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The UTTAR PRADESH TAJ ECONOMIC ZONE DEVELOPMENT AUTHORITY ACT, 2002

Uttar Pradesh · state statute
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THE UTTAR PRADESH TAJ ECONOMIC ZONE DEVELOPMENT 
AUTORITY ACT, 20021 
 (U.P. Act no. 13 of 2002) 
[As passed by the Uttar Pradesh Legislature and  assented 
to by the Governor on September 9, 2002 and  published in U.P. 
Gazette Extraordinary, dated September 10, 2002] 
AN 
ACT 
to provide for the constitution of an Authority for the 
development of certain areas in the State into indust rial an d 
urban economic zone and for the matters connected therewith.  
IT I S H EREBY enacted in the Fifty -third Year of the 
Republic of India as follows:- 
Short title and 
Commencement 
1. (1) This Act may be called the Uttar Pradesh Taj Econimic
Zone Development Authority Act, 2002. 
(2) It shall be deemed to have come into force on July 4, 
2002. 
Definitions 2. In this Act ,–
(a) "amenities" means basic and essential services such 
as roads, water supply, street lighting and power supply, 
sewerage, drainage, collection, treatment and disposal of 
industrial waste and town refuse and such other community 
facilities, services or conveniences as the State Government 
may, by notification, specify to be an amenity for the 
purposes of this Act; 
(b) "Authority" means the Authority constituted under 
section 3; 
(c) "Chief ExecutiveOfficer" mean s the officer appointed 
as such under section 4;  
(d) "Taj Econimic Zone" means the area declared as such 
by the State Government by notification; 
(e) "occupier" means a person who occupies a site or 
building within the Taj Economic Zone and includes his 
successors and assigns; 
(f) "transferee" means a person to whom any land or 
building is transferred in any manner whatsoever, under this 
Act and includes his successors and assigns; 
(g) "infrastructural facilities" includes the following 
specialized services, namely :– 
(i) generation and supply of electricity ; 
(ii) water extraction, treatment and distribution; 
1. For SOR please see at the end of this Gazette.
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002] 
(iii) waste water treatment and solid waste 
management; 
(iv) sanitation and sewerage system; 
(v) airport and rail system; 
(vi) roads, bridges, over-bridges ; and 
(vii) any other public facility of similar nature as may 
be notified by the Government; and 
(h) the words and expressions "building", "development", 
"to erect a building" and "land" shall have the meanings 
respectively assigned to them in the Uttar Pradesh Urban 
Planning and Development Act, 1973. 
Constitution 
of the 
Authority 
3. (1) The State Government may, by notification constitute,
for the purposes of this Act, an Authority to be called the "Taj 
Economic Zone Development Authority". 
(2) The Authority shall be a body corporate. 
(3) The Authority shall consist of the following :– 
 (a) the Chief Sec retary to the 
Government of Uttar Pradesh 
Chairman 
(b) the Secretary to the State 
Government in the Civil Aviation 
Department 
Vice-Chairman 
(c) the Agricultural Production 
Commissioner 
Member 
(d) industrial Development 
Commissioner 
Member 
(e) the Secretary to the State 
Government in the Finance 
Department 
Member 
(f) the Secretary to the State 
Government in the Industrial 
Development Departmet 
Member 
(g) the Secrretary to the State 
Government in the Agriculture 
Department 
Member 
(h) the Secretary to the State 
Government in the Food Processing 
Industry Department 
Member 
(i) Secretary to the State 
Government in the Agricultural 
Industry and Agricultural Export 
Promotion Department 
Member 
(j) the Secrretary to the 
Government in the Small Scale 
Industries Department 
Member 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
(k) the Secretary to the 
Government in the Planning 
Department 
Member 
(l) the Secretary to the State 
Government in the Housing 
Department 
Member 
(m) the Chief Executive Officer, 
Noida 
Member 
(n) the Chief Executive Officer, 
Greater Noida 
Member 
(o) the Chief Disinvestment 
Commissioner 
Member 
(p) the Chief Executive Officer Member-Secretary 
Explanation :– For the purposes of this sub -section, the 
expression "the Secretary", where there is a Principal Secretary in 
the Department, shall mean "the Principal Secretary." 
(4) The headquarters of the Authority shall be at such place 
as may be notified by the State Government. 
(5) The procedure to the conduct of the meetings for the 
Authority shall be such as may be prescribed. 
(6) No act or proceeding of the Authority shall be invalid by 
reason only of the existence of any vacancy or defect in the 
consititution thereof. 
Chief 
Executive 
Officer 
4. (1) The Chief Executive Officer of the Authority shall be
appointed by the State Government and he shall be a whole -time 
officer of the Authority. 
(2) The Chief Executive Officer shall be entitled to receive, 
from the funds of the Authority, such salary and allowances and 
be governed by such conditions of service as may be determined 
by a general order of the State Government in this behalf. 
(3) The Chief Executive Officer shall exercise such powers 
and perform such duties as may be specified in the regulations or 
as may be delegated to him by the Authority. 
Staff of the 
Authority 
5. (1) Subject to such control and restrictions as may b e
determined by a general or special order of the State Government, 
the Authority may appoint such number of officers and employees 
as may be necessary for the performance of its functions, and may 
determine their grades and designations. 
(2) Subject to the provisions of sub -section (1) the officers 
and employees of the Authority shall be entitled to receive from the 
funds of the Authority such salaries and allowances and shall be 
governed by such other conditions of service as may be determined 
by the Authority. 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
Functions of 
the Authority 
6. (1) The function of the Authority shall be to secure the
planned development of the Taj Economic Zone. 
(2) Without Prejudice to the generality of sub-section (1), the 
Authority shall perform the following functions :– 
(a) to acquire land in the Taj Economic Zone, by 
agreement or through proceedings under the Land 
Acquisition Act, 1894 for the purpose of this Act; 
(b) to prepare a plan for the development of the Taj 
Economic Zone; 
(c) to prepare Techno -Economic Feasibility Report or as 
the case may be, detailed project report for any project 
considered to be necessary for the development of the Zone 
and take measures to invite private investments for such 
project and ensure its implementation; 
(d) to co -ordinate with other departments and ensure 
timely implementation of projects and plans prepared by it; 
(e) to enter into suitable joint venture arrangement for 
development of different components of Taj Economic Zone 
including subsequent transfer of ownership of the project to 
the joint venture partner; 
(f) to demarcate and develop sites for industrial, 
commercial and residential purposes according to the plan; 
(g) to pro vide infrastructure for industri al, commercial 
and residential purposes; 
(h) to lay down the purpose for which a particula r site or 
plot of land shall be used, namely, for industrial, 
commercial or residential purpose or for any other specified 
purpose; 
(i) to provide amenities; 
(j) to allocate and transfer either by way of sale of lease 
or otherwise plots of land for industrial, commercial or 
residential purposes; 
(k) to regulate the erection of buildings and setting up of 
industries; 
 (l) to develop, construct, install, operate, manage and 
maintain infrastructural facilities for providing specialised 
services itself or through any other person authorised by 
the Authority in this behalf; 
(m) to resolve disputes of commercial nature between 
the agencies providing services and consumers thereof 
within the territorial jurisdiction of the Authority; and 
(n) to any other function that may be notified by the 
Government. 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
Power of the 
Authority in 
respect of 
transfer of 
land 
7. The Authority may sell, lease or otherwise transfer
whether by auction, allotment or otherwise any land or building 
belonging to the authority in the Taj Economic Zone on such terms 
and conditions as it may think fit to impose subject to any rules or 
regulations that may be made under this Act. 
Power to issue 
directions in 
respect of 
erection of 
buildings 
8. (1) For the purpose of proper planning and development
of Taj Economic Zone, the Authority may issu e such directions as 
it may consider necessary, regarding – 
(a) architectural features of the elevation or frontage of 
any building; 
(b) the alignment of buildings on any site; 
(c) the restrictions and conditions in regard to open 
spaces to be maintained in and around buildings and 
height and character of buildings; 
(d) the number of residential buildings that may be 
erected on any site; 
(e) regulation of erec tion of shops, workshops, 
warehouses factories or buildings; 
(f) maintenance of height and position of walls, fences, 
hedges or any other structure or architectural 
constructions; 
(g) maintenance of amenities; 
(h) restriction of use of any site for a  purpose other than 
that for which it has been allocated; and 
(i) the means to be provided for proper – 
(i) drainage of waste water; 
(ii) disposal of industrial waste; and 
(iii) disposal of town refuse. 
(2) Every transferee shall comply w ith the direction issued 
under sub-section (1) and shall as expeditiously as possible erect 
any building or take such other steps as may be necessary to 
comply with such directions. 
Ban on 
erection of 
buildings in 
contravention 
of regulations 
9. (1) No person shall erect or occupy any building in th e
Taj Economic Zone in contravention of any building regulation 
made sub-section (2). 
(2) The Authority may be notification and with the prior 
approval of the State Government make regulations to regulate the 
erection of building and such regulations may provide for all or 
any of the following matters, namely :– 
(a) the materials to b e used for external and partition 
walls, roofs, floors and other parts of a building and their 
position or location or the method of construction; 
(b) lay out plan of the building whether industrial, 
commercial or residential; 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
(c) the height and slope of the roofs and floors of any 
building which is intended to be used for residential or 
cooking purposes; 
(d) the ventilation in, or the space to be left about any 
building or part thereof to secure circulation of air or for 
the prevention of fire; 
(e) the number and height of the storeys of any 
building; 
(f) the means to be provided for the ingress to and 
egress form any building; 
(g) the minimum dimensions of rooms intended for 
use as living rooms or sleeping rooms and the provision 
of ventilation; 
(h) any other matter in furtherance of the proper 
regulation of erection, completion and occupation of 
buildings; and 
(i) the certificates necessary and incidental to the 
submission of plans, amended plans and com pletion 
reports. 
Power to require 
proper 
maintenance of 
site or building 
10. If it appears to the authority that the condition or use
of any site or building is prejudicially affecting or is likely to 
affect the proper planning of, or the amenities in, any part of the 
Taj Economic Zone or the interests of the general public there, it 
may serve on the transferee or occupier of that site or build ing a 
notice requiring him to take such steps and measures 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 or occupier fails to take 
such steps or  measures or to maintain it thereafter the 
Authority may itself take such steps or measures or maintain it, 
and realize the cost incurred on it from such transferee or 
occupier. 
Levy of tax 11. (1) For the purposes of providing, maintaining o r
continuing any amenity in the Taj Economic Zone, the Authority 
may, with the previous approval of the State Government, levy 
such annual taxes as it may consider necessary in respect of 
any site or building on the oc cupier thereof, provided that the 
total incidence of such taxes shall not exceed one per cent of the 
market value of such site, or building, as the case may be,– 
Explanation :– For the purposes of this sub -section, the 
expression 'market value' means, the amount of – 
(a) consideration, in the case of sale; or 
(b) premium, in the case of lease; or 
(c) the minimum value determined in accordance with 
the Uttar Pradesh Stamp (Valuation of Property) Rules, 
1997 made under the Indian Stamp Act 1899,  whichever 
is more. 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
(2) If, the State Government considers it necessary or 
expedient in the public interest it may, by a general or special 
order, exempt wholly or partly any occupier or any class thereof 
from the taxes levied under sub-section (1). 
Provision for 
infrastructural 
facilities 
12. (1) The Authority may provide any infrastructural
facility of its own or may engage a Government or private agency 
in the manner prescribed for the purposes of providing an 
infrastructural facility. 
(2) Where any infrastructural facility is provided, the 
Authority shall have the power to levy user -charges for the 
service so provided. 
(3) The rates of the user -charges referred to in sub -
section (2) shall be fixed for different categories of the users by 
the Authority, so however, that it ensures an annual return  not 
exceeding sixteen per cent post -
tax return on the capital 
investment made in providing the infrastructural facility. 
(4) The Authority may delegate the power of collection of 
the user- charges to the agency providing the infrastructural 
facility. 
Explanation :– For the purposes of this section,– 
(1) the expression "provide" includes development, 
construction, installation, maintenance and operation of the 
infrastructural facility; 
(2) the expression "post -tax return" means the net return 
that accrues after payment of the income tax that may be found 
to be payable on the gross return. 
Application of 
certain 
provisions of 
President's  
Act 11 of 1973 
13. The provisions of Chapter VII and Sections 30, 32,
40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58 of the Uttar 
Pradesh Urban Planning and Development Act, 1973, as re -
enacted and modified by the Uttar Pradesh President's Act (Re-
enactment with Modification) Act, 1974, shall mutatis mutandis 
apply to the Authority with the adaptation that – 
(a) any reference to the aforesaid Act shall be deemed 
to be a reference to this Act; 
(b) any reference to the Authority constituted under 
the aforesaid Act shall be deemed to be a reference to the 
Authority constituted under this Act; and 
(c) any reference to the Vice -Chairman of the 
Authority shall be deemed to be a reference to the Chief 
Executive Officer. 
Imposition of 
penalty and 
mode of recovery 
of arrears 
14. Where any transferee makes any default in the
payment of any consideration money or instalment thereof or 
any other amount due on account of the transfer of any site or 
building by the Authority or any rent due to the Authority in 
respect of any lease, or where any transferee or occupier makes  
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
any default in the payment of any fee or tax levied under this 
Act, the Chief Executive officer may direct that in addition to the 
amount of arrears, a further sum not exceeding that amount 
shall be recovered from the transferee or occupier, as the case 
may be, by way of penalty. 
Forfeiture for 
breach of 
conditions of 
transfer 
15. (1) In the case of non -payment of consideration
money or any instalment thereof on account of the transfer by 
the Authority of any site or building or in the case of any breach 
of any condition  of such transfer, or breach of any rules or 
regulations made under this Act, the Chief Executive Officer may 
resume the site or building so transferred and may further 
forfeit the whole or any part of the money, if any, paid in respect 
thereof. 
(2) Where the Chief Executive Officer orders resumption 
of any site or building under sub -section (1) th e Collector may 
on his requisition cause possession thereof to be deli vered to 
him and may for that purpose use or cause to be used such 
force as may be necessary. 
Penalty 16. Any person who Contravenes any of the provisions of
this Act, or rules or regulations made thereunder or any 
directions issued under section 8, shall, on conviction, be 
punished with fine which may extend to five thousand rupees 
and in the  case of continuing offence with further fine which 
may extend to one hundred rupees for every day during which 
such offence continues after conviction for the first commission 
of the offence. 
Powers of entry 
etc. 
17. The Chief Executive Officer may authorize any person
to enter into or open any land or building with or without 
assistance, for all or any of the following purposes, namely :– 
(a) to make an inquiry, inspection, measurement or 
survey or to take levels of such land or building; 
(b) to examine works under construct ion or to 
ascertain the course of sewers or drains; 
(c) to ascertain whether any building is being or has 
been erected or re- erected without sanction or in 
contravention of any sanction given under this Act or the 
rules and regulations made thereunder and to take such 
measurements and do any such other act as may be 
necessary for such purpose; 
(d) to do any 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 
reasonale notice to the occupier, or if there be no 
occupier, the owner of the land or building; 
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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
(ii) sufficient opportunity shall in every instance be 
given to enable women, if any, to withdraw from such 
land or building; and 
(iii) due regard shall always be had, so for as may 
be compatible with the exigencies of the purpose for 
which the entry is made, to the social and religious 
usages of the occupants of the land or building 
entered. 
Over riding 
effect of the Act 
18. The area being declared Taj Economic Zone under
this Act, such area, if included in the master plan or the zonal 
development plan under the Uttar Pradesh Urban Planning and 
Development Act, 1973, or any other development plan under 
any other Uttar Pradesh Act, shall, with effect from the date of 
such declaration, be deemed to be excluded from any such plan. 
Power to make 
rules 
19. The State Government may, by notification, make
rules for carrying out the purposes of this Act. 
Power to make 
regulation 
20. (1) The Authority ma y, with the previous approval of
the State Government, make regulations' not inconsistent with 
the provisions of this Act or the rules made thereunder for the 
administration of the affair of the Authority. 
(2) In particular, and without prejudice to the generality 
of the foregoing  power, such regulation may provi de for all or 
any of the following matters, namely,– 
(a) the summoning and holding of meetings of the 
Authority, the time and place where such meetings are  to 
be held, the conduct of bus iness at such meetings, and 
the nmber of members necessary to form a  quorum 
thereat; 
(b) the powers and duties of the Chief Executive 
Officer; 
(c) the form of register of applications for permission to 
erect a building; 
(d) the management of properties of the Authority; 
(e) fees to be levied in the discharge of its functions; 
(f) charges to be collected by any person for providing 
any infrastructural facility; 
(g) such other matters as are to be provided for in the 
regulations. 
U. P. Ordinance 
no. 11 of 2002 
21. (1) The Uttar Pradesh Taj Economic Zon e
Development Authority Ordinance, 2002 is hereby 
repealed. 
Repeal and 
Saving 
(2) Notwithstand ing such repeal, anything 
done or any action taken under the provisions of 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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[The Uttar Pradesh Taj Economic Zone Development Authority Act, 2002]
STATEMENT OF OBJECTS AND REASONS 
On the recommendation of the Economic Development Committee of the 
Council of Minister it was decided to make a law to procide for the constitution of 
an Authority for the Taj Economic Zone with a view to developing certain areas in 
the State into industrial and urban economic zone. 
Since the State Lagislature was not in session and immediate legislative 
action was necessary to implement the aforesaid decision, the Uttar Pradesh Taj 
Economic Zone Development Authority Ordinance, 2002 (U.P. Ordinance no. 11 of 
2002) was promulgated by the Governor on July 4, 2002. 
This Bill is introduced to replace the aforesaid Ordinance. 
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