases.

How shall value of property be estimated under Section 35(2)?

Value of the property shall be estimated as if the property were clear of buildings.

At what stage shall enhanced value be determined under Section 35(2)?

Enhanced value shall be determined on completion of execution of the development scheme.

With what shall the enhanced value be compared under Section 35(2)?

Enhanced value shall be compared with the value of the property prior to execution of the development scheme estimated in like manner.

What is the subject matter of Section 36?

Assessment of betterment charge by Authority.

When may the Vice-Chairman act under Section 36(1)?

The Vice-Chairman may act when a development scheme is sufficiently advanced to enable determination of betterment charge.

What declaration may be made under Section 36(1)?

The Vice-Chairman may declare that execution of the scheme shall be deemed to have been completed for determination of betterment charge.

To whom shall notice be given under Section 36(1)?

Notice shall be given to the owner of the property or any person having an interest therein.

What shall the notice under Section 36(1) state?

The notice shall state that the Vice-Chairman proposes to assess the betterment charge in respect of the property under section 34.

What duty is imposed upon the Vice-Chairman under Section 36(2)?

The Vice-Chairman shall assess the amount of betterment charge payable by the person concerned.

What opportunity must be given before assessment under Section 36(2)?

The person concerned shall be given an opportunity of being heard.

Within what period shall the person respond under Section 36(2)?

The person shall respond within three months from the date of receipt of notice of assessment.

What information must be given by the person concerned under Section 36(2)?

The person shall inform by written declaration whether he accepts or dissents from the assessment.

When does assessment become final under Section 36(3)?

Assessment becomes final when accepted by the person concerned within the specified period.

When shall the matter be determined by the Chairman under Section 36(4)?

The matter shall be determined by the Chairman where the person dissents from the assessment or fails to give information within the specified period.

What is the finality clause under Section 36(4)?

Determination by the Chairman shall not be questioned in any Court.

What is the subject matter of Section 37?

Finality of decision.

Subject to which exception does Section 37 operate?

Section 37 operates except as provided in section 7-B.

Which decisions are declared final under Section 37?

Every decision of the Chairman on appeal and subject to decision on further appeal, if any, the order of the Vice-Chairman or other officer under section 15 or section 27 are declared final.

What condition applies to finality of decision under Section 37?

Finality is subject only to any decision on appeal if appeal lies and is preferred.

Which orders are covered under Section 37?

Orders of the Vice-Chairman or other officer under section 15 or section 27 are covered.

What bar of jurisdiction is provided under Section 37?

Such decisions or orders shall not be questioned in any Court.

What is the subject matter of Section 37-A?

Bar of jurisdiction of Civil Courts.

What jurisdictional bar is created under Section 37-A(1)?

No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of matters cognizable by authorities empowered under this Act, rules or regulations.

Which matters are barred from Civil Court jurisdiction under Section 37-A(1)?

Matters the cognizance of which can be taken and disposed of by authorities empowered under this Act, rules or regulations are barred.

Against whom is suit barred under Section 37-A(2)?

No suit shall lie against the State Government or any State or Local Authority.

In respect of what are suits barred under Section 37-A(2)?

Suits are barred in respect of any matter covered by this Act.

Which proceedings stand transferred under Section 37-A(3)?

All suits, appeals, revisions, review applications and incidental or ancillary proceedings relating to matters covered under this Act stand transferred.

Whether proceedings under Order 39 CPC are included under Section 37-A(3)?

Proceedings under Order 39 of the First Schedule to the Code of Civil Procedure, 1908 are included.

Which revisions stand transferred under Section 37-A(3)?

Revisions arising out of interlocutory orders pending before courts subordinate to the High Court stand transferred.

From which courts shall proceedings stand transferred under Section 37-A(3)?

Proceedings pending before courts subordinate to the High Court shall stand transferred.

To whom shall proceedings stand transferred under Section 37-A(3)?

Proceedings shall stand transferred to the Chairman of the concerned Local Development Authority or the State Authority, as the case may be.

From which date shall transfer operate under Section 37-A(3)?

Transfer shall operate from the date of commencement of this Act.

How shall transferred cases be decided under Section 37-A(3)?

Cases shall be decided in the same manner as if instituted under sections 27 or 28 or section 7-B of this Act respectively.

What is provided in the proviso to Section 37-A(3)?

The Local Development Authority or the State Authority shall continue proceedings from the stage at which the case stood transferred.

Subject to which provisions shall proceedings continue under the proviso to Section 37-A(3)?

Proceedings shall continue subject to sections 27 or 28 or section 7-B of this Act respectively.

How shall transferred proceedings be treated under the proviso to Section 37-A(3)?

Proceedings shall continue with pleadings and oral or documentary evidence already produced as if they were presented or produced before the Authority.

What pleadings and evidence may be used under the proviso to Section 37-A(3)?

Any pleadings presented or oral or documentary evidence produced before the court may be used.

What is the subject matter of Section 38?

Payment of betterment charges.

How shall betterment charge be payable under Section 38(1)?

Betterment charge shall be payable in such number of instalments and at such time and in such manner as may be fixed by bye-laws.

Who fixes the manner of payment under Section 38(1)?

Bye-laws made in that behalf fix the number, time and manner of payment.

How shall arrears of betterment charge be recovered under Section 38(2)?

Arrears of betterment charge shall be recoverable as arrears of land revenue.

What bar of jurisdiction is provided under Section 38(2)?

No suit shall lie in the Civil Court for recovery of arrears of betterment charge.

What is the subject matter of Section 38-A?

Power of Local Development Authority to levy land use conversion charge and city development charge.

When may land use conversion charge be levied under Section 38-A(1)?

Land use conversion charge may be levied where land use of a particular land is changed due to amendment of Master Plan or Zonal Development Plan under Section 13 on request of the land owner.

Who may levy land use conversion charge under Section 38-A(1)?

The Local Development Authority may levy land use conversion charge.

Upon whom may land use conversion charge be levied under Section 38-A(1)?

Land use conversion charge may be levied upon the owner of such land.

In what manner and at what rates shall land use conversion charge be levied under Section 38-A(1)?

Land use conversion charge shall be levied in such manner and at such rates as may be prescribed.

What restriction is imposed in the first proviso to Section 38-A(1)?

Land use conversion charge shall not be recovered during consideration of the application for land use change.

What fee may be deposited during consideration of application under the first proviso to Section 38-A(1)?

Only such processing fee as prescribed by the Local Development Authority to meet expenses of examination and inviting objections in newspapers may be deposited.

When shall land use conversion charge be recovered under the first proviso to Section 38-A(1)?

Land use conversion charge shall be recovered only after the application is finally found acceptable.

At what stage shall land use conversion charge be recovered under the first proviso to Section 38-A(1)?

Land use conversion charge shall be recovered prior to final notification under sub-section (4) of Section 13.

When may city development charge be levied under Section 38-A(2)?

City development charge may be levied where a license has been granted to a private developer for assembly and development of land.

Who may levy city development charge under Section 38-A(2)?

The Authority may levy city development charge.

Upon whom may city development charge be levied under Section 38-A(2)?

City development charge may be levied upon the private developer of such land.

In what manner and at what rates shall city development charge be levied under Section 38-A(2)?

City development charge shall be levied in such manner and at such rates as may be prescribed by the State Government.

What is the subject matter of Section 38-B of the Act?

Power of the Authority to levy Urban Use Charge.

When is the Authority entitled to levy urban use charge under Section 38-B?

The Authority is entitled to levy urban use charge where the land use of a particular land is changed to higher use in a development area.

What kinds of land are excluded from levy of urban use charge under Section 38-B?

Roads, parks and open spaces, green belts and public amenities are excluded.

As a result of what actions may urban use charge be levied under Section 38-B?

Urban use charge may be levied as a result of revision of master plan under Section 8(4) or preparation of zonal development plan under Section 9.

According to what rules is higher land use determined under Section 38-B?

Higher land use is determined as specified in the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Land Use Conversion Charge) Rules, 2014.

Upon whom may urban use charge be levied under Section 38-B?

Urban use charge may be levied on the owner of the land.

At what stage may urban use charge be levied under Section 38-B?

Urban use charge may be levied at the time of granting permission under Section 15.

In what manner may urban use charge be levied under Section 38-B?

Urban use charge shall be levied in such manner as may be prescribed.

At what rates may urban use charge be levied under Section 38-B?

Urban use charge shall be levied at such rates as may be prescribed.

What exception is provided in the proviso to Section 38-B?

No urban use charge shall be levied where the master plan is prepared for the first time.

Upon whom shall no urban use charge be levied under the proviso to Section 38-B?

No urban use charge shall be levied upon the owner of the land.

What is the subject matter of Section 39-A?

Toll for amenities.

What power is conferred upon the Authority under Section 39-A?

The Authority may charge and collect toll for use of approach roads and other amenities.

From whom may toll be collected under Section 39-A?

Toll may be collected from visitors to notified places of popular resort within the development area.

For use of what facilities may toll be charged under Section 39-A?

Toll may be charged for use of approach roads and other amenities.

Which places may be notified under Section 39-A?

Places of popular resort including ancient and historical monuments within the development area may be notified.

At what rates and in what manner shall toll be charged under Section 39-A?

Toll shall be charged at such rates and in such manner as may be notified by the State Government.

What maximum limit is prescribed under proviso (a) to Section 39-A?

The rate of toll per visitor shall not exceed one thousand rupees.

What exemption power is conferred upon the State Government under proviso (b) to Section 39-A?

The State Government may exempt any class or classes of visitors from payment of toll.

What additional power is conferred upon the State Government under proviso (b) to Section 39-A?

The State Government may fix any day or days on which no toll shall be chargeable.

What is the subject matter of Section 40?

Mode of recovery of moneys due to Authority.

What kinds of money may be recovered under Section 40?

Money due on account of fees, charges, disposal of land, buildings or other movable or immovable property by way of rent, premium, profit or hire-purchase instalment may be recovered.

Whether recovery under Section 40 affects other modes of recovery?

Recovery under Section 40 is without prejudice to any other mode of recovery provided by or under this Act or any other law.

How may money be realized under Section 40(a)?

Money may be realized as arrears of land revenue upon a certificate of the amount due sent by the Authority to the Collector.

How may money be realized under Section 40(b)?

Money may be realized by attachment and sale of property in the manner provided in specified sections of the Uttar Pradesh Municipal Corporations Act, 1959.

Which sections of the Uttar Pradesh Municipal Corporations Act, 1959 apply under Section 40(b)?

Sections 504, 505, 506, 507, 508, 509, 510, 512, 513 and 514 apply.

How shall provisions of the Uttar Pradesh Municipal Corporations Act apply under Section 40(b)?

The provisions shall apply mutatis mutandis to recovery of dues of an Authority as they apply to recovery of tax due to a Municipal Corporation.

How shall references to “Mukhya Nagar Adhikari” be construed under Section 40(b)?

Reference to “Mukhya Nagar Adhikari” shall be construed as reference to “Vice-Chairman”.

How shall references to “Corporation” be construed under Section 40(b)?

Reference to “Corporation” shall be construed as reference to “Development Authority”.

How shall references to “Executive Committee” be construed under Section 40(b)?

Reference to “Executive Committee” shall be construed as reference to “Chairman”.

What restriction is imposed in the proviso to Section 40?

No two or more modes of recovery shall be commenced or continued simultaneously.

What is the subject matter of Section 41?

Control by State Government.

Who shall carry out directions of the State Government under Section 41(1)?

The State Authority or the Local Development Authority, the Chairman or the Vice-Chairman shall carry out directions of the State Government.

For what purpose may directions be issued under Section 41(1)?

Directions may be issued for the efficient administration of this Act.

What disputes are covered under Section 41(2)?

Disputes arising in or in connection with exercise of powers and discharge of functions under this Act are covered.

Between whom may disputes arise under Section 41(2)?

Disputes may arise between the State Authority, Local Authority, two Local Authorities, their Chairmen, Vice-Chairmen or other appointed or designated persons or officers under section 4(1-A).

What is the effect of the decision of the State Government under Section 41(2)?

The decision of the State Government on such dispute shall be final.

What finality clause is provided under Section 41(4)?

Every order of the State Government made in exercise of powers conferred by this Act shall be final.

What bar of jurisdiction is created under Section 41(4)?

Orders of the State Government shall not be called in question in any court.

What is the subject matter of Section 42?

Returns and inspections.

What duty is imposed upon the Authority under Section 42(1)?

The Authority shall furnish reports, returns and other information to the State Government.

What kind of information may be required under Section 42(1)?

Such reports, returns and other information as the State Government may from time to time require may be required.

What additional power is conferred under Section 42(2)?

The State Government or authorized officer may call for reports, returns and other information regarding implementation of the master plan.

From whom may information be called under Section 42(2)?

Information may be called from the Authority or the local authority concerned.

What power of entry is conferred under Section 42(3)?

Authorized persons may enter into or upon any land with or without assistants or workmen.

For what purpose may entry be made under Section 42(3)?

Entry may be made for ascertaining whether provisions of the master plan are being or have been implemented or whether development is being or has been carried out in accordance with the plan.

At what time may entry be made under Section 42(4)?

Entry shall not be made except between the hours of sunrise and sunset.

What notice requirement is prescribed under Section 42(4)?

Reasonable notice shall be given to the occupier or, if there is no occupier, to the owner of the land or building.

What is the subject matter of Section 43?

Services of notices, etc.

What documents are covered under Section 43(1)?

All notices, orders and other documents required by this Act or rules or regulations made thereunder are covered.

When shall documents be deemed duly served under Section 43(1)?

Documents shall be deemed duly served in the manner provided under this section unless otherwise provided in this Act or rules or regulations.

How shall service be effected where the person is a company under Section 43(1)(a)?

The document shall be addressed to the secretary of the company at its registered office or principal office or place of business.

How may documents be served upon a company under Section 43(1)(a)(i)?

Documents may be sent by registered post.

How may documents be served upon a company under Section 43(1)(a)(ii)?

Documents may be delivered at the registered office or principal office or place of business of the company.

How shall service be effected where the person is a firm under Section 43(1)(b)?

The document shall be addressed to the firm at its principal place of business identifying it by the name or style under which its business is carried on.

How may documents be served upon a firm under Section 43(1)(b)(i)?

Documents may be sent by registered post.

How may documents be served upon a firm under Section 43(1)(b)(ii)?

Documents may be delivered at the principal place of business of the firm.

How shall service be effected where the person is a public body, corporation, society or other body under Section 43(1)(c)?

The document shall be addressed to the secretary, treasurer or other chief officer at its principal office.

How may documents be served upon a public body, corporation, society or other body under Section 43(1)(c)(i)?

Documents may be sent by registered post.

How may documents be served upon a public body, corporation, society or other body under Section 43(1)(c)(ii)?

Documents may be delivered at its principal office.

How shall service be effected in cases other than company, firm or public body under Section 43(1)(d)?

The document shall be addressed to the person to be served.

How may documents be served personally under Section 43(1)(d)(i)?

The document may be given or tendered to the person.

How may service be effected where the person cannot be found under Section 43(1)(d)(ii)?

The document may be affixed on a conspicuous part of his last known place of residence or business within the development area or given to an adult family member or affixed on a conspicuous part of the related land or building.

How may documents be served by post under Section 43(1)(d)(iii)?

The document may be sent by registered post to the person.

How may documents be addressed under Section 43(2)?

Documents required or authorized to be served on owner or occupier may be addressed as “the owner” or “the occupier” of the named land or building without further name or description.

When shall service be deemed duly effected under Section 43(2)(a)?

Service shall be deemed duly effected if the document is sent or delivered in accordance with clause (d) of sub-section (1).

When shall service be deemed duly effected under Section 43(2)(b)?

Service shall be deemed duly effected if the document or copy thereof is delivered to some person on the land or building or affixed on a conspicuous part thereof where no such person is available.

What is the effect of service on a firm under Section 43(3)?

Service on a firm in accordance with clause (b) of sub-section (1) shall be deemed service on each partner of the firm.

What power is conferred upon the secretary to the Authority under Section 43(4)?

The secretary may require the occupier of property to state the name and address of the owner.

For what purpose may notice be issued under Section 43(4)?

Notice may be issued for enabling service of documents on the owner of property.

How shall service on a minor be effected under Section 43(5)?

Service upon the guardian or any adult member of the family of the minor shall be deemed service upon the minor.

Who is excluded from the meaning of family under Section 43(6)?

A servant is not a member of the family.

What is the subject matter of Section 44?

Public notice how to be made known.

How shall every public notice under Section 44 be issued?

Every public notice shall be in writing over the signature of the Secretary to the Authority.

How shall public notice be made known under Section 44?

Public notice shall be widely made known in the locality affected thereby.

How may copies of public notice be displayed under Section 44?

Copies may be affixed in conspicuous public places within the locality.

How may public notice be published under Section 44?

Public notice may be published by beat of drum or advertisement in a newspaper having circulation in the locality.

Whether multiple modes of publication may be used under Section 44?

Public notice may be published by two or more prescribed means and by any other means the Secretary thinks fit.

What is the subject matter of Section 45?

Notices etc. to fix reasonable time.

When does Section 45 apply?

Section 45 applies where any notice, order or document requires something to be done and no time is fixed under the Act or regulations.

What must be specified under Section 45?

A reasonable time for doing the required act shall be specified in the notice, order or document.

What is the subject matter of Section 46?

Authentication of orders and documents of Authority.

Which documents are covered under Section 46?

All permissions, orders, decisions, notices and other documents of the Authority are covered.

How shall documents of the Authority be authenticated under Section 46?

Documents shall be authenticated by the signature of the Secretary to the Authority or any other officer authorized by the Authority.

What is the subject matter of Section 46-A?

Authentication of orders and instruments of the State Authority.

Which documents are covered under Section 46-A?

All permissions, orders, decisions, notices and other documents of the State Authority are covered.

How shall documents of the State Authority be authenticated under Section 46-A?

Documents shall be authenticated by the signatures of the Chief Administrator or any other officer authorized by the Chief Administrator of the State Authority.

What is the subject matter of Section 47?

Members and Officers to be public servants.

Who shall be deemed to be public servants under Section 47?

Every member, officer and other employee of the Authority shall be deemed to be public servants.

Within the meaning of which provision are persons deemed public servants under Section 47?

They shall be deemed public servants within the meaning of section 2(28) of the BNS.

What is the subject matter of Section 47-A?

Members and officers of the State Authority to be public servants.

Who shall be deemed to be public servants under Section 47-A?

Every member, officer and employee of the State Authority shall be deemed to be public servants.

What is the subject matter of Section 48?

Jurisdiction of courts.

Which courts are barred from trying offences under Section 48?

No court inferior to that of a Magistrate of the first class shall try offences punishable under section 26 of this Act.

What is the subject matter of Section 49?

Sanction of prosecution.

When can prosecution under this Act be instituted under Section 49?

Prosecution can be instituted only with previous sanction of the Vice-Chairman of the Authority or officer authorized by him.

Who may grant sanction for prosecution under Section 49?

The Vice-Chairman of the Authority or any officer authorized by him may grant sanction.

What is the subject matter of Section 50?

Protection of action taken in good faith.

What protection is granted under Section 50?

No suit, prosecution or other legal proceeding shall lie for anything done or intended to be done in good faith under this Act or rules or regulations.

Against whom is protection available under Section 50?

Protection is available to any person acting in good faith under the Act.

What is the subject matter of Section 51?

Power to delegate.

What power of delegation is conferred upon the State Government under Section 51(1)?

The State Government may direct that any power exercisable by it under this Act may also be exercised by specified officers.

Which power cannot be delegated under Section 51(1)?

The power to make rules cannot be delegated.

How may delegation be made under Section 51(1)?

Delegation may be made by general or special order.

Subject to what may delegation be made under Section 51(1)?

Delegation may be made subject to such cases and conditions as may be specified.

What power of delegation is conferred upon the Authority under Section 51(2)?

The Authority may direct that any power exercisable by it under this Act may also be exercised by officers or local authorities.

Which powers cannot be delegated under Section 51(2)?

The powers to make regulations or bye-laws cannot be delegated.

How may delegation be made under Section 51(2)?

Delegation may be made by general or special order.

To whom may powers be delegated under Section 51(2)?

Powers may be delegated to such officer or local authority as specified.

What power of delegation is conferred upon the Vice-Chairman under Section 51(3)?

The Vice-Chairman may direct that powers exercisable by him under this Act may also be exercised by officers of the Authority.

How may delegation be made under Section 51(3)?

Delegation may be made by general or special order.

To whom may powers be delegated under Section 51(3)?

Powers may be delegated to such officer of the Authority as specified.

What power of delegation is conferred upon the Chief Administrator under Section 51(4)?

The Chief Administrator may direct that powers exercisable by him under this Act may also be exercised by the Additional Chief Administrator.

How may delegation be made under Section 51(4)?

Delegation may be made by general or special order.

Subject to what conditions may delegation be made under Section 51(4)?

Delegation may be made in such cases and subject to such conditions as may be specified.

What is the subject matter of Section 52?

Savings.

What works relating to buildings are exempted under Section 52(a)?

Works for maintenance, improvement or other alterations affecting only the interior or not materially affecting the external appearance of the building are exempted.

What works carried out by local authority or Government are exempted under Section 52(b)?

Works for inspecting, repairing or renewing drains, sewers, mains, pipes, cables or other apparatus are exempted.

Whether breaking open of streets is covered under Section 52(b)?

Breaking open of any street or land for inspecting, repairing or renewing drains, sewers, mains, pipes, cables or apparatus is covered.

What construction activities of the Central Government are exempted under Section 52(c)?

Operational construction including maintenance, development and new construction by or on behalf of a department of the Central Government is exempted.

What agricultural buildings are exempted under Section 52(d)?

Erection of buildings, not being dwelling houses, required for purposes subservient to agriculture is exempted.

What agricultural excavations are exempted under Section 52(e)?

Excavations including wells made in the ordinary course of agricultural operations are exempted.

What roads are exempted under Section 52(f)?

Construction of unmetalled roads intended solely to give access to land for agricultural purposes is exempted.

What is the subject matter of Section 53?

Exemption.

What power is conferred upon the State Government under Section 53?

The State Government may exempt any land or building or class of lands or buildings from provisions of the Act or rules or regulations.

How may exemption be granted under Section 53?

Exemption may be granted by notification in the Gazette.

Whether exemption under Section 53 is absolute?

Exemption may be granted subject to such conditions and restrictions as may be specified in the notification.

From what may exemption be granted under Section 53?

Exemption may be granted from all or any provisions of this Act or rules or regulations made thereunder.

Which properties may be exempted under Section 53?

Any land or building or class of lands or buildings may be exempted.

What is the overriding effect mentioned in Section 53?

The power of exemption operates notwithstanding anything contained in this Act.

What is the subject matter of Section 54?

Plans to stand modified in certain cases.

When does Section 54(1) apply?

Section 54(1) applies where land in a development area is required by the master plan or zonal development plan to be kept as open space, unbuilt upon, or designated for compulsory acquisition.

After what period may the owner serve notice under Section 54(1)?

The owner may serve notice after expiration of ten years from the date of coming into operation of the plan or amendment.

From which date is the ten-year period calculated under Section 54(1)?

The period is calculated from the date of coming into operation of the plan under section 12 or amendment under section 13(4).

Upon whom may notice be served under Section 54(1)?

Notice may be served upon the State Government.

What may the owner require through notice under Section 54(1)?

The owner may require that his interest in the land be compulsorily acquired.

What condition must exist before notice can be served under Section 54(1)?

The land must not have been compulsorily acquired within ten years.

What happens if the State Government fails to acquire the land under Section 54(2)?

The master plan or zonal development plan shall cease to require the land to be kept open, unbuilt upon, or subject to compulsory acquisition.

Within what period must the State Government acquire land under Section 54(2)?

The State Government must acquire the land within six months from the date of notice.

What is the effect after expiry of six months under Section 54(2)?

The plan shall have effect as if the land was not required to be kept open or unbuilt upon or designated for compulsory acquisition.

What is the subject matter of Section 55?

Power to make rules.

Who may make rules under Section 55(1)?

The State Government or State Authority may make rules.

How shall rules be made under Section 55(1)?

Rules shall be made by notification in the Gazette.

For what purpose may rules be made under Section 55(1)?

Rules may be made for carrying out the purposes of this Act.

What is the effect of Section 55(2)?

Section 55(2) specifies matters for which rules may particularly provide without prejudice to the general rule-making power.

What may rules provide regarding appeals under Section 55(2)(a)?

Rules may provide for levy of fee on memorandum of appeal under section 15(5) or section 27(2).

What may rules provide regarding determination of betterment charge under Section 55(2)(b)?

Rules may provide the procedure to be followed by the Chairman in determination of betterment charge and powers exercisable for that purpose.

What residuary rule-making power is provided under Section 55(2)(c)?

Rules may provide for any other matter which has to be or may be prescribed by rules.

What is the subject matter of Section 56?

Power to make regulations.

Who may make regulations under Section 56(1)?

The State Authority, Local Development Authority or Local Development Authority created under section 4(1-A) may make regulations.

What approval is necessary before making regulations under Section 56(1)?

Previous approval of the State Government is necessary.

What condition must regulations satisfy under Section 56(1)?

Regulations must not be inconsistent with this Act and the rules made thereunder.

For what purpose may regulations be made under Section 56(1)?

Regulations may be made for administration of the affairs of the Authority.

What matters relating to meetings may regulations provide for under Section 56(2)(a)?

Regulations may provide for summoning and holding meetings, time and place of meetings, conduct of business and quorum.

What matters relating to officers may regulations provide for under Section 56(2)(b)?

Regulations may provide for powers and duties of the Secretary and Chief Accounts Officer.

What matters relating to State Authority officers may regulations provide for under Section 56(2)(bb)?

Regulations may provide for powers and duties of the Chief Administrator, Additional Chief Administrator and Finance Controller.

What service matters may regulations provide for under Section 56(2)(c)?

Regulations may provide for salaries, allowances and conditions of service of Secretary, Chief Accounts Officer and other officers and employees.

What service matters relating to State Authority officers may regulations provide for under Section 56(2)(cc)?

Regulations may provide for salaries, allowances and conditions of service of Chief Administrator, Additional Chief Administrator, Finance Controller and other officers and employees.

What procedural matters may regulations provide for under Section 56(2)(d)?

Regulations may provide for procedure for carrying out functions under Chapters III and IV.

What records-related matter may regulations provide for under Section 56(2)(e)?

Regulations may provide for form of register of applications for permission and particulars to be contained therein.

What property-related matter may regulations provide for under Section 56(2)(f)?

Regulations may provide for management of properties of the Authority.

What fee-related matter may regulations provide for under Section 56(2)(g)?

Regulations may provide for fee payable on application for permission under section 15(1).

What inspection-related matter may regulations provide for under Section 56(2)(h)?

Regulations may provide for fee payable for inspection or obtaining copies of documents and maps.

What residuary power is provided under Section 56(2)(i)?

Regulations may provide for any other matter which has to be or may be prescribed by regulations.

When may the State Government make regulations under Section 56(3)?

The State Government may make regulations until an Authority is established for an area under this Act.

Which regulations may be made by the State Government under Section 56(3)?

Any regulation which may be made under sub-section (1) may be made by the State Government.

What power does the Authority have regarding regulations made by the State Government under Section 56(3)?

The Authority may alter or rescind such regulations in exercise of its power under sub-section (1).

What is the subject matter of Section 57?

Power to make bye-laws.

Who may make bye-laws under Section 57?

The State Authority, Local Development Authority or Local Development Authority created under section 4(1-A) may make bye-laws.

What approval is necessary before making bye-laws under Section 57?

Previous approval of the State Government is necessary.

What condition must bye-laws satisfy under Section 57?

Bye-laws must be consistent with this Act and the rules made thereunder.

For what purpose may bye-laws be made under Section 57?

Bye-laws may be made for carrying out the purposes of this Act in respect of matters affecting the general public.

What may bye-laws provide regarding applications under Section 57(a)?

Bye-laws may provide the form of application for permission under section 15(1) and particulars to be furnished therein.

What may bye-laws provide under Section 57(b)?

Bye-laws may provide terms and conditions subject to which use of lands and buildings in contravention of plans may be continued under section 16.

What may bye-laws provide regarding composition of offences under Section 57(bb)?

Bye-laws may provide guiding principles for composition of offences under section 32.

What may bye-laws provide regarding betterment charges under Section 57(c)?

Bye-laws may provide the time and manner of payment of betterment charge under section 38.

What licences may be regulated under Section 57(d)?

Bye-laws may regulate grant of licences to architects, town planning engineers, surveyors and draftsmen for preparation of plans.

What fees may be prescribed under Section 57(d)?

Bye-laws may prescribe fees payable for grant of licences.

What temporary planning matters may bye-laws provide for under Section 57(e)?

Until Zonal Development Plans are prepared, bye-laws may provide matters specified in section 9(2)(d).

What facade-related matters may bye-laws provide for under Section 57(ee)?

Bye-laws may define arterial roads and prescribe colour schemes and specifications for facades of buildings abutting such roads.

What residuary power is provided under Section 57(f)?

Bye-laws may provide for any other matter which has to be or may be prescribed by bye-laws.

What is the subject matter of Section 58?

Dissolution of Authority.

When may the State Government dissolve an Authority under Section 58(1)?

The State Government may dissolve the Authority when it is satisfied that the purposes for which it was established have been substantially achieved.

What additional condition is required for dissolution under Section 58(1)?

The continued existence of the Authority must appear unnecessary in the opinion of the State Government.

How shall dissolution be effected under Section 58(1)?

Dissolution shall be effected by notification in the Gazette.

From when shall dissolution take effect under Section 58(1)?

Dissolution shall take effect from the date specified in the notification.

What happens to properties, funds and dues after dissolution under Section 58(2)(a)?

All properties, funds and dues vested in or realizable by the Authority shall vest in or be realizable by the State Government.

What happens to nazul lands after dissolution under Section 58(2)(b)?

All nazul lands placed at the disposal of the Authority shall revert to the State Government.

What happens to liabilities after dissolution under Section 58(2)(c)?

All liabilities enforceable against the Authority shall become enforceable against the State Government.

Who shall carry out unfinished development after dissolution under Section 58(2)(d)?

The State Government shall discharge functions for carrying out unfinished development.

Who shall realize remaining properties, funds and dues after dissolution under Section 58(2)(d)?

The State Government shall realize remaining properties, funds and dues.

What is the subject matter of Section 59?

Repeal etc. and savings.

What is the effect of Section 59(1)(a)?

Certain provisions of specified enactments remain suspended in respect of a development area.

From when does suspension under Section 59(1)(a) operate?

Suspension operates from the date of constitution of the Authority for that area.

Until when does suspension under Section 59(1)(a) continue?

Suspension continues until dissolution of the Authority.

Which enactments are suspended under Section 59(1)(a)?

Specified provisions of the Uttar Pradesh Municipal Corporation Act, 1959, Uttar Pradesh Municipalities Act, 1916, Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, Uttar Pradesh (Regulation of Building Operations) Act, 1958 and Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 are suspended.

What exception is provided regarding Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965?

Special Avas Parishad Schemes are excluded from suspension.

What are “Special Avas Parishad Schemes” under Section 59(1)(a)?

They are schemes notified or approved under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 before or after declaration of development area with State Government approval.

What is the effect on Development Fund under Section 59(1)(a)?

Requirement regarding constitution of Development Fund under section 139(3) of the Uttar Pradesh Municipal Corporation Act, 1959 remains suspended.

Which provisions apply to such suspension under Section 59(1)(a)?

Sections 6 and 24 of the United Provinces General Clauses Act, 1904 apply as if the suspension amounted to repeal.

What happens to pending land acquisition proceedings under Section 59(1)(a)?

Pending proceedings relating to acquisition of land or interest in land may continue and conclude under the suspended enactments.

How shall suspended enactments apply to pending proceedings under Section 59(1)(a)?

Suspended enactments shall apply mutatis mutandis as if not suspended.

In whom vest powers formerly exercisable under the Uttar Pradesh (Regulation of Building Operations) Act, 1958?

Powers vest in the Vice-Chairman and Chairman respectively.

What is the effect of Section 59(1)(aa)?

The operation of the Uttar Pradesh Special Area Development Authorities Act, 1986 shall stand repealed in relation to areas declared as development areas under this Act.

From when does repeal under Section 59(1)(aa) take effect?

Repeal takes effect from the date of declaration of the development area under section 3.

What happens to the Special Area Development Authority under Section 59(1)(aa)?

The Special Area Development Authority constituted for that area shall stand dissolved.

What is the effect of Section 59(1)(b)?

Provisions suspended or repealed under clauses (a) and (aa) shall revive upon dissolution of the Authority under section 58.

Which provisions apply upon revival under Section 59(1)(b)?

Sections 6 and 24 of the United Provinces General Clauses Act, 1904 shall apply.

How shall cesser of application of provisions be treated under Section 59(1)(b)?

Cesser shall be treated as if it amounted to repeal of corresponding provisions of this Act by a Uttar Pradesh Act.

What is the effect of Section 59(1)(c)?

Existing bye-laws, directions or regulations under specified enactments continue in force if not inconsistent with this Act.

Which enactments are referred to in Section 59(1)(c)?

The Uttar Pradesh Municipalities Act, 1916, Uttar Pradesh (Regulation of Building Operations) Act, 1958, Uttar Pradesh Municipal Corporation Act, 1959 and Uttar Pradesh Special Area Development Authorities Act, 1986 are referred to.

Until when do such bye-laws or regulations continue under Section 59(1)(c)?

They continue until altered, repealed or amended by competent authority under this Act.

What condition is necessary for continuation under Section 59(1)(c)?

The bye-laws, directions or regulations must not be inconsistent with this Act.

What is the effect of Section 59(1)(d)?

All Development Authorities constituted before commencement of this Act shall continue to exist and be deemed Local Development Authorities under this Act.

How are acts previously done by Development Authorities treated under Section 59(1)(d)?

Acts or functions discharged by them shall be deemed to have been done under this Act.

What is the effect of Section 59(2)?

Certain enactments stand repealed in relation to areas declared as development areas and the Improvement Trust stands dissolved.

When does Section 59(2) apply?

Section 59(2) applies where an area having an Improvement Trust under the United Provinces Town Improvement Act, 1919 is declared a development area under section 3.

Which enactments stand repealed under Section 59(2)?

The United Provinces Town Improvement Act, 1919 and, where applicable, the Uttar Pradesh Local Bodies (Appointment of Administrator) Act, 1961 stand repealed.

From when does repeal under Section 59(2) take effect?

Repeal takes effect from the date of constitution of the Development Authority for that area.

What happens to the Improvement Trust under Section 59(2)?

The Improvement Trust shall stand dissolved from the date of constitution of the Development Authority.

When does Section 59(3) apply?

Section 59(3) applies when a Development Authority is constituted for a development area including the whole of a city under the Uttar Pradesh Municipal Corporation Act, 1959.

What happens to certain posts under Section 59(3)?

Posts borne on the establishment of the Municipal Corporation exclusively connected with specified activities stand transferred to the Development Authority.

Which activities are referred to in Section 59(3)?

Activities under Chapter XIV of the Uttar Pradesh Municipal Corporation Act, 1959, the Uttar Pradesh (Regulation of Building Operations) Act, 1958, or the Uttar Pradesh Special Area Development Authorities Act, 1986 are referred to.

Which posts are excluded from transfer under Section 59(3)?

Posts governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1966 are excluded.

From when do posts stand transferred under Section 59(3)?

Posts stand transferred from the date of constitution of the Development Authority.

Who determines the designations of transferred posts under Section 59(3)?

The Development Authority determines the designations.

How are officers and employees selected for transfer under Section 59(3)?

Officers and employees are selected in accordance with directions issued by the State Government.

What happens to selected officers and employees under Section 59(3)?

They stand transferred to and become officers and employees of the Development Authority.

What service conditions apply to transferred employees under Section 59(3)?

They hold office by the same tenure, remuneration and terms and conditions of service as before transfer unless altered by the Authority.

How is previous service treated under the first proviso to Section 59(3)?

Service rendered under the Municipal Corporation or Special Area Development Authorities Act shall be deemed service under the Authority.

What power does the Authority have under the second proviso to Section 59(3)?

The Authority may employ transferred officers or employees in discharge of functions under this Act.

What duty is imposed on transferred employees under the second proviso to Section 59(3)?

They shall discharge such functions as assigned by the Authority.

When does Section 59(4) apply?

Section 59(4) applies on constitution of a Development Authority for a development area including the whole of a city under the Uttar Pradesh Municipal Corporation Act, 1959.

Which posts are transferred under Section 59(4)?

Posts governed by the Centralized Services borne on the establishment of the Municipal Corporation or Special Area Development Authority exclusively connected with specified activities are transferred.

From when do posts stand transferred under Section 59(4)?

Posts stand transferred from the date of constitution of the Development Authority.

To whom are posts transferred under Section 59(4)?

Posts are transferred to the Development Authority.

Who determines the designations of transferred posts under Section 59(4)?

The State Government determines the designations.

Who shall fill the transferred posts under Section 59(4)?

The transferred posts shall continue to be filled by members of the Centralized Services.

How would transferred posts have been filled if not transferred under Section 59(4)?

They would have been filled by members of the Centralized Services.

What legislative consequence follows under Section 59(4)?

The relevant Adhiniyam and rules relating to the Centralized Services shall be amended accordingly.

Who are covered under Section 59(5)?

Every officer and employee serving under an Improvement Trust immediately before constitution of the Development Authority is covered.

From when are employees transferred under Section 59(5)?

Employees are transferred from the date of constitution of the Development Authority.

To whom are employees transferred under Section 59(5)?

Employees are transferred to and become officers or employees of the Development Authority.

Who determines the designations of transferred employees under Section 59(5)?

The Development Authority determines the designations.

What service conditions apply to transferred employees under Section 59(5)?

They shall hold office by the same tenure, remuneration and terms and conditions of service as before transfer unless altered by the Authority.

How is previous service treated under the first proviso to Section 59(5)?

Service rendered under the Improvement Trust shall be deemed service under the Development Authority.

What power does the Authority have under the second proviso to Section 59(5)?

The Authority may employ transferred officers or employees in discharge of functions under this Act.

What duty is imposed upon transferred employees under the second proviso to Section 59(5)?

They shall discharge the functions assigned by the Authority accordingly.

What is the overriding effect provided under Section 59(6)?

Section 59(6) operates notwithstanding sub-sections (1) and (2).

What is the effect of Section 59(6)(a)?

Things done or actions taken under repealed or suspended enactments continue in force if not inconsistent with this Act.

What actions are covered under Section 59(6)(a)?

Notifications, orders, schemes and permissions issued or granted under earlier enactments are covered.

Until when do earlier actions continue under Section 59(6)(a)?

They continue until superseded by actions taken under this Act.

What is the effect of Section 59(6)(b)?

Debts, obligations, liabilities, contracts and engagements relating to transferred functions are deemed to be of the Development Authority.

Which local authorities are referred to in Section 59(6)(b)?

Local authorities constituted under enactments referred to in sub-sections (1) and (2) are referred to.

What is the effect of Section 59(6)(c) regarding Improvement Trust properties?

Movable and immovable properties vested in an Improvement Trust vest in the Development Authority.

What is the effect of Section 59(6)(c) regarding other local authority properties?

Properties exclusively related to functions assigned to the Development Authority vest in the Development Authority.

What is the effect of Section 59(6)(d)?

Rents, fees and other sums due to an Improvement Trust or relating to transferred functions become due to the Development Authority.

What is the effect of Section 59(6)(e)?

Suits, prosecutions and other legal proceedings relating to transferred functions may be continued or instituted by or against the Development Authority.

Which proceedings are covered under Section 59(6)(e)?

Proceedings instituted or capable of being instituted by or against authorities constituted under enactments referred to in sub-sections (1) and (2) are covered.

What is the effect of Section 59(6)(f)?

Pending appeals under specified enactments stand transferred to the Chairman.

Which appeals are transferred under Section 59(6)(f)?

Appeals under section 15(2) of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 and appeals under the Uttar Pradesh Special Area Development Authorities Act, 1986 are transferred.

To whom are appeals transferred under Section 59(6)(f)?

Appeals are transferred to the Chairman.

When are appeals transferred under Section 59(6)(f)?

Appeals pending on the date of declaration of the area as a development area are transferred.

What is the status of appeals entertained by the Chairman after declaration under Section 59(6)(f)?

Such appeals shall be deemed to have been preferred to the Chairman.

What is the effect of decisions of the Chairman under Section 59(6)(f)?

The decision of the Chairman shall be final.

What does the Explanation to Section 59(6) provide regarding Development Fund?

Development Fund and properties created out of it are deemed related to functions assigned to the Development Authority.

What matters are deemed related to functions assigned to the Development Authority under the Explanation?

Properties, debts, obligations, liabilities, contracts and matters connected with Chapter XIV functions or Special Area Development Authority functions are deemed related to Development Authority functions.

Which clauses apply accordingly under the Explanation to Section 59(6)?

Clauses (a), (b), (c), (d) and (e) apply accordingly.

What disputes are covered under Section 59(7)?

Disputes regarding debts, obligations, liabilities, contracts, properties, rents, fees or sums connected exclusively with functions assigned to the Development Authority are covered.

Between whom may disputes arise under Section 59(7)?

Disputes may arise between a Local Authority and a Development Authority.

To whom shall disputes under Section 59(7) be referred?

Disputes shall be referred to the State Government.

What is the effect of the decision of the State Government under Section 59(7)?

The decision shall be final and shall not be questioned in any court.

What question is covered under Section 59(8)?

Questions regarding whether an officer or employee was employed exclusively in connection with specified functions before constitution of the Development Authority are covered.

Which bodies are referred to in Section 59(8)?

Municipal Corporation or Special Area Development Authority are referred to.

To whom shall questions under Section 59(8) be referred?

Questions shall be referred to the State Government.

What is the effect of the decision of the State Government under Section 59(8)?

The decision shall be final and shall not be questioned in any court.

What right is provided under Section 59(9)?

Officers or employees may opt not to become employees of the Development Authority.

Within what time must option be exercised under Section 59(9)?

Option must be exercised within one month from the date of constitution of the Development Authority.

To whom must the option be intimated under Section 59(9)?

Option must be intimated to the Municipal Corporation, Trust or State Government, as the case may be.

What is the effect of exercising option under Section 59(9)?

Employment under the existing body shall stand terminated and the post shall stand abolished.

What compensation is payable to permanent employees under Section 59(9)(a)?

Permanent employees are entitled to compensation equivalent to three months’ salary.

What compensation is payable to temporary employees under Section 59(9)(b)?

Temporary employees are entitled to compensation equivalent to one month’s salary.

What is included in “salary” under the Explanation to Section 59(9)?

Salary includes Dearness Allowance, Special Pay and other similar periodic allowances or pay.

What is the effect of Section 59(10)?

Transfer of services to the Development Authority does not entitle employees to compensation under the U.P. Industrial Disputes Act, 1947 or any other law.

Which transfers are covered under Section 59(10)?

Transfers under sub-sections (3) and (5) are covered.

Can compensation claims be entertained under Section 59(10)?

No court, tribunal or authority shall entertain such claims.

What overriding effect is provided under Section 59(10)?

Section 59(10) operates notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947 or any other law.

What appointments and benefits are covered under Section 59(11)?

Appointments, promotions, increments, pensions, allowances and other benefits granted after commencement of the Act and before constitution of the Development Authority are covered.

When will such appointments or benefits not have effect under Section 59(11)?

They shall not have effect if in the opinion of the Development Authority they would not ordinarily have been made, granted or admissible under prior service conditions.

Can such benefits be claimed from the Development Authority under Section 59(11)?

No such benefit shall be payable or claimable unless confirmed or directed by the State Government.

Who may validate such appointments or benefits under Section 59(11)?

The State Government may confirm appointments, promotions or increments or direct continuation of benefits by general or special order.

From which funds are unconfirmed benefits not payable under Section 59(11)?

They are not payable from Provident Fund, Pension Fund, other funds or any authority administering such funds.

What is the effect of Section 59(10)?

Transfer of services to the Development Authority does not entitle employees to compensation under the U.P. Industrial Disputes Act, 1947 or any other law.

Which transfers are covered under Section 59(10)?

Transfers under sub-sections (3) and (5) are covered.

Can compensation claims be entertained under Section 59(10)?

No court, tribunal or authority shall entertain such claims.

What overriding effect is provided under Section 59(10)?

Section 59(10) operates notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947 or any other law.

What appointments and benefits are covered under Section 59(11)?

Appointments, promotions, increments, pensions, allowances and other benefits granted after commencement of the Act and before constitution of the Development Authority are covered.

When will such appointments or benefits not have effect under Section 59(11)?

They shall not have effect if in the opinion of the Development Authority they would not ordinarily have been made, granted or admissible under prior service conditions.

Can such benefits be claimed from the Development Authority under Section 59(11)?

No such benefit shall be payable or claimable unless confirmed or directed by the State Government.

Who may validate such appointments or benefits under Section 59(11)?

The State Government may confirm appointments, promotions or increments or direct continuation of benefits by general or special order.

From which funds are unconfirmed benefits not payable under Section 59(11)?

They are not payable from Provident Fund, Pension Fund, other funds or any authority administering such funds.

What substitution is provided under Section 59(12)?

Trustees of pension, provident, gratuity or similar funds shall be substituted by persons specified by the State Government.

Which trustees are covered under Section 59(12)?

Trustees of funds constituted for officers and employees referred to in sub-sections (3) and (5) are covered.

Which trustees are excluded under Section 59(12)?

Trustees nominated by or under any law are excluded.

Who specifies substitute trustees under Section 59(12)?

The State Government specifies substitute trustees by general or special order.

What is the effect of Section 59(13)?

Certain functions of Municipal Corporations, Avas Evam Vikas Parishad and Special Area Development Authorities are deemed functions assigned to the Development Authority.

Which Municipal Corporation functions are covered under Section 59(13)?

Functions under Chapter XIV of the Uttar Pradesh Municipal Corporation Act, 1959 are covered.

Which functions of the Uttar Pradesh Avas Evam Vikas Parishad are covered under Section 59(13)?

All functions other than those relating to Special Avas Parishad Schemes are covered.

Which additional functions are covered under Section 59(13)?

Functions under the Uttar Pradesh Special Area Development Authorities Act, 1986 are covered.

What is the effect of Section 59(14)?

Acquisition proceedings for improvement schemes deemed assigned to the Development Authority were required to be completed up to award stage by December 31, 1982.

What overriding effect is provided under Section 59(14)?

Section 59(14) operates notwithstanding section 365 of the Uttar Pradesh Municipal Corporation Act, 1959.

What validation is provided under Section 59(15)?

Acts, proceedings and functions of Development Authorities in Uttarakhand performed before commencement of this Act are validated if not inconsistent with this Act.

How are prior acts treated under Section 59(15)?

Such acts and functions are deemed to have been done or performed under this Act.

What is the subject matter of Section 60?

Repeal and savings.

Which Ordinance is repealed under Section 60(1)?

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

What is the effect of repeal under Section 60(2)?

Anything done or action taken under the repealed Ordinance is deemed to have been done or taken under this Act.

What legal fiction is created under Section 60(2)?

This Act is deemed to have commenced on 12th June, 1973.

Why is the deeming provision under Section 60(2) important?

It validates actions taken under the repealed Ordinance as actions under this Act.