LexThe Uttar Pradesh Special Area Development Authorities Act, 1986
Uttar Pradesh · state statute
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No. 664(2)/XVII-V-1-1(KA) 1-1986
Dated Lucknow, March 19, 1986
In pursuance of the provisions of clause ( 3 ) of Article 348 of the Constitution of India, the Governor is
pleased to order the publication of the following English translation of the Uttar Pradesh Vishesh Kshetra
Vikas Prathikeran Adhiniyam, 1986 (Uttar Pradesh Adhiniyam Sankhya 9 of 1986) as passed by the Uttar
Pradesh Legislature and assented to by the President on March 19, 1986
THE UTTAR PRADESH SPECIAL AREA DEVELOPMENT
AUTHORITIES ACT, 1986
(U. P. Act No. 9 of 1986)
[As passed by the U. P. Legislature]
AN
ACT
to provide for the establishment of Special Area Development Authorities for the planned
development of certain areas of Uttar Pradesh and for matters ancillary thereto.
IT IS HEREBY enacted in the Thirty-seventh Year of the Republic of India as follows:
CHAPTER I
Preliminary 1.
Short title, extent
and commence-
ment
(1) This Act may be called the Uttar Pradesh Special Area Development
Authorities Act, 1986.
(2) It extends to the whole of Uttar Pradesh excluding cantonment areas.
( 3 ) It shall be deemed to have come into force on October 8, 1985.
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
2. In this Act unless the context otherwise requires,-
(a) "Authority" in relation to any local area means the Special Area
Development Authority constituted for that area under sec- tion 4:
(b) "amenity" includes roads and streets, water and electric supply, street
lighting, open spaces, parks, recreation grounds, playgrounds, natural features,
drainage, sewerage, public works and other utilities, services and
conveniences;
(c) "building" includes any structure or part of a structure with whatever
material. constructed which is used or intended to be used as a place for human
dwelling or custody of property or performance of worship or for carrying on any
occupation, trade or business; the
(d) "development" with its grammatical variations means, planned
development of any area by carrying out building, engineering, mining or other
operations in, on, over or under land, or making any material change in any
building or land in such area and in- cludes agricultural, industrial and socio-
economic development of such area;
(e) "regulation" means a regulation made under this Act by the Special Area
Development Authority;
(f)"rule" means a rule made under this Act by the State Government;
(g) "special development area" means the special development area
notified under section 3;
(h) 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.
Definitions
CHAPTER II
Establishment of Special Development Authorities
3. If the State Government is of opinion that any area of special im- portance in the
State needs to be developed in a planned manner, it may, by notification, declarc
such area to be a special development arca for the pur- poses of this Act.
Declaration of
Special Deve-
lopment Area
4. (1) For a special development area, notified under section 3, the State
Government may, by notification, constitute an Authority to be called the Special
Area Development Authority.
(2) The Special Arca Development Authority shall be a body corporate, by
the name given to it in the said notification, having perpetual succession and a
common seal with power to contract and acquire, hold and dispose of property,
and shall, by the said name sue and be sued.
(3) The special Area Development Authority shall consist of the following
members, namely:-
The Develop-. ment
Authority
(a) A Chairman, to be appointed by the State
Government,
(b) The Secretary to the State Government Incharge of the
Department in which, for the time. being, the business
relating to the Development Authorities is transacted,
ex-officio:
(c) The Secretary to the State Government in the
Department of Finance,
ex-officio:
(d) The Secretary to the State Government in the Planning
Department,
ex-officio;
(e) Chief Town and Country Planner, Uttar Pradesh,
ex-officio;
Chairman of the Uttar Pradesh State Electricity Board,
ex-officio:
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
(g) Chairman of the Uttar Pradesh Jal Nigam,
(h) District Magistrate of every district any part of
which is included in the special development area,
(i) Four persons to be nominated by the State Government to re- present the
industrial, mining and power undertakings operating in the area;
(j) Such other members, not exceeding two, as may be nominated by the State
Government to represent other interests in the special development area.
(4) A member referred to in clause (b), clause (c) or clause (d) of sub-section (3)
may instead of attending a meeting of the Authority himself, depute an officer, not below
the rank of Joint Secretary in the department, and a member referred to in clause (e),
clause (f) or clause (g) of sub-sec- tion (3) may, likewise depute an officer not below the
rank of Additional Chief Engineer. 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.
(5) The Special Area Development Authority may associate with it- self, in such
manner and for such purposes as may be determined by regula- tions, any person whose
assistance or advice it may desire in complying with any of the provisions of this Act.
(6) Any person associated under sub-section (5) shall have the right to take part in
the discussion of the Authority relevant to the purpose for which he has been associated,
but he shall not be entitled to vote.
(7) There shall be paid to the Chairman such salary, honoraria and allowances
from the funds of the Authority, as may be determined by the State Government.
(8) The term of office of the Chairman and members (other than the ex-officio
members) shall be such as may be determined by order by the State Government.
(9) No act or proceedings of the Authority shall be invalid merely by reason of the
existence of any vacancy in, or defect in the constitution thereof or any irregularity in the
procedure thereof not affecting the merits of the case.
Staff of the
Authority
5. (1) The State Government may appoint suitable persons respective- ly as the
Secretary and the Chief Accounts Officer of the Authority who shall exercise such powers
and perform such duties as may be prescribed.
(2) The Authority may, with the prior approval of the State Govern- ment, create
such posts, as it considers necessary, for the efficient discharge of its functions under this
Act and may, subject to any rules that may be made in this behalf, make appointments on
such posts and deter- mine the designations of persons so appointed.
(3) The qualifications and terms and conditions of service of officers and
employees, appointed under sub-section (2), shall be such as may be prescribed.
(4) The officers and employees appointed under sub-section (2), shall perform and
discharge such functions and duties as may be prescribed.
(5) The Secretary, the Chief Accounts Officer and other officers and employees of
the Authority shall be entitled to receive from the funds of the Authority such salaries and
allowances as may be prescribed.
Functions of
the Authority
6. The functions of the Special Area Development Authority shall be-
(i) to promote and secure development in a planned manner of the special
development area for which it has been constituted;
(ii) to prepare development plan for the special development arca;
(iii) to implement the development plan after its approval by the State Government;
ex-officio; ex-officio;
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
(iv) for the purpose of implementation of the plan, to acquire, hold, develop,
manage and dispose of land and other property;
(v) to carry out building, engineering, mining operations and other construction
activity;
(vi) to execute works in connection with the supply of water and electricity and to
provide such utilities and amenities as water, elec- tricity, drainage and the like;
(vii) to dispose of sewage and to provide and maintain other services and
amenities;
(viii) to provide for the municipal management of the special development area in
the same manner as is done by Nagar Mahapa- lika under the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959;
(ix) to otherwise perform all such functions as are necessary or expedient for the
purpose of the planned development of the special development area and for purposes
incidental thereto :
Provided that the functions specified in clauses (viii) and (ix) shall not be performed
unless so required by the State Government.
7. The Special Area Development Authority shall-
(a) for the purpose of municipal administration have the powers which a Nagar
Mahapalika has under the Uttar Pradesh Mahapalika Adhiniyam, 1959; Nagar
Nagar
(b) for the purpose of taxation have the powers which a Mahapalika has in
relation to a city under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.
Powers of the
Authority
CHAPTER III
Master Plan for Special Development Area
8. (1) The Authority shall, as soon as may be, prepare a master plan for the special
development area for which it has been constituted.
(2) The master plan shall-
(a) define the various sectors into which such area may be divided for the
purposes of development and indicate the manner in which the land in each sector is
proposed to be used and the stages by which any such development shall be carried
out; and
(b) serve as a basic pattern of frame-work within which the development plans for
various sectors may be prepared.
(3) The master plan may provide for any other matter which may be necessary for the
proper development of such area.
Preparation of
Master Plan
9. (1) Simultaneously with the preparation of the master plan or as soon as may be
thereafter, the Authority shall proceed with the preparation of a sector plan for each of
the sectors referred to in sub-section (2) of section 8.
(2) A sector development plan may-
(a) contain a site-plan and use-plan for the development of the sector and
show the approximate locations and extent of land uses proposed in the
sector for such things as public buildings and other public works and utilities,
roads, housing, recreation, industry, business, markets, schools, hospitals
and public and private open spaces and other categories of public and private
uses;
(b) specify the standards of population density and building density; •
(c) show every area in the sector which may, in the opinion of the
Authority, be required or declared for development or re-deve- lopment; and
(d) in particular, contain provisions regarding all or any of the following
matters, namely
(i) the division of any site into plots for the construction of buildings;
Sector Plans
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
(ii) the allotment or reservation of land for roads, open spa- ces, gardens,
recreation grounds, schools, markets and other public purposes;
(iii) the development of any area into a township or colony and the
restrictions and conditions subject to which such deve- lopment may be
undertaken or carried out;
(iv) the construction of building on any site and the restrictions and
conditions in regard to the open spaces to be maintained in or around buildings
and height and character of buildings;
(v) the alignment of buildings of any site;
(vi) the architectural features of the elevation or frontage of any buildings to
be constructed on any site; (vii) the number of residential buildings which may
be cons- tructed on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such
site whether before or after the construction of buildings and the person or
authority by whom or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding construction of shops,
workshops, warehouses or factories or buildings of a specified architectural
feature or buildings designed for cular purposes in the locality; parti-
(x) the maintenance of walls, fences, hedges or any other structural or
architectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any site for purposes other than
construction of buildings;
(xii) any other matter which is necessary for the proper deve- lopment of the
sector or any portion thereof according to plan.
Procedure for
preparation of
plan and sub-
mission of the
same
10. (1) Before preparing any plan under section 8 or 9 finally the Authority shall
prepare a draft plan and publish a notice in such form and manner as may be
prescribed, inviting objections and suggestions by such date being not less than thirty
days from the date of the publication of the notice, as may be specified in the notice.
(2) The Authority shall also give reasonable opportunity to every local authority
within whose local limits any land touched by the plan is situated, to make any
representation with respect to the plan.
(3) After considering all such objections, suggestions, and represen- tations, as
may be received, the Authority shall finally prepare the plan and submit it to the State
Government for its approval.
(4) The State Government may either approve the plan without modifi- cation or
with such modifications as it may consider necessary or reject the plan with directions
to the Authority to prepare a new plan according to such directions.
Date of
commencement
of plan
11. Immediately after a plan has been approved under section 10 the State
Government shall cause it to be published in the Gazette and in such other manner as
may be prescribed and the plan shall come into operation with effect from the date of
its publication in the Gazette.
Amendment of
plan
12. (1) The Authority may, with the approval of the State Govern- ment, make such
amendments in the plan prepared under section 8 or 9 as it thinks fit.
(2) The provisions of sections 10 and 11 shall mutatis mutandis apply to any
amendment made under this section.
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
CHAPTER IV
Development of Lands
13. (1) After the establishment of the Authority for any special deve- lopment area,
no development of land shall be undertaken or carried out or continued in that area by
any person or body including a department of Government or any undertaking in public
or private sector, unless permission for such development has been obtained in writing
from the authority in accordance with the provisions of this Act.
(2) After the coming into operation of any of the plans in any such area no
development shall be undertaken or carried out or continued in that area unless such
development is also in accordance with such plans.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the following
provisions shall apply in relation to development of land in that area by any department of
the State Government or the Central Govern- ment or any local authority-
(a) when any such department or local authority intends to carry out any
development of land it shall inform the Chairman of the Authority in writing of its
intention to do so giving full particulars thereof, including any plans and documents,
at least 90 days before undertaking such development; Government or the
(b) in the case of a department of any State Central Government, if the
Chairman has any objection he shall in- form such department of the same within
six weeks from the date of intention, receipt by him under clause (a) of the
department's within the said and if the Chairman does not make any objection
period the department shall be free to carry out the proposed deve- lopment;
(c) where the Chairman raises any objection to the proposed deve- lopment on
the ground that the development is not in conformity with any master plan or sector
plan prepared or intended to be pre- pared by it under this Act or on other ground,
such depart- ment or the local authority, as the case may be, shall-
(i) either make necessary modifications. in the proposal for. development
to meet the objections raised by the Chairman; or
(ii) submit the proposals for development together with the Chairman to the
Authority for objections raised by the decision under clause (d);
(d) the Authority on receipt of proposals for development together with the
objections of the Chairman may either approve the pro- posals with or without
modifications or direct the department or the local authority, as the case may be, to
make such modifications as it considers necessary and the decision of the
Authority shall be final.
Development
of in the land
Special Deve-
lopment Area
14. (1) Every person or body (other than any department of Govern- ment or any
local authority) desiring to obtain the permission referred to in section 13 shall make an
application in writing to the Authority in such form and containing such particulars in
respect of the development to which the application relates as may be prescribed.
(2) Every application under sub-section (1) shall be accompanied by such fee as
may be prescribed by the regulations.
(3) On the receipt of an application for permission under sub-section (1), the
Authority or such person as may be authorised by it in this behalf, after making such
inquiry as is considered necessary in relation to any matter specified in clause (d) of sub-
section (2) of section 9 or in relation to any other matter, shall, hy order in writing, either
grant the permission, .subject to such conditions, if any, as may be specified in the order
or re- fuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall
be given a reasonable opportunity to show cause
Application for
permission
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
Provided further that the Authority may, before passing any order o such
application give an opportunity to the applicant to make any correction therein or to
supply any further particulars or documents or to make good an deficiency in the
requisite fee with a view to bringing it in conformity with the relevant rules or
regulations.
(4) Where permission is refused, the grounds of such refusal shall forth. with be
recorded in writing and communicated to the applicant.
(5) Any person aggrieved by an order under sub-section (4) may appeal to the
State Government against that order within thirty days from the communication thereof
and the State Government may pass such orders as it thinks fit.
(6) The Authority shall keep in such form as may be prescribed a register of
applications for permission under this section.
(7) The said register shall contain such particulars, including information as to the
manner in which application for permission have been dealt with, as may be laid down
in the regulations, and shall be available for inspection by the public at all reasonable
hours on payment of such fee laid down in the regulations. as may be
Uses of land and
buildings in
contravention of
Plans
15. After the coming into operation of any of the plans in a sector, no person shall
use or permit to be used any land or building in that sector otherwise than in conformity
with such plan:
Provided that it shall be lawful to continue to use, upon such terms and
conditions as may be prescribed, any land or building for the purpose and to the extent
for and to which it is being used upon the date on which sueh plan comes into force.
CHAPTER V
Acquisition and Disposal of Land
Compulsory
acquisition of
land
16. (1) If in the opinion of the State Government, any land is required for the
purpose of development, or for any other purpose, under this Act the State
Government may acquire such land under the provisions of the Land Acquisition Act,
1894:
Provided that any person from whom any land is so acquired may, after the
expiration of a period of five years from the date of such acquisition, apply to the State
Government for restoration of that land to him on the ground that the land has not been
utilised within the period for the purpose for which it was acquired, and if the State
Government is so satisfied it shall order re- storation of the land to him on re-payment
of the charges which were in- curred in connection with the acquisition together with
interest at the rate of twelve per cent per annum and such development charges, if any,
as may have been incurred after acquisition.
(2) Where any land has been acquired by the State Government, it may, after it
has taken possession of the land, transfer the land to the Authority for the purpose for
which the land has been acquired on payment by such Authority of the compensation
awarded under that Act and of the charges incurred by the State Government in
connection with the acquisition.
Disposal of land
by the Authority
concerned
17. (1) Subject to any directions given by the State Government in this behalf, the
Authority may dispose of-
(a) any land acquired by the State Government and transferred to it, without
undertaking or carrying out any development thereon, or
(b) any such land after undertaking or carrying out such deve- lopment as it
thinks fit,
to such persons, in such manner and subject to such terms and conditions as it
considers expedient for securing the development of the special develop- ment areas
according to plan.
(2) Nothing in this Act shall be construed as enabling such Autho- rity to dispose
of land by way of gift, but subject thereto, references in this Act to the disposal of land
shall be construed as references to the dis- posal thereof in any manner, whether by
way of sale, exchange or lease or by the creation of any easement, right or privilege or
otherwise.
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
CHAPTER VI
Finance, Accounts and Audit
18. (1) The Authority shall have and maintain its own fund to which shall be
credited-
(a) all moneys received by the Authority from the State Govern- ment or the
Central Government by way of grants, loans, advances or otherwise;
(b) all moneys borrowed by the Authority from sources other than the State
Government or the Central Government by way of loans or debentures;
(c) all fees, tolls, cess and charges received by the Authority under this Act;
(d) all moneys received by the Authority from the disposal of lands,
buildings and other properties movable and immovable; and
(e) all moneys received by the Authority by way of rents and pro- fits or in
any other manner or from any other source.
(2) The fund shall be applied towards meeting the expenses to be incurred
by the Authority in the administration of this Act and for no other purposes.
(3) The Authority may borrow money by way of loans or deben- tures from
the Central Government or State Government or such other sources and on such
terms and conditions as may be approved by the State Government.
(4) The Authority shall maintain a sinking fund for the repayment of moneys
borrowed under sub-section (3), and shall pay every year. to the sinking fund
such sum as may be sufficient for repayment within the period fixed of all
moneys so borrowed.
(5) The sinking fund or any part thereof shall be applied in, or towards, the
discharge of the loans for which such fund was created, and until such loans are
wholly discharged it shall not be applied for any other purpose.
Fund of the
Authority
19. The Authority shall prepare in such form and at such time every year as the
State Government may specify, a budget in respect of the finan- cial year next ensuing,
showing the estimated receipts and expenditure of the Authority.
Budget of the
Authority
20. (1) The Authority shall maintain proper accounts and other relevent records
and prepare an annual statement of accounts including the balance. sheet in such form
as the State Government may specify.
(2) The accounts of the Authority shall be subject to audit annually by the Director,
Local Fund Audit Department and any expenditure incurred by him in connection with
such audit shall be payable by the Authority to the Director, Local Fund Audit
Department.
(3) The Director, Local Fund Audit Department and any person appoint- ed by him
in connection with the audit of accounts of the Authority shall have the same rights,
privileges and authority in connection with such audit as the Director, Local Fund Audit
Department has in connection with the audit of the accounts of a local authority and, in
particular, shall have the right to demand the production of books, accounts, connected
vouchers and other documents and papers and to inspect, the office of such Authority.
(4) The accounts of the Authority as certified by the Director, Local Fund Audit
Department or any other person appointed by him in that behalf, together with the audit
report thereon, shall be forwarded annually to the State Government.
Accounts and
Audit
21. The Authority shall prepare for every year a report of its activities during that
year and submit a report to the State Government in such form and on or before such
date as the State Government may specify.
Annual Report
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
Pension and
Provident Fund
22. (1) The Authority may constitute for the benefit of its paid me bers and of its
officers and other employees in such manner and subject such conditions, as the State
Government may provident funds, or schemes of group insurance as it may deem fit.
(2) Where any such pension or provident fund has been constituted, tl State
Government may declare that the Act, 1925, shall apply to such fund as if it were a
Government Provider provisions of the Provident Fund Fund.
CHAPTER VII
Supplemental and Miscellaneous Provisions
Powers of entry 23. Subject to any rules that may be made in this behalf, the Authc rity may
authorise any person to enter into or with or without assistants or workmen for the
purposes of - upon any land or buildin
(a) making any inquiry, inspection, measurement taking levels of such land or
building; or survey or taking levels of such land or Building;
(b) examining works under construction and ascertaining the cours of sewers
and drains;
(c) digging or boring into the sub-soil:
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and cutting
trenches;
(f) ascertaining whether any land is being or has been developed in
contravention of the master ferred to in section 14 or in contravention of any
condition subject plan or without the permission re- to which permission has been
granted or
(g) doing any other thing necessary for the efficient administration of this Act.
Explanation-Every person authorised to enter into or upon any land or building
under this section, shall while so acting in pursuance of such autho- rity be deemed to
be a public servant for the purposes of section 21 of the Indian Penal Code.
Offences 24. (1) Any person who undertakes or carries out development of any land in
contravention of the master plan or sector plan or without the per- mission, approval or
sanction referred to in section 14 or in contravention of any condition subject to which
such permission, approval or sanction has been granted, shall be punishable with fine
which may extend to ten thousand rupees, and in the case of a continuing offence with
further fine which may extend to five hundred rupees for every day during which such
offence con- tinues after conviction for the first commission of the offence.
(2) Any person who uses any land or building in contravention of the provisions of
section 15 or in contravention of any terms and conditions prescribed under the proviso
to that section shall be punishable with fine which may extend to five thousand rupees
and in the case of continuing offence, with further fine which may extend to two
hundred and fifty rupees for every day during which such offence continues after
conviction for the first commission of the offence.
(3) Any person who obstructs the entry of a person authorised under section 23 to
enter into or upon any land or building or molests such person after such entry shall be
punishable with imprisonment for a term which may extend to six months, or with
thousand rupees, or with both. fine which may extend to onethousand rupees, or with
both.
Order of
demolition of
building
25. (1) Where any development has been commenced or is being carried on or
has been completed in contravention of the master plan or sector plan or without the
permission, approval or sanction referred to in section 14 or in contravention of any
conditions subject to which such approval or sanction has been granted, then without
prejudice to the pro-. permission, visions of section 24 the Authority may make an
order, directing that such
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
development shall be removed by demolition, filling or otherwise by the owner thereof or
by the person at whose instance the development has been com. menced or is being
carried out or has been completed, within such period not being less than fifteen days
as may be specified in the order and on his failure to comply with the order, may remove
or cause to be removed such development and expenses of such removal shall be
recoverable from the owner cr the person at whose instance the development was
commenced or was being carried out or was completed, as arrears of land revenue and
no suit shall lie in the Civil Court for recovery of such expenses :
Provided that no such person order shall be made unless the owner or the person
concerned has been given a reasonable opportunity to show cause why the order
should not be made.
(2) The provisions of this section shall be in addition to and not in derogation of
any other provision relating to demolition of buildings con- tained in any other law for the
time being in force. the
(3) Any person aggrieved by an order passed under sub-section (1) may within
thirty days from the date of such order, prefer an appeal to Commissioner of the division
and the decision of the Commissioner in such appeal shall be final.
(4) The provisions of the Code of Civil Procedure, 1908 shall mutatis mutandis
apply to the hearing and disposal of any appeal under this section, as if it were an
appeal from original decree under that Code.
(5)It shall be lawful for the Commissioner to pass such interlocutory or interim
orders including stay of operation of the order appealed against, as he considers
necessary for the ends of justice.
26. (1) Where any development has been commenced or continued in
contravention of the master plan or sector plan or without the permission, approval or
sanction referred to in section 14 or in contravention of any condition subject to which
such permission, approval or sanction has been of sections 24 and 25, granted, then,
without prejudice to the provisions the Authority or such officer as may be authorised by
it in this behalf, may make an order requiring the development to be discontinued from
the date of the service of the order, and such order shall be complied with accordingly.
on and
(2) Where such development is not discontinued in pursuance of the order under
sub-section (1), the Authority or such officer may require any police officer to remove
the person by whom the development has been com- menced and all the assistants and
workmen from the place of development within such time as may be specified in the
requisition and such police officer shall comply with the requisition accordingly.
(3) Any person failing to comply with an order under sub-section (1), or sub-section
(2), shall be punishable with fine which may extend to five thousand rupees.
(4) No compensation shall be admissible to any person for any damage which he
may sustain in consequence of the removal of any development under section 25 or the
discontinuance of the development under this section.
(5) The provisions of this section shall be in addition to and not in derogation of
other provision relating to stoppage of building operation con- tained in any other law for
the time being in force.
Power to stop
development
27. (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 the
commission of such offence.
Offences by
companies.
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
(2) Notwithstanding anything contained in sub-section (1) 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 butable 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 be liable to be proceeded against and
punished accordingly.
(3) Every company shall at such interval as may be prescribed file a state- ment,
with the Authority, specifying the name, designation and address of the person or
persons in charge of and responsible to such company for the con- duct of its affairs in
relation to matters provided under this Act.
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.
Fines when
realised to paid
to the Authority
28. All fines realised in connection with prosecutions under this Act shall be paid
and credited to the Authority.
Composition of ·
offences
29. (1) Any offence made punishable by or under this Act may either before or
after the institution of proceedings be compounded by the Au- thority or any officer
authorised by it in that behalf by general or special order on such terms including any
term, as regards, payment of composition fee, as such Authority or officer, may think
fit.
(2) Where an offence has been compounded, the offender, if in custody, shall be
discharged and no further proceedings shall be taken against him in respect of the
offence compounded.
Power of the
Authority to
provide amenity
or carry out
development at
the cost owner in
the event of his
de- fault and to
levy cess in
certain cases.
30. (1) If the Authority is satisfied that any amenity has not been pro- vided but
which ought to be provided or that any development of the land for which permission,
approval or sanction had been obtained under this Act or under any law in force before
the commencement of this Act has not been carried out, it may after affording the
owner of the land or the person providing or responsible for providing the amenity a
reasonable opportunity to show cause, by order require him to provide the amenity or
carry out the development within such time as may be specified in the order.
(2) If any amenity is not provided or any such development is not carried out
within the time specified in the order, then the Authority may itself provide the amenity
or carry out the development or have it provided or carried out through such agency as
it deems fit:
Provided that before taking any action under this sub-section, the Autho- rity shall
afford a reasonable opportunity to the owner of the land or to the person providing or
responsible for providing the amenity to show cause as to why such action should not
be taken.
(3) All expenses incurred by the Authority or the agency employed by it in
providing the amenity or carrying out the development together with interest at such
rate, as the State Government may, by order fix from the date when a demand for the
expenses is made until payment may be recovered by the Au- thority from the owner or
the person providing or responsible for providing the amenity as arrears of land
revenue, and no suit shall lie in the Civil Court for recovery of such expenses.
(4) The expenses incurred by the Authority or the agency employed by it under
this section shall be certified by such Authority and such certificate shall be final.
Power of
Authority to re-
quire local auth-
ority to assume
responsibilities
in certain cases
31. Where any area has been developed by the Authority, the Authority, may
require the local authority within whose local limits the area so developed is situated, to
assume responsibility for the maintenance of the amenities which have been provided
in the area by the Authority and for the provisions of the amenities which have not
been provided by the Authority but which in its opinion should be provided in the area,
on terms and conditions agreed upon between the Authority and that local authority,
and where such terms and conditions can not be agreed upon, then on a reference of
the matter to the State Government by the Authority on terms and conditions settled by
the State Government in consultation with the local authority.
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
32. Where in the opinion of the Authority, as a consequence of any
development scheme having been executed by it in any special development area,
the value of any property in that area which has been benefited by the develop- ment,
has increased or will increase, such Authority shall be entitled to levy in such manner
as may be prescribed upon the owner of the property or any person having an interest
therein a betterment charge at such rate as may be prescri- bed in respect of the
increase in value of the property resulting from the execution of the development :
Provided that no betterment charge shall be levied in respect of lands owned by
Government:
Provided further that where any land belonging to Government has been
grauted by way of lease or licence by Government to any person, then that land and
any building situate thereon shall be subject to a betterment charge under this section.
Betterment
charge
33. (1) The betterment charge levied under this Act shall be pay. able in such
number of instalments, and each instalment shall be payable at such time and in such
manner as may be fixed by regulations made in that behalf.
(2) Any arrear of betterment charge shall be recoverable as an arrear of land
revenue,
Payment of
betterment
charge
34. (1) The duty imposed by the Indian Stamp Act, 1899, on any deed of
transfer of immovable property shall, in the case of an immovable property situated
within a special development area, be increased by two per cent on the amount or
value of the consideration with reference to which the duty is calcu- lated under the
said Act:
Provided that the State Government may, by notification, enhance the
aforementioned percentage of the increase in stamp duty up-to five.
(2) All collections resulting from the said increase shall, after deduction of
incidental expenses, if any, be allocated and paid by the State Government to the
Authority in such manner and in accordance with such principles as the State
Government may, by notification, specify.
(3) For purposes of this section, section 27 of the Indian Stamp Act, 1899, shall
be read as if it specifically required the particulars feferred to therein to be separately
set forth in respect of property within the area subject to the jurisdi- ction of the
Authority.
(4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899
shall be so read and construed as if it referred to the Authority as well as to the State
Government.
Additional stamp
duty on certain
transfers of
property
35. (1) Subject to any limitations imposed by Parliament by law relating to
mineral development, the Authority may impose a cess on mineral rights at such rate
as may be prescribed..
(2). Any cess imposed under this section shall be subject to confirmation by the
State Government and shall be leviable with effect from such date as may be
appointed by the State Government in this behalf.
Cess on mineral
rights
36. Notwithstanding anything contained in any other law for the time being in
force, there may be levied by the Authority, with the previous sanction of the State
Government, cess at a rate, not exceeding ten paise per kwt, on the consumption or
sale of electricity in the special development area.
Power to levy
charge on the
consumption of
sale of electricity
37. Any money certified by the Authority as due to it on account of fees or
charge, or from the disposal of lands, buildings or other properties, movable or
immovable or by way of rents and profits may, if the recovery thereof is not ex- pressly
provided for in any other provision of this Act, be recovered by. such Authority as
arrears of land revenue, and no suit shall lie in the Civil Court for recovery of such
money.
Mode of recovery
of moneys due to
the Authority
38. (1) The Authority shall carry out to such directions as may be issued to it
from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its
functions by the Authority under this Act any dispute arises bet- ween such Authority
and the State Government the decision of the State Government on such dispute shall
be final.
Control-by State
Govern- ment
mÙkj çns'k vlkèkkj.k xtV] 19 ekpZ] 1986
(3) The State Government may, at any time either on its own motion of on
application made to it in this behalf call for the records of any case disposed of or order
passed by the Authority or any officer authorised by it to perform any function under this
Act for the purpose of satisfying itself as to the legality or propriety of any order passed or
direction issued and may subject to any order passed by the Commissioner of the
division under sub-section (3) or sub-section (5) of section 25, 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.
(4) Every order of the State Government made in exercise of the powers conferred
by this Act shall be final and shall not be called in question in any Court.
Returns and
inspections
39. (1) The Authority shall furnish to the State Government such reports, returns and
other information as that Government may, from time to time- require.
(2) The State Government may give such directions on such reports, returns and
other information, as it thinks fit, and it shall be the duty of the Authority to carry out such
directions.
Power of State
Government to
sive directions
40. (1) In the discharge of their duties the Authority and its officers and other
servants shall be bound by such. directions on matters of policy as may be given to them
by the State Government.
(2) If any dispute arises between the State Government and the Authority as to
whether a question is or is not a question of policy, the decision of the State Government
shall be final.
Delegation of
powers
41. (1) The State Government may, by notification, delegate to any officer or
authority subordinateExcerpt shown. Open the full act in Lexace.