LexThe Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965
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THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD1
ADHINIYAM, 1965
[U. P. Act No. 1 OF 1966]
Amended by
U. P. Act no. XXIX of 1966
U. P. Act no. 30 of 1970
U. P. Act no. 13 of 1972
U. P. Act no. 22 of 1972
U. P. Act no. 47 of 1976
U. P. Act no. 10 of 1978
U. P. Act no. 11 of 2007
U. P. Act no. 07 of 2010
[Passed in Hindi by th e Uttar Pradesh Legislative Assembly on August
17, 1965 and by the Uttar Pradesh Legislative Council on September 6, 1965.]
Received the Assent of the President on September 28, 1965 under
article 201 of the Constitution of India and was published in the U ttar Pradesh
Gazette, Extraordinary, dated February 16, 1966.
AN
ACT
To provide for the establishment, incorporation and functioning of a
housing and development board in Uttar Pradesh.
It is hereby enacted in the Sixteenth Year of the Republic of India as
follows:
CHAPTER–I
PRELIMINARY
Short Title and
Commencement
1. (1) This Act may be called the Uttar Pradesh Avas Evam
Vikas Parishad Adhiniyam, 1965.
(2) It extends to the whole of Uttar Pradesh excluding
Cantonment areas.
(3) It shall come into force in such area and on such date as
the State Government may by notification in the Gazette appoint; and
different dates may be appointed for different areas of Uttar Pradesh.
1. See S.O.R. U.P. extra ordinary Gaz. dt. 15th April, 1965.
Number of notifications
and dates Description of areas in which the Act was enforced Date on which the
act was enforced
1 2 3
O-324H-O/XXXVII—8 (H-
B) 65, dated March 29,
1966.
O-324/XXXVII—8(HB) 65,
dated December 2, 1967.
5212.K/XXXVII—8 (H B) 65, dated
November 29, 1968.
2154-K.XXXVII— 8 (H B)
65, dated August 20,
1971.
The cities of Kanpur, Allahabad, Varanasi, Agra
Lucknow as constituted under section 3 of the U. P.
Nagar Mahapalika Adhiniyam, 1959 (U. P. act no. II of
1959.)
Areas under the jurisdiction of the i mprovement
Trusts of Meerut, Dehrad un, Bareilly, Gorakhpur,
Saharanpur, Moradabad, Aligarh, Faizabad,
Shahjahanpur and Jhansi.
The area within the limits of Almora Municipality.
(1) The areas falling within the limits of the
Municipalities of Firozabad, Sitapur, Basti, Rishikesh,
Mathura, Jaunpur, Banda, Muzaffarnagar, Rampur,
Farrukhabad-cum- Fatehgarh, Azamgarh, Bahraich,
Rai Bareli, Hapur, Har dwar, Roorkee, Muss oorie,
Naini T al, Vrindaban, Pi libhit, Maunath Banjan,
Mirzapur, Shikohabad, Kasganj, Unnao , chandausi,
Shahabad, Etah, Amroha, Etawah, Lakhimpur,
Mainpuri, Deoria, Haldwani -cum-Kathgodam,
Bulandshahr, Rudrapur and Pauri, and
April 1, 1966.
December 7, 1967.
December 1, 1968.
August 21, 1971.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
144
Number of
notifications and
dates
Description of areas in which the Act was
enforced
Date on which
the act was
enforced
1 2 3
239/XXXVII-2—8
(H B) 65 dated
December 2, 1971.
239/XXXVII, 2–8
(H B) 65 dated
December 4, 1971.
358/XXXVII—2-8
(H B) 65, Dated
March, 21, 1972.
2686/XXXVII-2-8
(H B) 65, dated June
19, 1972.
434/XXXVII-2—284
(V) 71, dated
December 2, 1972.
3530/XXXVII-2—8
(H B) 65, dated
September 26,1977.
(2) The areas falling within the limits of the
Regulated Areas Kichha and Bazpur, declared
as such under section 3 (i) of the U. P.
(regulation and Building Operations) act, 1958
(U. P. Act no. XXXIV of 1958).
The area following within the limits of the
municipality of Pratapgarh and the areas lying
within the periphery of five kilometers beyond
the limits of the said municipality.
(1) The areas lying within the periphery
of five kilometers beyond the Mun icipal limits
of Firozabad, Sitapur , Basti, Rishikesh,
Mathura, Jaunpur, Banda, Muzaffarnagar,
Rampur, Farrukhabad -cum- Fatehgarh,
Azamgarh, Bahraich, Raib areli, H apur,
Hardwar, Roorkee, Musso ourie, Naini Tal,
Vrindaban, Pilibhit, Maunath B hanjan,
Mirzapur, Shikohabad, Kasganj, Unnao,
chandausi, Shahabad, Etah, Amroha, Etawah,
Lakhimpur, Mainpuri, Deoria, Haldwani -cum-
Kathgodam, Bulandshahr, Rudrapur and Pauri
: and
(2) The areas lying with in the periphery
of five kilometres beyond the limits of regulated
Areas Kichha and Bazpur.
The areas falling within the limits of the
Municipality of Kotdwara.
(1) The areas lying within the limits of
the Municipalities of Barab anki (Nawabganj),
Gonda, Sultanpur, Orai, Uttar Kashi ,
Hamirpur, Pithoragarh, Hardoi, Bijnor,
Budaun, Ballia and Ghazipur.
(2) The areas lying within the limits of
Notified Areas of Chamoli -Gopeshwar and
Narendra Nagar.
(1) Areas under the Jurisdiction of
Municipalities of Kashipur, Jospur, Ramnagar,
and Tanakpur.
(2) Areas under the jurisdiction of Town
Areas of Gadarpur, Sitarganj and Bhimtal
Town.
(1) The area falling within the limits of
Municipalities of Chhibramau (district
Farrukhabad) and Shrinagar (district Garhwal).
(2) The area falling within the limits of
Town Area Ranipur (district Saharanpur).
December 3,
1971.
December 4,
1971.
March 22, 1972.
July 1, 1972.
July 1, 1972.
September 26,
1977.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
146
Definitions 2. In this Act, unless the context otherwise requires—
(a) “Adhyaksh” means the Adhyaksh of the Board;
(b) “appointed day”, in relation to any area, means the day
on which this Act comes into force in that area ;
(c) “betterment fee” means th e fee leviable under
Chapter IV;
(d) “Board” means the Uttar Pradesh Avas Evam Vikas
Parishad established under this Act ;
(e) “Board premises” means any premises belonging to, or
vested in, the Board or taken on lease by the Board or which are
entrusted to, or are in the possession or control of, the Board for
the purposes of this Act ;
U. P. Act no.
II of 1959
(f) “building” means a house, out -house, s table, shed, hut
(other than a h ut made of mud appurtenant to or situated in a
cultivated field in any area outside the limits of a city,
municipality, town area or notifi ed area) or other enclosure or
structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever, and whether used as a human
dwelling or otherwise, and includes any verandah, platform,
plinth, staircase door -step or wall other than a bou ndary wall,
including compound wall of a garden or of agricultural land not
appurtenant, to a house, but does not include a tent or other
such portable temporary shelter
(g) “City” means any local area constituted to be a city
under section 3 of the Uttar Pradesh Nagar Mahapalika
Adhiniyam, 1959.
U. P. Act no. II
of 1916
(h) “land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth ;
(i) “Master Plan” means a Mast er Plan prepared under any
law for the time being in force ;
(j) “municipality” means a municipality as defined in
clause (9) of section 2 of the U. P/ Municipalities Act, 1916 ;
U. P. Act no. II
of 1959
(k) “Nagar Mahapalika” means a Nagar Mahapalika
established under section 4 of the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959 ;
U. P. Act no. II
of 1916
(l) “notified area” means a notified area as defined in sub -
section (2) of section 337 of the U. P. Municipalities Act, 1916 ;
(m) “premises” means any building or part of building and
includes—
(i) any garden, g rounds, land and out -houses
appurtaining to such building or part ; and
(ii) any fittings affixed to such building or part for the
more beneficial enjoyment thereof ;
(n) ‘‘prescribed’’ means prescribed by rules;
(o) ‘‘prescribed authority’’ means any authority appointed
by the State Government by not ification in the Gazette to
perform all or any of the functions of a prescribed authority
under this Act;
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
148
U.P. Act No. 2,
1914
(p) ‘‘regulations’’ means regulations made under this Act;
(q) ‘‘rules’’ means rules made under this Act;
(r) ‘‘State Government’’ means the Government of Uttar
Pradesh;
(s) ‘‘town area’’ means any local area declared or defined
under section 3 of the U.P. Town Areas Act, 1914 to be a town
area;
(t) “Tribunal” means a Tribunal constituted under
section 64;
(u) “Unit” means a Housing U nit established unde r
section 9; and
(v) except in clauses (f), (g) and (j), references to a ‘city’, or
‘municipality’ shall be constructed as including references to
areas lying within a distance of five kilometers beyond the
limits of such City or municipality.
CHAPTER–II
ESTABLISHMENT AND CONDUCT OF BUSINESS OF THE BOARD
Consititution of
the Board
Act No. 1, 1894
Act No. 9, 1914
3. (1) The State Government shall by notification in the
Gazette establish a Board to be called the Uttar Pradesh Avas Eam
Vikas Parishad.
(2) The Board shall be a body corporate, with the name aforesaid,
having perpetual succession and common seal and may sue and be
sued in its corporate name and be competent, subject to the provisions
of this Act, to acquire, hold and dispose of property and to contract and
do all things necessary for the purposes of this act.
(3) For the purposes of the Land Acquisition Act, 1894, the
Local Authorities Loans Act, 1914 and any other law for the time
being in force the Board shall be deemed to a local authority.
(4) The Board shall have its head office at a place to be
specified by the State Government and also an office at the
headquarters of each unit and may have offices at such other places
as it may consider necessary to be directed by the State Government.
1(5) The Board shall consist of,–
2[(a) the Minister, Housing and Urban Planning Department,
Uttar Pradesh - Adhyaksh ex-officio;
(a-1) the Principal Secretary/Secretaryto the Government
of Uttar Pradesh in Housing and Ur ban Planning
Department-Karyakari Adhyaksh/Sadasya ex-officio.]
(b) three Up adhyakshas who shall be the non -official
members appointed by the State Government,
(c) the Principal Secretary/Secretary to the Government
of Uttar Pradesh in the Finance Depa rtment-ex-officio
member,
(d) the Principal Secretary/Secretary to the Government
of Uttar Pradesh in Urban Development Department -ex-officio
member,
——————————————————————————————————————————
1. Subs. by s. 2 of U.P. Act No. 11 of 2007
2. Subs. by s. 3 (5) of U.P. Act No. 7 of 2010
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
150
(e) the Principal Secretary/Secretary to the Government
of Uttar Pradesh in Bureau of Public Enterprises Department -
ex-officio member,
(f) the Chief Town and Country Planner Uttar Pradesh -ex-
officio member,
(g) the Director, Central Building Research Institute
Roorkee-ex-officio member,
(h) the Housing Commissioner, Uttar Pradesh Awas Evam
Vikas Parishad-ex-officio member,
(i) the Chief Engineer, Uttar Pradesh Awas Evam Vikas
Parishad-ex-officio member,
(j) the Finance C ontroller, Uttar Pradesh Awas Evam
Vikas, Parishad-ex-officio member,
(k) the Chief Architech Planner, Uttar Pradesh Awas
Evam Vikas Parishad-ex-officio member.
1(6) The officers referred to in clause (c), clause (d), clause (e),
clause (g) may instead of attending a meeting of the Board himself depute
an officer next junior to him available in his department to attend the
meeting. The officer so deputed shall have the right to take part in the
proceedings of the meeting and shall also have the right to vote.
1(7) The appointment of an Upadhyaksha referred to in clause
(b) shall be notified in the Gazette.]
[(8)2 the Karyakari Adhyaksh shall in the absence of Adhyaksh
perform the functions and discharge the duties of the Adhyaksh with
the approval thereof.]
Disqualifica-
tions for being
Adhyaksha or
member, etc.
4. A person shall be disqualified for being chosen as and for
being [an Upadhyaksha]3 of the Board if he—
(a) has been convicted of an offence involving moral
turpitude ;
(b) is an undischarged insolvent ;
(c) is of unsound mind and stands so declared by a competent
court ;
(d) holds, except as provided in sections 6 and 7, any
office of profit under the Board ;
(e) has directly or indirectly, by himself or by any partner,
employer or employee , any share or interest, whether
pecuniary or of any other nature, in any contract or
employment with, by, or on behalf of the Board; or
(f) is a director or a secretary, manager or other officer of
any company which has any share or interest in any contra ct
or employment with, by, or, on behalf of , the Board :
Provided that a person shall not be disqualified under
clause (e) or clause (f) by reason only of his, or the company of which
he is a director, secretary, manager or other officer, having a sh are or
interest in—
(i) any sale, purchase, lease or exchange of immovable
property or any agreement for the same ;
——————————————————————————————————————————
1. Subs. By s. 2 of U.P. Act No. 11 of 2007
2. Added by s. 3 (8) of U.P. Act No. 7 of 2010.
3. Subs. by s. 3 of U.P. Act No. 11 of 2007.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
152
(ii) any agreement for loan of mon ey or any security for
payment of money only ;
(iii) any newspaper in which any advertisement relating to
the affairs of the Board is published ;
(iv) the occasional sale to the Boa rd, up to a value not
exceeding ten thousand rupees in any one year, of an y article in
which he or the company regularly trades.
Explanation— A person shall not be deemed to have any share
or interest in any contract or employment with, by or on behalf of, the
Board by reason only of his being a shareholder of a company which
has such share or interest.
Terms of office
of
Upadhyaksha
1[5. (1) An Upadhyaksha shall hold office for a period of three
years unless his term is determined earlier by the State Government by
notification in the Gazette.
(2) An Upadhyaksha may at any time by writing under his hand
addressed to the State Government resign his office and on such resignation
being accepted he shall be deemed to have vacated the office.]
Provisions
regarding office
of Upadhyaksha
2[6. (1) The Upadhyaksha shall be paid fro m the Board’s fund
such remuneration as may be prescribed.]
Provision
relating to
Housing
Commissioner
7. (1) There shall be a Housing Commissioner appointed by the
State Government for the purposes of this Act.
(2) The Conditions of service of the Housi ng Commissioner shall
be such as may be prescribed. He shall be remunerated from the
Board’s fund.
(3) The State Government may, if it is of opinion that special
circumstances so require, appoint the Housing Commissioner to be the
Adhyaksh in addition to his own duties.
(4) The State Government may also appoint the Housing Commi-
ssioner as an authority under any other law for the time being in force.
Appointment
of officers and
servants
8. 3[(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 servant as it considers
necessary for the efficient performance of its functions:]
Provided that the appointment and conditions of service of any
officer whose starting salary exceeds rupees f ive hundred per mensem
shall be made and determined after consultation with the state Public
Service Commission, and in the Case of any difference between the
Board and the commission, after the previous a pproval of the State
Government :
Provided further that such consultation shall not be necessary
in the case of servants mentioned in sub-section (2).
(2) The Board may, with the previous approval of the State
Government appoint a servant of the Central or the State Governmen t
or of a local authority on any of the posts under it or such terms and
conditions as may be agreed upon.
——————————————————————————————————————————
1. Subs. by s. 4 of U.P. Act No. 11 of 2007
2. Subs. by s. 5 of U.P. Act No. 11 of 2007.
3. Subs. by s. 3 of U.P. Act No. 47, 1976
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
154
Units 9. (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 function in that area.
(2) Every Unit shall from part of the establishment of the Board
and Shall consist of such officers and servants as may be considered
necessary by the Board.
(3) Every Unit shall be under the charge of an officer who shall
be under the administrative c ontrol of the Housing commissioner and
shall also exercise, perform and discharge such powers, duties and
functions as may be delegated to him under section 12.
(4) So far as may be and subject to the rules, the accounts of
income and expenditure of eac h Unit shall be kept separately and the
savings of any one Unit shall be spent over that area only to which that
Unit relates.
Avas Samitis 10. (1) The State Government may for any Unit constitute a
local advisory committee to be called Avas samiti cons isting of a
Chairman and such other members and on such terms and conditions
as may be prescribed.
(2) The Chairman of the Avas Samiti shall be—
(a) in the case of a City, the Nagar Pramukh of the Nagar
Mahapalika thereof ;
(b) in the case of a municipal ity, the President of the
,municipal board thereof ;
(c) in the case of any other area (which may include a
municipality or part thereof ), the President or Chairman of any
local authority having jurisdiction in that area, to be appointed
by the State Government.
(3) The Board shall consult the Avas Samiti concerned on such
matters as may be prescribed and may also consult it on any other
matter.
Supervision
and control by
Housing
Commissioner
11. 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.
Delegation of
power
12. (1) Subject to the provisions of this Act and the rules, the
Board may by general or special order delegate, either uncondit ionally 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.
(2) Subject to the provisions of this Act and the rules, the
Housing Commissioner may by general or special order delegate, either
unconditionally or subject to such conditions, including the condition of
review by himself, as may be specified in the order, to any officer of the
Board such of his powers and duties under this Act, not being powers
and duties delegated to him under sub -section (1) as he may deem
necessary.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
156
Disqualification
from
participating in
proceeding on
account of
interest
13. (1) A member of the Board or of an Avas Samiti or of a
committee appointed by the Board who—
(a) has any share or interested of the nature described in
clause (e) and clause (f) of section 4 in respect of any matter, or
(b) has acted professionally, in relation to any matter, on
behalf of any person having therein any such share o r interest as
aforesaid Shall not, notwithstanding anything contained in the
proviso to section 4, vote or take pa rt in any proceeding of the
Board, Avas Samiti or committee relating to such matter.
(2) If any member of the Board or of an Avas Samiti or of a
committee appointed by the Board has, directly or indirectly, any
interest in any land situated in an area co mprised in any of the
schemes framed under this Act, or in an area in which it is proposed to
acquire land for any of the purposes of this Act he shall not take part in
any meeting of the Board, Avas Samiti or committee in which any
matter relating to such land is considered.
(3) Nothing in sub -section (1) or sub -section (2) shall prevent
any member of the Board, Avas Samiti or committee from voting on, or
taking part in the discussion of, any resolution or question relating to
any subject other than a subject referred to in those sub-sections.
Acts not to be
invalidated by
informality,
vacancy, etc.
14. No act done or proceeding taken under this Act by the
Board, an Avas Samiti or a committee appointed by the Board shall be
in validated merely on the ground of—
(a) any vacancy or defect in the constitution of the Board,
Avas Samiti or committee ; or
(b) any defect or irregularity in the appointment of a
person acting as a member thereof; or
(c) any defect or irregularity in such act or proceeding not
affecting the substance
CHAPTER–III
FUNCTIONS AND POWERS OF THE BOARD
Functions of
the Board
15. (1) Subject to the provisions of the Act and the rules and
regulations, the functions of the Board shall be—
(a) to frame and execute housing and improvement schemes
and other projects ;
(b) to plan and co -ordinate various housing activities in the
State and to ensure expeditious and efficient implementation of
Housing and Improvement Scheme in the State;
(c) to provide technical advice for and scrutinize various
projects under Housing and Improvement Schemes sponsored or
assisted by the central Government or the State Government ;
(d) to assume management of such immovable properties
belonging to the Stat e Government as may be transferred or
entrusted to it for this purpose;
(e) to maintain use, allot, lease, or otherwise transfer plots,
buildings and other properties of the Board or of the State
Government placed under the control management of the Board;
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
158
U. P. Act no.
XXIII of 1955
(f) to organize and run workshops and stores for the
manufacture and stock-piling of building materials;
(g) on such terms and conditions as may be agreed upon
between the Board and the State Government to declare houses
constructed by it in execution of any scheme to be houses
subject to the U. P. Industrial Housing Act, 1955 ;
(h) to regulate building operations ;
(i) to improve and clear slums ;
(j) to provide roads, electricity, sanitation, water -supply
and other civic amenities and essential services in areas
developed by it ;
(k) to acquire movable and immovable properties for any
of the purposes before mentioned ;
(l) to raise loans from the market, to obtain grants and
loans from the State Government, the Central Government,
local authorities and other public corporations, a nd to give
grants and loans to local authorities, other public corporations,
housing co-operative societies and other person for any of the
purposes before mentioned ;
(m) to make investigation, examination or survey of any
property or contribute towards t he cost of any such
investigation, examination or survey made by any local
authority or the State Government ;
(n) to levy betterment ;
(o) to fulfill any other obligation imposed by or under this
Act or any other law for the time being in force ; and
(p) to do all such other acts and things as may be
necessary for the discharge of the functions before mentioned.
(2) Subject to the provisions of this Act and the rules and
regulations, the Board may undertake, where it deems necessary, any
of the following functions, namely;–
(a) to promote research for the purpose of expediting the
construction of and reducing the cost of building ;
(b) to execute works in the State on behalf of public
institutions, local authorities and other public corporations,
and departments of the Central Government and the State
Government ;
(c ) to supply and sell building materials ;
(d) to coordinate, simplify and standardize the production
of building materials and to encourage and organize the pre -
fabrication and mass production of structural components:
(e) with a view to facilitating the movement of the
population in and around any city, municipality, town area or
notified area, to establish maintain and operate any transport
service, to construct, widen, strengthen or otherwise improve
roads and bridges and to give financial help to others for such
purposes ;
(f) to do all such other acts and things as may be
necessary for the discharge of the functions before mentioned.
Housing or
Improvement
scheme when
to be framed by
the Board
16. (1) A housing or improvement scheme may be framed by
the Board of its own motion or at the instance of local authority and
shall be framed when so directed by the State Government.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
160
(2) The Board may refuse to frame and ex ecute a housing or
improvement scheme at the instance of a local authority if the Board is
satisfied that such scheme is unnecessary or not feasible or that the
funds at its disposal do not permit the framing or execution of such
scheme, and intimate its r efusal to the authority. The Board shall
intimate its decision within one year from the date of receipt of the
request from the local authority that a scheme be framed.
(3) Any local authority aggrieved by the refusal of the Board under
sub-section (2) may, within two months from the date of receipt of the
intimation, appeal to the State Government who may pass such orders
thereon as it thinks fit and the Board shall give effect to such orders.
Matters to be
provided for
in housing or
improvement
scheme
17. 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.
(a) the acquisi tion by purchase, exchange or otherwise of
any property necessary for or affected by the execution of the
scheme ;
(b) the laying or re -laying of any land comprised in the
scheme;
(c) the distribution or redistribution of sites belonging to
owners of the property comprised in the scheme ;
(d) the improvement or clearance of dwellings or portions of
dwellings unfit for human habitation ;
(e) the demolition of buildings or portions of buildings
causing obstruction in the proposed lay-out ;
(f) the constriction or reconstruction of building;
(g) the sale (includi ng sale on hire -purchase basis) lease or
exchange of any property comprised in the scheme ;
(h) the construction or alteration of roads, streets, lanes,
bridges, culverts, or causeways ;
(i ) th e drainage, water -supply or lighting of the streets
included in the scheme ;
(j) the provision of schools, community buildings, parks
(including children’s parks), swimming pools, playing fields open
spaces, and approaches thereto, for the benefit of any area
comprised in the scheme or any adjoining area;
(k) the making of sanitary arrangements required for the
area comprised in the scheme, including the conservation of and
the prevention of injury to or contamination of rivers of other
sources and means of water-supply.
(l) the provision of accommodation for any class of persons;
(m) the provision of facilities for communication and
transport ;
(n) the collection of such information and statistics as may
be necessary for the purposes of this Act ;
(o) the reclamation, development or reservation of lands for
markets, commercial and industrial sites, garden, playing fields
and tree plantation ;
(p) the provision of restaurants, shops markets, fuel depots
laundries, and other amenities in the area comprised in the scheme ;
(q) the advance of loans for the purposes of the scheme ; and
(r) any other matter which may be prescribed ;
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
162
Provided that any such scheme shall, so far as may be, confirm
with the Master Plan, if any for the time being in force.
Types of
housing and
improvement
scheme
18. (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—
(a) Grihasthan Yojana (house accommodation scheme) ;
(b) Malin Basti Sudhar Aur Nipatan Yojana (slum improvement
and clearance scheme) ;
(c) Punarvas Yojana (rehousing scheme) ;
(d) Sarak (street scheme) ;
(e) Bhavi Sarak Yojana (deferred street scheme);
(f) Prasar Yojana (expansion scheme) ;
(g) Bhumi Vikas Yojana (land development scheme);
(h) Bazar Yojana (market scheme) ;
(i) Barh Yojana (flood scheme)
(2) The State Government may, on such terms and conditions as
it may after consultation with the Board think fit to impose, direct the
Boards to undertake any h ousing or improvement scheme of a type not
specified in sub-section (1).
Grihsthan
Yojana
19. (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 Yojana (house accommodation scheme).
(2) Such scheme shall specify the lay -out of the area where the
houses are to be constructed and may provide for the building of houses
by the Board and by others.
(3) The Board may lease out or sell, including sale on h ire
purchase basis, any house so built by the Board.
(4) The Board may provide in the area roads, streets, drainage,
water-supply, street lighting, community buildings and other amenities.
Malin Basti
Sudhar Aur
Nipatan
Yojana
20. (1) whenever it appears to the Board —
(a) that in any area, any buildings used or intended or likely
to be used as dwelling houses are unfit for human habitation or
(b) that danger to the safety, health or morals of the
inhabitants in any area or in the neighbourhood of such area is
likely to be caused by—
(i) the narrowness, closeness, or faulty arrangement or
design or condition of streets or buildings or groups of
building in such area, or
(ii) over-crowding in such area, or
(iii) want of light, air, ventilation, or of p roper
conveniences in such area, or
(iv) any other sanitary defect in such area,
The Board may frame a Malin Basti Sudhar Aur Nipatan Yojna
(slum improvement and clearance scheme) in respect of such area.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
164
(2) Such scheme may provide for—
(a) the reservation of sites for, and the construction and
provision of roads, streets, lanes and open space and other
amenities, and the enlargement of the existing roads, streets,
lanes open spaces and other amenities in the area ;
(b) the relaying out of the sites of the area ;
(c) the acquisition by the Board of any site or building
comprised the area ;
(d) the carrying out of any maintenance of works of
improvement on lands and buildings in the area ;
(e) the regulation of erection, re -erection or alteration of, or
addition to, buildings in the area ;
(f) the alteration or demolition of the existing buildings and
their appurtenances on the sites of the area ;
(g) the construction of houses and other building on the sites
of the area ;
(h) the advance of moneys to the owners on such terms and
conditions as may be provided under the scheme with a view to
assist them in re -constructing or altering existing buildings or
erecting new buildings in accordance with the scheme.
Punarwas
Yojana
21. Whenever the Board is of opinion that it is necessary to
provide accommodation for persons—
(a) who are displaced or likely to be displaced by the
execution of any housing or improvement scheme under this Act,
or
(b) whose removal from any area is necessary for relieving
congestion in that area, the Board may frame a Punarwas Yojana
(rehousing scheme) for the construction, maintenance and
management of such dwelling houses and shops or for pro viding
such open plots along with roads, streets and open spaces as
may be deemed necessary.
Sarak Yojana 22. (1) Whenever the Board is of opinion that for the purposes of—
(a) providing building sites, or
(b) remedying defective ventilation, or
(c) creating new or improving existing means of
communication and facilities for traffic, or
(d) affording better facilities for conservancy it is expedient to
lay out n ew streets or alter existing streets (including bridges ,
cause-ways and culverts) in any area, the Board may frame a
Sarak Yojana (street scheme) for such area.
(2) Such scheme may, within the limits of the area comprised in
the scheme, provide for the following matters namely—
(a) the acquisition of any land which, in the opinion of the
Board, is necessary for the scheme ;
(b) the re-laying out of all or any of the lands so acquired
including the construction and reconstruction of buildings by
the Board or by persons authorized by the Board in that behalf
and the laying out, construction and alte ration of streets and
thoroughfares ;
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
166
(c) the drainage, water -supply and lighting of streets and
thoroughfares so laid out, constructed or altered ;
(d) the reclaiming or raising or lowering the level of any land
vested in, or acquired by, the Board for the purposes of the
scheme; and
(e) the provision of open spaces for the better ventila tion of
the area comprised in the scheme.
Bhavi Sarak
Yojana
23. (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 imm ediately to
acquire all or any of the properties lying within the proposed improved
alignments, the Board may frame Bhavi Sarak Yojana (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 :
Provided that such time -limit including extensions, if any, made
by the Board shall in no case exceed twenty years from the date of
coming into force of the scheme.
(2) Such schem e shall provide for the following matters,
namely—
(a) the acquisition of the whole or any part of any property
lying within the defined alignments of the street within the time
limit for the execution of the scheme ;
(b) the relaying out of all or any of such properties, including
the construction and reconstruction of building s by the Board or
by any other person, and the formation and alignment of the
street; and
(c) the drainage, water -supply and lighting of the street so
formed or altered.
(3) After such scheme has come into force—
(a) no person shall, within the time -limit for the execution of
the scheme, erect, re -erect, add to or alter any building so as to
make it project into the defined alignments of the street except
with the previous written permission of the Board ;
(b) if the Board fails to acquire or to institute proceedings for
the acquisition of any property situate within the defined
alignments of the street, the owner of such property may at any
time, within the time -limit for the ex ecution of the scheme, or
within three years there after, give the Board notice requiring it
to acquire or to institute proceedings for the acquisition of such
property before the expiration of six months from the date of
such notice, and thereupon the Boa rd shall acquire by
agreement, or institute such proceedings by notice under clause
(c) and acquire, the property accordingly; and if the Board fails
to do so, it shall pay such compensation as may be determined
in accordance with the provision of this Act and the rules :
(c) the Board shall, before proceeding to acquire any
property lying within the defined alignments of the street,
give (i) in respect of any property regarding which it has
received a notice under clause (b), fifteen days notice; and (ii)
in respect of other property, six months notice to the owner of
its intention to acquire such property ;
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
168
U.P. Act No.
2, 1959
U. P. Act No.
2 of 1916
U. P. Act No.
33, 1961
(d) notwithstanding anything contained in the Uttar
Pradesh Nagar Mahapalika Adhiniyam, 1959, the U. P.
Municipalities Act, 1916, the Uttar Pradesh Kshettra Samitis
and Zila Parishads Adhiniyam, 1961 or any other enactment
constituting a local authority in an area in which a scheme
under this section has been notified, such local authority shall
not have power to define or prescribe any alignment of the street
within the area comprised in the scheme and any such
alignment previously defined or prescribed within such limits
shall cease to be operative.
Prasar Yojana 24. (1) whenever the Board is of opinion that it is expedient to
control and provide for the future expan sion or development of a City,
municipality, town area or notified area, the Board may frame a prasar
Yajana (expansion scheme) and specify the time -limit, which may be
extended by the Board from time to time, for the execution of the
scheme :
Provided that such time -limit including extensions if any, made
by the Board shall in no case exceed twenty years from the dates of
coming into force of the scheme :-
(2) Such scheme shall specify the proposed lay -out of the area to
be developed and the purposes f or which particular portions thereof are
to be utilized.
(3) After any such scheme has come into force, no person shall,
without the previous written permission of the Board, erect, re -erect,
add to, or alter any building within the area comprised in the scheme.
(4) If the Board refuses to grant permission to any person to
erect, re -erect add to, or alter any building on his land in the area
aforesaid, and does not proceeds to acquire such land within one year
from the date of such refusal the Board shall pay such compensation as
may be determined under this Act and the rules to the person for any
damage sustained by him in consequence of such refusal :
Provided that if the Board neither grants nor refuses to grant
permission as aforesaid within a period o f three months from the receipt
of an application duly presented in that behalf it shall be deemed to
have refused permission on the date of expiration of such period.
Bhoomi
Vikas Yojana
25. (1) Whenever the Board is of opinion that it is expedient to
provide building sites in any area, the Board may frame a Bhoomi Vikas
Yojana (land development scheme).
(2) Such scheme shall specify the proposed lay -out of the area to
be developed and the purposes for which particular portions thereof are
to be utilized.
(3) The Board may provide roads, streets, open spaces, drainage,
water supply, street lighting and other amenities for the area comprised
in the scheme.
(4) The Board may lease out or sell, including sale on hire -pure
basis, the building sites in the area comprised in the scheme.
Bazar Yojana 26. (1) Whenever it appears to the Board that any area is lacking
in adequate 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 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 an y area, the
Board may frame a Bazar Yojana (market scheme) for the area.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
170
(2) A Bazar Yojana may provide for—
(a) the construction of mandis, shops, stalls, godowns,
restaurants, cinemas, commercial houses, profession al offices,
petrol pumps, mechanical servicing and repair stations,
laundries and other requisite buildings and structures ;
(b) the laying of roads, streets, lanes, side -walks, parks and
parking spaces, the provision of water supply, bus stands and
stands for cycles and other vehicles, lavatories, resting places
and other services and amenities ;
(c) the acquisition by the Board of any site or building
comprised in the area included in the scheme; and
(d) the transfer by the Board of any market to any local
authority or other person, either absolutely or for management,
on such terms and conditions as may be agreed upon with such
local authority or person.
Barh Yojana
27. (1) Whenever it appears to the Board that any area has been
or is likely to b e affected by the flooding of any river or rivulet or by
water logging, the Board may frame a Barh Yojana (flood scheme) for
such area.
2) A Barh Yojana may provide for—
(a) the construction of structures for the protection of
houses and essential supply installations affected or likely to be
affected by flood ;
(b) the repair or reconstruction of houses damaged by
flood;
(c) the construction of drains and other outlets for drainage
of accumulated water ;
(d) the raising of the level of any area ;
(e) the re-laying of sites in any area ;
(f) the acquisition of any land necessary for the scheme ;
(g) the evacuation of the inhabitants of any locality affected
or endangered by flood and the provision of alternative
accommodation for them.
Notice of
housing and
improvement
scheme
28. (1) When any housing or improvement scheme has been
framed, the Board shall prepare a notice to that effect specifying—
(a) the boundaries of the area comprised in the scheme ;
(b) the dates, hours, and place or p laces at which a map of
the area, particulars of the scheme, and details of the land
proposed to be acquired and of the land in respect of which
betterment fee is proposed to be levied may be seen ; and
(c) the date by which objections to the scheme may be
made,
(2) The Board shall—
(a) cause the said notice to be published weekly for three
consecutive weeks in (i) the Gazette and (ii) two daily newspapers
having circulation in the area comprised in the scheme at least
one of which shall be a Hindi newspaper; and
(b) se nd a copy of the notice to the local authority or
authorities within whose jurisdiction the area comprised in the
scheme lies.
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965]
172
(3) The Housing Commissioner shall cause copy any document
referred to in clause (b) of sub -section (1) to be delivered to any
applicant on payment of such fee as may be provided by regulations.
Notice of
proposed
acquisition of
levy of
betterment fee
29. Within six weeks from the date which any notice is first
published under section 28 in respect of any housing or improvement
scheme the 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.
Objections 30. (1) Any local authority whom 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.
(2) Any person on whom a notice under section 29 has been
served may within thirty days from the service of the notice, or within
such further time as the Board may, for sufficient cause, allow, make
an objection in writing to the Board against the scheme or the
proposed acquisition or levy.
(3) Any other person may file an objection against the scheme
within the time specified in the notice under section 28
Abandonment,
modification or
sanction of
scheme
31. (1) After considering the objections, if any, receive d in
pursuance of the forgoing provisions and after fiving an opportunity of
being heard to the objectors, the Board may, so far as may be, within
six month 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.
(2) The State Government may sanction with or without
modifications or refuse to sanction, or return for reconsideration, any
scheme submitted to it under sub-section (1).
(3) If a scheme returned for reconsideration under sub -section
(2) is modified by the Board it shall be republished in accordance with
section 28—
(a) if the modification affects the boundaries of the area
comprised in the scheme or involves acquisition of any land or
building not previously proposed to be acquired ; or
(b) if the modification is in the opinion of the Board of
sufficient impo rtance to Excerpt shown. Open the full act in Lexace.