UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT (ASSESSMENT, LEVY AND COLLECTION OF WATER FEE) RULES, 2022

PREAMBLE

In exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2A) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973) and section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to make the following rules to provide for assessment, levy and collection of water fee, namely.

Rule- 1. Short title, extent and commencement.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Water Fee) Rules, 2022.

(2)     They shall be applicable to all the development areas of the State of Uttar Pradesh.

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

Rule- 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973);

(b)      'Authority' means the Development Authority constituted under section 4 of the Act;

(c)      'Building Permit' means authorization to proceed with construction or reconstruction of a specific building at a particular site in accordance with the building plan approved by the Authority;

(d)      'Development Area' means any area declared to be development area under section 3 of the Act;

(e)      'Development permit' means authorization to proceed with development or re-development of a specific parcel of land at a particular site in accordance with the layout plan approved by the Authority;

(f)       'Section' means a section of the Act;

(g)      'Water fee' means the fees levied under section 15 upon the person or body for using water supplied by the Authority for building operation or construction of buildings.

(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 Water Fee.

Water fee shall be levied in accordance with these rules where an application is submitted to the Authority for obtaining building permit or development permit in respect of a plot or land covered under the schemes of the Authority which have not been transferred to the Local Authority for maintenance:

Provided that water fee shall not be levied in the following circumstances:-

(a)      where the land or plot falls outside the limits of scheme developed by the Authority; or

(b)      where the land or plot falls within the limits of scheme developed by the Authority but the Authority fails to supply water:

Provided further that water fee shall not be levied where an application is submitted within the validity period for revision of building permit or development permit granted earlier and for which water fee has been paid earlier. In case the validity period is extended, water fee, at the rate applicable on the date of such sanction, shall be levied after adjusting the water fee paid earlier:

Provided also that where an application is submitted after the expiry of validity period of building permit or development permit granted earlier, water fee at the rate applicable on the date of such sanction shall be levied after adjusting the water fee paid earlier.

Explanation : Adjustment of water fee paid earlier shall be made after revising the same in conformity with cost inflation index of the Income Tax Department, Government of India.

Rule- 4. Assessment of Water Fee.

(1)     In case of Development Permit,-

Where an application is submitted to the Authority for obtaining development permit on a plot or land parcel with the area of 3000 square meters or more covered by the scheme of the Authority, the water fee shall be assessed on the basis of gross area of the plot or land parcel:

Provided that water fee shall not be levied where an application is submitted to the Authority for obtaining development permit outside the scheme of the Authority.

(2)     In case of Building Permit,-

(a)      Where an application is submitted to the Authority for obtaining building permit, the water fee shall be assessed on the basis of total covered area on all floors including basement of the proposed building.

(b)      Where an application is submitted to the Authority for raising additional construction in an existing building, the water fee shall be assessed on the basis of proposed additional covered area of the building.

(c)      Where an application is submitted to the Authority for approval of the compounding plan, the water fee shall be assessed on the basis of the total covered area to be compounded as per the applicable Compounding Bye-laws.

Rule- 5. Rates of Water Fee.

(1)     In case of development permit, the rate of water fee shall be Rs. 50/-(Rupees Fifty only) per square meter.

(2)     In case of building permit, the rate of water fee shall be Rs. 50/- (Rupees Fifty only) per square meter.

Rule- 6. Payment of Water Fee.

Subject to the provisions of the Act and these rules the applicant shall pay the full amount of water fee as levied by the Authority, prior to grant of permission under section15 of the Act:

Provided that water fee upto Rs. 10 lakhs (ten lakhs) shall be paid upfront and for an amount higher than the same, Rs. 10 lakhs (ten lakhs) shall be paid upfront and balance amount may be paid in four half-yearly installments with nine percent annual rate of 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 mortgaged land, as the case may be, shall be released after the payment of full amount:

Provided further that in case of default in timely payment of instalments, the applicant in addition to nine percent annual rate of interest, shall be liable to pay a penal interest at the rate of three percent per annum compounded annually

Rule- 7. Revision of the rates of Water Fee.

The rates of water fee shall be revised annually by the Authority with effect from 1st of April of every financial year in conformity with the cost inflation index of the Income Tax Department, Government of India

Rule- 8. Recovery of Arrears.

Any amount due to the Authority on account of water fee under these rules shall be recovered in accordance with the provisions of section 40 of the Act.

Rule- 9. Annual Statement of Water Fee.

The Vice Chairman of the Authority shall furnish to the Board of the Authority a written statement in respect of water fee for the preceding year, which shall contain information regarding the total amount collected by the Authority. Such a statement shall be furnished, as far as possible, in the first meeting of the Board of the Authority to be held every financial year and its copy shall also be sent to the State Government.