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 (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. (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. 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. 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. 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. 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. All money collected as city development
charge shall be credited to the 'Infrastructure development fund' of the
Authority. 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. 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. 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. (See
Rule 5) City
Development Charges Sl. No. Development Area City Development Charge (Rs. Per
Sqm.) 1 Ghaziabad 500 2 Lucknow, Kanpur, Agra 300 3 Varanasi, Allahabad, Meerut 200 4 Moradabad, Bareilly, Aligarh,
Gorakhpur, Bulandshahr, Khurja, Hapur-Pilkhua, Baghpat-Barot-Khekra,
Saharanpur, Mathura-Vrindavan, Jhansi 150 5 Muzaffarnagar, Firozabad-Shikohabad,
Ayodhya-Faizabad, Rae Bareli, Banda, Rampur, Unnao-Shuklaganj, Urai, Azamgarh 100UTTAR
PRADESH URBAN PLANNING AND DEVELOPMENT (ASSESSMENT, LEVY AND COLLECTION OF CITY
DEVELOPMENT CHARGE) RULES, 2014
PREAMBLE