LexThe Shri Kashi Vishwanath Special Area Development Board Varanasi Act 2018
Uttar Pradesh · state statute
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646
*SHRI KASHI VISHWANATH SPECIAL AREA DEVELOPMENT
BOARD VARANASI ACT, 20181
(U. P. ACT No. 31 of 2018)
[As passed by Uttar Pradesh Legislature on September 01,
2018 and assented to by the Governor on September 01, 2018 and
published in Uttar Pradesh Gazette extraordinary dated
01 September, 2018]
AN
ACT
to provide for the establishment of Shri Kashi Vishwanath
Special Area Development Board to create, formulate, implement,
regulate and maintain the Special Area under its jurisdiction for
developing and maintaining the cultura l, spiritual, mythological
and architectural aesthetics in such area to promote tourism in
consonance with the rich cultural heritage thereof.
IT IS HEREBY enacted in the Sixty -ninth Year of the
Republic of India as follows :—
Short title and
commencement
1. (1) This Act may be called Shri Kashi Vishwanath Special
Area Development Board Varanasi Act, 2018.
*(2) It shall be deemed to have come into force on June 29, 2018.
Definitions 2. (1) In this Act, unless the context otherwise requires, —
(a) “Ad ditional Chief Executive Officer” means the Additional
Chief Executive officer to be appointed by the State Government or the
Commissioner to assist the Chief Executive Officer and to perform the
responsibility of the Chief Executive Officer in his absence ;
(b) “Amenities” includes roads and streets, water and electric
supply, street lighting, open spaces, parks, natural features, drainage
sewerage, public works and other utilities, services and conveniences ;
(c) “Board” means Shri Kashi Vishwanath S pecial Area
Development Board established under section 3 ;
(d) “Building” includes any structure or part of a structure
constructed with whatever material, which is used or intended to be
used as a place for, human dwelling, or custody of livestock or property
or performance of worship or for carrying on any occupation, trade or
business ;
(e) “Chief Executive Officer” means the Chief Executive Officer
appointed by the State Government ;
——————————————————————————————————————————
1. For SOR see at the end of the Act.
* This Act shall be deemed to have come into force on June 29, 2018.
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(f) “Commissioner” means the Commissioner of Varanasi division;
(g) “Development” with its grammatical variations means the
planned development of any area by carrying out building, engineering
or other operations in, on, over or under land or making any material
change in any building or land in such area ;
(h) “District Magistrate” means the District Magistrate of
Varanasi ;
(i) “Rehabilitation plan” means a plan which shall be prepared by
the Board, as may be required according to approved rules and
regulations, in order to settle and rehabilitate residents, owners,
occupants who are to be relocated for implementation of development
plan for the Special Development Area, as prepared by the Board and
approved by the State Government ;
(j) “Special Development Area” means the Special Development
Area notified under the marked boundaries in the notified sajra
bandobast plan located in revenue dis trict Varanasi, Uttar Pradesh
having following wards :—
SI. No. Name of Ward Extension of Ward
1. Dashshwamedh D – 1 Lahori Tola
D – 2 Dharmkoop
D – 3 Meerghaat
D – 5 Tripura Bhairvi (Ansh)
D – 6 Rani Bhawani Gali
D – 7 Shakarkand Gali
D – 8 Kaalika Gali
D – 10 Saakshi Gali
D – 11 Kotwalpura
2. Garhwaasi Tola CK – 1 Pathaani Tola
CK – 9 Manikarnika
CK – 10 Brahmnaal
CK – 28 Paanch Pandwa
CK – 31 Gyaanwaapi
CK – 34 Lahori Tola
or such areas as may be notified by th e State Government from time to
time ;
(k) “transferee” means a person to whom any property is or being
transferred to him by the Board for such purpose as may be prescribed.
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(2) Words and expressions used in this Act but not defined shall
have the meanings respectively assigned to them in the Uttar Pradesh
Urban Planning and Development Act, 1973.
Establishment
of the Board
3. (1) The State Government shall by notification, establish a
‘Board’ to be Known as Shri Kashi Vishwananth Special Area
Development Board Varanasi to exercise the powers conferred and
perform the functions assigned to it under this Act.
(2) The Board shall be a body corporate.
(3) The Head Quarter of the Board shall be at Varanasi.
Composition
of Board
4. (i) A person to be appointed by the
State Government — Chairperson
(ii) The Chief Executive Officer — Member Secretary
(iii) The District Magistrate, Varanasi — Member
(iv) Additional Chief Executive Officer — Member
(v) Vice Chairman, Varanasi Development
Authority, Varanasi — Member
(vi) Senior Superintendent of Police, Varanasi — Member
(vii) Nagar Aayukt, Nagar Nigam Varanasi — Member
(viii) Chief/Senior Treasury Officer, Varanasi — Member
(ix) Chief Medical Officer, Varanasi — Member
(x) Superintending Engineer, PWD, Varanasi — Member
(xi) Superintending Engineer, Jal Nigam, Varanasi — Member
(xii) Superintending Engineer, Purvanchal Vidhyut
Vitaran Nigam Ltd., Varanasi — Member
(xiii) The Secretary, to the Government of Uttar Pradesh,
Housing Department or his nominee not below the rank of Special
Secretary — Member (ex-officio)
(xiv) The Secretary, to Government of Uttar Pradesh, Tourism
Department or his nominee not below the rank of Special Secretary
— Member (ex-officio)
(xv) The Secretary to the Government, of Uttar Pradesh,
Religious Af fairs Department or his nominee not below the rank of
Special Secretary — Member (ex-officio)
(xvi) The Secretary to the Government, of Uttar Pradesh, Finance
Department or his nominee not below the rank of Special Secretary —
Member (ex-officio)
(xvii) The Secretary to the Government, of Uttar Pradesh, Urban
Development Department or his nominee not below the rank of Special
Secretary — Member (ex-officio)
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(xviii) Three person, to be nominated by the State Government in
consultation with the Chairperson, who shall be experienced in art,
architecture, culture, history or literature — Member.
(2) The Chairperson sand the Members other than ex-officio
Members shall hold office at the pleasure of State Government.
(3) No actions or proceeding of the Board shall be invalid by
reason of the existence of any vacancy in, or defect in the Constitution
of the Board.
The Staff of
the Board
5. (1) The Board shall have such permanent and temporary staff
to run its office and day to day work ;
(2) The Board may, with the approval of State Government,
create posts of the officers and employees of the Board ;
(3) The terms and conditions of the service including salaries
and allowances of the staff appointed u nder sub -section (1) shall be
finalized with the approval of the State Government ;
(4) For the purpose of carrying out its functions under this Act
the Board may requisite the services of any officer or employee with the
approval of the State Government ;
(5) Staff referred in sub -section (1) shall be under the
administrative and disciplinary control of the chairperson, who will be
the appointing Authority but perform their duties under the direct
control of the Chief Executive officer.
Power and
functions of
the Board
6. (1) The Chief Executive officer will be the executive head of the
Board who will act and pass orders in accordance with the provisions of
this Act or the rules and regulations made under this Act;
(2) (a) The Board shall, as soon as may be, prepare a plan for the
Special Development Area :—
(i) The plan shall define various sectors into which such area
may for the purposes of development indicate the land in each sector
which is proposed to be used and the stages by which any d evelopment
shall be carried out ; serve as a basic pattern of frame -work, within
which the development plans for various sectors may be prepared.
(ii) The plan may provide for any other matter necessary for the
proper development of such area ;
(b) Th e Board shall prepare a plan to rehabilitate, as may be
required, and get it approved by the State Government in order to settle
and rehabilitate residents, owners or occupants ; who are to be
relocated, for implementation of development plan for the Speci al
Development Area ;
(c) The Board shall make and execute a long -term plan to
conserve the heritage that falls under its jurisdiction and shall ensure
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that the surrounding are according to the Sajra bandobast Pla n after
due approval of the State Government.
(3) (i) Subject to the directions given by the State Government,
the Board may acquire any building or land through mutual
negotiations, purchase, donation, transfer, lease, rent or otherwise. It
may also acquire any land, buildings in accordance with the provisions
of law for the time being in force and shall publish a public notice in the
local newspaper/Gazette inviting persons who may have any claim or
interest in such property, to file their claim ;
(4) The State Government may vest any land to the Board,
whether under its control or under the control of any local body by such
terms and conditions as it may deem fit.
(5) The Board may sell, lease, rent or otherwise transfer whether
by auction, allotment or otherwise any land or building belonging to the
Board in the Special Development Area with the prior approval of the
State Government in such manner and on such terms and conditions
as may be prescribed ;
(6) The Board may on payment of such fees and on such
conditions grant renew license for such period as may be prescribed by
regulations and renew to carry out any profession or trader in the
Special Development Area ;
(7) For the purposes of proper planning and development of the
Special Devel opment Area, the Board may issue such directions as it
may consider necessary, regarding, —
(a) ban on erection or occupation of any building in
contravention of regulations ;
(b) protection of architectural features of the elevation or
frontage of any building ;
(c) layout and alignment of buildings on any site ;
(d) restrictions and conditions in regard to open spaces to be
maintained in and around buildings and height and character of
buildings ;
(e) number of residential buildings that may be erected on any
site ;
(f) erections of shops, workshops, warehouses, factories or
buildings ;
(g) maintenance of height and position of walls, fences, hedges or
any other structure or architecture constructions ;
(h) maintenance of amenities ;
(i) restrictions of use of any site for a purpose other than that for
which it has been allocated ;
(j) the means to be provided for proper (i) drainage of waste
water (ii) disposal of waste, and (iii) disposal of town refuse ;
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(k) the materials to be used for external and partition walls,
roofs, floors and other parts of buildings and their position or location
or the method of construction ;
(l) the certificates necessary and incidental to the submission of
plans, amended plans and completion and/or occupancy certificates.
Power to
regulate
proper
maintenance
of site or
building
7. If it appears to the Board that the condition or use of any site
or building is prejudicially affecting or is likely to affect the proper
planning of the amenities in any part of the Special Development Area,
it may serve a notice on t he transferee, occupier or owner of that site or
building requiring him/her to take such steps and within such period
as may be specified in the notice and thereafter to maintain it in such
manner as may be specified therein and in case such transferee,
occupier or owner fails to take such steps or to maintain it thereafter,
the Board may itself take steps for proper maintenance thereof and
realize the cost incurred on it from such transferee, occupier or owner.
Levy of taxes
and service
charges
8. (1) For the purposes of providing, maintaining, or continuing
amenities in the Special Development Area, the Board may with the
prior approval of the State Government, levy such taxed or service fee as
it may consider necessary in respect of any site or building on the
transferee or occupier thereof :
Provided that the total incidence of such tax shall not exceed
twenty-five percent of the annual value of such site or building.
Explanation :— For the purposes of this section, the expression
‘annual value’ shall have the same meaning s provided in Section 174 of
the Uttar Pradesh Municipal Corporation Act, 1959 ;
(2) If the Board considers it necessary or expedient in the public
interest it may, by a general or special order, exempt wholly or partly
any su ch transferee or occupier or any class thereof from the taxed
levied under sub-section (1).
Penalty 9. (1) Where a transferee made any default in the payment of
any consideration and money or installment thereof or any other
amount due on account of the transfer of any site or building by the
Board or any rent due to the Board in respect of any lease, or where any
transferee, occupier or owner makes any default in the payment of any
fee or tax levied under this Act, the Chief Executive Officer may impose
penalty of a sum not exceeding the amount to be recovered from the
transferee, occupier or owner in addition to the amount of arrears, as
the case may be.
(2) In the case of non -payment of consideration money or any
installment thereof on account of the transfer by the Board of any site
or building or in case of any breach of any condition of such transfer or
breach of any provisions of this act or the rules made there under or the
site or building so transferred and may further forfeit the whole or any
part of the money, if any, paid in respect thereof.
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(3) Where the Chief Executive Officer orders to require any site
or building, the Collector may on his requisition, cause possession
thereof to be delivered to him and may for that purpose use or cause to
be used such force as may be necessary.
Power to
inspect and
enter into the
building or
land
10. (1) The Chief Executive Officer or any person authorized by
him may enter into any open premises or building with or without
assistance, for the purposes of :—
(a) making any inquiry, inspection, measurement or survey or
taking levels of such land or building ;
(b) examining works under construction or of ascertaining the
course or sewers or drains ;
(c) ascertaining whether any building is being or has be en
erected or re -erected without sanction or in contravention of any
sanction given under this Act or the rules and regulations made there
under and to take such measurements and do any such other acts as
may be necessary for such purpose ;
(d) doing an y other thing necessary for the efficient
administration of this Act :
Provided that ;
(i) no such entry shall be made except between the hours of
sunrise and sunset and without giving reasonable notice to the occupier
or if there be not occupier, the owner of the land or building;
(ii) sufficient opportunity shall in every instance, be given to
enable women if any to withdraw from such land or building ;
(iii) due regard shall always be had, so far as may be compatible
with the exigencies of the purp ose for which the entry is made, to the
social and religious usages of the occupants of the land or building
entered.
(2) Any person, residing in or being in charge of such land or
building shall on demand of such officer other person allow him free
ingress there to and afford all reasonable facility for such inquire,
inspection, measurement, survey or examination or other activities as
mentioned in sub-section – 1.
Fund 11. The Board shall have and maintain its fund to which shall
be credited, —
(a) all moneys received by the Board from the State Government
by way of grants, loans advances or otherwise ;
(b) all moneys borrowed by the Board from sources other than
the State Government by way of loans or debentures ;
(c) all fees, tolls and charges received by the Board under this
Act ;
(d) all moneys received by the Board from the disposal of lands,
buildings and other movable and immovable properties ; and
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(e) all moneys received by the Board by way of rents and profits
or in any other manner or from any other sources ;
(f) in addition to the funds under foregoing clauses the Board
shall have the powers to raise its own funds through su ch revenue
sources as may be approved by the State Government ;
(2) The funds hall be utilized towards meeting the expenses
incurred by the Board in the administration of this Act.
(3) Subject to any directions of the State Government, the Board
may keep in current account of any Scheduled Bank such sum of
money out of its funds as it may think necessary for meeting its
expected current requirements and invest any surplus money in such
manner as it thinks fit.
Budget and
Accounts
12. (1) The Board shall prepare its budget in respect of the
financial year next ensuing, showing the estimated receipts and
expenditure of the Board and get it duly approved by the State
Government.
(2) The Board shall maintain proper accounts and other relevant
records and prepare annual statement of accounts including the
balance-sheet in such from as may be prescribed.
(3) The accounts of the Board shall be subject to audit annually
by the examiner, Local Fund Accounts.
Power to
make rules
13. The State Governm ent may by notification make rules for
carrying out the purposes of this Act.
Power to
make
regulations
14. The Board may with the prior approval of the State
Government make such regulations as are required to make under this
Act or the rules framed there under.
Power to
issue
directions
15. (1) The State Government shall have power to issue
directions and the Board shall be bound to carry out such directions
from time to time for the efficient administration of the Act.
(2) If in, or in connection with, the exercise of its powers and
discharge of its functions by the Board under this Act any dispute
arises between the Board and the State Government the decision of the
State Government, on such dispute shall be final.
Power to
delegate
16. (1) The State Government may by general or special order,
direct that any power exercisable by it under this Act except the power
to make rules, may also be exercised by such officers or the Board in
such cases and subject to such conditions, if any, as may be s pecified
therein ;
(2) The Board may, by general or special order direct that any
power exercisable by it under this Act except the power to make
regulations or bye -laws, may also be exercised by such officer or local
Authority, in such cases and subjec t to such conditions, if any, as may
be specified therein ;
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(3) Subject to the provisions of this Act and to such restrictions,
as may be imposed by the State Government by a general or special
order, the Chairperson and the Chief Executive Of ficer may, by an order
in writing , delegate, any officer sub ordinate to the Board all or any
powers exercisable by the Board or the Chairperson, as the case may
be, under this Act, or the rules made there under.
Power of the
State
Government
to call for
records
17. The State Government may, at any time either on its own
motion or on application made to it in this behalf call for any record and
may in case or an order passed by the Board or any officer authorized
by it to perform any function under this Act for the purpose of satisfying
itself as to the legality or propriety of any order, pass such order or
issue such direction in relation 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.
Annual
Report
18. The Board shall prepare for every year a report of its
activities during that year and submit it to the State Government in
such form and on or before such date as may be prescribed.
Exemption 19. Notwithstanding anything contained in this Act the State
Government may by notification in the Gazette, exempt, subject to such
conditions and restrictions, if any, as may be specified in such
notification any land or buil ding or class of lands or building or
buildings from all or any of the provisions of this Act or rules or the
regulations made there under.
Offences 20. (1) No person shall use or permit to be used any land, site,
premises or building in special developm ent area in contravention of
any plan prepared or direction by the Board or any officer.
(2) Whoever fails to comply the direction or order of the Board or
any person authorized by it or does any act or omission in violation of
any plan or direction ref erred to in sub -section (1) shall be punished
with imprisonment of one year or with fine which shall not be less than
one thousand rupees or with both.
offences by
companies
21. (1) 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 the
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 commission of such offence ;
(2) Notwithstanding anything contained in Sub -section (1),
where an offence under this Act has been committed by a company
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and it is proved that the offence has been committed wit h the consent
or connivance, of , or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
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 individuals ; and
(b) ‘director’ in relation to a firm means a partner in the firm.
Cognizance of
offences
22. (1) No court shall take cognizance of any offences under
this Act except on a complaint in writing made under the signature of
an officer duly authorized by the Board in this behalf.
(2) offences punishable under this Act shall be tried by a court
not inferior to the Magistrate of first class.
Composition
of Offences
23. (1) Any offence made punishable by or under this Act may
either before or after the institution of proceedings, be compounded -by
the Chief Executive officer or any officer authorized by him in that
behalf by General or Specia l order on such terms, including any term
as regards payment of a composition fee, as the Chief Executive officer
or such officer may think fit.
(2) Where an offence has been compounded, the offender, if in
custody, shall be discharged and no further pro ceedings shall be taken
against him in respect of the offence compounded.
Members and
officers to be
public
servants
24. The Chairper son, every member and every officer of the
Board shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code, 1860 (Act no. 45 of 1860).
Sanction of
prosecution
25. No prosecution for any offence punishable under this Act
shall be instituted except with the previous sanction of the Chairperson.
Authentication
of orders and
documents
26. All permissions, orders, decisions, notices and other
documents of the Board shall be authenticated by the signature of the
Chief Executive Officer or any other Officer in this behalf.
Suit and other
proceedings
27. No suit, prosecution or other lega l proceedings shall lie
against any person for, anything which is in good faith done or
intended to be done under this Act or any rules or regulations made
there under.
Term of
members and
chairperson
28. The term of the chairperson and members of Board other
than ex-officio members of the Board shall be three years :
Provided that the Chairperson or a Member of the Board shall,
notwithstanding the expiration of the term thereof shall continue to
hold office till his/her successor enters upon the office.
Dissolution of
Board
29. (1) Where the State Government is satisfied that the
purposes for which the Board was established under this Act have
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been substantially achieved so as to render the continued existence of
the Board in the opinion of the State Government unnecessary, the
State Government may by notification in the Gazette declare that the
Board shall be dissolved with effect from such date as may be specified
in the noti fication and the Board shall be deemed to be dissolved
accordingly.
(2) From the date referred to in sub-section (1), —
(a) All properties, funds and dues whish are vested in, or
releasable by the Boards shall vest in or be reliable by the State
Government ;
(b) all lands places at the disposal of the Board shall revert to
the State Government ;
(c) all liabilities which are enforceable against the Board shall
be enforceable against the State Government.
(3) For the purpose of carrying out any deve lopment which has
not been duly carried out by the Board and for the purposes of
realizing properties, funds and dues referred to in clause (a) of sub -
section (2) the functions of the Board shall be discharged by the State
Government.
Power to
remove
difficulties
30. If any difficulty arises in giving effect to the provisions of
this Act the State Government may, by order, make such provisions
not inconsistent with this Act as may appear to it to be necessary or
expedient for the removal of the difficulty :
Provided that no such power shall be exercised after the expiry
of a period of two years from the commencement of this Act.
Overriding
effect
31. The provisions of this Act shall apply notwithstanding
anything to the contrary contained in any law of the State of Uttar
Pradesh for the time being in force.
Repeal and
saving
32. (1) Shri Kashi Vishwanath Special Area Development Board
Varanasi Ordinance, 2018 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken u nder the Ordinance, referred to in sub -section (1) shall be
deemed to have been done or taken under this act as if the provisions
of this Act were in force at all material times.
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STATEMENT OF OBJECTS AND REASONS
Sri Kashi Vishwanath Temple situated at the bank of holy river
Ganga in District Varanasi is one of the important jyotirlinga of the
twelve jyotirlingas of Lord Shiva due to which i t is of international
repute. It is also a special place of Uttar Pradesh State in the
perspective of tourism. In view of the Mythological, Religious, Spiritual,
Cultural significance of the area related to it, extension or
beautification of the accessible paths from Ganga river to the Temple
Complex and related major routes and existing ancient temples to their
lives intact, develop their reinvigorated strengthening ambitious
scheme has been prepared by the State Government with the help of
the Central Government. In order to maintain the continuous existence
of the pilgrims, devotees, tourists in the available area marked in the
map, after completing the development of infrastructure for quality and
timely completion, it has been decided to make a law to provide for the
establishment of Shir Kashi Vishwanath Special Area Development
Board Varanasi to create, formulate, implement, regulate and maintain
the Special Area under its jurisdiction for developing and maintaining
the cultural, spiritual, mytholo gical and architectural aesthetics in
such area to promote tourism in consonance with the rich cultural
heritage thereof.
Since the State legislature was not in session and immediate
legislative action was necessary to implement the aforesaid decision
the Shri Kashi Vishwanath Special Area Development Board Varanasi
Ordinance, 2018 (U. P. Ordinance no. 8, 2018) was promulgated by
Governor on June 29, 2018.
This Bill is introduced to replace the aforesaid Ordinance.
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