The U.P. (Regulations of Building Operations) Act, 1958

  
 THE UTTAR PRADESH (REGULATION OF BUILDING 
OPERATIONS) ACT, 19581 
[U. P. ACT No. XXXIV of 1958]  
 Amended by 
U. P. Act No. 11 of 1960  
U. P. Act No. 26 of 1961 
 U. P. Act No. 02 of 1964 
U. P. Act No. 01 of 1966 
U. P. Act No. 29 of 1966 
U. P. Act No. 41 of 1976 
 [Passed in  the Hindi by the Uttar Pradesh Legislative 
Council on October 9, 1957 , and by the Uttar Pradesh Legislative 
Assembly on August 11, 1958.  
Received the assent of the President on October 8,  1958, 
under Article 201 of the Constitution  Of India and was pub lished 
in the Uttar Pradesh Gazette Extraordinary , da ted October 16 , 
1958. ] 
 [Authoritative English 2Text of the Uttar Pradesh (Nirman 
Karya Viniyaman) Adhiniyam, 1958 ] 
———— 
 AN 
ACT 
to provide for the regulation of building operations in Uttar Pradesh 
 WHEREAS It is expedient to provide for the regulation of 
building operations with a view to prevent haphazard development of 
urban and rural areas ;  
It is hereby enacted in the Ninth Year of the Republic of India 
as follows : 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh (Regulation of 
Building Operations) Act, 1958. 
(2) It extends to the whole of Uttar Pradesh ; 
(3) It shall come into force at once. 
 2. In this Act, unless the context otherwise requires— 
(a) “ amenity” includes roads, water -supply, street lighting, 
drainage, sewerage, public parks and any other convenience which the  
1. For Statement of Objects and Reasons please see U. P. Gazette Extraordinary, dated August 29, 1957. 
2. Published in the Uttar Pradesh Gazette Extraordinary, dated October 16, 1958. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 State Government may, by notification in the official Gazette, specify to 
be an amenity for the purposes of this Act ; 
 
1[ (b) “building” has the same meaning as in the Uttar Pradesh 
Nagar Mahapalika Adhiniyam, 1959 ; ] 
(c)   2[  *  *  *  *  ] 
 
3 [(d) “regulated area” means an area in respect of which a 
declaration under sub -section (1) of  section 3 is for the time being in 
force. ] 
 (e) “development” with its grammatical variations and cognate 
expressions, means the carrying out of building, engineering, mining 
or other operations in, on, over or under land or the making of any 
material change in any building or land ;  
 (f) “prescribed” means prescribed by 4[rules] made under this 
Act ;  
(g) “Prescribed Authority” means a person or body of persons 
appointed as such by the State Government in respect of a regulated 
area by notification in the official Gazette ;  
 (h) “to erect” in relation to a building means to construct a 
building for the first time or to reconstruct an existing building after 
demolishing it according to some fresh or revised plan ;  
 (i) “to re-erect” in relation to a  building means the construction 
for a second or subsequent time of a building or part of a building after 
demolishing it on the same plan as has been previously sanctioned ;  
 (j) “to make material change” in relation to a building means to 
make any modification in any existing building by way of addition or of 
any other change in the roof, window or door if such window or door 
adversely affects light and ventilation of any room, or in any compound 
wall, or in the sanitary and drainage system in any respect, whatsoever 
and includes :– 
 (i) Increasing or decreasing the height or area covered by, or 
cubical capacity of any room in the building ;  
(ii) Conversion of a building or its part originally constructed as 
one dwelling house into more than one dwelling house and vice versa ; 
 (iii) Conversion of abuilding or a part thereof meant for human 
habitation in general into a dwelling house or vice versa ;  
 
 
1. Subs. by sec. 44(i) of U. P. Act no. 41 of 1976. 
2. Omit. by sec. 2 of U. P. Act no. 11 of 1960. 
3. Subs. by sec. 14 of U. P. Act no. 29 of 1966. 
4. Subs. by sec. 44(ii) of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 (iv) Conversion of a dwelling house or a part thereof into a shop, 
warehouse or factory or vice versa ; 
 (v) Conversion of a building used or intended to be used for one 
purpose such as shop, warehouse or factory, etc. , into one for another 
purpose ;  
 (vi) Conversion of a building or a part of  a building into a 
brothel, a bar or a gambling den and the like ; and  
 (vii) Constructing in a wall adjoining any street or land not 
vested in the owner of the wall a door or window opening on such 
street or land or permanently closing any door or windo w in an 
external wall.  
 but does not include modifications in respect of gardening, 
whitewashing, painting, plastering, pointing and other specifications.  
Declaration 
of regulated 
area  
3. (1) If, in the opinion of the State Government any area within 
U. P. requires to be reg ulated under this Act with a view  to the 
prevention of bad laying cut of land, haphazard erection of buildings or 
growth of sub-standard colonies or with a view to the development and 
expansion of that area according to proper plann ing, it may, by 
notification in the official Gazette, declare the area to be regulated 
area.  
 1[ (2) The operation of Chapter XIII of the Uttar Pradesh Nagar 
Mahapalika Adhiniyam, 1959, 2[sections 178, 179, 180, 180- A, 181, 
182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 
222 of the United Provinces Municipalities Act, 1916]  
(or the said 
sections as extended under section 338 thereof or under section 38 of 
the U. P. Town Areas Act, 1914), sections 29, 30 and 32 of the U. P. 
Town Improvement Act, 1919, or as the case may be of, sections 162 to 
171 of the Uttar Pradesh Kshettra Samities and Zila Parishads 
Adhiniyam, 1961, shall in respect of a regulated area remain 
suspended for the period during which the declaration relating to it 
under sub-section (1) remains in force, and the provisions of section 6 
of the U. P. General Clauses Act, 1904, shall apply in relation to such 
suspension as if the suspension amounted to repeal of the said 
enactments by this Act. ] 
Controlling 
Authority  
4. (1) The State Government shall as soon as may be after any 
area is declared as regulated area under this Act constitute for such 
area an authority hereinafter called the Controlling Authority for the 
discharge of functions assigned to such authority under this Act.  
 
1. Ins. by sec. 15 of U. P. Act no. 29 of 1966. 
2. Subs. by sec. 45 of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 
1[ (2) The Controlling Authority shall, subject to the provisions 
of sub -section (2 -A), consist of the following members not exceeding 
nine, namely — 
 (a) the 2[ * * * ]  Commissioner of the Division in which the 
regulated area is situate, or any other officer, not below the rank of a 
Sub-Divisional Magistrate, appointed by the State Government, who 
shall also be the Chairman ;  
 (b) Nominees of the State Government who among others may 
be ;  
(i) the President of the District Board of the district  in which the 
regulated area or any portion thereof is situate ; 
 (ii) the President of the Municipality or Notified Area, if any, in 
which the regulated area is situate or which is adjacent to it ;  
Provided that if the regulated area lies within the lim its of more 
than one local body, the Controlling Authority may co- opt may other 
President/Presidents of such local body/bodies.  
U.P. Act No. 
10 of 1922 
U.P. Act No. 
2 of 1916 
Explanations— “President” for the purposes of this section 
includes any person exercising the powers of a President under the 
provisions of the U. P. District Boards Act, 1922, or the U. P. 
Municipalities Act, 1916, as the case may be. ] 
 
3[ (2-A) The Controlling Authority shall have the power to co -opt 
as members one or two other persons. ] 
 (3) The number of members necessary to form a quorum and 
the procedure to be followed by the Controlling Authority in the 
conduct of its business shall be such as may be prescribed. 
 (4) The functions of the Controlling Authority may be exerci sed 
notwithstanding any vacancy therein.  
(5) 4[x x x]  
 (6) All action taken by the Controlling Authority shall be 
expressed to be taken in the name of that Authority; and orders and 
other instruments made and executed in the name of the said  
Authority shall be authenticated in such manner as may be prescribed 
and the validity of an order or instrument which is so authenticated 
shall not be called in question on the ground that it is not an order or 
instrument made or executed by the Controlling Authority.  
 
 
 
1. Subs. by sec. 3(a) of U. P. Act no. 11 of 1960. 
2.  Omit. by sec. 46 of U. P. Act no. 41 of 1976. 
3. Ins. by sec. 3(b) of U. P. Act no. 11 of 1960. 
4. Omit. by sec. 3(c) of U.P. Act no. 11 of 1960. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
Power to 
issue 
directions in 
respect of 
Regulated 
Area  
5. 1[The State Government may, by notification in the Official 
Gazette, issue in relation, to any regulated area such regulations, not 
inconsistent with this Act or with the rules, as it may consider 
necessary regarding any one or more of the following matters] namely ;  
 (a) the division of any site into plots for the erection of buildings 
and the manner in which such plots may be allotted to intending 
purchasers or lessees ;  
 (b) the allotment or reservation of land for roads, open spaces, 
gardens, recre ation grounds, schools, markets and other public 
purposes ;  
 (c) the development of any site into a town -ship or colony and 
the restrictions and conditions subject to which such development may 
be undertaken or carried out ;  
 (d) the erection of buildings on any site and the restrictions and 
conditions in regard to the open spaces to be maintained in or around 
buildings and the height and character of buildings ;  
 (e) the alignment of buildings on any site ;  
(f) the architectural features of the elev ation or frontage  of any 
building to be erected on any site ;  
 (g) the number of residential buildings which may be erected on 
any site ;  
(h) the amenities to be provided in relation to any site or 
buildings on such site whether before or after the erection of buildings 
and the person or authority by whom such amenities are to be 
provided ;  
 (i) the prohibition or restrictions regarding erection of shops, 
workshops, warehouses or factories or buildings of a specified 
architectural feature or buildings designed for particular purposes in 
any locality ;  
 (j) the maintenance of walls, fences, hedges or any other 
structural or architectural construction and the height at which they 
shall be maintained ;  
(k) the restrictions regarding the use of any site for purposes 
other than the erection of buildings ;  
 (l) any other matter which is necessary for the proper planning 
of any regulated area and for preventing buildings being erected 
haphazardly in such area.  
1. Subs. by sec. 47 of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
Master Plan 
for the 
regulated 
area 
1 [ 5-A. (1) If in the opinion of the State Government any 
regulated area requires to be developed according to a M aster Plan it 
may cause such a Plan to be prepared either through the Controlling 
Authority or through such other agency as it may think fit.  
 (2) Every such plan shall conform to any rules or regulations 
made in that behalf.  
 (3) A Master Plan shall b e revised at the end of every ten years, 
and may be revised earlier if the State Government so think fit. ] 
Control of 
development 
and building 
operations in 
regulated 
area 
6. No person shall undertake or carry out the development of 
any site in any regul ated area or 2[erect, re-erect or make any material 
change in] any building or make or extend any excavation or lay out 
any means of access to a road in such area except in accordance with  
the 3[regulations] if any, issued under 4[this Act] and with previo us 
permission of the prescribed authority in writing. 
Application 
for 
permission  
7. (1) Every person desiring to obtain the permission referred to 
in section 6 shall make an application in writing to the prescribed 
authority in such form and containing s uch information as may be 
prescribed in respect of the development, building, excavation or 
means of access to which the application relates.  
 5[ (2) On receipt of such application the prescribed authority, 
after making such inquiry as it considers neces sary, shall by order in 
writing either grant the permission subject o such conditions, if any, 
as may be specified in the order or refuse to grant such permission.  
 (2-A) The only grounds on which permission may be refused are 
the following, namely :— 
(a) that the work or the use of the site for the work or any of the 
particulars comprised in the site- plan, ground- plan, elevations, 
sections or specifications would contravene the provisions of any law 
or any order rule or regulation made under this Act or any other law ;  
 (b) that the application for such permission does not contain 
the prescribed particulars or is not made or signed in the prescribe 
manner ;  
 (c) that nay information or document required by the prescribed 
authority under the rules or regulations has not been duly furnished ;  
(d) that the proposed building would be an encroachment upon 
any public premises as defined in the Uttar Pradesh Public Premises 
(Eviction of Unauthorized Occupants) Act, 1972. 
 
1. Ins. by sec. 48 of U. P. Act no. 41 of 1976. 
2. Subs. by sec. 3 of U. P. Act no. 26 of 1961. 
3. Subs. by sec. 49 of U. P. Act no. 41 of 1976. 
4. Subs. by sec. 4 of U. P. Act no. 11 of 1960. 
5. Subs. by sec. 50(i) of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 (e) that the size of such building does not abut on a street, and 
there is no access to such building from any such street by a passage 
or pathway not less than twelve feet wide appertaining to such site ;  
 (f) that the site for the work forms part o f the area, the lay -out 
plan of which has not been sanctioned ;  
(g) that the use of the proposed  building or the plan is not in 
conformity with the Master Plan.  
 (2-B) Where the application does not contain the prescribed 
particulars or is not made or signed in the prescribed manner, the 
prescribed authority may, instead of rejecting it, return it to the 
applicant for making it in conformity with the relevant rules and 
regulations.  
 (2-C) In particular and without prejudice to the generality of the 
provisions contained in sub -section (2), the prescribed authority may, 
while granting under section 6 the permission to develop an area of 
land as a colony, impose all or nay of the following conditions, 
namely:— 
 (a) that the applicant shall arrange for the  development of such 
area and the provision of amenities therein, in accordance with the 
prescribed standards through the local authority concerned or through 
such other agency as may be specified and enter into an agreement 
with or furnish adequate securi
ty to such Authority or other agency in 
that behalf, or undertake to carry out such development and to provide 
such amenities himself and execute a bond in that behalf in favour of 
the Governor, with or without sureties, to the satisfaction of the 
prescribed authority ;  
 (b) that the applicant shall transfer to the State Government or 
to the local authority concerned the land earmarked for roads, public 
parks and other public utility services either free of cost or on such 
terms and conditions as may be specified. 
 (2-D) The provisions of sections 445, 446, 447 and 449 of the 
Code of Criminal Procedure, 1973, shall muatatis mutandis  apply in 
relation to any bond executed by an applicant under sub- section (2-C), 
with the substitution of references to a Mag istrate or Magistrate of the 
First Class by reference to the prescribed authority, and of references 
to the Sessions Judge by references to the Controlling Authority. ]  
 
1[ (3) Where permission is refused, the grounds of such refusal 
shall be communicate d to the applicant in such manner as may be 
prescribed, within 90 days of the receipt of such application. ] 
 (4) Where no orders are communicated within the period 
sectioned  in  sub-section  (3)  granting  or refusing the permission, the  
1. Subs. by sec. 3(2) of U. P. Act no. 02 of 1964. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 applicant may by a written communication call the attention of the 
prescribed authority to the  omission or neglect, and if such omission 
or neglect continues for a further period of 30 days, the prescribed 
authority shall be deemed to have permitted the proposed work : 
 Provided that nothing in this sub -section shall be construed to 
authorize any person to act in contravention of the 1 [regulations] 
issued under section 5. 
Cancellation 
of permission 
obtained 
under fraud 
2[ 7-A. If at any time, after a permission has been granted 
under sub-section (2) of section 7, the prescribed authority is satisf ied 
that such permission was granted in consequence of any material 
misrepresentation made or any fraudulent statement or information 
furnished, the prescribed authority may cancel such permission, for 
reasons to be recorded in writing, and any work done thereunder shall 
be deemed to have been done without such permission. ] 
Powers of 
entry in 
buildings 
8. The prescribed authority may authorize any person to enter 
into or upon any site or building with or without assistants or 
workmen for the purpose of — 
 (a) making any enquiry, inspection, measurement or survey or 
taking levels of such site or buildings ;  
(b) examining works under construction or ascertaining the 
course of sewers or drains ;  
 (c) ascertaining whether any site is being or has been deve loped 
or any building is being or has been erected in contravention of  3[any 
regulation made under this Act ] or without the permission referred to 
in section 6 or in contravention of any condition subject to which such 
permission has been granted : 
 Provided that no entry shall be made except between the hours 
of sun-rise and sun -set and without giving not less than twenty -four 
hours written notice to the occupier or if there be no occupier, to the 
owner of the building or land.  
 4 [8-A. The prescribed a uthority may, after obtaining the 
sanction of the State Government, delegate all or any of its powers and 
functions to an officer or authority subordinate to it. ] 
 8-B.   5[  X  X  X  X  ] 
Penalties 9. (1) Any person who undertakes or carries out the 
development of any site or erects 6[,  re-erects  or  makes  any  material  
 
1. Subs. by sec. 50(2) of U. P. Act no. 41 of 1976. 
2.  Ins. by sec. 4 of U. P. Act no. 02 of 1964. 
3.  Subs. by sec. 51 of U. P. Act no. 41 of 1976. 
4.  Ins. by sec. 5 of U. P. Act no. 11 of 1960. 
5.  Omit. by sec. 52 of U. P. Act no. 41 of 1976. 
6. Ins. by sec. 7 (1) of U. P. Act no. 02 of 1964. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 change in] any building or makes or extends any excavation or lays out 
any means of access to a road in contravention of 1[any regulations 
made under this Act] or without the permission referred to in section 6 
or in contravention of any condition subject to which such permission 
has been granted, 2[or in violation of any action taken under sub -
section (2) of section 10 to stop the erection or re- erection of any 
building or the execution of any work] shall be punishable with fine 
which may extend to ten thousand rupees and in the case of a 
continuing offence, with a further fine which may extend to five 
hundred rupees for every day during which such of fence continues 
after conviction for the first commission of the offence. 
 (2) Any person who obstructs the entry of a person authorized 
under section 8 to enter into or upon any building or land or molests 
such person after such entry shall be punishable with fine which may 
extend to one thousand rupees.  
 (3) If the person committing an offence 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 th e 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 :  
 Provided that nothing contained in this sub -section shall 
render any such person liable to any punishment provided in this Act 
if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such 
offence.  
 (4) Notwithstanding anything contained in sub -section (3), 
where an offence under this Act has been committed by a company 
and it is proved that the offence has been committed with the consent 
or connivance of, or is attributable to any neglect on the part of, any 
director, manager, secretary or other officer shall also  be deemed to be 
guilty of that offence and shall be liable to be proceeded against and 
punished accordingly.  
 Explanation—For the purposes of this section— 
(a) “company” means a body corporate and includes a firm or 
other association of individual ; and  
(b) “director” in relation to a firm means a partner in the firm.  
Order of 
demolition of 
buildings in 
certain cases 
10. (1) Where the 3[erection or re-erection of or material 4[change] 
material 4[change] in]   any   building  has  been  commenced  or  is 
being carried on or has 
1.  Subs. by sec. 53(i)  of U. P. Act no. 41 of 1976. 
2.  Ins. by sec. 53(ii) of U. P. Act no. 41 of 1976. 
3.  Subs. by sec. 6(a) of U. P. Act no. 11 of 1960. 
4.  Subs. by sec. 8 of U. P. Act no. 02 of 1964. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
  
 been completed in contravention of 1[any regulation made under this 
Act] or without the permission referred to in section 6 or in 
contravention of any condition subject to which such permission has 
been granted, the prescribed authority may, 2[without prejudice to the 
provisions of section 9] mak e an order directing that such erection, re-
erection or material 3[change] shall be demolished by the power thereof 
within such period not exceeding two months as may be specified in 
the order, and on the failure of the owner to comply with the order the 
prescribed authority may itself 4[through the local authority concerned 
or through such other agency as it thinks fit]  cause the erection to be 
demolition and the expenses of such demolished shall be recoverable 
from the owner in the same manner as an arrear of land revenue : 
 Provided that no such order shall be made unless the power 
has been given an opportunity of being heard.  
 
5[ (2) If the prescribed authority is satisfied that the erection or 
re-erection of any building or the execution of any such w ork as is 
referred to in section 6 has been unlawfully commenced or is being 
unlawfully carried on it may by written notice require the person 
directing or carrying on such erection or re -election or execution, to 
stop the same forthwith and on his failure  to so do, cause the carrying 
on of such erection or re -erection or execution to be stopped and, use 
or employ such reasonable force as may be necessary therefor. ] 
Jurisdiction 
of Courts 
11. No court inferior to that of a magistrate of the first class 
shall try an offence punishable under this Act.  
Previous 
sanction of 
the 
prescribed 
authority for 
prosecution 
12. (1) No prosecution for any offence punishable under this 
Act shall be instituted except with the previous sanction of the 
prescribed authority.  
6 [(2) The prescribed authority may, and if required by the 
Controlling Authority shall, compound any offence punishable under 
this Act, either before or after the institution of the prosecution, on 
such terms (which may include payment of a sum of money  by way of 
composition for the offence) as it or the Controlling Authority, as the 
case may be, thinks fit.] 
Magistrate’s 
power to 
impose 
enhanced 
penalties.  
13. Notwithstanding anything contained in section 32 of the 
Code of Criminal Procedure, 1898, it  shall be lawful for any court of a 
magistrate of the first class to pass any sentence authorized by this 
Act in excess of its powers under the said section.  
 
1.  Subs. by sec. 54(1-a) of U. P. Act no. 41 of 1976. 
2.  Subs. by sec. 54(1-b) of U. P. Act no. 41 of 1976. 
3.  Subs. by sec. 8 of U. P. Act no. 02 of 1964. 
4.  Ins. by sec. 54(1-c) of U. P. Act no. 41 of 1976. 
5.  Subs. by sec. 54(ii) of U. P. Act no. 41 of 1976. 
6.  Ins. by sec. 55 of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 14.  1[  X  X  X  X  ] 
Orders 
granting or 
refusing 
permission to 
be final 
15. (1) Any order made under sub -section (2) of section 7 
refusing or granting any permission shall, subject to the provisions of 
sub-section (2) be final and shall not be questioned in any court.  
 (2) Any person aggrieved by an order under section 7 refusing 
or granting permission 2[or by an order under section 7- A cancelling a 
permission] 3[or by an order under section 10 directing demolition of 
any construction or by the initiation of prosecution for any offence  
punishable under this Act] may, within thirty days from the date of 
such order, prefer an appeal to the Controlling Authority and the order 
of the Controlling Authority shall be final and shall not be called in 
question in any court.  
 
4[ (3) The Controlling Authority may, pending the decision of an 
appeal filed under sub -section (2), stay the operation of the order 
appealed against.] 
 
5[ (4) An order under sub-section (3) may be passed on behalf of 
the Controlling Authority by its chairman and such orde r shall be 
deemed to have been passed by the Controlling Authority, anything to 
have been passed by the Controlling Authority, anything to the 
contrary contained in section 4 notwithstanding. ] 
Revisional 
powers of the 
State 
Government 
6[15-A. (1) The State Government may, at any time either of its 
own motion or on an application made to it in this behalf, call for the 
record of any case disposed of by the Controlling Authority for the 
purpose of satisfying itself as to the legality or propriety of any ord er 
passed under this Act and may pass such orders in relati on thereto as 
it may think fit :  
 Provided that the State Government shall not pass an order 
prejudicial to any person without affording such person  a reasonable 
opportunity of being heard.  
 (2) The State Government may, by notification in the Gazette, 
delegate the powers conferred upon it by sub -section (1) to nay officer 
or authority who shall not be inferior to the Chairman of the 
Controlling Authority. ] 
Protection of 
action taken 
in good faith 
16. No suit, prosecution or other legal proceedings shall lie 
against any person for anything which is in good faith done or 
intended to be done under this Act or the regulations made 
thereunder.  
1.  Omit. by sec. 56 of U. P. Act no. 41 of 1976. 
2.  Ins. by sec. 9(1) of U. P. Act no. 2 of 1964. 
3.  Ins. by sec. 7 of U. P. Act no. 11 of 1960. 
4.  Ins. by sec. 9(2) of U. P. Act no. 02 of 1964. 
5.  Ins. by sec. 9(2) of U. P. Act no. 02 of 1964. 
6.  Sub. by sec. 57 of U. P. Act no. 41 of 1976. 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
Crediting of 
fees etc. in 
the funds of 
local 
authority 
1[16-A. (1) All fees realised under this Act and all sums realis ed 
under sub-section (2) of section 12, in relation to the performance of 
the functions of the prescribed authority or the Controlling Authority 
within the limits of a City (as defined in the Uttar Pradesh Nagar 
Mahapalika Adhiniyam, 1959) shall be credited to the fund of the 
Nagar Mahapalika concerned. 
 (2) The State Government may by notification in the Gazette 
extend the provisions of sub- section (1) to any Municipality as defined 
in the United Provinces Municipa lities Act, 1916, with effect from such 
date as it may direct, and thereupon the references in that sub -section 
to a City shall in relation to that Municipality, be construed as 
including references to that municipality. 
 (3) The State Government may by n otification in the Gazette 
direct that the provisions of sub- section (1) shall cease to apply to any 
City and thereupon the provisions of sub- section (1) shall cease to 
apply to such City and likewise may rescind any notification under 
sub-section (2) and thereupon the provisions of sub- section (1) shall 
cease to apply tot eh municipality concerned. 
 (4) Every Nagar Mahapalika or Municipal Baord to which the 
provisions of sub- section (1) for the time being apply shall, when so 
requested by the prescribed a uthority or the Controlling Authority, 
make available to it such staff as may be necessary for the 
performance of the functions of that authority within the limits of the 
City or the municipality, as the case may be. ] 
Effect of 
provisions of 
the Act 
inconsistent 
with other 
laws 
17. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in 2[any other law in force 
at the commencement of this Act]. 
Savings 18. Nothing in this Act shall apply to— 
(a) the carrying out of works for the maintenance, improvement 
or other alteration of any building being works which affect only the 
interior of the building or which do not materially affect the external 
appearance of the building ;  
 (b) the carrying out by any department of the State Government 
of any works for the purpose of inspecting, repairing, or renewing any 
sewers, mains, pipes, cables or other apparatus, including the 
breaking open of any street or other land for that purpose ;  
 (c) the erection of a build ing, not being a dwelling house if such 
building is required for the purposes subservient to agriculture ;  
(d)  3[ * * * * ] 
1.  Ins. by sec. 58 of U. P. Act no. 41 of 1976. 
2.  Subs. by sec. 59 of U. P. Act no. 41 of 1976. 
3.  Omit. by sec. 4 of U. P. Act no. 26 of 1961. 
24 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
 (e) the erection of a place of worship or a tomb or cenotaph or of 
a wall enclosing a grav eyard, place of worship, cenotaph or samadhi , 
on land which at the commencement of this Act is occupied by, or for 
the purposes of such place of worship, tomb, cenotaph, graveyard or 
samadhi ; 
 (f) excavations (including wells) made in the ordinary course  of 
agricultural operations ;  
(g) the construction of unmetalled road intended to give access 
to land solely for agricultural purposes.  
Power to 
make Rules 
19. (1) The State Government, may by notification in the official 
Gazette, make 1[rules] to carry out the purposes of this Act.  
(2) In particular and without prejudice to the generality of the 
foregoing power, such 2 [rules] may provide for all or any of the 
following matters, namely :– 
  (a) the summoning and holding of meetings of the Controlling 
Authority, the time and place where such meetings are to be held, the 
procedure to be followed by the Controlling Authority, the conduct of 
all business to be transacted by the Controlling Authority and the 
number of members necessary to form a quorum ;  
 (b) the procedure to be observed by the Prescribed Authority in 
the discharge of its funcitons under this Act ;  
(c) the manner of authentication of orders and other 
instruments of the Controlling Authority and of the Prescribed 
Authority ;  
 (d) the form  in which an application under sub -section (1) of 
section 7 shall be made and the information to be furnished in such 
application ;  
(e) the regulation of the laying out of means of access to roads ;  
 (f) the principles on which applications for permissi on under 
this Act may be granted ;  
(g) the manner of filing appeal under section 15 and the 
procedure of the Controlling Authority in appeal ;  
 3 [ (gg) for the levy of fee on an application for grant of 
permission under section 7 (1) of this Act in resp ect of matters 
specified in sections 5 and 14 thereof and for 4[inspection or obtaining 
copies of] documents and maps, etc., and on a memorandum of appeal 
filed under sub-section (2) of section 15 of this Act. ] 5[; and]  
 (h) any other matter which may be prescribed. 
 
1.  Subs. by sec. 60(i) of U. P. Act no. 41 of 1976. 
2.  Subs. by sec. 60(ii) of U. P. Act no. 41 of 1976. 
3.  Ins. by sec. 9 of U. P. Act no. 11 of 1960. 
4.  Subs. by sec. 16 of U. P. Act no. 29 of 1966. 
5.  Ins. by sec. 10 of U. P. Act no. 02 of 1964. 
26 
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[The Uttar Pradesh (Regulation of Building Operations) Act, 1958]  
¼t½ dksbZ vU; fo’k; tks fu;r fd;k tk; A  
Laying of 
regulations 
before 
Legislature 
1[ 20. All regulations made un der this Act shall, as soon as 
may be, after they are made, be laid before each House of the State 
Legislature, while it is in session, for a total period of thirty days, 
which may be comprised in its one session or in two or more 
successive sessions, and shall, unless some later date is appointed, 
take effect from the date of their publication in the Gazette subject to 
such modifications or annulments as the two Houses of the Legislature 
may, during the said period, agree to make, so however, that any such  
modifications or annulment shall be without prejudice to the validity of 
anything previously done thereunder. ] 
 
————
1.  Ins. by sec. 61 of U. P. Act no. 14 of 1976. 
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