[Act No. 29 of 1966] An Act to amend certain provisions of various enactments relating to
Local Self-Government for the purposes hereinafter appearing. It is hereby enacted in the Seventeenth Year of the Republic of India as
follows :-- This Act may be called the Uttar Pradesh Local Self-Government Laws
(Amendment) Act, 1965. (1)
The U.P.
Town Improvement Act, 1919, shall be amended in the manner set out in the
Schedule to the U.P. Town Improvement (Adaptation) Act, 1948, and the former Act
amended as aforesaid shall hereinafter in this Chapter be referred to as the
principal Act. (2)
The U.P.
Town Improvement (Adaptation) Act, 1948, is hereby repealed. After section 44 of the principal Act, the following new section shall
be added, namely-- "44-A. Other development undertakings (1)
The Trust
may at the instance or with the approval of the State Government undertake the
planned development of any area, and the provisions of sections 23 to 44 shall
not apply in relation to such undertaking. (2)
Any such
development undertaken by any Trust before the commencement of the Uttar
Pradesh Local Self-Government Laws (Amendment) Act, 1966, shall be deemed to
have been undertaken under this section as if the provisions of this section
were always in force, and accordingly, anything done or any action taken,
including any proceedings under Chapter VI in furtherance of any such
undertaking, shall be deemed to be and always to have been done or taken for
carrying out the purposes of this Act." After section 49-B of the principal Act the following new section shall
be added, namely-- "49-C. Power of Government to allow
expenditure from Trust fund Without prejudice to the powers of the Trust under any other provision
of this Act, the Trust may make provision for the doing of anything whereon
expenditure is declared by the State Government by general or special order to
be an appropriate charge on the funds of the Trust." For sub-section (1) of section 67-H of the principal Act the following
shall be substituted, namely-- "(1) The
duty imposed by the Indian Stamp Act, 1889, on any deed of transfer of
immovable property shall, in the case of immovable property situated within an
area to which this Act applies, 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." In section 112-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959,
hereinafter in this Chapter referred to as the principal Act, for sub-section
(2) the following sub-sections shall be substituted, namely-- "(2) When
any such service is created, officers and servants serving on the posts
included in the service, as well as officers and servants performing the duties
and functions of those posts under sub-clause (1) of clause (ee) of section 577
may, if found suitable, be absorbed in the service, provisionally or finally,
and the services of others shall stand determined, in the prescribed manner. (3) Without
prejudice to the generality of the provisions of sub-sections (1) and (2), such
rules may also provide for consultation with the State Public Service
Commission in respect of any of the matters referred to in the said
sub-sections." In sub-section (1) of section 191 of the principal Act, for the words
"on the value of the property transferred or in the case of usufructuary
mortgage on the amount secured by the instrument" the words "on the
amount or value of the consideration with reference to which the duty is
calculated under the said Act" shall be substituted. In section 577 of the principal Act-- (a)
in clause
(e), for the words "for so long as they are not appointed to posts created
under this Act they shall draw the same salaries and allowances and shall be
subject to the same conditions of service to which they were entitled or were
subject on the said day", the following shall be substituted, namely-- "for so long as they are not appointed to posts created under this
Act or finally absorbed in any centralised service created by rules made under
section 112-A or their services do not stand determined in accordance with such
rules, they shall draw the same salaries and allowances and, except as
otherwise provided in such rules, be subject to the same conditions of service
to which they were entitled or were subject immediately before the appointed
day"; (b) in
clause (f), for the words "the following procedure shall be adopted"
the words "subject to the provisions of any rules made under section
112-A, the following procedure shall be followed" shall be substituted. For the opening paragraph of sub-section (1) of section 60 of the U.P.
Municipalities Act, 1916, hereinafter in this Chapter referred to as the
principal Act, the following shall be substituted, namely:-- "In any municipality where there is an Executive Officer the
following powers of the Board shall be exercised by such officer and, save as
provided in section 62, not otherwise, namely--" For section 69-B of the principal Act, the following shall be
substituted, namely :-- "69-B. (1) Notwithstanding
anything contained in sections 57 to 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80,
the State Government may at any time by rules provide for the creation of one
or more services of such officers and servants as the State Government may deem
fit, common to all or some municipal boards or to the municipal boards and
Mahapalikas of the State, and prescribe the methods of recruitment and
conditions of service of persons appointed to any such service. (2) When any such service is created, officers and servants serving on
the posts included in the service may, if found suitable, be absorbed in the
service, provisionally or finally, and the services of others shall stand
determined, in the prescribed manner. (3) Without prejudice to the generality of the provisions of
sub-sections (1) and (2), such rules may also provide for consultation with the
State Public Service Commission in respect of any of the matters referred to in
the said sub-sections." For sub-section (1) of section 128-A of the principal Act the following
shall be substituted, namely-- "(1) Where
a board has imposed a tax referred to in clause (xiii-B) of sub-section (1) of
section 128, the duty imposed by the Indian Stamp Act, 1899, on any deed of
transfer of immovable property shall, in the case of immovable property
situated within the limits of such municipality, 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 that the board may, by special resolution, with the prior
approval of the State Government, raise the aforementioned percentage of the
increase in stamp duty up to five." In section 62 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam,
1965, hereinafter in this Chapter referred to as the principal Act-- (i)
in
sub-section (1), for the words "on the value of the property transferred
or in the case of usufructuary mortgage on the amount secured by the
instrument" the words "on the amount or value of the consideration
with reference to which the duty is calculated under the said Act" shall
be substituted; (ii)
in
sub-section (5), the following shall be added and be deemed always to have been
added at the end, namely-- "The provisions of sections 6, 8 and 24 of the U.P. General Clauses
Act, 1904, shall apply in relation to such cesser as they apply in relation to
repeal and re-enactment." In sub-section (3) of section 96 of the principal Act, for the words
"and of Chapter XIII of the Uttar Pradesh Nagar Mahapalika Adhiniyam,
1959", the following shall be substituted, namely-- "Chapter XIII of the Uttar Pradesh Nagar Mahapalika Adhiniyam,
1959, sections 178 to 186 of the U.P. Municipalities Act, 1916 (or the said
sections as extended under section 338 thereof or under section 38 of the U.P.
Town Areas Act, 1914), or, as the case may be, of sections 162 to 171 of the
U.P. Kshettra Samities and Zila Parishads Adhiniyam, 1961." For clause (d) of section 2 of the Uttar Pradesh (Regulation of Building
Operations) Act, 1958, hereinafter in this Chapter referred to as the principal
Act, the following shall be substituted, namely :-- "(d) 'regulated area' means an area in respect of which a
declaration under sub-section (1) of section 3 is for the time being in
force;" Section 3 of the principal Act shall be renumbered as sub-section (1)
thereof, and after sub-section (1) as so renumbered the following new
sub-section shall be added, namely :-- "(2) The operation of Chapter XIII of the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959, sections 178 to 186 of the U.P. Municipalities Act,
1916 (or the said sections as extended under section 338 thereof or under
section 38 of the U.P. Town Areas Act, 1914), sections 29, 30 and 32 of the
U.P. Town Improvement Act, 1919, or, as the case may be of, sections 162 to 171
of the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 1961,
shall in respect of a regulated area remain suspended for the period during
which the declaration relating to it under sub-section (1) remains in force,
and the provisions of section 6 of the U.P. General Clauses Act, 1904, shall
apply in relation to such suspension as if the suspension amounted to repeal of
the said enactments by this Act." In clause (gg) of sub-section (2) of section 19 of the principal Act,
for the words "obtaining of copies of" the words "inspection or
obtaining of copies of" shall be substituted. In the proviso to section 3 of the Uttar Pradesh Sthaniya Nikaya
(Alpakalik Vyavastha) Adhiniyam, 1963, hereinafter in this Chapter referred to
as the principal Act, for the words and figures "thirty-first day of
December, 1966", the words and figures "thirtieth day of June,
1967" shall be substituted. In section 5 of the principal Act, for the words and figures
"thirty-first day of December, 1966," the words and figures
"thirtieth day of June, 1967," shall be substituted. The Uttar Pradesh Palika (Centralised) Services Rules, 1966, shall be
deemed to have been made under the provisions of the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959, and the U.P. Municipalities Act, 1916, as if the
amendments made by this Act to the said Acts were always in force and be deemed
to be and always to have been valid and shall, subject to any amendments made
thereto, continue in force, and notwithstanding anything contained in the said
Acts, the power to make amendments to the said rules may, during the period
ending on September 4, 1967, be exercised retrospectively. The Uttar Pradesh Palika Sevayen (Kendriyakaran) (Prakirna Upbandha)
Adhiyadesh, 1966 (U.P. Ordinance VII of 1966), is hereby repealed.THE UTTAR PRADESH LOCAL-SELF GOVERNMENT LAWS (AMENDMENT) ACT, 1966
PREAMBLE
Section 20 – Repeal