UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT (ASSESSMENT, LEVY AND COLLECTION OF CITY DEVELOPMENT CHARGE) RULES, 2014

PREAMBLE

In exercise of the powers under clause (c) of sub-section (2) of Section 55 read with sub-section (2) of Section 38-A of the Uttar Pradesh Urban Planning and Development Act, 1973 (U.P. Act No. 11 of 1973), the Governor is pleased to make the following rules, namely

Rule - 1. Short title, commencement and extent.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of City Development Charge) Rules, 2014.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

(3)     They shall be applicable to such development areas where a license has been granted to a private developer for assembly and development of land under Section 39-B of the Act.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires, 'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973;

(2)     Words and expressions, not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule - 3. Levy of city development charge.

City development charge shall be levied in accordance with these rules where an application is submitted to the Authority for obtaining development permit by a private developer to whom license has been granted for assembly and development of land.

Rule - 4. Assessment of city development charge [sub-section (2) of Section 38-A].

The city development charge shall be assessed on the basis of gross area of land for which license has been granted:

Provided that in case any land owned by a private developer falling within license area is earmarked for road, part and open space or green belt in the master plan or zonal development plan, the city development charge shall be calculated after deducting the area of such land from the gross area of the scheme subject to the condition that the entire license area has to be contiguous and the private developer undertake to develop such land as road, park and open space or green belt at the case may be, at his own cost.

Explanation It is clarified that only such land earmarked for road, park and open space or green belt in the master plan or zonal development plan may be included in the license area as is owned by the private developer.

Rule - 5. Rates of city development charges [sub-section (2) of Section 38-A].

The rates for city development charge for different development areas shall be as mentioned in the Schedule appended to these rules:

Provided that in case of special amenity or impact-oriented or zone-based development (e.g. transit oriented development along mass rapid transit corridors), an additional city development charge as determined by the Authority, may be levied:

Provided further that in case connectivity to trunk services such as road, drainage and sewage disposal, water supply, electricity, solid waste management, etc. is availed by the private developer, pro-rata charges for such connectivity may also be levied by the Authority.

Explanation.For the purpose of this rule, the rates as set out in the Schedule appended to these rules shall mean the rates as applicable on the date of submission of application to the Authority.

Rule - 6. Payment of city development charge [sub-section (2) of Section 38-A].

Subject to the provisions of the Act and these rules a private developer shall pay the full amount of city development charge, as levied by the Authority, prior to the grant of permission under Section 15 of the Act:

Provided that the Vice-Chairman of the Authority may permit payment of city development charge in instalments over a time period of maximum 2 years with 12 per cent annual rate of simple interest, if the applicant furnishes a bank guarantee equivalent to the total amount due or alternatively mortgages saleable land in favour of the Authority as security against the total amount due. The bank guarantee or the mortgaged land shall be released after the payment of full amount of city development charge:

Provided further that in case of default in the timely payment of instalments, the applicant shall be liable to pay a penal interest at the rate of 15 per cent per annum compounded annually.

Rule - 7. Infrastructure Development Fund [sub-section (2) of Section 38-A].

All money collected as city development charge shall be credited to the 'Infrastructure development fund' of the Authority.

Rule - 8. Revision of the rates of city development charge [sub-section (2) of Section 38-A].

The rates of city development charge shall be revised annually by the Authority with effect from 1st of April every calendar year in conformity with the Central Public Works Department Cost Index:

Provided that if the Central Public Works Department Cost Index is not available, the rates of city development charge shall be revised by the Authority on the basis of such equivalent index as may be notified by the State Government in this regard:

Provided further that the Authority may revise the rates from time to time by recording the reasons thereof.

Rule - 9. Recovery of Arrears (Section 40).

Any amount due to the Authority on account of the city development charge under these rules shall be recovered in accordance with the provisions of Section 40 of the Act.

Rule - 10. Annual statement city development charge [sub-section 2(2) of Section 38-A].

The Vice-Chairman of the Authority shall furnish to the Bard of the Authority a statement in respect of Infrastructure Development Fund for the preceding year, which shall contain information regarding the total amount collected by the Authority as city development charge and details of its utilisation. Such statement shall be furnished as far as possible in the first meeting of the Board of the Authority to be held every financial year its copy shall also be sent to the State Government.

SCHEDULE

(See Rule 5)

City Development Charges