LexThe UTTAR PRADESH STATE CAPITAL REGION AND OTHER REGIONS DEVELOPMENT AUTHORITY ACT, 2024
Uttar Pradesh · state statute
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No. 337(2)/LXXIX-V-1–2024-1-ka-7-2024
Dated Lucknow, August 6, 2024
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 Rajya
Rajdhani Kshetra aur Anya Kshetra Vikas Pradhikaran Adhiniyam, 2024 (Uttar Pradesh Adhiniyam
Sankhya 6 of 2024) as passed by the Uttar Pradesh Legislature and assented to by the Governor on
August 6, 2024. The Awas evam Shahri Niyojan Anubhag-3 is administratively concerned with the said
Adhiniyam.
THE UTTAR PRADESH STATE CAPITAL REGION AND OTHER REGIONS
DEVELOPMENT AUTHORITY ACT, 2024
(U.P. Act No. 6 Of 2024)
[As passed by the Uttar Pradesh Legislature]
AN
ACT
to provide for the establishment of Uttar Pradesh State Capital Regional
Development Authority and other Regional Development Authority for the preparation
of Regional Plan for the development of the Uttar Pradesh State Capital Region and
other regions of the State for the purpose of coordinating and supervising the proper,
orderly and rapid development of the areas in that Region and of executing plans,
projects and schemes for such development, and to provide for matters connected
therewith or incidental thereto.
WHEREAS it is expedient in the public interest to provide for the establishment
of Uttar Pradesh State Capital Regional Development Authority and other Regional
Development Authority for the preparation of Regional Plan for the development of
such Region and for the purpose of coordinating and supervising the proper, orderly and
rapid development of the areas in that Region and of executing plans, projects and
schemes for such development, and to provide for matters connected therewith or
incidental thereto;
IT IS HEREBY enacted in Seventy fifth year of the Republic of India follows :-
CHAPTER-I
Preliminary
1. (1) This Act may be called the Uttar Pradesh State Capital Region and
other Regions Development Authority Act, 2024 .
Short title,
extent and
commencement
(2) It shall extend to the Uttar Pradesh State Capital Region and other Regions
as notified by the Government.
(3) It shall be deemed to have come into force with effect from the 7th day of
March, 2024.
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Definitions 2. In this Act, unless there is anything repugnant in the subject or the context,—
(a) 'Agriculture' includes horticulture, poultry farming, the raising of
crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of
livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and
keeping of bees, the use of land for grazing cattle and for any purpose which is
ancillary to its cultivation or other agricultural purpose but does not include the
use of land as a garden which is an appendage to a building and the expression
"agricultural" shall be construed accordingly;
(b) ‘Amenity’ includes roads, bridges, any other means of communication,
transport, supply of water and electricity, any other source of energy, street
lighting, drainage, sewerage and conservancy, and any other convenience as the
State Government in consultation with Authority, may from time to time, by
notification in the official Gazette, specify to be amenity for the purposes of
this Act ;
(c) ‘Authority’ means the Uttar Pradesh State Capital Region
Development Authority or Regional Development Authority constituted under
sub-section (1) of section 4 ;
(d) ‘Committee’ means the Executive Committee constituted under sub-
section (1) of section 5;
(e) ‘Development’, with its grammatical variations, means the carrying out
of building , engineering, mining or other operations in, or over, or under any
land (including land under river, lake or any other water) or the making of any
material change in any building of land, or in the use of any building or land and
includes redevelopment and layout and sub-divisions of any land and also the
provisions of amenities and projects and schemes for development of industrial,
agriculture, horticulture, floriculture, forestry, dairy development, poultry,
farming, piggery, cattle breeding, fisheries and other similar activities and the
words ‘to develop' shall be construed accordingly;
(f) ‘Development authority’ means,-
(i) an authority constituted under section 4 of the Uttar
Pradesh Urban Planning and Development Act, 1973 (President's Act
no. 11 of 1973) ;
(ii) an authority constituted under section 4 of the Uttar Pradesh
Special Area Development Authority Act, 1986 (U.P. Act no. 9 of
1986) ;
(iii) a Controlling Authority constituted under section 4 of the
Uttar Pradesh (Regulation of Building Operations) Act, 1958 (U.P.
Act no. 34 of 1958) ;
(g) ‘Development Scheme’ means a scheme to implement one or more
elements of the Functional Plan or Regional Plan ;
(h) ‘Functional Plan’ means a plan prepared to elaborate one or more
elements of the Regional Plan ;
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(i) 'Government' means the State Government of Uttar Pradesh ;
(j) 'Land' includes benefits to arise out of land and things attached to the
earth or permanently fastened to anything attached to the earth;
(k) 'Local Authority' means ,-
(i) a Municipal Corporation constituted under the Uttar Pradesh
Municipal Corporation Act, 1959 (U.P. Act no. 2 of 1959) ;
(ii) a Nagar Palika Parishad or Nagar Panchayat constituted under
the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. 2 of 1916) ;
(iii) a Kshetra Panchayat or Zila Panchayat constituted under the
Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (U.P.
Act no. 33 of 1961); or
(iv) a Authority constituted under the Uttar Pradesh Industrial area
Development Act, 1976 (U.P. Act no.6 of 1976);
(v) any local authority constituted under any law by the Government.
(l) 'Master Plan' means a master plan prepared by development authorities
in accordance with the provisions of their respective Acts for the development of
land within their jurisdiction;
(m) 'Prescribed' means prescribed by rules made under this Act;
(n) ‘Project Plan’ means a detailed plan prepared to implement one or more
elements of the Regional Plan, District Plan, Functional Plan, Master Plan,
Development scheme , as the case may be;
(o) 'Regional Plan' means plan prepared under the provisions of this Act, for
the development or re-development of Region as defined in this Act, or for any part
thereof and includes a draft or final plan prepared for the said region or any part
thereof;
(p) ‘Regulations’ means regulations made by the Authority under this Act;
(q) 'Rules' means rules made by the Government under this Act;
(r) ‘Sub-Region‘ means such part of the region as falls entirely within the
limits of a particular development authority or local bodies ;
(s) ‘Uttar Pradesh State Capital Region’ or ‘Other Region’ means the area
notified by the Government under section 3 .
CHAPTER-II
State Capital Region And Other Regions
3. (1) The Government may establish a State Capital Region comprising of such
area in and around State capital as it may determine by notification and other
Regions comprising of such other area in the State as it may determine by notification by
defining their limits and such regions shall be a Region for the purposes of this Act, and
may name and alter the name of any such Region. In any case, where any Region is re-
named, then all references in any law or instrument or other document to the Region shall
be deemed to be a reference to the Region as re-named, unless expressly otherwise
provided or unless the context so requires. Lucknow shall be the headquarter of the State
Capital Region whereas, headquarters of other regions shall be determined by the
Government.
Establishment of
State Capital
Region and
other Regions
and alteration of
their limits
(2) The Government may, by notification in the Official Gazette , -
(a) alter the limits of a Region, so as to include therein or to
exclude therefrom such area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
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(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall
cease to be a Region or part thereof.
CHAPTER-III
The Uttar Pradesh State Capital Region/Other Region Development Authority
Constitution and
incorporation of
the Authority
4. (1) The Government may, by notification in the Official Gazette, constitute
for the purposes of this Act a Development Authority known as Uttar Pradesh State
Capital Region Development Authority for State Capital Region and Regional
Development Authority for other regions.
(2) The Authority shall be a body corporate, by the name aforesaid, having
perpetual succession and a common seal with power, subject to the provisions of this Act,
to acquire, hold and dispose the property, both movable and immovable, and to contract
and sue or be sued by its corporate name aforesaid.
(3) The Authority shall consist of such number of members as may be prescribed,
and unless the rules made in this behalf otherwise provide, the Authority shall consist of
the following members, namely:-
(a) The Chief Minister to be Chairman of the Authority;
(b) The Chief Secretary to Government as Vice-Chairman;
(c) The Additional Chief Secretary/Principal Secretary/Secretary to the
Department of Housing and Urban Planning as member and convener of the
Authority;
(d) The Additional Chief Secretary/Principal Secretary/Secretary to the
Departments of Finance, Law, Revenue, Planning, Urban Development, Industrial
and Infrastructure Development, Namami Gange, Public Works Department,
Tourism, Forest, Rural Development, Panchayati Raj, Agriculture, Irrigation and
Transport, ex-officio;
(e) The Divisional Commissioner having their headquarter in the region;
(f) The District Magistrates having their headquarter in the region;
(g) The Vice Chairman of the concerned development authorities
functioning in the whole or part of the Region;
(h) The Chief Town and Country Planner, Uttar Pradesh, ex-officio;
(i) such number of expert persons , not exceeding five , appointed by the
Government who in the opinion of the Government have special knowledge or
practical experience of matters relating to urban and regional development,
engineering, transport, industry and environment;
(j) The Managing Director, or their representatives, of Uttar Pradesh Metro
Rail Corporation or any other transit authority by whatever name they are known;
(k) The Representatives of Railways and Defence nominated by
Government of India;
(l) There shall be a Chief Executive Officer nominated by the Government
not below the rank of Principal Secretary to the Government. Unless nominated
otherwise by the Government, Additional Chief Secretary, Housing and Urban
Planning Department will be the Chief Executive Officer.
Chief Executive Officer shall perform such functions and exercise
such powers as assigned by the Authority;
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(m) The Member Secretary to the Regional Development Authority.
(4) No Act or proceeding of the Authority or of any Committee or other body
thereof shall be deemed to be invalid at any time merely on the ground that,-
(a) any of the members of the Authority or its Committee or body are not
duly elected, nominated or appointed or for any other reason are not available to
take office at the time of the constitution or any meeting of the Authority or of its
Committee or body or there is any defect in the constitution thereof, or any person
is a member in more than one capacity or there are one or more vacancies in the
offices of any such member ;
(b) there is any irregularity in the procedure of the Authority or such
Committee or Body, affecting the merits of the matter under consideration.
(5) The Authority shall meet at least once in three months, at such place and time
as the Chairman may decide; and observe such rules of procedure in regard to the
transaction of business at its meetings (including the quorum there at) as may be laid down
by regulations.
(6) The Authority may utilize the services of following institutions/ organizations
in discharging preparation of plans and development of infrastructure:-
(a) Development Authorities constituted under the Uttar Pradesh Urban
Planning and Development Act, 1973 (President's Act no. 11 of 1973), the Uttar
Pradesh Special Area Development Authorities Act, 1986 (U.P. Act no. 9 of 1986)
and the controlling authorities constituted under the Uttar Pradesh (Regulations of
Building Operations) Act, 1958 (U.P. Act no. 34 of 1958) ;
(b) All Municipal bodies falling under such region;
(c) Other Government and Semi-Government departments, as the case
may be:
Provided that Authority may, by a resolution add any other institutions/
organizations as the case may be, and delegate to them powers.
5. (1) The Authority shall as soon as may be, after the commencement of this Act,
constitute a Committee, to be called the Executive Committee for assisting the Authority in
the discharge of its functions.
Composition
of the
Executive
Committee
(2) The Executive Committee shall consist of such members as may be prescribed
and unless the rules made in this behalf otherwise provide, the Committee shall consist of
the following members, namely:-
(a) The Chief Executive Officer of the Authority shall be the Chairman of
the Executive Committee;
(b) The representative of Urban Development Department not below the
rank of Secretary to the State Government;
(c) The Managing Director of Uttar Pradesh Metro Rail Corporation;
(d) The representative of Public Works Department not below the rank of
Chief Engineer;
(e) The representative of Infrastructure and Industrial Development, Rural
Development, Transport, and Panchayati Raj Department not below the rank of
Special Secretary;
(f) The representative of Town and Country Planning Department not
below the rank of Senior Town Planner;
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(g) All Vice-Chairman of Development Authorities falling under the
region;
(h) The Director, Local Bodies, Uttar Pradesh;
(i) The Chief Development Officers having their headquarter in the region;
(j) The Municipal Commissioners of the Municipal Corporations falling
under the region;
(k) The Member Secretary of the Authority as member and convenor of
the Executive Committee;
(l) One member who is expert in the field of urban planning and
development to be appointed by the Government.
(3) The Executive Committee shall meet at such place and at such time as may
be determined by its Chairman, and shall observe such rules of procedure as it may
determine or frame in this regard.
Co-opting persons
as members of
Authority or
Committee
6. (1) The Authority or the Committee may, at any time and for such period as
it thinks fit, co-opt any person or persons as a member or members of the Authority or of
the Committee.
(2) A person co-opted under sub-section (2) of section 5 shall exercise and
discharge all the powers and functions of a member of the Authority or of the
Committee, as the case may be, but shall not be entitled to vote.
Vacancies, etc. not
to invalidate
proceedings of the
Authority or the
Committee
7. No Act or proceeding of the Authority or the Committee shall be invalid
merely by reason of,-
(a) the existence of any vacancy in or any defect in the constitution of the
Authority or the Committee; or
(b) any irregularity in the procedure of the Authority or of the Committee not
affecting the merits of the case.
CHAPTER-IV
Function and Powers of The Authority And of The Executive Committee
8. The main object of the Authority shall be to secure the development of the
region according to the Regional Plan, and for that purpose the functions of the
Authority shall be, —
(a) to prepare the Regional Plan for the area under Region;
(b) to co-ordinate the preparation of Functional Plans, Master Plans,
Development Schemes and Project Plans in close coordination with concerned
Development Authority, Corporation, Local bodies, Panchayat and various
Government Departments;
(c) to ensure that infrastructure projects in the region in private sector
and public sector are in consonance with the regional plan;
(d) to arrange for and oversee the financing of selected development
projects in the region through Government fund and other sources of revenue;
and
(e) to perform any other duties or functions as are supplemental,
incidental or consequential to any of the foregoing duties, or as may be
mentioned by regulations .
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9. The powers of the Authority shall include the powers to, - Powers of
the Authority
(a) seek information from the Development Authorities, local bodies,
other local authorities and Departments of Government within region with regard
to preparation and implementation of Functional Plans and Development Schemes
and Project Plans;
(b) indicate the stages for the implementation of the Regional Plan;
(c) review the implementation of the Regional Plan, Functional Plan,
Development Schemes and Project Plan;
(d) select and approve comprehensive projects, call for priority
development and provide such assistance for the implementation of those projects
as the Authority may deem fit;
(e) give such directions to the local bodies, development authorities and
other State Government departments, which are essential for implementation of
objectives of regional plan;
(f) exercise the powers of Government for development authorities lying
within the region for declaration of development areas, and
approval/amendment/revision of master plan;
(g) entrust to the Executive Committee such other functions as it may
consider necessary to carry out the provisions of this Act.
10. (1) The functions of the Executive Committee shall be to assist the
Authority in,-
Function of the
Executive
Committee
(a) the preparation and coordinated implementation of the Regional Plan and
the Functional Plan;
(b) coordinate implementation of the Regional Plans and all Project Plans
to ensure that the same are in conformity with the Regional Plan;
(c) appointment of staff;
(d) planning and implementation of projects and schemes of the Authority,
including approval or rejection of such projects and schemes;
(e) approval or rejection of tenders for projects and schemes of the
Authority;
(f) investment of surplus money of Authority in any manner with approval
of Government;
(g) the institution, conduct and withdrawal of any legal proceedings on
behalf of the Authority.
(2) The Committee may also make such recommendation to the Authority as it
may think necessary to amend or modify any Functional Plan, Development Scheme or any
Project Plan.
(3) The Committee shall perform such other functions as may be entrusted to it
by the Authority.
(4) Subject to the general superintendence and control of the Authority, the
management of the affairs of the Authority shall vest in the Executive Committee.
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Officers and Staff 11. (1) The Government shall appoint an officer not below the rank of Secretary
to Government as full-time Member Secretary of the Authority who shall exercise all the
executive powers of the Authority and all officers and staff of the Authority shall work
under his administrative control.
(2) The Authority may appoint Deputy or Assistant Regional Development
Officers, Urban Planners, Engineers, Law Officer, Accounts Officer, and other officers
either on deputation or on appointment.
(3) The Authority may, from time to time, issue sanction for creation of posts of
officers and staff as may be necessary for the efficient performance of the functions of the
Authority. The conditions of recruitment, appointment and service and the powers and
duties of such officers and staff shall be such as may be prescribed.
Contents of the
Regional Plan 12. (1) The Regional Plan shall be a written statement and shall be accompanied
by such maps, diagrams, illustrations, and descriptive matters as the Authority may deem
appropriate for the purpose of explaining or illustrating the proposals contained in the
Regional Plan and every such map, diagram, illustration, and descriptive matter shall be
deemed to be a part of the Regional Plan.
(2) The Regional Plan shall indicate the manner in which the land in the region
shall be used, including green belts, urban forests and recreational areas whether by
carrying out development thereon or by conservation or otherwise and such other matters
as are likely to have any important influence on the development of Region and every such
Plan shall include the following elements needed to promote growth and balanced
development of the Region, namely:-
(a) the policy in relation to land use and the allocation of land for different
uses ;
(b) the proposals for major urban settlement pattern;
(c) the proposals for providing suitable economic base for future growth;
(d) the proposals regarding transport and communications including roads,
railways, waterways, metro rail, bus rapid transit system and arterial roads serving
the region;
(e) the proposals for the supply of drinking water, drainage and sewerage;
(f) indication of the areas which require immediate development as
"priority areas " ;
(g) regional plan proposals for industrial corridor and industrial park;
(h) such other matters as may be included by the Authority with the
concurrence of the Government and local authorities for the proper development of
the growth and balanced development of the region .
Surveys and
studies 13. For the preparation of the Regional Plan, the Authority may cause such
surveys and studies, as it may consider necessary to be made by such persons or group of
persons as it may appoint in this behalf and may also associate such experts or consultants
for carrying out studies in relation to such specific matters as may be determined by the
Authority.
Procedure to be
followed for the
preparation of
the Regional
Plan
14. (1) Before preparing any Regional Plan, finally, the Authority shall prepare
with the assistance of the Committee, a Regional Plan in draft and publish it by making a
copy thereof available for inspection and publishing a notice in such form and in such
manner as may be prescribed inviting objections and suggestions from any person with
respect to the draft Regional Plan before such date as may be specified in the notice.
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(2) The Authority shall also give reasonable opportunity to every local authority
within whose local limits any land touched by the Regional Plan is situated to make any
representation with respect to the draft Regional Plan.
(3) After considering all objections, suggestions and representations that may
have been received by the Authority, the Authority shall finally prepare the Regional Plan.
15. (1) Immediately after the Regional Plan has been finally prepared, the
Authority shall publish in such a manner as may be prescribed, a notice, stating that the
Regional Plan has been finally prepared by it and naming the places where a copy of the
Regional Plan may be inspected at all reasonable hours and upon the date of first
publications of the aforesaid notice, the Regional Plan shall come into operation.
Date of coming
into operation of
the Regional
Plan
(2) The publication of the Regional Plan, after previous publication, as required
by section 14, shall be conclusive proof that the Regional Plan has been duly prepared.
16. (1) The Authority may, subject to the provisions of sub-section (2) make such
amendment in the regional plan as finally prepared by it, as it may think fit, being
amendments which, in its opinion, do not effect important alterations in the character of the
Regional Plan and which do not relate to the extent of land-uses or the standard of
population density.
Amendment of
Regional Plan
(2) Before making any amendments in the finally prepared Regional Plan, the
Authority shall publish a notice, in such form and in such manner as may be prescribed,
indicating therein the amendments which are proposed to be made in the finally prepared
Regional Plan, and inviting objections and suggestions from any persons with respect to the
proposed amendments before such date as may be specified in the notice and shall consider
all objections and suggestions that may be received by it on or before the date so specified.
(3) Every amendment made under this section shall be published in such a
manner as the Authority may specify and the amendments shall come into operation either
on the date of such publication or on such later date as the Authority may fix.
(4) If any question arises whether the amendments proposed to be made are
amendments which effect important alterations in the character of the Regional Plan or
whether they relate to the extent of land use or the standard of population density, it shall be
decided by the Authority, whose decision thereon shall be final.
17. (1) After every ten years from the date of coming into operation of the finally
prepared Regional Plan, the Authority shall review such Regional Plan in its entirety and
may, after such review, substitute it by fresh Regional Plan or may make such amendments
or alterations therein, as may be found by it to be necessary.
Revision of
Regional Plan
(2) Where it is proposed to substitute a fresh Regional Plan in place of the
Regional Plan which was previously finally prepared or where it is proposed to make any
amendments or alterations in the finally prepared Regional Plan, such fresh Plan or, as the
case may be, amendments or alterations in the finally prepared Regional Plan, shall be
published and dealt with in the same manner as if it were the Regional Plan referred to in
section 14 and 15 or as they were the amendments or alterations in the Regional Plan made
under section 16 .
CHAPTER-V
Functional Plans, Project Plans, Development Scheme and Master Plans
18. After the Regional Plan has come into operation, the Authority may prepare as
many Functional Plans as may be necessary for the proper guidance of the other
authorities and local bodies concerned with their consultation.
Preparation of
Functional Plan
19. The Authority, by themselves or in collaboration with one or more of the
participating authorities and local bodies concerned, as the case may be, prepare Project
Plans for one or more elements of the Regional Plan and execution of such project plan
shall be undertaken by the Authority itself or shall be assigned to any suitable agency,
local body, development authority or a Government department by the Authority for
execution.
Preparation and
execution of the
Project Plans
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Preparation of
Development
Scheme Plans
20. The Authority, by themselves or in collaboration with one or more of the
participating authorities and local bodies concerned, as the case may be, formulate
development scheme for one or more elements of the Regional Plan or functional plan and
the Authority may either execute the scheme itself or assign execution to any suitable
agency, local body, development authority or a Government department.
Preparation of
Master Plan 21. Each development authority, local authority or local body concerned, as the
case may be, shall be responsible for preparing and implementing their Master Plan in
conformity with the Regional Plan.
CHAPTER -VI
Finance, Accounts and Audit
Funds of the
Authority 22. (1) Every Regional Development Authority shall have and maintain its own
fund to which shall be credited ,-
(a) all moneys received by the Regional Development Authority from the
Government by way of grants, loans, advances or otherwise;
(b) all moneys borrowed by the Regional Development Authority from
sources other than the Government by way of loans or debentures;
(c) all fees, tolls and charges received by the Regional Development
Authority under this Act;
(d) all moneys received by the Regional Development Authority from the
disposal of lands, buildings and other properties, movable and immovable; and
(e) all moneys received by the Regional Development Authority by way of
rents and profits or in any other manner or from any other source.
(2) The fund shall be applied towards meeting the expenses incurred by the
Regional Development Authority in the administration of this Act and for no other
purpose.
(3) Subject to any directions of the Government, the Regional Development
Authority may keep in current account of any Scheduled Bank such sum of money out of
its fund as it may think necessary for meeting its expected current requirements and invest
any surplus money in such manner as it thinks fit.
(4) The Government may, after due appropriation made by Legislature by law in
that behalf, make such grants, advances and loans to the Regional Development Authority
as the Government may deem necessary for the performance of the functions of the
Regional Development Authority under this Act and all grants, loans and advances made
shall be on such terms and conditions as the Government may determine.
(5) The Regional Development Authority may borrow money by way of loans or
debentures from such sources (other than the State Government) and on such terms and
conditions as may be approved by the Government.
(6) The Regional Development Authority shall maintain a sinking fund for the
repayment of moneys borrowed under sub-section (5) and shall pay every year into the
sinking fund such sum as may be sufficient for repayment within the period fixed of all
moneys so borrowed.
(7) The sinking fund or any part thereof shall be applied in, or towards, the
discharge of the loan for which such fund was created, and until such loan is wholly
discharged it shall not be applied for any other purpose.
Budget 23. The Regional Development Authority shall prepare in such form and at such
time every year , as the Government may prescribe, a budget in respect of the financial
year next ensuing, showing the estimated receipts, and expenditure of the Regional
Development Authority.
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24. (1) Every Regional Development Authority shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts including the
balance sheet in such form as the Government may prescribe.
Accounts and
Audit
(2) The accounts of every Regional Development Authority shall be subject to
audit annually by the Examiner, Local Fund Accounts :
Provided that in place of or in addition to the Examiner, Local Fund Accounts,
the Government may entrust the audit to the Accountant General, Uttar Pradesh or
Comptroller and Auditor General of India or to any other Auditor on such terms and
conditions, in such manner, for such period and at such times as may be agreed upon
between him and the Government.
(3) The rights, authority and privileges of any person conducting audit under sub-
section (2) shall,-
(a) in the case of Examiner, Local Fund Accounts, be the same as he has in
connection with the audit of the accounts of local authority;
(b) in the case of the Accountant General, Uttar Pradesh or as the case may
be, the Comptroller and Auditor General of India, be the same as he has in
connection with the audit of Government accounts, and
(c) in the case of any other auditor, be as prescribed; and, in particular, he
shall have the right to demand production of books, accounts, connected
vouchers, papers and other documents and to inspect the office of the Regional
Development Authority.
(4) The accounts of the Regional Development Authority, as certified by the
Auditor or any person appointed by him in that behalf, together with audit report thereon
shall be forwarded to the Government annually or at such times as may be directed by it.
The Government may issue such directions to the Regional Development Authority as it
may deem fit and the Regional Development Authority shall be bound to comply with
such directions.
(5) Any expenditure, incurred by the Auditor in connection with the audit shall be
payable by the Regional Development Authority to the auditor.
25. The Regional Development Authority shall prepare for every year a report
of its activities during that year and submit the report to the Government in such form and
on or before such date as the Government may prescribe and such report shall be laid
before both the Houses of the State Legislature.
Annual Report
26. (1) The Regional Development Authority may constitute for the benefit of
its whole-time paid members and of its officers and other employees in such manner and
subject to such conditions, as the Government may specify, such pension or provident
funds as it may deem fit.
Pension and
Provident
Funds
(2) Where any such person or provident fund has been constituted, the
Government may declare that the provisions of the Provident Funds Act, 1925 (Act no. 19
of 1925) shall apply to such fund as if it were Government Provident Fund.
27. The Authority shall be competent to give grants, advances or loans to, or to
share expenses with, any local authority or other authority in the State Capital region, for
any of the purposes of section 12, and notwithstanding anything contained in any law of
the State of Uttar Pradesh for the time being in force, but subject to the restrictions, if any,
contained therein, it shall be lawful for such other authority to accept such grants,
advances or loans or share in the expenses, subject to such terms and conditions as the
Authority may, from time to time, in consultation with such other authority, specify.
Power of
Authority to
finance projects
and schemes
and impose
conditions
thereof
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State Guarantee
to loans taken
or given by
Authority
28. The Government may guarantee repayment of the principal of, and interest on,
any loan raised or given by the Authority or transferred to it for the purposes of this Act,
subject to such conditions as the Government may think fit to impose .
CHAPTER-VII
Land and Property Related Provisions
Acquisition of
Property by the
Authority
29. The Authority may acquire any movable or immovable property by purchase,
exchange, gift, lease, mortgage, negotiated settlement, or by any other means permissible
under any law.
Power to acquire
Land
30. Any land required, reserved or designated in any plan shall be deemed to be
the land needed for public purpose within the meaning of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act
no. 30 of 2013) ; and may be acquired by the Government on the request by the Authority.
Creation and
Management of
Land
Development
Bank
31. The Authority shall create and maintain a Region Land Development Bank
in which all lands acquired, allotted, purchased or obtained through any mode shall be
maintained, protected and used for the furtherance of the objectives of the Act .
Transfer of
Government
land to the
Authority
32. The Government by specific orders and on such terms and conditions as
may be agreed upon between the Government and the Authority, place at the disposal of
the Authority any developed and undeveloped Government lands situated within the
region for the purposes of this Act.
Disposal of Land
and other
property by the
Authority
33. (1) The Authority shall use land available at its disposal only for purposes
of execution of project plan or development scheme. However, subject to any directions
given by the Government in this behalf and subject to terms and conditions of grant or
acquisition of such land, the Authority may dispose of any land at its disposal, without
undertaking or carrying out any development thereon or after undertaking or carrying out
such development as it thinks fit to such persons, in such manner and subject to such
terms and conditions as it considers expedient for fulfilling the purposes of this Act.
(2) Nothing in this Act shall be construed as enabling the Authority 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 disposal thereof in any manner, whether by way of
sale, exchange or lease or by the creation of any easement, right or privilege or otherwise.
CHAPTER-VIII
Miscellaneous
Act to have
overriding effect
34. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time
being in force or in any instrument having effect by virtue of any law of the State of Uttar
Pradesh other than this Act; or in any decree or order of any Court, Tribunal or other
Authority.
Power of the
Government to
give directions
35. The Government may, from time to time, give such directions to the
Authority as it thinks fit for the efficient administration of this Act and when any such
direction is given, the Authority shall carry out such directions.
Violation of
Regional Plan
36. (1) On and from the coming into operation of the finally publishable
Regional Plan, no Development Plans shall be made in the region which is inconsistent
with the Regional Plan as finally published.
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(2) Where the Authority is satisfied that any local authority, Government
Departments and persons have carried out, or are carrying out, any activity which amounts
to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned
participating local Authority and Government departments and persons , as the case may
be, to stop such violation of the Regional Plan within such time as may be specified in the
said notice and in case of any omission or refusal on the part of the concerned local
authorities, Government departments and persons to stop such activity, withhold such
financial assistance to the concerned local authorities as the Authority may consider
necessary and take any other action as per rules framed in this regard.
37. The Authority may, by resolution, delegate, from time to time, any power
(except the power to make regulations ) exercisable by it or any function to be discharged
or any duty to be performed by it, by or any this Act to the Executive Committee subject
to such terms and conditions as may be specified in such resolution.
Power of
delegation
38. Subject to any rules made in this behalf, any person generally or specially
authorized by the Authority in this behalf, may at all reasonable times, enter upon any
land or premises and do such things thereon as may be necessary for the purpose of
lawfully carrying out any works or for making any survey, examination or investigations,
preliminary or incidental to the exercise of any power or performances of any function by
the Authority under this Act :
Provided that no such persons shall enter any building or any enclosed
courtyard or garden attached to a dwelling-house without previously giving the occupier
thereof at least three days’ notice in writing of his intention to do so.
Power of entry
39. The Member-Secretary, Officers and other employees of the Authority
shall be deemed, when acting or purporting to act in pursuance of any of the provisions of
this Act, to be public servants within the meaning of clause (28) of section 2 of the
Bharatiya Nyaya Sanhita, 2023 (Act no. 45 of 2023).
Member
Secretary,
officers and
other employee
to be public
servants
40. No suit, prosecution or other legal proceeding shall lie against the Authority
or any member or any officer or any other employee of the Authority including any other
person authorized by the Authority to exercise any power or to discharge any function
under this Act, or for anything which is in good faith done or intended to be done under
this Act .
Protection of
action taken in
good faith
41. (1) The Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
Power to make
rules
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the composition and number of the members of the Authority and of
the Committee, as required by sub-section (3) of section 4 and sub-section (2)
of section 5, respectively, to be prescribed ;
(b) the terms and conditions of the office of the members of Authority
and Committee;
(c) the form and manner in which notice under sub-section (1) of
section 14 and sub-section (2) of section 16 shall be published;
(d) the manner in which notice under sub-section (1) of section 15 shall
be published;
(e) the form in which and the time at which the Authority shall prepare
its budget under section 23 and its annual report under section 25 and the
manner in which the accounts of the Authority shall be maintained and audited
under section 23;
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(f) the conditions and restrictions with respect to the exercise of powers to
enter under section 38 and others matters relating thereto;
(g) the form and manner in which notice under sub-section (2) of section 36
is to be issued for taking action under it;
(h) any other matter which is to be, or, may be prescribed or in respect of
which provision is to be, or may be, made by rules.
Power to make
regulations 42. (1) The Authority may, with the previous approval of the Government, by
notification in the Official Gazette, make regulations not inconsistent with this Act and
the rules made thereunder to carry out the provisions of this Act .
(2) In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:-
(a) the manner in which and the purposes for which the Authority may
associate with itself any person under sub-section (1) of section 6;
(b) the terms and conditions of service of the Officers and Employees of
the Authority under sub-section (3) of section 11; and
(c) any other matter in respect of which provisions is to be, or may be,
made by regulation.
Dissolution of
the Authority 43. (1) Where the State Government is satisfied that the purposes for which the
Authority was established under this Act, have been substantially achieved or the
Authority has failed in its objectives, so as to render the continued existeExcerpt shown. Open the full act in Lexace.