..

CHAPTER I Preliminary

1. Short title and extent.-

(1) This Act may be called the Uttar Pradesh Urban Planing and Development Act, 1973.

(2) It extends to the whole of Uttar Pradesh, excluding Cantonment areas and lands, owned, requisitioned or taken on lease by the Central Government for the purposes of defence.

2. Definitions.-

In this Act unless the context otherwise requires-

(a) 'amenity' includes road, water supply. street lighting, drainage, sewerage. public works and such other convenience as the State Government may, by notification in the Gazette specify to be an amenity for the purposes of this Act.,

(b) 'building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not:

(c) 'building operations' includes rebuilding structural alterations of, or additions to, buildings operations normally undertaken in connection the construction of buildings:

(d) 'bye-law' means a bye-law made under this Act by the Development Authority:

(dd) 'Chairman' and 'Vice-Chairman shall mean respectively the Chairman and Vice-Chairman of the Development Authority.]

(ddd) "City Development Charge" means the charge levied on a private developer under Section 38-A for the development of the land;

(e) 'development' with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land, and includes re-development:

(f) 'Development Area' means any area declared to be a development area under Section 3:

(g) 'the Development Authority' or 'the Authority', in relation to any development area, means the Development Authority constituted under Section 4 -for that area:

(gg) 'Development Authorities Centralised Service' means a Centralised Service created under Section 5-A):

(ggg) 'development fee 'means the fee levied upon a person or body under Section 15 for construction of road, drain, sewer line, electric supply and water supply lines in the development area by the Development Authority):

(h)'engineering operation' includes the formation or laying out means of access to a road or the laying out of means of water supply:

(hhh) "license fees"

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

(ii) 'mutation charges' means the charges, levied under Section 15 upon the person seeking mutation in his name of a property allotted by the Authority to another person;

(iii) "private developer"

(j) regulation' means a regulation made under this Act by the Development Authority.

(k) rule' means a rule made under this Act by the State Government:

[(kk) 'Stacking fees' means the fees levied under Section 15 upon the person or body who keeps building materials on the land of the Authority or on a public street or public places:)

(l) 'to erect a building', with its grammatical variations, includes-

​ (i) any material alteration or enlargement of any building.

​ (ii) the conversion. by structural alteration-

​ (a) of a building not originally constructed for human habitation into a place for human habitation: or

​ (b) into more than one place for human habitation. of a building originally constructed as one such place, or

​ (c) of two or more places of human habitation into a greater number of such places:

​ (iii) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security:

​ (iv) the addition of any rooms, buildings, houses or other structures to any building., and

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

(ll) 'water fees' means the fees levied under Section 15 upon a person or body for using water supplied by, the Authority for building operation or construction of buildings.]

(m) 'zone' means any one of the divisions in which a development area may be divided for the purposes of development under this Act:

(n) the expression 'land' has the meaning assigned to it in Section 3 of the land Acquisition Act, 1894.

CHAPTER II The Development Authority and its Objects

3. Declaration of development, areas.-

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

4 The Development Authority-

(1) The State Government may, by notification in the Gazette, constitute for the purposes of this Act, an Authority to be called the Development Authority for any development area.

(2) The Authority shall be a body corporate, by the name given to it in the said notification, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.

(3) The Authority in respect of a development area which includes whole or any part of a city as defined in the [Uttar Pradesh Municipal Corporation Act. 1959), shall consist of the following members namely-

a Chairman to be appointed by the State Government:

a Vice-Chairman to be appointed by the State Government:

the Secretary to the State Government, in charge of the Department in which, for the time being, the business relating, to the Development Authorities is transferred, ex-officio:)

the Secretary to the State Government in charge Of the Department of Finance, ex-officio.

the Chief Town and Country Planner, Uttar Pradesh ex-officio:

the Managing Director of the Jal Nigam established under the Uttar Pradesh Water Supply and Sewerage Act, 1975. ex-officio)

the Mukhya Nagar Adhikari, ex-officio:

the District Magistrate of every district any part of W Included in the development area ex-offtcio:

four members to be elected by Sabhasads of the Nag Mahapalika for the said city from amongst themselves,

Provided that any such member shall cease to hold office as such as soon as he ceases to be Sabhasad of the (Municipal Corporation):

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

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

(5) The Vice-Chairman shall be entitled to receive from the funds of the Authority such salaries and allowance-and be governed by such conditions of service as may be determined by general or special order of the State Government in this behalf.

(6) A member referred to in Clause (c) Clause (d) Clause (e) or Clause (f) of Sub-section (3) may instead of attending a meeting of the Authority himself depute an officer, not below the rank of Deputy secretary in the department, in the case of a member referred to In Clause (c) or Clause (d) and below the rank of Town Planner in the case of a member referred to in Clause (e) and not below the rank of Superintending Engineer in the case of a member referred to in clause (f) to attend the meeting. The officer so deputed shall have the right to take part in the proceedings of the meeting and shall also have the right to vote.

(7) The Authority in respect of a development area other than that mentioned in Sub-Section (3) shall consist of a Chairman, a Vice Chairman and not less than five and not more than eleven such other members, including at least one member from Municipal Boards and Notified Area Committees having each jurisiction in the development area, who shall hold office for such period and on such terms and conditions as may be determined by general or special order of the State Government I this behalf.

Provided that the Vice-Chairman or a member other than an ex-officio member of the Authority may at any time by writing under his hand addressed to the State Government resign his office and on such resignation being accepted shall be deemed to have vacated his office.

(8) No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the Authority.

5. Staff of the Authority:

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

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

(3) The Secretary, the Chief Accounts Officer and other Officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and allowances and shall be governed by such salaries and allowances and shall be governed by other conditions of service as may be determined by regulations made in that behalf.

5-A. Creation of Centralised Services:

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

(2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralized) Services Rules, 1966. or serving on deputation, shall, unless he opts otherwise, be absorbed in such service.-

finally, if he was already confirmed in his post, and

provisionally. if he was holding temporary or officiating appointment.

(3)A person referred to in Sub-section (2) may, within three months1 from the creation of such Development Authorities Centralised Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralised Service. failing which he shall be, deemed to have opted for final or provisional. as the case may be, absorption in such Centralised Service.

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

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

three months' salary, if he was a permanent employee:

one month's salary, if he was a temporary employee.

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

It shall be lawful for the State Government or any officer authorised by it in this behalf, to transfer any person holding any post a Development Authorities Centralised Service from one Development Authority to another.]

6. Advisory Council.-

(1) The State Government may, if itthinks fit, constitute an advisory council for the Purpose of advising 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

(2) The Advisory Council in respect of a development area in Sub-section (3) of Section 4 shall consist of the following members namely-

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

the Chief Town and Country Planner, Uttar Pradesh, and the Chief Engineer, Local Self-Government Engineering Department, Uttar Pradesh, ex officio:

the Director, Medical and Health Services, Uttar Pradesh, or his nominee who shall not be below the rank of a Deputy Director, ex officio:

four representatives of the local authorities having jurisdiction within the limits of the development area, to be elected by their members from among themselves:

the Transport Commissioner, Uttar Pradesh, or his nominee who shall, not be below the rank of a Deputy Transport Commissioner,ex officio:

the -Chairman, State Electricity Board, Uttar Pradesh or his nominee, ex officio:

all the members of the House of the People and the State Legislative Assembly whose constituencies include any part of the development area:

all members of the Council of States and the State Legislative Council who have their residence in the development area:

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

(3)For the purpose-of Clause (h) of Sub-section (2), the place of 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. as such member.

An elected member under Clause (d) of Sub-section (2) shall hold office for a term of three years from the date of his election to the council' and shall be eligible for re-election:

Provided that such term shall come to an end as soon as the member ceases to be a member of the local body from which he was elected.

The Advisory Council, if any, 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 in that behalf.

The [Advisory Council), shall meet as and when called by the Chairman:

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

7. Objects of the Authority.-

The objects of the Authority shall be promote and secure the development of the development area according to plan and for that purpose the Authority shall have the Power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with the supply of water and electricity to dispose of sewage and to provide and maintain other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:

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