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THE UTTAR PRADESH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2018

THE UTTAR PRADESH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2018

THE UTTAR PRADESH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2018

THE UTTAR PRADESH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2018[1]

[Act No. 25 of 2018]

[10th April, 2018]

PREAMBLE

An Act further to Amend the Uttar Pradesh Municipal Corporation Act, 1959.

It is hereby enacted in the Sixty-ninth Year of the Republic of India.

Section 1 - Short, title and commencement

(1)     This Act may be called the Uttar Pradesh Municipal Corporation (Amendment) Act, 2018.

(2)     It shall extend to the whole of the State of Uttar Pradesh.

(3)     It shall be deemed to have come into force on January 29, 2018.

Section 2 - Amendment of Section 114 of U.P. Act No. 2 of 1959

In Section 114 of the Uttar Pradesh Municipal Corporation Act, 1959, hereinafter referred to as the principal Act, for clause (xxi), the following clause shall be substituted, namely--

"(xxi) the construction and maintenance of public markets and the regulation of all markets, slaughter houses, and tanneries".

Section 3 - Amendment of Section 422

In Section 422 of the principal Act,--

(a)      for clauses (a) and (b), the following clauses shall be substituted, namely--

"(a) upon being authorised by the corporation in that behalf, to construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a corporation market or stockyard, within, and with the prior sanction of the State Government, without the limits of the corporation and of extending or improving any existing corporation market;

(b)   from time to time, to build and maintain such corporation markets and stockyards and such stalls, shops, sheds, pens and other buildings or conveniences as may be deemed necessary for the use of the persons carrying on trade or business in, or frequenting, such corporation markets or stockyard;".

(b)      for clause (f), the following clause shall be substituted, namely--

"(f)   to charge for the occupation or use of any stall, shop, standing, shed or pen or other building in a corporation market, stockyard, and for the right to expose goods for sale in a corporation market, and for weighing and measuring goods sold in any such market such stallages, rents and fees as shall from time to time be fixed by him, with the approval of the Executive Committee, in that behalf;".

(c)      for clause (h), the following clause shall be substituted, namely--

"(h) to put up to public auction, or with the approval of the Executing Committee, dispose of, by private sale, for privilege of occupying or using any stall, shop, standing, shed or pen or other building in a corporation market, stockyard for such terms and on such conditions as he shall think fit.".

Section 4 - Omission of Sections 429 and 430

Section 429 and 430 of the principal Act shall be omitted.

Section 5 - Repeal and saving

(1)     The Uttar Pradesh Municipal Corporation (Amendment) Ordinance, 2018 (U.P. Ordinance No. 2 of 2018) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.



[1] Received the assent of the Governor on April 10, 2018 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 12th April, 2018, pp. 3-5, No. 96.