Preamble President's Act No. 11 of 1973

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

(It is hereby enacted as follows:)

S.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.

S.2 Definitions.-

In this Act unless the context otherwise requires-

'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.,

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.

S.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

S.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.

Subject to such control and restrictions as

S.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 pers

S.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

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

S.8 Civil survey of, and master plan for the development area:

(1) The Authority shall, as soon as may be, prepare a master plan for the development area.

(2) The master plan shall-define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out t

S.9 Zonal Development plans.-

(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development" plan for each of the zones into which the development area may be divided.

(2) A zonal development plan may-

(i) the division of any site Into plots for the erection of buildings;

(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation-grounds, schools, markets and other public purposes:

(1) In this section and in Sections 11, 12, 14 and 16 the word plan means the master plan as well as the zonal development plan for a zone

(2) Every plan shall, as may be after its preparation be submitted by tile Authority to the State Goverininent for approval and that Government may either approve the plan without modificati

S.11 Procedure to be followed in the preparation and approval Plan.-

(1) Before preparing any plan finally and submitting it to the 'Abate Government for approval, the Authority shall prepare a plan in and publish it by making a copy thereof available for inspection publishing a notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions from any person person with respect to the draft plan before such date as may be specified in the notice.

(1) Where in any developments area, any building occupied wholly for non-residential purposes or partly for residential and partly for non-residential purposes abuts an arterial road, the occupier of such building, shall be bound to repair whitewash, colour-wash or paint the facade of such building at his OM cost in accordance with any bye laws made in that behalf.

(1) The Authority may make any amendments in the master plan or the zonal development plan as it thinks fit, being amendments which, in its opinion do not effect important alteration in the character of the plan and which do not relate to the extent of land uses or the standards of population density.

(2) The State Government m

S.14 Development of land in the developed area.-

(1) After the declaration of any area as development area under Section 3, no development of -land shall be undertaken or 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 the [Vice-Chairman) in accordance with the provision of this Act.

(1) Every person or body (other than any department of Government or any local authority) desiring to obtain the permission referred to in Section 14 shall make an application in writing to the 3[Vice-Chairman in such form and containing such particulars in respect of the development to which the Application relates as may be prescribed by 4(bye-laws).

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S.16 Uses of land and buildings in contravention of plans.-

After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise that in conformity with such plan :

Provided that it shall be lawful to continue to use, upon such terms and conditions as may be prescribed by bye-laws made in that behalf, any land

S.17 Compulsory acquisition of land.-

(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 the State Government may acquire such land under the Provisions of the Land Acquisition Act,1894:

Provided that any person from whom any land is so acquired may after the expiration of a per

S.18 Disposal of land by the Authority or the local Authority concerned.-

(1) Subject to any directions given by the State Government in this behalf, the Authority or, as the case may be, the local Authority concerned may dispose of

any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or

(1) The State Government may, by notification in the Gazette and upon such terms conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority all or any developed and undeveloped lands in the development area vested in the State (known and hereinafter referred to as 'nazul lands'), for the purpose of development in accordance with the provisions of the Act,

(1) The Authority shall have an maintain its own fund to which shall be credited-

all moneys received by the Authority from the State Government by way of grants, loans, advances or otherwise:

The Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form and on or before such date as the State Government may specify and such report shall be laid before both houses of the Legislature.

S.24 Pension and Provident Funds

(1) The Authority may constitute for the benefit of its whole time paid members and of its officers and other employees in such manner and subject to such conditions, as the State Government may specify, such pension or Provident funds as it may deem.

(2) Where any such person, or provident fund has been constituted, the State

S.25 Power of entry: -

The Vice-Chairman of the Authority may authorise any person to enter in or upon any land or building with or without assistants or workmen for the purpose of-

making any inquiry, inspection, measurement or survey or taking levels of such land or building:

(1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land, in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 14 or in contravention of any condition subject to which such permission approval or sanction has been granted shall be punishable with fine which may extend to [Fifty thousand] rupees,

S.26(a) Encroachment or obstruction on public land

.-

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

S.26(b) Claim for compensation for removal under Section 26- A

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

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

Any wall, fence, rail, post. Step, booth or other structure whether fixed or movable and whether of a permanent or temporary nature or any fixture which shall be erected, or set in or upon or over any street or upon or over any

S.26(d) Penalty for not preventing encroachment

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

S.27 Order of demolition of building.-

(1) Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction referred to in Section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the development area, then, without prejudice to the provisions of Section 26, 1[the Vice-Chairman or any officer of the Authority empowered by him in that behalf) may make an order

S.28 Power to stop development;-

(I) Where any development in a development area has been commenced or continued in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 14 or In contravention of any conditions subject to which such permission, approval or sanction has been granted, the

S.28(a) Power to seal unauthorised development: -

(1). It shall be lawful for the Vice-Chairman or an officer empowered by him in the behalf, as the case may be, at any time before or after making an order for the removal or discontinuance of any development under Section 27 or Section 28 to make any order directing the sealing of such development in a development area in such manner as may be prescribed for the purposes of carrying out the provisions of this Act.

After a Master Plan or Zonal Development Plan has come into operation under section 12, the Development Authority or its Vice-Chairman shall have such other powers and functions exercisable by the local authority concerned or its Chief Executive Officer, as the case may be, under the enactment constituting that local authority subject to such exceptions or modifications, as the State Government may by notification in the Gazette specify.

S.30 Offences by companies.-

(1) If the person committing an offence under this Act is a company, every person, who, at the time the ffence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

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

S.32 Composition of Offences.-

(1) Any offence made punishable by or under this Act may either before or after the institution of proceedings, be compounded-by the [Vice-Chairman (or any officer authorised by him in that behalf by General or Special order)] on such terms, including any term as regards payment of a composition fee, as the [Vice-Chairman) (or such officer) may think fit.

(1) If the Authority, after holding a local inquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in a development area has not been provided in relation to that land which, in the opinion of the Authority, ought to have been or ought to be provided, or that any development of the land for which permission approval or sanction had been obtained under this Act or under any law, in force before the coming into force

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

Where any area has been developed by the Authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local Authority, and where such terms

S.35 Power of Authority to levy betterment charges.-

(1) Where in the opinion of the Authority, as a consequence of any development scheme having been executed by the Authority in any development area, the value of any property in that area which has been benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:

S.36 Assessment of betterment charge by Authority.

(1) When it appears to the 1[Vice-Chairman) that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge the determined, the 2[Vice-Chairman) may, by an order made in that behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or person having an interest therein that the 1[Vice-Chairman] proposes

S.37 Finality of decision.-

10[Except as provided in Section 41. every decision] of the Chairman on appeal, and subject only to any decision on appeal (if It lies and is preferred), the order of the Vice-Chairman or other officer under Section 15, or Section 27, shall be final and shall not be questioned in any Court).

S.38 Payment of betterment charge

(1) The betterment charge levied under this Act shall be payable in such number of installments, and each installment shall be payable at such time and in such manner, as may be fixed by bye-laws made in that behalf.

(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue, and no suit shall lie in

S.39 Additional stamp duty on certain transfers of property

(1) The duty Imposed by the Indian Stamp Act, 1879, on any deed of transfer of immovable property shall,in the case of an immovable Property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act:

Provided tha

S.39(a) Toll for amenities

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

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

(1) The [Authority),the Chairman or the (Vice-Chairman] shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.

(2) If in, or in connection with, the exercise of its powers and discharge of its functions by the [Authority, the Chairman or the

S.42 Returns and Inspections

(1) The Authority shall furnish to the State Government such reports, returns and other information as that Government may from time to time require.

(2) Without prejudice to the provisions of Sub-section (1), the State Government or any officer authorised by the State Government in that behalf, may call reports, returns and ot

S.43 Services, of notices. etc

(1) All notices, orders and other documents required by this Act or any rule or regulation made and thereunder to be served upon any person shall save as otherwise provided in this Act or such rule or regulation be deemed to be duly served-

Where the person to be served is a company if the document is addressed to the secretary

S.44 Public notice how to be made known.

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

S.45 Notices, etc., to fix reasonable time

Where any notice order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

S.46 Authentication of orders and documents of Authority-

All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the Secretary to the Authority or any other officer authorised by the Authority in that behalf.

S.47 Members and Officers to be public servants.-

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

S.48 Jurisdiction of Courts

No Court inferior to that Magistrate of the first class shall try an offence punishable under this Act.

S.49 Sanction of prosecution

No prosecution for any offence punishable under this Act shall be instituted except with the sanction of the Vice-Chairman of the Authority or any officer authorised by him in that behalf.

S.50 Protection of action taken In good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done tinder this Act or any rule or regulation made thereunder.

S.51 Power to delegate

(1) The State Government may by general or special order, direct that any power exercisable by it under this Act except the power to make rules, may also be exercised by such officer in such cases and subject to such conditions if any, as may be specified therein.

(2) The Authority, may by general or special order, direct that

S.52 Savings.-Nothing in this Act shall apply to

the carrying out of works for the maintenance, improvement or other alterations of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;

the carrying out by any local authority or by any department of Government of any works for the pu

S.53 Exemption

Notwithstanding anything contained In this Act, the State Government may by notification in the Gazette exempt, subject to such conditions and restrictions, if any, as may be specified in such notification any land or building or class of lands or buildings from all or any of the provisions of this Act or rules or regulations made thereunder.

S.54 Plans to stand modified in certain cases

(1). Where any land situated in the development area is required by the Master Plan or a zonal Development Plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years from the date of coming into operation of the Plan under Section 12 or where such land has been so required or designated by any amendment of such plan, from the date of coming into operation of such amendment, under Sub-section (4) of Se

S.55 Power to make rules.-

(1) The State Government may, by notification in the Gazatte, make rules for carrying out the purposes of this Act.

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

(1) An Authority may,with the previous approval of the State Government, make regulations not inconsistent with this Act and the rule made thereunder for the administration of the affairs of the Authority.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or

S.57 Power to make bye-laws.

The Authority may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made thereunder for carrying out the purposes in this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may 10 provide for-

(a)

S.58 Dissolution of Authority

(1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, that Government may by notification in the Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.

S.59 Repeal etc.and Savings.-

(1) (a) The operation of Clause (c) of Section 5, Sections 54, 55 and 56, Clause (xxxiii) of Section 114, Sub-section (3) of Section 117, Clause (c) of Sub-section (1) of Section 119, Section 191, Sections 316, 317,318, 319, 320, 321, 322, 323, 324. 325, 326. 327, 328, 329 and 333, Clauses (a) and (b) of Sub-section (1) of Section 334, Sections 335, 336, Chapter XIV of the Uttar Pradesh 4[U.P. Municipal Corporation Act, 1959] Sections 178, 179. 180, 180-A, 18 1. 182, 183. 184, 185, 186. 203. 204.

S.60 Repeal and savings.-

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

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 12th day of June, 1973.