LexThe UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act120
THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD
ADHINIYAM, 19651
[U.P. ACT NO. 1 OF 1966]
Amended by the
U. P. Act no. XXIX of 1966.
U. P. Act no. XXX of 1970.
U. P. Act no. XIII of 1972.
U. P. Act no. XXII of 1972.
U. P. Act no. XLVII of 1976.
U.P. Act no. X of 1978
[Passed in Hindi by the Uttar Pradesh Legisl ative Assembly on August 17, 1965 and
by the Uttar Pradesh Legislative Council on September 6, 1965.
Received the Asse nt of the President on September 28, 1965 under Article 201 of
‘the Constitution of India’, and was published in the Uttar Pradesh Gazette, Extraordinary,
dated February 16, 1966.
AN
ACT
to provide for the establishment, incorporation and functioning of a housing and
development board in Uttar Pradesh.
It is hereby enacted in the Sixteenth year of the Republic of India as follows:
Chapter 1
PRELIMINARY
Short title and
commencement
1- (1) This Act may be called the Uttar Pradesh Avas Evam
Vikas Parishad Adhiniyam, 1965.
(2) It extends to the whole of Uttar Pradesh excluding
cantonment areas.
(3) It shall come into force in such area and on such date as
the State Government may by notification in the Gazette appoint;
and different dates may be ap pointed for different areas of Uttar
Pradesh.
1. For statement of objects and reasons see U. P. Gazette extraordinary dated April 15, 1965.
Number of notifications and
dates
Description of areas in which the Act was
enforced
Dates on which the
Act was enforced
O-32 H -O/XXXVII 8 (H -B) 65,
dated March 29, 1966.
The cities of Kanpur, Allahba d, Varansi, Agra
and Lucnow as constituted under section 3 of the
U.P. Nagar Mahapalika Adhiniyam, 1959 (U.P.
Act no. II of 1959)
April 1, 1966.
O-324/XXXVII-8 (H -B) 65,
dated December 2, 1967.
Areas under the jurisdiction of the Improvement
Trusts of Mee rut, Dehra Dun, Bareilly,
Gorakhpur, Saharanput, Moradabad, Aligarh,
Faizabad, Shahjanpur and Jhansi.
December 7, 1967
5212-K/XXXVII-8(H-B) 65,
dated November 29, 1968.
The area within the limits of Almora
Municipality.
December 1, 1968.
121
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 1]
1 2 3
2154-K/XXXVII-8(H-B) 65,
dated August 20, 1971.
(1)The areas falling within t he limits of the municipalities
of Firoz abad, Sitapur Basti, Rishikesh, Mathura,
Jaunpur, Banda, Muzafar -nagar, Rampur, Farrukhabad
cum-Fatehgarh, Azamgarh, Bahraich, Rae -Bareli,
Hapur, Hardwar, Roorkee, Mussoorie, Naini Tal,
Vrindaban, Pilibhit, Maunath Bhanja, Mirzapur,
Shikohabad, Kasganj , Unnao, Chandausi , Shahabd,
Etah, Amroha Etawah, Lakhimpur, Mainpuri, Deori a,
Haldwani cum-Kathgodam, Bulandshar, Rudrapur and
Pauri, and
August 21,
1971
(2) The areas falling within the limits of the Regulated
Areas Kicha and Bazpur, declared as such under section
3(i) of the U.P. (Regulation and Building Operations)
Act, 1958 (U.P. Act no. XXXIV of 1958)
239/XXXVII. 2-8 (HB) 65, dated
December 2, 1971
The area following within the limits of the Municipality of
pratepgarh and the areas lying within the periphery of five
kilometres beyond the limits of the said Municipality.
December
3, 1971
239/XXXVII 2-8 (HB) 65 dated
December 4, 1971
(1) The area lying within the periphery of five kilometres
beyond the municipal limits of Firozabad, sitapur, Basti,
Rishikesh, Mathura, Jaunpur, Banda, Mauz affarnager,
Rampur, Farrukhaba d-cum-Fatehgarh, Azamgarh,
Baharich, Rae Bareli, hapur, Hardwar , Roorkee,
Mussorrie, Naini Tal , Vrindaban, Pilib hit, Maunath
Bhanjan, Mirzapur, Shikohbad, Kasganj, Unnau,
Chandausi, Shahabad, Etah, Amroha, Etawah ,
Lakhimpur, Mainpuri, Deoria, Haldw ani-cum-
Kathgodam, Bulandshar, Redrapur and Pauri; and
(2)The areas lying within the periphery of five kilemetres
beyond the limits of regulated Areas Kichha and
Bazpur.
December
4, 1971
358/XXXVII-2-8 (HB) 65, dated
March 21, 1972
The areas falling within the limits of the municipality of
Kotdwara.
March 22,
1972
2686/XXXVII-2-8(HB)65, dated
June 19, 1972
(1) The areas lying within the limits of the municipalities of
Bara Banki (nawabganj), Gonda, Sultanpur, Orai, Uttar
Kshai, Kamirpur, Pithoragarh, Hardoi, Bijnor, Budaun,
Ballia and Ghazipur.
(2) The area lying within the limits of Notified Areas of
Chamoli-Gopeshwar and Narendra Nagar.
July 1, 1972
434/XXXVII. 2-284(V) 71, dated
December 2, 1972
(1) Areas under the Jurisdiction of municipalities of
Kshipur, Jospur, Ramnagar, and Tanakpur.
(2) Areas under jurisdiction of town areas of Gadarupr,
sitarganj and Bhimtal Town,
July 1, 1972
3530/XXXVII. 2 -8(HB) 65,
dated September 26, 1977
(1) the area falling within the limits of municipalities of
Chhibramau (district Farrukhabad) and Shrinagar
(district Garhwal),
(2) The Area falling within the limits of town Area Ranipur
(district Saharanpur)
September
26, 1977
122
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 2]
Definitions
U.P. Act II of
1959
U.P. Act no. II
of 1916
2- In this Act, unless the context otherwise requires-
(a) "Adhyaksh" means the Adhyaksh of the Board;
(b) "appointed day”, in relation to a ny area, means the day on which
this Act comes into force in. that area ;
(c) "betterment fee" means the fee leviable under Chapter IV ;
(d) "Bo ard" means the Uttar Pradesh Ava s Evam Vikas Parishad
established 'under this Act;
(e) "Board premises", means any premises belonging to, or vested in,
the Board or taken on lease by the Board or which are entrusted to, or are
in the possession or control of the Board for the purposes of this Act;
(f) "building'' means a house, out-house, stable, shed, hut (other than
a hut-made of mud appurtenant to or situated in a cultivated field in any
area outside the limits of a city, municipality town area or notified area) or,
other enclosure or structure, whether of masonry, bricks; wood, mud, metal
or any other material whatsoever, and whether used as a human dwelling
or otherwise, and includes any veranda h, platform, plinth, staircase door-
step or wall, including compound wall other than a boundary wall of a
garden or of agricultural land not appurtenant, to a house, but does not
include a tent or other such portable temporary shelter;
(g) " City” means any local area constituted to be a city under
section 3 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959;
(h) “land” includes benefits to arise out of land and things attached
to the earth or permanently fastened to anything attached to the earth;
(i) "Master Plan” means a Master Plan prepared under any law for
the time being in force ;
(j) "municipality"; means a municipality as defined in clause (9) of
section 2 of the U.P. Municipalities Act, 1916;
(k) "Nagar Mahapalika" means a Nagar Mahapalika established
under section 4 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959;
(l) "notified area” means a notified area as defined in sub section (2)
of section 337 of the U. P. Municipalities Act, 1916 ;
(m) "premises" means any building or part of building, and includes-
-
(i) any garden, grounds, land and out -houses appurtaining to
such building or part ; and
(ii) any fittings affixed to such building or part for the more
beneficial enjoyment thereof ;
(n) "prescribed" means prescribed by rules;
(o) “prescribed authority ” means any authority ap pointed by the
State Government by notification in the Gazette to perform all or any of
the functions of a prescribed authority under this Act ;
123
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 3]
(p) "regulations" means regulations made under this Act;
(q) "rules" means rules made under this Act ;
(r) "State Government" means the Government of Uttar Pradesh ;
(s) "town area" means any local area declared or defined under section 3
of the U. P. Town Areas Act, 1914 to be a town area;
(t) “Tribunal” means a Tribunal constituted under section 64;
(u) “Unit” means a Housing Unit established under section 9 ; and
(v) except in cl auses (f), (g) and (j), references to a ‘city’, or
‘municipality’ shall be constructed as including references to areas lying within
a distance of five kilometres beyond the limits of such city or municipality.
Chapter II
ESTABLISHMENT AND CONDUCT OF BUSINESS OF THE BOARD
Constitution
of the Board
3- (1) The State Government shall by notification in the Gazette establish a
Board to be called the Uttar Pradesh Avas Evam Vikas Parishad.
(2) The Board shall be a body corporate, with the name aforesaid, h aving
perpetual succession and common seal and may sue in its corporate name and be
competent, subject to the provisions of this Act, to acquire, hold and dispose of
property and to contract and do all things necessary for the purposes of this Act.
(3) For the purpose of the Land Acquisition Act, 1894, the Local Authorities
Loans Act, 1914 and any other law for the time being in force to Board shall be
deemed to a local authority.
(4) The Board shall have its head office at a place to be specified by the State
Government and also an office at the headquarters of each unit and may have
officers at such other places as it may consider necessary to be directed by the
State Government.
1[(5) There shall be following Chairman/ members in the Board-
(a) Minister Housing Department, Uttarakhand – Chairman- ex officio;
(b) Principal Secretary/ secretary Housing Department Uttarkhand
Government- Acting Chairman/ memebr- ex officio;
(c) Principal secretary/ secretary, Finance Uttarakhand Government - Ex
officio member;
(d) Principal Secretary/ secretary, Urban Development department
Uttarakhand Government- ex-officio member;
(e) Principal Secretary/ Secretary Public enterprise bureau Uttarakhand
Government- ex officio member;
(f) Chief Town and village planner- ex officio member;
---------------------------------------------------------------------------------------
1-Subs. by section 2 of Uttrakhand Act no 20 of 2018.
124
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 4]
(g) The Di rector Central Building Research Institute, Roorkee - ex
officio member;
(h) Chief Engineer, Public Works Department- member ex-officio;
(i) Finance Controller, Uttarakhand Planning And Town
Development Authority- ex officio member.]
(6) An officer refer red to in clause (b), clause (c) or clause (d) of sub -
section (5) may instead of attending a meeting of the Board himself depute
an officer next junior to him available in his department to attend the
meeting. 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.
(7) The appointment of the Adhyaksh and the members referred to in
clause (a) of sub-section (5) shall be notified in the Gazette.
Disqualifica-
tions for
being
Adhyaksh or
member, etc.
4- A person shall be disqualified for being chosen as and for being the
Adhyaksh or a member of the Board if he---
(a) has been convicted of an offence involving moral turpitude;
(b) is an un-discharged insolvent;
(c) is of unsound mind and stands so declared by a competent court ;
(d) holds, except as provided in, sections 6 and 7, any office or profit
under the Board;
(e) has directly or indirectly, by himself or by any partn er, employer or
employee, any share or interest, whether pecuniary or of any other nature, in
any contract or employment with, by, or on behalf of, the Board; or
(f) is a director or a secretary, manager or other officer of any company
which has any share or, interest in any contract or employment with, by, or,
on behalf of, the Board :
Provided that a person shall not be disqualified under clause (e) or
clause (f) by reason only of his, or the company of which he is a director,
secretary, manager or other officer, having a share or interest in----
(i) any sale, purchase, lease or exchange of immovable property or
any agreement for the same;
(ii) any agreement for loan of money or any security for payment of
money only;
(iii) any newspaper in which any advertisement relating to the
affairs of the Board is published;
(iv) the occasional sale to the Board, up to a value not excee ding
ten thousand rupees in any one year, of any article in which he or the
company regularly trades.
1. Subs. by section 2(a) of U.P. Act no. XLVII, 1976.
2. Ins. by section 2(b) ibid.
125
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 5-8]
Explanation-- A person shall not be deemed to have any share or interest in
any contract or employm ent with, by, or on behalf of the Board by reason only
of his being a shareholder of a company which has such share or interest.
Term of officer
of Adyaksh and
non official
members
5- (1) The Adhyaksh, unless he, is the Housing Commissioner, or a non -
official member of the Board shall hold office for three y ears unless his term is
determined earlier by the State Government by notification in the Gazette :
Provided that in the case of a Nagar Pramukh appointed as such member his
term as member shall stand determined when he ceases to hold the official of
Nagar Pramukh.
(2) The Adhyaksh or a non -official member may at an y time by writing
under his hand addressed to the State Government resign his office and on such
resignation being accepted he shall be deemed to have vacated his office.
Provisions
regarding case of
Adhyaksh
6- (1) The Adhyaks h, unless he is the Housing commissioner, shall be paid
from the Board’s fund such remuneration as may be prescribed.
(2) Whenever there is for any reason a temporary vacancy in the office of
the Adhyaksh, the State Government , may appoint a person to act as Adhyaksh
during t he period of such vacancy, and such person shall be paid from the
Board's fund such remuneration its may be fixe d in this behalf. The person so
appointed shall for the purposes of this Act be deemed to be Adhyaksh.
Provisions
relating to
saving
commissioner
7- (1) There shall be a Housing Commissioner appointed by the State
Government for the purposes of this Act.
(2) The conditions of service of the Housing Commissioner shall be such as
may be prescribed. He shall be remunerated from the Board's fund.
(3) The State Government may, if it is of opinion that special
circumstances so require, appoint the Housing commissioner to be the Adhyaksh
in addition to his own duties.
(4)The State Gov ernment may, also appoint the Housing Commissioner as
an authority under any other law for the time being in force.
Appointment of
officers and
servants
8- [ (1) Subject to such control and restrictions as may from time to time be
imposed by the State government by special or general orders, the Board may
appoint such officers and servant as it considers necessary for the efficien t
performance of its functions :]1
Provided that the appointment and conditions of service of any officer
whose starting sala ry exceeds rupees five hundred per mensem shall be made
and determined after consultation with the State Public service Commissioner,
and in the case of any difference between the Board, and the Commission, after
the previous approval of the State Government:
Provided further that such consolation shall not be necessary in the case of
servants mentioned in sub-section (2).
1. Substituted by section 3 of U.P. Act no. 47 of 1976.
126
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 9-12]
(2) The Board may, with the previous approval of the State Government,
appoint a servant of the Central or the State Government or of a local authority on
any of the posts under it on such terms and conditions as may be agreed upon.
Units 9- (1) The Board may by resolution establish a Housing Unit for any city and,
with the previous approval of the State Government, for any other area for the
efficient performance of its functions in that area.
(2) Every unit shall form part of the establishment, of the Board and shall
consist of such officers and servants as may be considered necessary by the Board.
(3) Every Unit shall be under the charge of an officer who shall be under the
administrative control of the Housing Commissioner and shall also exerci se,
perform and discharge such powers, duties and functions as may be delegated to
him under section 12.
(4) As far as may be and subject to the rules, the accounts of income and
expenditure of each Unit shall be kept separately and the savings of any one Unit
shall be spent over that area only to which that unit relates.
Avas Samitis 10- (1) The State Government may for any Unit constitute a local advisory
committee to be called Avas Samiti consisting of a Chairman and such other
members and on such terms and conditions as may be prescribed.
(2) The Chairman of the Avas Samiti shall be---
(a) in the case of a City, the Nagar Pramukh of the Nagar M ahapalika
thereof;
(b) in the case of a municipality, the President of the municipality or part
thereof the President or Chairman of any local authority having jurisdiction in
that area, to be appointed by the State Government.
(3) The Board shall consult the Avas Sa miti concerned on such matters as
may be prescribed and may also consult it on any other matter.
Supervision
and control by
Housing
Commissioner
11- Subject to the provisions of this Act and the rules, the Housing Commissioner
shall exercise supervision and control over all officers and servants of the Board.
Delegation of
powers
12- (1) Subject to the provisions of this Act and the rules, the Board may by general
or special order delegate, either unconditionally or subject to such conditions,
including the condition of review by itself, as, may be, specified in the order, to
any committee appointed by it or to the Housin g Commissioner or any officer of
the Board such of its powers and duties under this Act, as it may deem necessary.
(2) Subject to the provisions of this Act and the rules, the Housing
commissioner may by general or specia l order delegate, either unconditionally, or
subject, to su ch conditions, including the condition of review by himself , as may
be specified in the order, to a ny officer of the Board such of his powers and duties
under this Act, not being powers and duties delegated to him, under sub-section
(1), as he may deem necessary.
127
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 13-15]
Disqualification
from
participating in
proceedings on
account of
interest
13- (1) A member of the Board or of an Avas Samiti or of a committee
appointed by the Board who--
(a) has any share or interest of the nature described in clause (e) and
clause (f) of section 4 in respect of any matter, or
(b) has-acted professionally, in relation to any matter, on behalf of
any person having therein any such share or interest as aforesaid,
shall not, notwithstanding anything contained in the proviso to section
4, vote or take part in any proceeding of the Board, Avas Sarniti or
committee relating to such matter.
(2) If any member of the Board or of an Avas Samiti or of a committee
appointed by the Board has, directly or indirectly, any interest in any land
situated in an area comprised in any of the schemes framed under this Act, or
in an area in which it is propose d to acquire land for nay of the purposes of
this Act he shall not take part in any meeting of the Board, Avas Samiti or
committee in which any matter relating to such land is considered.
(3) Nothing in sub -section (1) or sub -section (2) shall prevent any
member of the Board, Avas Samiti or committee from voting on, or taking
part in the discussion of, any resolution or question relating to any subject
other than a subject referred to III those, sub sections.
Acts not to be
invalidated by
informality,
vacancy, etc.
14- No act done or proceeding taken under this Act by the an Avas Samiti or
a committee appointed by the Board shall validated merely on the ground of-
(a) any vacancy or defect in the constitution of the Board, Avas
Samiti or committee; or
(b) any defect or irregularity, in the appointment of a person acting
as a member thereof ; or
(c) any defect or irregularity in such act or proceeding not
affecting the substance.
Chapter III
FUNCTIONS AND POWERS OF THE BOARD
Functions of
the Board
15- (1) Subject to the provisions of this Act and the rules and regulations,
the functions of the Board shall be---
(a) to frame and execute housing and improvement schemes and
other projects;
(b) to plan and co -ordinate various housing activities in the Sta te
and to ensure expeditious and efficient implementation of housing and
Improvement schemes in the State;
(c) to provide technical advice for and scrutinise various projects
under Housing and Improvement Schemes sponsored or assisted by the
Central Government or the State Government ;
128
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 15]
(d) to assume management of such immovable properties belonging to
the State Government as may be transferred or on trusted to it for this
purpose;
(e) to maintain, use, allot, lease, or otherwise transfer plots, buildings
and other properties of the Board or of the State Government places under
the control and management of the Board;
(f) to organise and run workshops and stores for the manuf acture and
stock-piling of building materials;
(g) on such terms and conditions as may be agreed upon houses
constructed by it in execution of any scheme to be houses subject to the
U.P. Industrial Housing Act, 1955;
(h) to regulate building operations;
(i) to improve and clear slums;
(j) to provided roads, electricity, sanitation, water -supply and other
civic amenities and essential services in areas developed by it;
(k) to acquire movable and immovable properties for any of the
purposed before mentioned;
(l) to raise loans from the market, to obtain grants and loans from the
State Government, the Central Government, local authorities and other
public corporations, and to give grants and loans to local authorities, other
public corporation , housing c o-operative societies and other persons for
any of the purposes before mentioned;
(m) to make investigation, examination or survey of any property or
contribute towards the cost of any such investigation, examination or
survey made by any local authority or by he State Government;
(n) to levy betterment fees;
(o) to fulfill any other obligation imposed by or under this Act or any
other law for the time being in force; and
(p) to do all such other acts and things as may be necessary for the
discharge of the functions before mentioned.
(2) Subject to the provisions of this Act and the rules and regulations, the
Board may undertake, where it deems necessary, any of the following
functions; namely---
(a) to promote research for the purpose of expediting th e construction
of and reducing the cost of buildings;
(b) to execute works in the State on behalf of public institutions, local
authorities and other public corporations, and departments of the Central
Government and the State Government;
(c) to supply and sell building materials;
(d) to coordinate, simplify and standardize the productions of building
materials and to encourage and organise the prefabrication and mass
production of structural components;
129
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 16-17]
(e) with a view to facilitating the movement of the popula tion in and
around any c ity, municipality, town area or notified area, to establish
maintain and operate any transport service, to construct, widen, strengt hen or
otherwise improve roads and bridges and to give fi nancial help to others for
such purposes;
(f) to do all such other acts and things as may be necessary for the
discharge of the functions before mentioned.
Housing or
improveme
nt scheme
when to b e
framed by
the Board
16- (1) A housing or improvement scheme may be framed by the Board of its
own motion or at the inst ance of a local authority and shall be framed when so
directed by the State Government.
(2) The Board may refuse to frame and execut e a housing or improvement
scheme at the instance of a local authority if the Board is satisfied that such
scheme is unneces sary or not feasible or that the funds at its disposal do n ot
permit the framing or execution of such scheme, and intimate its refus al to the
authority, the Boar d shall in timate its decision within one year from the date of
receipt of the request from the local authority that a scheme be framed.
(3) Any local auth ority aggrieved by the refusal of the Board under sub -
section (2) may, w ithin two months from the date of receipt of the inti mation,
appeal to the State Gove rnment who may pass such orders thereon as it thinks fit
and the Board shall give effect to such orders.
Matters to
be provided
for in
housing or
improveme
nt schemes
17- Notwithstanding anything contai ned in any other l aw for the time bein g in
force, and without prejudic e to other provisions of this Chapter, a housing or
improvement scheme may provide for all if any of the following matters namely ,
(a) the acqu isition by purchase, exchange or otherwise of any property -
necessary for, or affected by the execution of the scheme ;
(b) the laying or re-laying out of any laud comprised in the scheme;
(c) the distribution o r redistribution of sites belon ging to owners of th e
property comprised in the scheme ;
(d) the improvement or clearance of dwellings or portions of dwellings
unfit for human habitation :
(e) the demolition of buildings or portions of buildings causing
obstruction in the proposed lay-out ;
(f) the construction or reconstruction of buildings;
(g) the sale (including sale on h ire-purchase basis), lease or exchange of
any property comprised in the scheme ;
(h) the construction or alteration of roads, streets, lanes, bridges, culverts
or causeways;
(i) the drainage, water-supply or lighting of the streets included in the
scheme ;
(j) the provision of sc hools, community buildings, parks (including
children's parks), swimmin g pools, playing fields open spaces, and
approaches thereto, for the benefit of a ny area com prised in the scheme or
any adjoining area ;
130
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 18-19]
(k) the making of sanitary arrangements required for the area comprised
in the scheme, incl uding the conservation of and the prevention of injury to
or contamination of rivers of other sources and means of water-supply;
(l) the provisions of accommodation for any class of persons;
(m) the provision of facilities for communication and transport;
(n) the collection of such information and statistics as may be necessary
for the purposes of this act;
(o) the reclamation, development or reservation of lands for markets,
commercial and industrial sites, garden, playing fields and tree plantation;
(p) the provision of restaurants, shops markets, fuel depots laundries, and
other amenities in the area comprised in the scheme;
(q) the advance of loans for the purposes of the scheme; and
(r) any other matter which may be prescribed;
Provided that any such scheme shall, so far as may be, conform with the
Master plan, if any, for the time being in force.
Types of
housing and
improvemen
t schemes
18- (1) A housing or improvement scheme shall be of one of the following types,
or a combination of two or more of such types or o f special features thereof,
namely--
(a) Grihsthan yojana (house accommodation scheme) ;
(b) Malin Basti sudhar Aur Nipatan Yojana (slum improvement and
clearance scheme) ;
(c) Punaravas Yojana (re housing scheme);
(d) Sarak Yojana (street scheme);
(e) Bhavi Sarak Yojna (deferred street scheme) ;
(f) Prasar Yojana (expansion scheme);
(g) Bhumi Vikas Yojana(land development scheme);
(h) Bazar Yojana (market scheme) ;
(i) Barh Yojana (flood scheme).
(2) The State Government may, on such terms and conditions a s it may after
consultation with the Board think fit to impose, direct the Board to under take any
housing or improvement scheme of a type not specified in sub-section (1).
Grishthan
Yojana
19- (1) Whenever the Board is of opinion that it is expedient or necessary to
meet the need for house accommodation in any area, the Board may frame a
Grihsthan Yojana (house accommodation scheme).
(2) Such scheme shall specify the layout of the area where the houses are to
be constructed and may provide for the bui lding of houses by the Board and by
others.
(3) The Board may lease out or sell, including sale on hire purchase basis,
any house so built by the Board.
131
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 20-21]
(4) The Board may provide in the area roads, streets, drainage, water
supply street lighting, community buildings and other amenities.
Malin Basti
Sudhar Aur
Nipatan
Yojana
20- (1) Whenever it appears to the Board----
(a) that in any area, any buildings used or in tended or likely to be used
as dwelling houses are unfit for human habitation, or (b) that danger to the
safety, health or morals of the inhabitants in any area or in the
neighborhood of such area is likely to be caused by-
(i) the narrowness, closeness, or faulty arrangement or des ign or
condition of streets or buildings or groups of buildings in such area, or
(ii) over-crowding in such area, or
(iii) want of light, air, ventilation, or of proper conveniences in
such area, or
(iv) any other sanitary defect in such area,
the Board may frame a Malin Bas ti Sudhar Aur Nipatan Yojna (slum
improvement and clearance scheme) in respect of such area.
(2) Such scheme may provide for --
(a) the reservation of sites for, and the construction and provision of
roads, streets, lanes and open space and other amenities, and the
enlargement of the existing roads, streets, lanes open spaces and oth er
amenities in the area;
(b) the relaying out-of the sites of the area ;
(e) the acquisition by the Board of any site or building comprised in
the area;
(d) the carrying out of any maintenance of works of improvement on
lands and buildings in the area;
(e) the regulation of erection, re -erection or alteration of, or addition
to buildings in the area;
(f) the alteration or demolition of the existing buildings and their
appurtenances on the sites of the area;
(g) the construction of houses and other buildings on the sites of t he
area ;
(h) the advance of moneys to the owners on such terms and
conditions as may be provided under the scheme with a view to assist them
in re-constructing or altering existing buildings or erecting new buildings
in accordance with the scheme.
Punarvas
Yojana
21- Whenever the Boar d is of opinion that it is necessary to provide
accommodation for persons --
(a) who are displaced or likely to be displaced by the execution of any
housing or improvement scheme under this Act; or
(b) whose removal from any area is necessary for relieving congestion
in that area.
132
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 22-23]
the Board may frame a Punarwas Y ojana (re -housing scheme) for the
construction, maintenance and management of such dwelling houses and
shops or for providing such open plots along with roads, streets and open
spaces as may be deemed necessary.
Sarak Yojana 22- (1) Whenever the Board is of opinion that for the purposes of --
(a) providing building sites, or
(b) remedying defective ventilation ;or
(c) creating new or improving existing means of communica tion
and facilities for traffic, or
(d) affording better facilities for conservancy;
it is expedient to layout new streets or al ter existing streets (includ ing
bridges cause -ways and culverts) in any area, the Board may frame a
Sarak Yojana (street scheme) for such area.
(2) Such scheme may, within the limits of the area comprised in the
scheme, provide for the following matters; namely-
(a) the acquisition of any land which, in the opinion of the Board,
is necessary for the scheme ;
(b) the re -laying out of all o r any of the lands so acquired
including the construction and reconstruction of buildings by the Board
or by persons authorised by the Board in that behalf and the laying out,
construction and alteration of streets and thoroughfares ;
(c) t he drainage, water -supply and lighting of streets and
thoroughfares so laid out, constructed or altered ;
(d) the reclaiming or raising or lowering the level of any land
vested in, or acquired by, the Board for the purposes of the scheme; and
(e) the pr ovision of open spac es for the better ventilation of the
area comprised in the scheme.
Bhavi Sarak
Yojana
23- (1) Whenever the Board is of opinion that it is necessary to provide for
the future widenin g of any street by altering the existing alignments of such
street but that it is not necessary immediately to, acquire all or any of the
properties lying Within the proposed improved alignments, the Board may
frame a Bhavi Sarak Yojana (deferred street scheme), defining the alignment
on each side of the s treet, and specify the time -limit for the execution of such
scheme, which may be extended by the Board from time to time :
Provided that such time -limit including extensions, if any, made by the
Board shall in no case exceed twenty years from the date of coining into force
of the scheme.
(2) Such scheme shall provide for the- following matters, namely----
(a) the acquisiti on of the whole or any part of any property lying
within the defined alignments of the street within the time limit for the
execution of the scheme ;
133
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 24]
(b) the relaying out of all or any of such properties, including the
construction and reconstruction of buildings by the Board or by any other
person, and the formation and alignment, of the street; and
(c) the drainage water-supply and lighting of the streets So formed or
altered.
(3) After such scheme has come into force-
(a) no person shall, within the time -limit for the execution of the scheme,
erect, re -erect, add to or alter any building so as to make it project into the
defined alignments of the street except with the previous written permission of
the Board ;
(b) if the Board fails to acquire or to institute proceedings for the
acquisition of any propert y situate within the defined alignments of the street,
the owner of such property may at any time, within the time -limit for the
execution of the scheme, or within three years therea fter, give the Board notice
requiring it to acquire or to institute proc eedings for the acquisit ion of such
property before the expiration of six months from the date of such notice; and
thereupon the Board shall acquire by agree ment, or institute such proceedings
by notice under clause (c) and acquire, the property accordingly; and if the
Board fails to do so, it shall pay such compensation as may be determined in
accordance with the provisions of this Act and the rules ;
(c) the Boar d shall, before proceeding to acquire any property lying
within the defined alignments of the s treet, give (i) in respect of any property
regarding which it has received a. notice under clause (b), fifteen days notice;
and (ii) in respect of other property, six months notice to the owner of its
intention to acquire such property ;
(d) notwithstandi ng anything contained in the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959, the U. P. Municipalities Act, 1916, the Uttar
Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 or any other
enactment constituting a local authority in an area in which a scheme under this
section has been notified, such local authority shall not have power to define or
prescribe any alignment of the street within the area comprised in the scheme
and any such alignment previously defined or prescribed within such limits
shall cease to be operative.
Prasar
Yojana
24- (1) Whenever the Board is of opinion that it is expedient to control and provide
for the future expansion or development of a City, municipality town area or notified
area, the Board may frame a Prasar Yojana (expansion scheme) and specify the time-
limit, which may be extended by the Board from time to time for the execution of the
scheme :
Provided that such time -limit including extensions if any, made by the Board
shall in no case exceed twenty years fro m the date of coming into force of the
scheme.
(2) Such scheme shall specify the proposed lay -out of the area to be developed
and the purposes for which particular portions thereof are to be utilised.
(3) After any such scheme has c ome into force, no per son shall without the
previous written permission of the Board, erect, re -erect add to, or alter any building
within the area comprised in the scheme.
134
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 25-27]
(4) If the Board refuses to grant permission to any person to erect, re-erect, add
to, or alter any building on his land in the area. aforesaid, and does not proceed to
acquire such land within one year from the date of such refusal the Board shall pay
such compensation as may b e determined under this Act and the rules to the person
for any damage sustained by him in consequence of such refusal :
Provided that if the Board neither grants nor refuses to grant permission as
aforesaid within a period of three months from the receip t of an application duly
presented in that behalf it shall be d eemed to have refused permission on the date of
expiration of such period.
Bhoomi
Vikas
Yojana
25- (1) Whenever the Board is of opinion that it is expedient to provide building
sites in any a rea, the Board may frame a Bhoomi Vikaa Yojana (land development
scheme).
(2) Such scheme shall specify the proposed lay -out of the area to be developed
and the purposes for which particular portions thereof are to be utilised.
(3) The Board may provide roads, streets, open sp aces, drainage, water supply
street lighting and other amenities for the area comprised in the scheme.
(4) The Board may lease out or sell, including sale on hire -pure basis the
building sites in the area comprised in the scheme.
Bazar
Yojana
26- (1) Whenever it appears to the Board that any area is lacking in adequate
facilities for marketing, shopping or commerce or that the existing markets or
professional or commercial establishments are inconvenient to producers, bankers,
traders, members of professions, consumers, customers or clients, or that it is
otherwise expedient to improve, alter or demolish the existing markets or
commercial or professional centres or layout new markets or centres in any area, the
Board may frame a Bazar Yojana (market scheme) for the area.
(2) A Bazar Yojana may provide for-
(a) the construction of mandis, shops, stalls, god owns, restaurants,
cinemas, commercial houses, professional offices, petrol pumps, mec hanical
servicing and repair st ations, laundries and other requisite buildings and
structures ;
(b) the laying o f roads, streets, lanes, side -walks, parks and parking
spaces, the provision of water supply, bus stands and stands for cycles and
other vehicles, lavatories, resting places and other services and amenities ;
(c) the acquisition by the Board of any site o r building comprised in the
area included in the scheme; and
(d) the transfer by the Board of any market to any local authority or other
person, either absolutely or for management, on such terms and conditions as
may be agreed upon with such local authority or person.
Barh Yojana 27- (1) Whenever it appear s to the Board that any area has been or is likely to be
affected by the flooding of any river or rivulet or by water logging, the Board may
frame a Barh Yojana (flood scheme) for such area.
(2) A Barh Yojana may provide for-
135
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 28-30]
(a) the construction of structures for the protection of houses and
essential supply installations affected or likely to be affected by flood;
(b) the repair or reconstruction of houses damaged by flood;
(c) the construction of drains and other outlets for drainage of
accumulated water ;
(d) the raising of the level of any area;
(e) the re-laying of sites in any area;
(f) the acquisition of any land necessary for the scheme ;
(g) the evacuation of the inhabitants of any locality affected or
endangered by flood and the provision of alternative accommodation for
them.
Notice of
housing
and
improveme
nt schemes
28- (1) When any housing or improvement scheme has been fr amed, the Board
shall prepare a notice to that effect specifying---
(a) the boundaries of the area comprised in the scheme ;
(b) the dates, hours, and p lace or places at which a map of the area,
particulars of the scheme, and details of the land proposed to be acquired and
of the land in respect of which betterment fee is proposed to be levied may
be seen; and
(c) the date by which objections to the scheme may be made.
(2) The Board shall-
(a) cause the said notice to be published weekly for three consecutive
weeks in (i) the Gazette and (ii) two daily newspapers having circulation in
the area comprised in the scheme at least one of which shall be a Hin di
newspaper; and
(b) send a copy of the notice to the local authority or authorities within
whose jurisdiction the area comprised in the scheme lies.
(3) The Hou sing Commissioner shall cause cop y any document referred to
in clause (b) of sub -section (1) to be delivered to any appli cant on payment of
such fee as may be provided by regulations.
Notice of
proposed
acquisition
or levy of
betterment
fee
29- Within six weeks from the date on which any notice is first published under
section 28 in respect of any housing or improvement scheme the Board shall serve
a notice in such form, on such persons or classes of persons and in such manner as
may be prescribed, stat ing that the Boa rd proposes to acquire any specified land
or building for the execution or the scheme or proposes to levy betterment fee.
Objections 30- (1) Any local authority whom a copy of the notice has been s ent under
clause (b) of sub -section (2) of section 28 may within sixty days from the receipt
of the copy of the notice file any objection against the scheme.
(2) Any person o n whom a notice under section 29 has been served may
within thirty days from the service of the notice, or within such further time as the
Board may, for sufficient cause, allow, make an objection in writing to the Board
against the scheme or the proposed acquisition or levy.
136
[The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 31-32]
(3) Any other person may file an objection against the scheme within the
time specified in the notice under section 28.
Abandonment,
modification or
sanction of
Scheme
31- (1) After considering the objections, if any, rec eived in pursuance of the
foregoing provisions and after giving an opportunity of b eing heard to the
objectors, the Board may, so far as may be, within Six month from the date of
receipt of the last such objection, either abandon the scheme, or if the
estimated cost of the scheme does not exceed twenty lakhs of rupees sanction
it with or without modifications, and. it the estima ted cost o f the scheme
exceeds twenty lakhs of rupees, submit it to t he State Government for
sanction with such modifications, if any, as the Board may suggest,
(2) The State Government may sanction with or without modifications or
refuse to sanction, or re turn fur reconsideration, any scheme submitted to it
under sub-section (1).
(3) If a scheme returned for reconsideration under sub -section (2) is
modified by the Board it shall be republished in accordance with section 28-
(a) if the modification affects thExcerpt shown. Open the full act in Lexace.