[12
OF 2023] [10th
July 2023] AN ORDINANCE further to
amend the Uttar Pradesh Urban Planning and Development Act, 1973. WHEREAS, the State
Legislature is not in session and the Governor is satisfied that circumstances
exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise
of the powers conferred by clause (1) of Article 213 of the Constitution of
India, the Governor is pleased to promulgate the following Ordinance:- (1)
This Ordinance may be called the Uttar
Pradesh Urban Planning and Development (Amendment) Ordinance, 2023. (2)
It shall come into force with effect from the
date of its publication in the Gazette. (a)
for clause (a), the following clause shall be
substituted, namely:- "(a)
amenity includes road, water supply,
street-lighting, drainage, sewerage, development of public parks and open
spaces, solid waste management and disposal, sewage treatment plant and other public
works including utilities, services and such other conveniences as the State
Government may, by notification in the Gazette, specify to be an amenity for
the purposes of this Act;" (b)
for clause (ggg), the following clause shall
be substituted, namely:- "(ggg)
development fee means the fee levied under section 15 for providing amenities
in the development area and improvement and maintenance thereof;" (c)
after clause (k), the following clauses shall
be inserted, namely:- "(kk)
special amenity includes projects of vital importance such as mass rapid
transit systems (metro rail, light rail, regional rapid rail, bus rapid transit
system, ropeway, etc.), freeways (elevated roads, etc.), urban revitalization
projects (river front development, etc.) or any other major infrastructure
project which may be notified to be as such by the State Government;" "(kkk)
special amenity fee means the fee levied under sub-section (2-B) of section 15
for provision of special amenities in the development area and improvement and
maintenance thereof; (d)
clause (kk) shall be renumbered as (kkkk); (e)
after clause (l), the following clause shall
be inserted, namely:- "(ll)
urban use charge means the charge levied
upon a person or body under section 38B;" (f)
clause (ll) shall be renumbered as (lll). "7.
The objects of the Authority shall be to
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, provision of other
services, facilities and special amenities as the State Government may, by
notification in the Gazette, specify 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
authorizing the disregard by the Authority of any law for the time being in
force." "(4)
A master plan may be revised at the end
of every ten years or earlier if the State Government so thinks fit." "(2-B)
Where in any development area, the State Government declares its intention to
undertake one or more special amenity projects, the Authority shall be entitled
to levy special amenity fee in such manner and at such rate as State Government
may, by notification in the Gazette, specify: Provided that the additional
amount levied and collected as a result of levy of special amenity fee shall be
credited to the Special Amenities Development Fund as established under section
20-A of this Act and it shall be utilized solely for the purpose of one or more
special amenity projects in such manner as may be notified by the State
Government from time to time." "20-A.
Special Amenities Development Fund (1)
Where, in any development area, the State
Government declares its intention to undertake one or more special amenity
projects, the State Government shall direct the concerned Authority to
establish and maintain a separate fund which shall be called the Special
Amenities Development Fund and to which the following proceeds shall be
credited:- (a)
money collected as special amenity fee under
sub-section (2-B) of section 15; (b)
money collected on account of any other
fees/charges in relation to the special amenity in such proportion and in such
manner as State Government may, by notification in the Gazette, specify. (2)
The fund shall be utilized solely for the
financial sustainability of the concerned special amenity project(s) in such
manner as State Government may, by notification in the Gazette, specify. (3)
The State Government shall, by notification,
constitute a Board for the administration of each of the Special Amenities
Development Fund(s) consisting of the following members:- (a)
the Chairman of the concerned Authority; (b)
the Vice-Chairman of the concerned Authority; (c)
a representative of the project
implementation agency of the special amenity project in the concerned
development area." 38-B.
Power of the Authority to levy Urban Use Charge Where, in any development
area, the land use of a particular land other than roads, parks and open
spaces, green belts, and public amenities is changed to higher use, as
specified in the Uttar Pradesh Urban Planning and Development (Assessment, Levy
and Collection of Land Use Conversion Charge) Rules, 2014 as a result of
revision of master plan under sub-section (4) of section 8 or preparation of
zonal development plan under section 9, the Authority shall be entitled to levy
urban use charge on the owner of such land at the time of granting permission
under section 15 in such manner and at such rates as may be prescribed: Provided that where the
master plan is prepared for the first time, no urban use charge shall be levied
upon the owner of such land."Uttar
Pradesh Urban Planning And Development (Amendment) Ordinance, 2023
In section 2 of the Uttar Pradesh Urban Planning and Development Act, 1973
(hereinafter referred to as the "principal Act"),-
For section 7 of the principal Act the following section shall be substituted,
namely:-
After sub-section (3) of section 8 of the principal Act, the following
sub-section shall be inserted, namely:-
After sub section (2-A) of section 15 of the principal Act, the following
sub-section shall be inserted, namely:-
After section 20 of the principal Act, the following section shall be inserted,
namely:-
In section 38-A of the principal Act, the second proviso to sub-section (1)
shall be omitted.
After section 38-A of the principal Act, the following section shall be
inserted, namely:-