In exercise of the powers under
clauses (o), (p), and (r) of sub-section (2) of section 94 of the Uttar Pradesh
Avas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act No. I of 1966) the Governor
of Uttar Pradesh is pleased to make the following rules regarding assessment
and payment of betterment fees. (1) These
rules may be called the U.P. Avas Evam Vikas Parishad (Assessment and Payment
of Betterment Pees) Rules, 1967. (2) They
shall come into force with effect from the date of their publication in the
official Gazette. In these rules unless there is
anything repugnant to the subject or context -- "Act" means the U.P.
Avas Evam Vikas Parishad Adhiniyam, 1965. Where a resolution has been passed
by the Board under sub-section (i) of section 51 of the Act, such resolution
shall also declare the date on which, for the purpose of determining the amount
of the betterment fee, the execution of the scheme shall be deemed to have been
completed. The amount of betterment fee
leviable in each case shall be determined in accordance with the provisions of
section 50 of the Act after following the procedure prescribed in there rules,
by Housing Comissioner or by such officer of the Board to who the power and
functions under section 51, 52, 53 and 54 of the Act maybe delegated by the
Board. On a date being fixed under Rule
3 and an Officer being appointed under Rule 4 the Board shall in consultation
with such officer give to every person on whom a notice has been served under
section 29 or to the successor-in-interest of such person, as the case may be a
notice which shall state - (a) the date
declared by the Board under Rule 3 as aforesaid, (b) the time,
being some time not less than twenty one days after the service of the notice,
and place at which the assessment of such betterment fee will be considered by
such officer and every person upon whom such notice is served shall be entitled
to be heard either in person or by a duly authorized representative when the
matter is taken into consideration by such officer. After hearing such person or if
such person fails to appear after the expiry of the period within which such
person is required to appear such officer shall proceed to pass the order of
assessment of betterment fee. When such officer has determined
the amount of betterment fee, the Board shall serve on the assessee a copy of
the order of the assessment. (1) Every
appeal filed under sub-section (4) of section 51 shall specify the ground or
grounds on which the levy or assessment of the betterment fee is questioned and
shall contain a concise statement of the material facts on which the appellant
relies. (2) The
Tribunal shall, as soon as may be, cause a copy of the appeal to be served on
the Board and the officer determining the amount of betterment fee. (3) The Board
shall furnish to the Tribunal, on demand, the following information in writing: (a) the
situation and extent of the land regarding which the betterment fee is to be
determined; (b) the names
of the persons by whom betterment fee is payable, (c) the
amount of betterment fee payable by each person, and (d) a brief
statement on the basis of assessment of the amount of betterment fee. The Tribunal shall then fix a
date and time for hearing the appeal and give intimation in writing of such
hearing to the appellant, the Board and the officer determining the amount of
betterment fee. (1) The
appellant may on appointed date and on subsequent hearings appear either in
person or through a representative duly authorized by him in writing in this
behalf. (2) The Board
or the said officer or a duly authorized representative of both the Board and
the officer may likewise attend hearings of the appeal. (1) In making
inquiries under sub-section (5) of Section 51 the Tribunal shall have and
exercise the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908, in respect of- (a) proof of
facts by affidavits, (b) summoning
and enforcing the attendance of any person and examining him on oath, (c) compelling
the production of documents, and (d) issuing
commissions for the examination of witnesses. (2) The
Tribunal may whenever it considers necessary inspect any property which is the
subject-matter of appeal preferred before it. (1) The
Tribunal after hearings have been concluded shall pronounce its award on the
day fixed for the purpose and shall communicate the substance thereof to each
appellant. Explanation.- The award may be in
parts dealing with different appellants or different sets of appellants whose
objections involve substantially the same question for determination. (2)
The award shall specify the betterment fee regarding each property
and appointment, if any, of such fee between the owner of the property and any
other person having an interest therein and shall state briefly, the ground on
which the decision of the Tribunal is based. (3) The award
shall also state the amount of costs incurred on the proceedings and by whom
and in what proportion they are to be paid. (1) The award
shall be dated and signed by the Tribunal and when once signed shall not
afterwards be altered or added to. (2) The
Tribunal shall as far as possible decide the appeal within six months from the
date of its filing and where it is not possible to do so in any particular
case, the reasons therefor shall be recorded by the Tribunal. (1) As soon
as may be, but not later than one month after the making of the order, the
Tribunal shall send the order to the Board. (2) Any
appellant may on application and payment of the fees prescribed by Board's
Regulations obtain a copy of the order from the Board. Where at any time before the date
fixed in the demand notice served under the proviso to sub-section (1) of
Section 52, the assessee pays the entire amount of the betterment fee or of the
balance then due he shall be allowed a rebate of six paise per rupee. Where an instalment of
betterment fee is not paid by the date fixed under sub-section (1) of Section
52 interest at the rate of six per cent per annum upon the amount outstanding
shall be payable by the assessee from that date. The period of grace, within which
any unpaid instalment of interest due under an agreement executed in pursuance
of sub-section (1) of Section 58 may be paid shall be fourteen days.THE UTTAR PRADESH AVAS EVAM VIKAS
PARISHAD (ASSESSMENT AND PAYMENT OF BETTERMENT FEES) RULES, 1967
PREAMBLE