UPAEVPAUttar Pradesh1965
THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
Act No. 1 of 1965
- Sections
- 99
- Chapters
- 11
- Classified offences
- 4
Contents
IIChapter II§ 3–1412 sections
- 3Constitution of the Board. - (1) The State Government shall by notification in the Gazette establish a Board to be called the Uttar Pradesh Avas Evam Vikas Parishad
- 4Disqualifications for being Adhyaksh or member, etc. - A person shall be disqualified for being chosen as and for being the Adhyaksh or a member of the Board if he
- 5Term of office of Adhyaksh and n on-official members. - The Adhyaksh, unless he is the Housing Commissioner, or a non-official member of the Board shall hold office for three years unless his term is determined earlier by the State Government by notification in the Gazette :
- 6Provisions regarding office of Adhyaksh. - (1) The Adhyaksh, unless he is the Housing Commissioner, shall be paid from the Board's fund such remuneration as may be prescribed
- 7Provisions relating to Housing Commissioner. - (1) There shall be a Housing Commissioner appointed by the State Government for the purposes of this Act
- 8Appointment of officers and servants. - [(1)] Subject to such control and restrictions as may from time to time be imposed by the State Government, by special or general orders, the Board may appoint such officers and servants as it considers . necessary for the efficient performance of its functions
- 9Units. - (1) The Board may by resolution establish a Housing Unit for any City and, with the previous approval of the State Government, for any other area for the efficient performance of its functions in that area
- 10Avas Samitis. - (1) The State Government may for any unit constitute a local advisory committee to be called Avas Samiti consisting of a Chairman and such other members and on such terms and conditions as may be prescribed
- 11Supervision and control by Housing Commissioner. - Subject to the provisions of this Act and the rules, the Housing Commissioner shall exercise supervision and control over all officers and servants of the Board
- 12Delegation of powers. - (1) Subject to the provisions of this Act and the rules, the Board may by general or special order delegate, either unconditionally or subject to such conditions, including the condition of review by itself, as may be specified in the order, to any committee appointed by it or to the Housing Commissioner or any officer of the Board such of its powers and duties under this Act, as it may deem necessary
- 13Disqualification from participating in proceedings on account of interest. - (1). A member of the Board or of an Avas Samiti or of a committee appointed by the Board who
- 14Acts not to be invalidated by informality, vacancy, etc. - No act done or proceeding taken under this Act by the Board, an Avas Samiti or a committee appointed by the Board shall be invalidated merely on the ground of
IIIChapter III§ 15–4935 sections
- 15Function of the Board. - (1) Subject to the provision of this Act and the rules and regulations, the functions of the Board shall be
- 16Housing or Improvement Scheme when to be framed by the Board. - (1) A housing or improvement scheme may be framed by the Board of its own motion or at the instance of a local authority and shall be framed when so directed by the State Government
- 17Matters to be provided for in housing or improvement schemes. - Notwithstanding anything contained in any other law for the time being in force, and without prejudice to other provisions of this chapter, a housing or improvement scheme may provide for all or any of the following matters, namely
- 18Types of housing and improvement schemes. - (1) A housing or improvement scheme shall be of one of the following types, or a combination of two or more of such types or of special features thereof namely
- 19Grihsthan Yojna. - (1) Whenever the Board is of opinion that it is expedient or necessary to meet the need for house accommodation in any area, the Board may frame a Grihsthan Yojna (house accommodation scheme)
- 20Malin Basti Sudhar Aur Nipatan Yojna. - (1) Whenever it appears to the Board
- 21Punarwas Yojna. - Whenever the Board is of opinion that it is necessary to provide accommodation for persons
- 22Sarak Yojna. - (1) Whenever the Board is of opinion that for the purposes of
- 23Bhavi Sarak Yojna. - (1) Whenever the Board is of opinion that it is necessary to provide for the future widening of any street by altering the existing alignments of such street but that it is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignments, the Board may frame a Bhavi Sarak Yojna (deferred street scheme), defining the alignment on each side of the street, and specify the time-limit for the execution of such scheme, which may be extended by the Board from time to time :
- 24Prasar Yojna. - (1) Whenever the Board is of opinion that it is expedient to control and provide for the future expansion or development of a city, municipality, town area or notified area, the Board may frame a Prasar Yojna (expansion scheme) and specify the time-limit, which may be extended by the Board from time to time, for the execution of the scheme :
- 25Bhoomi Vikas Yojana. - (1) Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a Bhumi Vikas Yojana (land development scheme)
- 26Bazar Yojana. - (1) Whenever it appears to the Board that any area is lacking inadequate facilities for marketing, shopping or commerce or that the existing markets or professional or commercial establishments are inconvenient to producers, bankers, traders, members of professions, consumers customers or of clients, or that it is otherwise expedient to improve, alter or demolish the existing markets or commercial or professional centers or lay out new markets or centers in any area, the Board may frame a Bazar Yojana (market scheme) for the area
- 27Barh Yojana. - (1) Whenever it appears to the Board that any area has been or is likely to be affected by the flooding of any river or rivulet or by waterlogging, the Board may frame a Barh Yojana (flood scheme) for such area
- 28Notice of housing and improvement scheme. - (1) When any housing or improvement scheme has been framed, the Board shall prepare a notice to that effect specifying
- 29Notice of proposed acquisition or levy of betterment fee. - Within six weeks from the date on which any notice is first published under section 28 in respect of any housing or improvement scheme t he Board shall serve a notice in such form, on such persons or classes of persons and in such manner as may be prescribed, stating that the Board proposes to acquire any specified land or building for the execution of the scheme or proposes to levy betterment fee
- 30Objection. - (1) Any local authority to whome a copy of the notice has been sent under clause (b) of sub-section (2) of section 28 may, within sixty days, from the receipt of the copy of the notice, file any objection against the scheme
- 31Abandonment modification or sanction of scheme. - (1) After considering the objections, if any, received in pursuance of the forgoing provisions and after giving an opportunity of being heard to the objectors, the Board may; so far as may be, within six months from the date of receipt of the last such objection, either abandon the scheme, or, if the estimated cost of the scheme does not exceed twenty lakhs of rupees, sanction it with or without modifications, and if the estimated cost of the scheme exceeds twenty lakhs of rupees, submit it to the State Government for sanction with such modifications, if any, as the Board may suggest
- 32Commencement of scheme. - (1) Whenever the Board or the State Government sanctions a housing or. improvement scheme, it shall be notified in the Gazette
- 33Alteration of scheme after commencement. - (1) At any time after a housing or improvement scheme has come into force and before it has been fully executed, the Board may for reasons to be recorded alter or cancel it:
- 34Execution of scheme. - (1) After a housing or improvement scheme has come into force the Board shall forthwith proceed to execute it, and in the case of a Bhavi Sarak Yojana (deferred street scheme) or Prasar Yojana (expansion scheme) complete it within the time-limit specified in the scheme or as extended by the Board. On the execution of the scheme being completed the Board shall by notification in the Gazette make a declaration to that effect
- 35Restriction on building in area proposed for or comprised in a Scheme
- 36Special powers relating to execution of Malin Basti Sudhar Aur Nipatan Yojna
- 37Provisions regarding tenants in Area comprised in Malin Vasti Sudhar Aur Nipatan Yojna
- 38Transfer to Board of building or land vested in local authority
- 39Transfer of private street or square to Board for purpose of scheme
- 40Repairs of streets vested in the Board
- 41Transfer of streets and open spaces to local authority
- 42Arrangement during work in streets
- 43Power of close public street or square
- 44Effect of schemes under this Act on powers of other local authorities
- 45Transfer of land, etc. by State Government to Board for purposes of scheme or management, etc
- 46Power of Board to undertake other projects at the instance of others
- 47Execution of other schemes by the Board
- 48Supervision and centage charges
- 49Power of State Government to call for the records of the Board and to modify or annul any scheme
IVChapter IV§ 50–545 sections
- 50Declaration regarding betterment fee. - (1) When by the execution of a housing or improvement scheme any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Board, be increased in value, the Board, in framing the scheme, may declare that betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme
- 51Assessment of betterment fee. - (1) When if appears to the Board that the scheme is sufficient advanced to enable the amount of the betterment fee to be determined, the Board shall, by resolution passed in this behalf, declare that for the purpose of determining such fee, the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice has been served under section 29 or to the successor-in-interest of such person, as the case may be, that the Board proposes to assess the amount of betterment fee payable in respect of such land under section 50
- 52Notice of demand. - (1) When the amount of betterment fee has been assessed under section 51, the Board shall by notice require the assessee to pay the betterment fee so assessed in such annual instalments, not exceeding ten, and by such dates as may be fixed in this behalf:
- 53Betterment fee as a charge on land. - (1) Any person liable to pay betterment fee in respect of any land may, at any time at his option, instead of paying the same to the Board, execute an agreement with the Board leaving the payment of the betterment fee or the balance thereof, as the case may be, outstanding as a charge on his interest in such land, subject to the annual payment, in perpetuity, of interest on such amount at the rate of six per cent, per annum
- 54Recovery of betterment fee, etc. as arrears of land revenue. - All money payable in respect of any land by any person under this Chapter in respect of betterment fee of any interest due thereon up to the date of realisation, shall be recoverable by the Board from the said person or his successor-in-interest as arrears of land revenue
VChapter V§ 55–639 sections
- 55Power to acquire land. - (1) Any land or any interest therein required by the Board for any of the purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1984 (Act No. 1 of 1984), as amended in its application to Uttar Pradesh, which for this purpose shall be subject to the modifications specified in the Schedule to this Act
- 56Power to acquire and dispose off land by agreement. - Subject to such conditions and restrictions as may be prescribed, the Board may
- 57Execution and registration of contract, etc. - (1) Every contract or assurance of property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be prescribed
- 58Financial provisions. - (1) The Board shall be have its own fund which shall be deemed to be a local fund and to which shall be credited all money received by or on behalf of Board
- 59Debentures. - (1) The Board may, from time to time, with the previous sanction of the State Government, issue debentures for such amount and on such terms and conditions as may be prescribed
- 60Repayment of loans. - (1) The Board shall, for the purpose of repayment of any loans raised, by it, establish a sinking fund in such manner as may be prescribed
- 61Grants and loans by Government. - The State Government may, from time to time, make grants or advance loans to the Board for the purposes of this Act on such terms and conditions as the State Government may determine
- 62Additional stamp duty on transfers of property. - (1) The duly impose by the Indian Stamp Act, 1899 (Act No. II of 1899), on any deed of transfer of immovable property shall, in the case of immovable properly situated within the area in which this Act is in force, be increased by two per cent. [on amount or value of the consideration with reference to which the duty is calculated under the said Act]:
- 63Accounts and audit. - [(1)(a)] The Housing Commissioner shall lay before the Board, at a special meeting to be held before the commencement of financial year, a budget of the Board for that Year
VIChapter VI§ 64–7210 sections
- 64Functions and constitutions of Tribunal. - (1) The State Government may, by notification in the Gazette, constitute one or more Tribunals for the purposes of
- 65Transfer of pending cases to the Tribunal. - Any case pending before a Tribunal constituted under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P: Act No. II of 1959), with reference to acquisition of land for a mahapalika in connection with an improvement scheme under the said Adhiniyam which, under sub-section (1) of section 44 or sub-section (1) or sub-section (2) of section 47, is transferred to the Board, shall, upon such transfer, stand transferred to the Tribunal constituted under section 64 having jurisdiction with respect to that city, and thereupon that Tribunal shall proceed further with the case, from the stage at which it was transferred to it, in accordance with the provisions of this Act and the rules
- 66Finality of decisions of Tribunal. - (1) An award of the Tribunal in a case relating to the acquisition of land under the Land Acquisition Act, 1894 (Act No. I of 1894), as modified by the Schedule to this Act, shall be deemed to be an award of the Court under that Act and shall, subject to the provisions of section 54 of that Act, be final
- 67Other provisions relation to awards and orders of Tribunal. - (1) An award or any order made by the Tribunal for payment of money, for delivery of possession or for removal of any structure shall be deemed to be a decree and the statement of the ground of such award or order within the meaning of clause (2) and clause (9) respectively of section 2 of the Code of Civil Procedure, 1908 (Act No. V of 1908)
- 68[* * *]
- 69[* * *]
- 70[ * * *]
- 71Recovery of rent through deduction from salary or wages. - (1) If any Board premises are let out to a person who is employed by the State Government or a local authority or in a factory or industrial establishment, he may execute an agreement in such form as maybe prescribed in favour of the Board providing that the State Government or the local authority or other employer, as the case may be, by whom he is employed shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due to him in respect of such premises
- 71A[* * *]
- 72[* * *]
VIIIChapter VIII§ 73–819 sections
- 73Penalty for building in contravention of schemes. - If any person erects, re-erects, adds to, or alters any building in contravention of the provisions of clause (a) of sub-section (3) of Section 23, sub-section (3) of section 24 or Section 35, he shall be punishable with fine which may extend to ten thousand rupees, and, in case of continuing breach, with further fine which may extend to five hundred rupees for each day during which the breach continues after the first conviction
- 74Penalty for obstructing contractor or removing mark. - If any person
- 75Penalty for acquiring share or interest in contract etc., with the Board. - If any Adhyaksh or any member of the Board acquires directly or indirectly, by himself or by any partner, employer or employee, any share or interest, pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Board, not being a share or interest which does not disqualify for being chosen or continuing as Adhyaksh or member, or
- 76Penalty in other cases. - If any person contravenes any provision of this Act or of any rule or regulation he shall, if no other penalty is provided for such contravention, be punishable with fine which may extend to five hundred rupees, and in case of continuing breach, with further fine which may extend to twenty-five rupees for each day during which the breach continues after the first conviction
- 77Offender's liability to pay compensation. - (1) When any person is convicted of any offence under this Act the Court convicting such person may, on application made in this behalf by the Board, call upon such person forthwith to show cause as to why he should not pay compensation to the Board for the damage caused by his act in respect of which he is convicted
- 78Offenses by companies. - (1) If the person committing and offence punishable under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
- 79Procedure. - (1) No court shall lake cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or an officer of the Board duly authorized in this behalf, within six months next after the commission of the offence
- 80Duty of Police Officers. - It shall be the duly of every police officer
- 81Compounding of offences. - Any offence punishable under this Act may either before or after the institution of the prosecution be compounded by the Housing Commissioner or by any officer authorized in this behalf by the Housing Commissioner by a general or special order, on such terms as the Housing Commissioner or other officer, as the case may be, thinks fit
IXChapter IX§ 82–9110 sections
- 82Power to direct removal of unauthorised erections. - (1) The Housing Commissioner may by notice require the owner of a building referred to in Section 73 to stop further work on such building and to alter or demolish the same in such manner and within such time as may be specified in the notice
- 83Exercise of powers and functions of local authority. - In an area in respect of which a housing or improvement scheme is in force the State Government may, by notification in the Gazette, declare that for the period during which the scheme remains in force such powers and functions exercisable by a local authority or its chief executive officer under the enactment constituting such local authority, and subject to such exceptions or modifications as may be specified in the notification, shall be exercised by the Board or the Housing Commissioner, as the case may be
- 84Power of entry. - (1) The Housing Commissioner, or any person authorized by him by general or special order in this behalf may, with or without assistants or workmen, enter into or upon any land, in order
- 85General power to pay compensation. - In any case not otherwise expressly provided for in this Act, the Board may pay reasonable compensation to any person who sustains damage by reason of the exercise of any power vested by or under this Act in the Board or the Housing Commissioner or any officer or servant of the Board
- 86Adhyaksh, etc. to be deemed public servants. - The Adhyaksh, the Housing Commissioner, and all members, officers and servants of the Board, members of committees constituted under this Act, the Tribunal, the prescribed authority and all other persons entrusted with the execution of any functions under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Act No. XLV of 1860)
- 87Protection for acts done in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government the Board or any committee thereof, the Adhyaksh, the Housing Commissioner, the Tribunal, the prescribed authority or any officer or servant of the State Government or the Board for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule or regulation
- 88Suits and legal proceedings. - (1) The Housing Commissioner may on behalf of the Board and subject to its control
- 89Mode of proof of documents of the Board. - (1) A copy of and entry in any register, or of any receipt, application, plan, notice, order, or other document in the possession of the Board, shall, if duly certified by an officer authorized in this behalf, be received as prima facie evidence of the entry or document and be admitted as evidence of the matter or transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters
- 90Copies from assessment books to be furnished by local authorities to Board. - The Chief Executive officer of a local authority shall, at the request of the Housing Commissioner, furnish him with a copy of, or an extract from, any assessment list of the local authority
- 91Mode of recovery of dues and penalties. - Without prejudice to any other mode of recovery provided by or under this Act or any other law for the time being in force, any sum due on account of penalty, damages, tax or fee, recoverable under this Act, or any sum due to the Board on account of rent or premium or on account of any deduction made under section 71 or of any loan granted by the Board for construction or improvement of houses or on account of the price of houses sold on hire-purchase shall be recoverable as arrears of land revenue
XChapter X§ 92–932 sections
- 92Control of the State Government over the Board and other local authorities. - (1) The Board shall
- 93Dissolution of the Board. - (1) If the State Government is of opinion that Board has failed to carry out its functions under this Act or that for any other reason, it is not necessary to continue the Board, it may, by notification in the Gazette, dissolve the Board from such date as may be specified in the notification
XIIChapter XII§ 96–983 sections
- 96Repeal, amendments and savings. - (1) On and from the day on which this Act comes into force in an area, the U.P. Town Improvement Act, 1919 (U.P. Act No. VIII of 1919), the U.P. Town Improvement (Appeals )Act, 1920 and the U.P. Town Improvement (Adaptation) Act, 1948 (U.P. Act No. XLVII of 1948 ), shall stand repealed in their application to that area and all references in any other law in force to an improvement trust constituted under the U.P. Town Improvement Act, 1919 (U.P. Act No. VIII of 1919), and to the Chairman of such trust shall in relation to that area be construed as references respectively to the Board and the Housing Commissioner
- 97Dissolution of Improvement Trust and its consequences.- (1) On and from the day on which this Act comes into force in an area, any Improvement Trust constituted for that area or part thereof shall stand dissolved and all its assets and liabilities shall stand transferred to and vested in the Board
- 98Power to remove difficulties. - If any difficulty arises in giving effect to the provision of this Act, or, by reason of anything contained in this Act, of any other enactment for the time being in force, the State Government may, as occasion requires, by order direct that this Act shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary or expedient