UTTARAKHAND
URBAN AND COUNTRY PLANNING AND DEVELOPMENT (AMENDMENT) ACT, 2013 THE UTTARAKHAND URBAN AND COUNTRY PLANNING AND DEVELOPMENT
(AMENDMENT) ACT, 2013 [Act No. 25 of 2013] An Act further to amend the Uttar Pradesh Urban Planning and
Development Act, 1973 (U.P. Act No. 11 of 1973) (as applicable in the State of
Uttarakhand) to the context of State of Uttarakhand Be it enacted in the
Sixty-fourth Year of the Republic of India by the Uttarakhand Legislative
Assembly as follows-- (1)
This Act may be called the Uttarakhand Urban and Country Planning
and Development (Amendment) Act, 2013. (2)
It shall come into force at once. The Uttar Pradesh Urban
Planning and Development Act, 1973 (hereinafter referred to as principal Act),
in sub-section (1) of Section 1, the following sub-section shall be
substituted, namely-- "(1) This Act may be
called the Uttarakhand Urban and Country Planning and Development Act, 1973 to
the context of the State of Uttarakhand.". In Section 2 of the
principal Act-- (a) clause
(d) shall be substituted as follows, namely-- '(d) "bye-law"
means a bye-law made under this Act by Uttarakhand Housing and Urban
Development Authority (hereinafter referred to as the State Authority) or the
Local Development Authority with the previous approval of the State
Government;'. (b) clause
(dd) shall be substituted as follows, namely-- "(dd) 'Chairman' and
'Vice-Chairman' means the Chairman and the Vice-Chairman respectively of the
Development Authority; (c) After
clause (dd), a new clause (ddd) shall be inserted as follows, namely-- '(ddd) "City
development charge" means the charge levied on a private developer under
Section 38-A for the development of land;'. (d) clause
(g) shall be substituted as follows, namely-- '(g) "the Development
Authority or the Authority" in relation to the whole of the State Area
shall be 'The Uttarakhand Housing and Urban Development Authority' (hereinafter
referred to as the State Authority) and in relation to any development area
shall be the Local Development Authority (hereinafter referred to as the Local
Authority) constituted and notified under Section 4 of the Act: Provided wherever in this
Act the word "Authority" appears, it shall be construed as the Local
Authority until and unless expressly provided as the State Authority: Provided further that the
Urban Local Bodies and Village Panchayats will also be construed as Local
Development Authority/Local Authority under this Act if so declared by the
State Government by issuing notification under subsection (1-A) of Section 4 of
this Act defining the extent of their development area(s). Concerned
Officer/person of such Urban Local Bodies and Village Panchayats shall exercise
powers as determined by the State Government by the Gazette Notification under
sub-section (1-A) of Section 4 of this Act.'. (e) clause
(ggg) shall be substituted as follows, namely-- '(ggg) "development
fee" means the fee levied upon a person or body under Section 15 for
construction of road, drain, sewer line, electric supply and water supply lines
in the development area by the Local Development Authority;'; (f) After
clause (ggg), two new clauses (gggg) and (ggggg) shall be inserted as follows,
namely-- "(gggg) 'Development
Plan' means the Master Plan or Zonal Development Plan approved and published by
the State Government under Section 12 of the Act; (ggggg) 'Chief Town and
Country Planner' means the Head of the Town and Country Planning Department of
the State Government;". (g) After
clause (h), two new clauses (hh) and (hhh) shall be inserted, as follows,
namely-- "(hh) 'land use
conversion charge' means the charge levied on a person or a body under Section
38-A for the change of land use in the Master Plan or the Zonal Development
Plan;" (hhh) 'licence fee' means
the fee levied on a private developer under Section 39-B seeking license for
assembly and development of land within the development area;" (h) After
clause (ii), a new clause (iii) shall be inserted as follows, namely-- "(iii) 'private
developer" means an individual, company or association, body of
individuals whether incorporated or not, owning or assembling or agreeing to
own or assemble, whether by purchase or otherwise, land for development and to
whom a license has been granted under Section 39-B of this Act.". (i) clause
(j) shall be substituted as follows, namely-- "(j) 'regulation'
means a regulation made under this Act by the State Authority or the Local
Development Authority with the prior approval of the State Government;". (j) clause
(k) shall be substituted as follows, namely-- "(k) 'rules' means a
rule made under this Act by the State Government or the State Authority;". In Section 3 of the
principal Act, a new proviso shall be inserted as follows, namely-- "Provided any area
covered under the U.P. Special Area Development Authorities Act, 1986 (U.P. Act
No. 9 of 1986) (as applicable in the State of Uttarakhand) is declared as a
Development Area under this section, the provisions of the U.P. Special Area
Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) shall stand repealed
for the said area.". In Section 4 of the
principal Act-- (a) sub-section
(1) shall be substituted as follows, namely-- "(1) The State
Government may by notification in the Gazette constitute for the purposes of
this Act, an authority to be called the 'Uttarakhand Housing and Urban
Development Authority' for all the development areas in the State with
headquarter at such place as the State Government may specify and Local
Development Authority for any development area.". (b) after
sub-section (1), two new sub-sections (1-A) and (1-B) shall be inserted as
follows, namely-- "(1-A) The State
Government may by notification in the Gazette declare the Urban Local Bodies
and Village Panchayats as Local Development Authority/Local Authority defining
the extent of their development area. The State Government by the said
notification may also define the powers of such Local Authorities and define
the designations of the persons/officers to exercise the powers under this Act.
The State Government may also declare/designate/appoint the Chairman of such
Local Development Authorities under this sub-section for the purpose of
exercising the powers under this Act. Such Urban Local Bodies and Village
Panchayats declared as Local Development Authority under this sub-section,
shall act for the purpose of development as per the provisions of this Act. (1-B) The existing Board of
such Urban Local Bodies and Village Panchayats, shall be deemed to be the Board
of the Local Development Authority/Local Authority under this Act to the extent
of the powers delegated to them under sub-section (1-A) of Section 4.". (c)
in sub-section (2), the word "Authority" shall be
replaced by the words "Uttarakhand Housing and Urban Development
Authority/State Authority or the Local Development Authority.". (d)
after sub-section (2), a new sub-section (2-A) shall be inserted
as follows, namely-- "(2-A)
(1) The Uttarakhand Housing and Urban Development Authority or the State
Authority shall consist of the following members, namely-- (a)
The Minister in charge of the Housing Department of the State
Government who shall be the Chairman; (b)
The Principal Secretary/Secretary to the Department of Housing of
the State Government who shall be the Vice-Chairman; (c)
A full time Chief Administrator appointed by the State Government,
who shall not be below the rank of Principal Secretary/Secretary to the State
Government; (d)
A full time Additional Chief Administrator appointed by the State
Government, who shall not be below the rank of Additional Secretary/Secretary
to the State Government; (e)
The Principal Secretary/Secretary to the Department of Finance of
the State Government: ex-officio, (f)
Principal Secretary/Secretary to the Department of Urban
Development of the State Government: ex-officio, (g)
Principal Secretary/Secretary to the Department of Planning of the
State Government: ex-officio, (h)
Principal Secretary/Secretary to the Department of Forest of the
State Government: ex-officio, (i)
Principal Secretary/Secretary to the Department of Tourism of the
State Government: ex-officio, (j)
Principal Secretary/Secretary to the Department of Industries of
the State Government: ex-officio, (k)
The Chief Town and Country Planner of Town and Country Planning
Department of the State Government: ex-officio, (l)
The Finance Controller of the State Authority to be appointed by
the State Government: ex-officio, and (m)
such other non-official members, not more than two, as the State
Government may from time to time by notification appoint. The non-official members as
mentioned in clause (m) above shall hold office during the pleasure of the
State Government: Provided that such
non-official member may at any time by writing under his hand addressed to the
Chief Administrator resign his office and on such resignation being accepted
shall be deemed to have vacated his membership. (2) No act or proceeding of
the State Authority shall be invalid by reason of the existence of any vacancy
in or defect in the constitution of the State Authority. (e)
in sub-section (3) before the word "Authority", the
words "Local Development" shall be inserted. (f)
after clause (b) of sub-section (3), a new clause (bb) shall be
inserted, namely-- "(bb) Secretary of the
Local Development Authority to be appointed by the State Government.". (g)
in clauses (c), (d), (e), (f), (g) and (h) of sub-section (3)
before the words "ex-officio", the words "or any person
nominated by him" shall be inserted. (h)
in sub-section (4) after the words "Vice-Chairman", the
words "of the local development authority" shall be inserted. (i)
in sub-sections (5), (6), (7) and (8) in place of words
"authority", the words "local development authority" shall
be substituted. (a) With the
renumbering of sub-sections (1), (2) and (3) of Section 5 as sub-sections (4),
(5) and (6) of the principal Act, the following new subsections (1), (2) and
(3) shall be inserted, namely-- "(1) The State
Government may by notification in the Gazette appoint three suitable persons as
the Chief Administrator, Additional Chief Administrator and the Finance
Controller respectively of the State Authority, as provided in sub-section
(2-A) of Section 4, who shall exercise such powers and perform such duties as
may be prescribed by regulations or delegated to them by the State Authority. (2) Subject to such control
and restrictions as may be determined by general or special order of the State
Government, the Chief Administrator or the Additional Chief Administrator of
the State Authority may appoint number of other officers and employees as may
be necessary for the efficient performance of the functions of State Authority
and may determine their designations and grades. (3) The Chief
Administrator, Additional Chief Administrator, the Finance Controller and other
officers and employees of the Authority shall be entitled to receive salaries
and allowances from the funds of the State Authority and shall be governed by
such salaries, allowances and other conditions of service as may be determined
by regulations made in this behalf by the State Government.". (b) In
sub-sections (4), (5) and (6) in place of words "authority", the
words "local development authority" shall be substituted. In Section 7 of the
principal Act-- (1)
in place of word "authority", the words "local
development authority" shall be substituted. (2)
after Section 7, two new Sections 7-A and 7-B shall be inserted as
follows, namely-- "7-A. Functions of the
State Development Authority.-- The State Development
Authority shall have the following powers-- (i)?? ?To
access the necessity of declaring/notifying any areas in the State as
development area and thereupon give recommendation to the State Government in
this regard and recommend constitution of local development authorities for the
said areas; (ii)? ?To prepare
Master Plans/Zonal Plans through Town and Country Planning Department or
through outsourcing for planned development of notified development areas in
the State and get them implemented through the local development authorities; (iii)? ?To
examine the proposals received from the local development authorities for
amendment in the old Master Plan and give its recommendations to the State
Government in this regard; (iv) ?To review the works of various development
authorities of the State and Town and Country Planning Department and issue
necessary directions to them; (v)? ?To
give recommendation to the State Government regarding distribution of
works/determination of jurisdiction amongst local development authorities,
Urban Local Bodies and Gram Panchayats in respect of plan sanctioning and
enforcement in various notified areas; (vi) ??To grant permission for the plans in the
notified/development areas as per the limit/norms prescribed by the State
Government and to do supervision/enforcement of such projects through local
development authorities/local bodies; (vii) To
conceptualise and formulate projects of infrastructure development having inter
regional benefits in the State, mobilize funds for such projects from
State/Central Government or through private investment and implement the
project by itself or through local development authorities; (viii) To
acquire/collect land for the development of residential projects and use such
land for the project developed by itself or by local development authorities or
based on Public Private Partnership; (ix) ?To explore opportunity to such mega projects
on Public Private Partnership which are in the interest of State, create
favourable environment in this regard and take all necessary steps for this purpose; (x)? ?To
prepare guidelines for the local development authorities with regard to Housing
and infrastructure development works and ensure compliance; (xi) ?To prepare a policy for the promotion of Low
Cost Housing and give recommendation to the State Government in this regard; (xii) To
decide the quantum of fund to be allocated to local development authorities
from its own fund and allocate the same amongst the local development
authorities; (xiii) To
sit in revision against the orders of the Chairman of local development
authorities passed under this Act; (xiv) To
carry out such other functions which may be assigned to it by the State
Government from time to time. 7-B. Control by the State
Authority.-- (1)
All orders passed by the State Authority shall be passed in the
name of the Chief Administrator of the State Authority. (2)
The Local Development Authority, the Chief Town and Country
Planner of the Town and Country Planning Department, the Chairman or the
Vice-Chairman of the Local Development Authority or any other officer
designated/appointed by the State Government under sub-section (1-A) of Section
4 of the Local Development Authority shall carry out such directions as may be
issued from time to time by the State Authority for the efficient administration
of this Act. (3)
If in, or in connection with, the exercise of its powers and
discharge of its functions by the State Authority, the Chairman or the
Vice-Chairman of the Local Development Authority under this Act any dispute
arises between the State Authority and any Local Development Authority or
between the two or more Local Development Authorities, the same shall be
referred to the State Government, whose decision on such dispute shall be
final. (4)
The State Authority may, at any time, either on its own motion or
on application made to it in this behalf, call for the records of any case
disposed of or order passed by the Local Development Authority or of its
Chairman for the purpose of satisfying itself as to the legality or propriety
of any order passed or direction issued and may pass such order or issue such
direction in relation thereto as it may think fit: Provided that the State
Authority shall not pass an order prejudicial to any person without affording
such person a reasonable opportunity of being heard. (5) Every
order of the State Authority made in exercise of the powers conferred by this
Act shall be final and shall not be called in question in any court.". The sub-section (1) of
Section 8 of the principal Act shall be substituted as follows, namely-- "(1) The Town and
Country Planning Department or any other agency appointed/nominated by the
State Authority, shall, in consultation with the concerned Local Development
Authority, as soon as may be, prepare a master plan for the development area as
directed by the State Authority". In sub-sections (1) and (2)
of Section 9 of the principal Act, for the word "authority", the words
"Town and Country Planning Department or any other agency
appointed/nominated by the State Authority" shall be substituted. The sub-section (2) of
Section 10 of the principal Act shall be substituted as follows, namely-- "(2) Every plan shall,
as may be after its preparation be submitted by the Town and Country Planning
Department or any other agency appointed/nominated by the State Authority to
the State Authority, who shall submit the same to the State Government for
approval. The State Government may either approve the plan without modification
or with such modifications as it may consider necessary or reject the plan with
directions to the State Authority for getting a fresh plan prepared according
to such directions.". In Section 11 of the
principal Act-- (1)
In sub-sections (1), (2) and (4) in place of word
"authority", the words "Town and Country Planning Department or
any other agency appointed/nominated by the State Authority" shall be
substituted. (2)
in place of sub-section (3), the following sub-section shall be
substituted, namely-- "(3) After considering
all objections, suggestions and representations, that may have been received by
the Town and Country Planning Department or any other agency
appointed/nominated by the State Authority, the Town and Country Planning
Department or any other agency appointed/nominated by the State Authority shall
finally prepare the plan and submit it to the State Authority for its onward
submission to the State Government, with its recommendation and observation, if
any, for approval.". In Section 12 in place of
word "authority", the words "State Authority and the concerned
Local Development Authority" shall be substituted. In Section 13 of the
principal Act-- (1)
In sub-sections (1), (2), (3), (4), (5) and (6) of Section 13 of
the principal Act, in place of word "authority", the words "Town
and Country Planning Department or any other agency appointed/nominated by the
State Authority" shall be substituted. (2)
In sub-section (5) in place of the word "State
Government", the words "State Authority" shall be substituted. In Section 14 of the
principal Act-- (1)
in sub-section (1) the words "Vice-Chairman" shall be
substituted by the words "Vice-Chairman of the concerned Local Development
Authority/Person(s) or Officer(s), designated to perform the functions under
this Act, of the Urban Local Bodies and Village Panchayats declared as Local
Development Authority/Local Authority under this Act or the State Authority, as
the case may be". (2)
in clauses (a), (b), (c) and (d) of sub-section (3) of Section 14
of the words "Vice-Chairman" shall be substituted by the words
"Vice-Chairman of the concerned Local Development Authority/Person(s) or
Officer(s) designated to perform the functions under this Act, of the Urban
Local Bodies and Village Panchayats declared as Local Development
Authority/Local Authority under this Act or the State Authority, as the case
may be". (3)
in clause (c) of sub-section (3) in place of the words
"it", the words "Town and Country Planning Department or any
other agency appointed/nominated by the State Authority" and in place of
words "such department or the local authority", the words "Town
and Country Planning Department or any other agency appointed/nominated by the
State Authority" shall be substituted. In Section 15 of the
principal Act-- (1)
in sub-section (1), in place of the words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act or the
State Authority, as the case may be" shall be substituted. (2)
in sub-section (2) in place of the word "Authority", the
words "Local Development Authority or the State Authority" shall be
substituted. (3)
in sub-section (3) in place of the words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act, of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act or the
State Authority, as the case may be" shall be substituted. (4)
in sub-section (3) the words "specified in clause (d) of
sub-section (2) of Section 9 or in relation to any other matter" is hereby
repealed and in third proviso in place of words "Vice-Chairman", the
words "Vice-Chairman of the concerned Local Development
Authority/Person(s) or Officer(s) designated to perform the functions under
this Act, of the Urban Local Bodies and Village Panchayats declared as Local
Development Authority/Local Authority under this Act or the State Authority, as
the case may be" shall be substituted. (5)
in sub-sections (4), (5), (6), (7), (8) and (9) in place of words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act, of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act or the
State Authority, as the case may be" shall be substituted. In Section 15-A of
principal Act, in place of word "authority", the words "Local
Development Authority or the State Authority as the case may be" shall be substituted. In Section 17 of principal
Act-- (1)
in sub-section (2) for the word "authority", the word
"State Authority or any Local Development Authority as the case may
be" shall be substituted. (2)
after Section 17, two new Sections 17-A and 17-B, shall be
inserted respectively as follows, namely-- "17-A. Land Bank of
State Authority.-- The State Authority shall
have the power to create its own Land Bank through-- (a)
the State Government under the Land Acquisition Act, or (b)
Surplus land received from the State Government, or (c)
the Land Acquisition/Pooling Policy of the development authorities
or, (d)
Purchase of land from any private person/agency/company, private
or public. 17-B. Disposal of land by
the State Authority.-- (1)
The State Authority may dispose of/transfer-- (a)
any land of its land bank to any of the Local Development
Authority/Company/Agency/Person, Private or Public for providing affordable
housing to the weaker sections of the society; (b)
any land acquired by the State Government and transferred to it
without carrying out any development thereon; or (c)
any such land after carrying out such development as it thinks
fit, to any Local Development Authority or any local authority or to such
persons, in such manner and subject to such terms and conditions as it
considers expedient for securing the development according to plan. (2)
Nothing in this Act shall be construed as enabling the State
Authority to dispose of land by way of gift, but subject thereto, references in
this Act, to the disposal of land shall be construed as references to the
disposal thereof in any manner, whether by way of sale, exchange or lease or by
the creation of any easement, right or privilege or otherwise. (3)
Notwithstanding anything contained in sub-section (2), the State
Authority may create a mortgage or charge over such land (including any
building thereon) in favour of the Life Insurance Corporation of India, the
Housing and Urban Development Corporation, or a banking company or any other
financial institution approved by general or special order in this behalf by
the State Government.". In Section 20 of principal
Act-- (1)
in sub-sections (1), (2), (3), (4), (5) and (6) in place of word
"authority", the words "Local Development Authority" shall
be substituted. (2)
after sub-section (7), two new sub-sections (8) and (9) shall be
inserted as follows, namely-- "(8) The Local Development
Authority shall contribute a fixed proportion of their net income to the State
Authority as decided by the State Authority. (9) The State Authority
shall, from the funds so collected under sub-section (8) above, decide the
quantum of the funds to be allocated and shall allocate the same amongst the
Local Development Authorities created under Section 4 of this Act.". After Section 20 of the
principal Act, a new Section 20-A shall be inserted as follows, namely-- "20-A. Funds of the
State Authority.-- (1)
The State Authority shall have and maintain its own fund i.e.
funds received from the Local Development Authorities as well as the funds
allocated by the State Government to it. (2)
The fund shall be applied towards meeting the expenses incurred by
the State Authority in the administration of this Act or for any other
purposes/functions entrusted by it to the concerned Local Development
Authority. (3)
The State Authority shall have the power to decide the quantum of
fund to be allocated and to allocate the same amongst the Local Development
Authorities/Local bodies in order to strengthen them financially. (4)
Subject to any directions of the State Government, the State
Authority may keep in current account of any Scheduled Bank such sum of money
out of its fund as it may think necessary for meeting its expected current
requirement and invest any surplus money in such manner as it thinks fit. (5)
The State Government may, after due appropriation in that behalf,
make such grants, advances and loans to the State Authority as the State
Government may deem necessary for the performance of the functions of the State
Authority under this Act and all grants, loans and advances made shall be on
such terms and conditions as the State Government may determine. (6)
The State Authority may borrow money by way of loans or,
debentures or from such sources (other than the State Government) and on such
terms and conditions as may be approved by the State Government. (7)
The State Authority shall maintain a sinking fund for the
repayment of moneys borrowed under sub-sections (5) and (6) and shall pay every
year into the sinking fund such sum as may be sufficient for repayment of all
moneys so borrowed within the period fixed. (8)
The sinking fund or any part thereof shall be applied in or
towards the discharge of the loan for which such fund was created, and until
such loan is wholly discharged it shall not be applied for any other
purpose.". In Section 21 of principal
Act in place of word "authority", the words "Local Development
Authority" shall be substituted. After Section 21 of the
principal Act, a new Section 21-A shall be inserted as follows, namely-- "21-A. Budget of the
State Authority.-- The State Authority shall
prepare in such and at such time every year as the State Government may specify
a budget in respect of the financial year next ensuing, showing the estimated
receipts and expenditure of the State Authority.". In sub-sections (1), (2),
(3), (4) and (5) of Section 22 of principal Act in place of word "authority",
the words "Local Development Authority and State Authority as the case may
be" shall be substituted. In Section 23 of principal
Act in place of words "authority", the words "Local Development
Authority and State Authority as the case may be" shall be substituted. In Section 24 of principal
Act in place of word "authority", the words "Local Development
Authority and State Authority as the case may be" shall be substituted. In sub-sections (1), (2),
(3), (4) and (5) of Section 27 of principal Act in place of words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act, of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act",
shall be substituted. In sub-sections (1), (2),
(3), (4), (5) and (6) of Section 28 of principal Act in place of words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act, of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act"
shall be substituted. In sub-sections (1), (2),
(3), (4) and (5) of Section 28-A of principal Act in place of words
"Vice-Chairman", the words "Vice-Chairman of the concerned Local
Development Authority/Person(s) or Officer(s) designated to perform the
functions under this Act, of the Urban Local Bodies and Village Panchayats
declared as Local Development Authority/Local Authority under this Act"
shall be substituted. In sub-section (1J of
Section 32 of principal Act in place of words "Vice-Chairman", the
words "Vice-Chairman of the concerned Local Development
Authority/Person(s) or Officer(s) designated to perform the functions under
this Act of the Urban Local Bodies and Village Panchayats declared as Local
Development Authority/Local Authority under this Act" shall be
substituted. In Section 37 of principal
Act in place of words "Section 41", the words "Section 7-B"
shall be substituted. After Section 37 of the
principal Act, a new Section 37-A shall be inserted as follows, namely-- "37-A. Bar of
jurisdiction of Civil Courts.-- (1)
No Civil Court shall have jurisdiction to entertain any suit or
proceedings in respect of any matter the cognizance of which can be taken and
disposed of by any authority empowered by this Act under the rules or
regulations made under this Act. (2)
No suit shall lie against the State Government or any State or
Local Authority for any relief in respect of any matter covered by this Act. (3)
All suits, appeals, revisions, application for review and other
incidental or ancillary proceedings including all proceedings under Order 39 of
the First Schedule to the Code of Civil Procedure, 1908 (Act No. V of 1908)
arising out of such suits, pending before any court subordinate to the High
Court and all revisions arising out of interlocutory orders pending before the
Court subordinate to High Court, relating to any matter covered under this Act,
on the date of commencement of this Act, shall stand transferred to the
Chairman of the concerned Local Development Authority or the State Authority,
as the case may be and Local Development Authority or the State Authority shall
decide the cases in the same manner as if they were instituted before them
under Sections 27 and/or 28 or Section 7-B of this Act respectively: Provided that the Local
Development Authority or the State Authority, as the case may be, subject to
the provisions of Sections 27 and or 28 or Section 7-B of this Act
respectively, shall commence the proceedings from the stage at which the case
stood transferred as aforesaid with any pleadings presented or any oral or
documentary evidence produced in the court as if the same were presented or
produced before them.". After Section 38 of the
principal Act, a new Section 38-A shall be inserted as follows, namely-- "38-A. Power of Local
Development Authority to levy land use conversion charge and city development
charge.-- (1) Where in
any development area the land use of a particular land is changed as a result
of amendment of Master Plan or Zonal Development Plan under Section 13 on
request of the land owner, the Local Development Authority shall be entitled to
levy land use conversion charge on the owner of such land and in such manner
and at such rates as may be prescribed: Provided that the land use
conversion charge shall not be recovered during consideration of the
application made for land use change, rather only such processing fee as
prescribed by the local development authority to meet the expenses on examining
the matter and inviting objections in the newspapers, shall be deposited by the
applicant along with application. Only after the application found finally
acceptable, the land use conversion charge shall be recovered from the owner of
land by the concerned Local Development Authority prior to final notification
under sub-section (4) of Section 13 of this Act: Provided further that where
the land use of a particular land is changed as a result of coming into
operation of Master Plan or Zonal Development Plan, no land use conversion
charge shall be levied upon the owner of such land. (2) Where in
any development area, a licence has been granted to private developer for
assembly and development of land, the Authority shall be entitled to levy city
development charge on the private developer of such land and in such manner and
at such rates as may be prescribed by the State Government.". After Section 38 of the
principal Act, a new Section 38-A shall be inserted as follows, namely-- "39-B. Licence for
Assembly and Development of Land.-- The Local Development
Authority/State Authority may grant license to private developer for assembly
and development of land within its development area in such manner and for such
period as may be prescribed.". In Section 41 of principal
Act-- (1)
sub-section (1) in place of word "authority", the words
"State Authority or the Local Development Authority, as the case may
be" shall be substituted. (2)
sub-section (2) shall be substituted as follows, namely-- "(2) If in, or in
connection with, the exercise of its powers and discharge of its functions by
the State Authority, Local Authority, the Chairman or the Vice-Chairman of the
Local Development Authority or Local Development Authority created under
sub-section (1-A) of Section 4 under this Act any dispute arises between the
State Authority, Local Authority, and even between the two Local Authorities or
their respective Chairman or the Vice-Chairman or any other person/officer
appointed/designated under sub-section (1-A) of Section 4 for the Local
Development Authorities created under sub-section (1-A) of Section 4 of this
Act the decision of the State Government on such dispute shall be final." (3) Sub-section
(3) shall be deemed hereby repealed. After Section 46 of the
principal Act, a new Section 46-A shall be inserted as follows, namely-- "46-A. Authentication
of orders and instruments of the State Authority.-- All permissions, orders,
decisions, notices and other documents of the State Authority shall be
authenticated by the signatures of the Chief Administrator or any other officer
authorised by the Chief Administrator of the State Authority in that
behalf.". After Section 47 of the
principal Act, a new Section 47-A shall be inserted as follows, namely-- "47-A. Members and
officers of the State Authority to be public servants.-- Every member, every officer
and every employee of the State Authority shall be deemed to be a public
servant within the meaning of Section 21 of the Indian Penal Code.". In Section 48 of principal
Act, before the word "Act", the words "Section 26 of shall be
inserted. After sub-section (3) of
Section 51 of the principal Act, a new sub-section (4) shall be inserted as
follows, namely-- "(4) The Chief
Administrator of the State Authority may by general or special order direct
that any power exercisable by him under this Act may also be exercised by the
Additional Chief Administrator of the State Authority in such cases and subject
to such conditions, if any, as may be specified therein.". In Section 55 of principal
Act-- (1)
sub-section (1) after the words "State Government", the words
"or State Authority" shall be inserted; (2)
sub-section (3) shall be deemed hereby repealed. In Section 56 of principal
Act-- (1)
in sub-sections (1) and (2) in place of word
"authority", the words "the State Authority or the Local
Development Authority or the Local Development Authority created under
sub-section (1-A) of Section 4 of this Act, as the case may be," shall be
substituted. (2)
after clause (b) of sub-section (2) a new clause (bb) shall be
inserted, namely-- "(bb) The powers and
duties of the Chief Administrator, Additional Chief Administrator and Finance
Controller of the State Authority.". (3) after
clause (c) of sub-section (2), a new clause (cc) shall be inserted, namely-- "(cc) The salaries,
allowances and conditions of service of the Chief Administrator, Additional
Chief Administrator, Finance Controller and other officers and
employees.". (4) in clause
(f) of sub-section (2) in place of the words "authority", the words
"the State Authority or the Local Development Authority or the Local
Development Authority created under sub-section (1-A) of Section 4 of this Act,
as the case may be," shall be substituted. In Section 57 of principal
Act in place of the word "authority", the words "the State
Authority or the Local Development Authority or the Local Development Authority
created under sub-section (1-A) of Section 4 of this Act, as the case may
be" shall be substituted. In sub-sections (1) and (2)
of Section 58 of the principal Act, in place of the word "authority",
the words "the State Authority or the Local Development Authority or the
Local Development Authority created under sub-section (1-A) of Section 4 of
this Act, as the case may be" shall be substituted. In Section 59 of the
principal Act-- (1) after
clause (a) of sub-section (1) a new clause (aa) shall be inserted, namely-- "(aa) The operation of
the U.P. Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of
1986) (as applicable in the State of Uttarakhand) in relation to the area
declared as a Development Area under Section 3 of this Act, shall stand
repealed as from the date of the declaration of development area and the
Special Area Development Authority constituted under the U.P. Special Area
Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) for that area as
from that date, shall stand dissolved.". (2)
In clause (b) of sub-section (1) after the word
"suspended" the words "and repealed" shall be inserted. (3)
in clause (b) and (c) of sub-section (1) after the words
"clause (a)", the words "and clause (aa)" shall be
inserted. (4)
in clause (c) of sub-section (1) after the words "Uttar
Pradesh Municipal Corporation Act, 1959", the words "or the Uttar
Pradesh Special Area Development Area Act, 1986" shall be inserted. (5)
after clause (c) of sub-section (1), a new clause id) shall be
inserted, namely-- "(d) All Development
Authorities constituted under the present Act, before the commencement of this
Act, shall continue to exist and will be deemed to be Local Development
Authorities as if constituted by this Act, and any act/function discharged by
them in such capacity shall be deemed to have been done or taken under this
Act.". (6)
in sub-section (3) after the words "Uttar Pradesh (Regulation
of Building Operations) Act, 1958", the words "or the Uttar Pradesh
Special Area Development Authorities Act, 1986" shall be inserted.(7) in
proviso to sub-section (3) after the words "Municipal Corporation",
the words "or the Uttar Pradesh Special Area Development Authorities Act,
1986 or in relation to the functions specified under the U.P. Special Area
Development Authorities Act, 1986" shall be inserted. (7)
in sub-section (4) after the words "Municipal
Corporation", the words "or the Special Area Development
Authorities" shall be inserted. (8)
in clause (f) of sub-section (6) after the words "Uttar
Pradesh (Regulation of Building Operations) Act, 1958", the words "and
all appeals under the U.P. Special Area Development Authorities Act, 1986"
shall be inserted. (9)
in the explanation of clause (f) of sub-section (6) after the
words "Uttar Pradesh Municipal Corporation Act, 1959", the words
"or under the provisions of the Uttar Pradesh Special Area Development
Authorities Act, 1986." and after the words "with or for the
Municipal Corporation", the words "or the Special Area Development
Authority" and after the words "Adhiniyam", the words "or
the U.P. Special Area Development Authorities Act, 1986 or in relations to the
functions specified under the U.P. Special Area Development Authorities Act,
1986" shall be inserted. (10)
in sub-section (8) after the words "Municipal Corporation
concerned", the words "or the Special Area Development
Authority" and after the words "Uttar Pradesh Municipal Corporation
Act, 1959" the words "or the U.P. Special Area Development
Authorities Act, 1986" shall be inserted. (11)
in sub-section (9) after the word "Trust", the words
"or the Special Area Development Authority" and after the words
"or trust", the words "or the State Government" shall be
inserted. (12)
in sub-section (13) after the words "Special Avas Parishad
Schemes", the words "and all the functions under the U.P. Special
Area Development Authorities Act, 1986" shall be inserted. (13)
after sub-section (14), a new sub-section (15) shall be inserted,
namely-- "(15) No act/acts or
proceedings/functions of the Development Authorities in the State of
Uttarakhand constituted under the U.P. Urban Planning and Development Act,
1973, done or performed before the commencement of this Amendment Act, so far
as they are not inconsistent with the provisions of this Act, shall be
invalidated after the commencement of this Amendment Act, and all acts and
functions performed by them before the commencement of this Act so far as they
are not inconsistent with the provisions of this Act shall be deemed to have
been done or performed under the provisions of this Act.".
Preamble - THE UTTARAKHAND URBAN AND COUNTRY PLANNING AND
DEVELOPMENT (AMENDMENT) ACT, 2013PREAMBLE