LexThe Uttarakhand Special Area (Planned Development and Promotion of tourism) Act
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Open in Lexace · Ask the AI about this actThe Uttarakhand Special Area (Planned Development and Promotion of Tourism) Act, 2013
[Uttarakhand Act No. 16 of 2013]
INDEX
Section Particular Page No.
1 2 3
CHAPTER-I
Preliminary
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
Establishment of Special Area Authority
3. Declaration of Special Development Area
4. The Special Area Authorities
5. Staff of the Authority
CHAPTER-III
Functions & Powers of the Special Area Authority
6. Functions of the Authority
7. Powers of the Authority
CHAPTER-IV
Master Plan for Special Area
8. Preparation of Master Plan
9. Sector Plans
10. Procedure for preparation of plan and submission of the same
11. Date of commencement of plan
12. Amendment of plan
CHAPTER-V
Development of Land
13. Development of land around Special Area
14. Application for permission and Appeal
15. Uses of land and buildings in contravention of Plans
CHAPTER - VI
Acquisition and Disposal of Land
16. Compulsory acquisition of land
17. Contractual acquisition of land
18. Disposal of Land by the Authority
CHAPTER - VII
Finance, Accounts and Audit
19. Fund of the Authority
20. Power of Authority to Borrow
21. Budget of the Authority
22. Accounts and Audit
23. Annual Report
24. Pension and Provident Fund
CHAPTER - VIII
Public Private Participation
25 Power of State Government to enter into agreements for
development and Promotion of Tourism by Private Participation
CHAPTER - IX
Supplemental Provisions
26. Powers of entry
27. Order of demolition of building
28. Power to stop development
29. Power of the Authority to provide amenity or carry out
development at the cost of owner in the event of his default and
to levy cess in certain cases
30. Powers of Au thority to require local authority to assume
responsibilities in certain cases
31. Betterment charge
32. Payment of betterment charge
33. Power to levy charge on the consumption of sale of electricity
34. Mode of recovery of moneys due to the Authority
CHAPTER - X
Offences and Penalties
35. Offence of contravention in particular
36. Offence regarding Contravention in general
37. Offence by companies
38. Composition of offence
39. Cognizance of Offence
40. Members and officers to be public servants
41. Fines when realized to be paid to the Authority
CHAPTER - XI
Miscellaneous
42. Control by the State Government
43. Returns and inspections
44. Power of State Government to give directions
45. Delegation of powers
46. Dissolution of Authorities
47. Authentication of orders and documents
48. Bar of Jurisdiction
49. Protection of action taken in good faith
50. Power to make Regulations
51. Power to make Rules
52. Power to Remove difficulties
53. Application of other Laws not barred
54. Overriding effect of the Act
The Uttarakhand Special Area (Planned Development and Promotion of Tourism) Act, 2013
[Uttarakhand Act No. 16 of 2013]
An
Act
Whereas it is expedient to provide for the constitution of an Authority for planned development and
Promotion of Tourism and Allied Activities in certain areas in the State as Tourist Destinations and for
matters connected therewith and incidental thereto;
It is hereby enacted in the Sixty-fourth Year of the Republic of India, as follows: --
CHAPTER – I
PRELIMNARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttarakhand Special Area (Planned
Development and Promotion of Tourism) Act, 2013.
(2) It extends to Special Area specified in the Schedule and such other areas as
the State Government may, by notification specify,
(3) Act or its provisions shall be deemed to have come into force on such date
as may be notified by the State Government by publication in the
Government Gazette.
Definitions 2. In this Act, unless the context otherwise requires, -
(a) ‘Allied Activities’ means the activities connected directly or indirectly
which may, in the opinion of Government, facilitate or catalyze the growth
of tourism or facilitate the visitors or tou rists in the area including
infrastructure facilities such as roads, water, sewage, guest houses, hotels,
motels, shops, shopping malls, emporiums, housing, clubs, etc.;
(b) 'Amenities' includes parking, roads, streets, water and electric supply,
street lighting, open spaces, parks, recreation grounds, playgrounds, natural
features, drainage, sewerage, collection, treatment and disposal of waste,
toilets, public works and other utilities, services and conveniences;
(c) ‘Authority’ means the Authority constituted under section 4 of the Act;
(d) 'Building' includes any structure or part of a structure with whatever
material constructed which is used or intended to be used as a place for
human dwelling or custody of property or performance of worship or for
carrying an occupation trade or business;
(e) 'Development' with its grammatical variations means, the planned
development of any area by carrying out Landscape Architecture, Structural
designs, buildings, Engineering works or other operations in or over or
under land, or m aking any material change in any building, land or water
source in such area and includes infrastructure facilities for attraction,
promotion of tourism and for socio- economic development of such area;
(f) 'Master Plan’ includes a Landscape sketch, drawing or plan specifying
sector plans, landscape drawing with optimum utilization of water resource
for sports, gaming, entertainment and surroundings for serene beauty, rest
and reoccupation and like other activities;
(g) ‘Gaming’ includes fishing, Spear fishing, Horse Riding, Go Karting,
Archery and such other gaming activities as may be provided in the Rules
or Regulations;
(h) 'Regulation' means a regulation made under this Act by the Special Area
Authority;
(i) 'Rule' means a rule made under this Act by the State Government;
(j) 'Special Area' means the area specified in the Schedule -I and any other
area specified as such in any Government Notification thereto;
(k) ‘Sports’ means all sorts of sports conducive to the area including gaming
and water sport;
(l) ‘Water Sports’ includes sports on the water surface, under water and in the
water and such other sports as may be provided in the Rules or Regulations
under this Act.
Words and expressions used in this Act but not defined shall have the
meanings respectively assigned to them i n the Uttaranchal River Valley
(Development And Management) Act, 2005, the Uttar Pradesh Urban
Planning and Development Act, 1973, the Uttar Pradesh Special Area
Development Authority Act, 1986 and the like law adopted vide Adaptation
and Modification Orde r by the Uttarakhand State, subject to the context
herein and thereof.
CHAPTER – II
Establishment of Special Area Authority
Declaration of
Special
Development
Area
3. (1) If the State Government is of opinion that any area is of special tourism
importance in the State and it needs to be developed in a planned manner, it
may, by notification, declare such area to be a special development area for
the purposes of this Act and also if required, propose theme of
development.
(2) State Government may also impose su ch restriction on any development,
constructions, including any type of dealing (sale, exchange) in the land,
etc. which may, in the opinion of the State Government, affect the proposed
development in the special area declared under sub-section (1) of section 3.
(3) State Government may also transfer such Government land to the Authority
as may be required for the propose development.
The Special
Area
Authorities
4. (1) The State Government may, by notification, for the purpose of this Act,
constitute an A uthority to be called (Name of the area) Special Area
Tourism Development Authority.
(2) The Special Area Authority shall be a body corporate and shall consist of
the following members, namely:-
(a) The Secretary, Tourism, Government of Uttarakhand ex-officio (Chairman);
(b) The Secretary, Finance, Government of Uttarakhand ex- officio (member);
(c) The Secretary, Planning, Government of Uttarakhand ex- officio (member);
(d) The Secretary, PWD, Government of Uttarakhand ex- officio (member);
(e) The Secretary, Urban, Government of Uttarakhand ex- officio (member);
(f) The Secretary, Housing, Government of Uttarakhand ex- officio (member);
(g) The Secretary, Panchayat, Government of
Uttarakhand
ex- officio (member);
(h) The Secretary, Forest, Government of Uttarakhand ex- officio (member);
(i) Chief Town Country Planner, Government of
Uttarakhand
ex- officio (member);
(j) District Magistrate of the district, any part of, which
is included in the special development area
ex- officio (member);
(k) Five persons to be nominated by the State
Government, who shall be persons of ability,
integrity and standing and having adequate
knowledge or experience of or have shown capacity
in dealing with problems relating to environment,
landscape architecture, tourism, sports especially
related to water, commerce, economics, public
affairs, etc.
Members;
(l) Such other members, not exceeding two, as may be
nominated by the State Government to represent,
other interests in the environment pro tection,
sustained development, tourism and sports
preferably related to water gaming;
Members;
(m) 1{Chief Executive Officer Member Secretary.}
(3) A member referred to in Clause (b), (c), (d), (e), (f), (g) and (h) of sub -
section (2) may instead of attending a meeting of the Authority himself,
depute an officer, not below the rank of Additional Secretary ex -official in
the department, and a member referred to in clause (j) of sub -section (2)
may, likewise depute an officer not below the rank of Additional District
Magistrate ex -official. The officer so deputed shall have the right to take
part in the proceeding of the meeting and shall also have the right to vote.
(4) The Special Area Authority may associate with itself, in such manner and
for such purpose as may be determined by regulations, any person whose
assistance or advice it may desire in complying with any of the provisions
of this Act.
(5) Any person associated under sub-section (4) shall have the right to take part
in the discussion of the Authority relevant to the purpose for which he has
been associated, but he shall not be entitled to vote.
(6) The terms of office of the nominated members under clause (k) and (l) of
sub-section (2) of this section shall be such as the State Government may
determine by order :
Provided that the State Govern ment may anytime for the reasons
recorded in writing terminate membership of the nominated member before
expiry of the term so determined under this sub-section.
(7) The nominated member of the Authority may anytime by writing under his
hand addressed to the State Government resigned from his office, and on
such resignation being accepted he shall be deemed to have vacated his
office.
(8) No act or proceedings of the Authority shall be invalid merely by reason of
the existence of any vacancy in, or defec t in the constitution thereof or any
irregularity in the procedure thereof not affecting the merits of the case.
----------------------------------------
1- Substituted by section 2 of Uttarakhand Act no 17 of 2022.
Staff of the
Authority
5. (1) The State Government may appoint suitable person as the Chief Executive
Officer of the Authority who shall exercise such powers and perform such
duties as may be prescribed.
1{(a) The State Government may be appoint suitable person as a Chief
Executive Officer of the authority who shall discharge all the function of
the body under the provision of this Act.
(b) For fulfillment of the purpose of the body, the Chief Executive
Officer shall act as the head of the department of t he body and shall
perform administrative and managerial work under the rules laid down by
the body and shall exercise all the financial powers prescribed by the
body.}
(2) The Authority may, with the prior approval of State Government create
such posts, as it considers necessary, for the efficient discharge of its
functions under this Act and may, subject to any rules that may be made in
this behalf, make appointments on such posts and determine the terms and
conditions including designations of persons so appointed.
(3) The qualifications and terms and conditions of service of officers and
employees, appointed under sub -section (2), shall be such as may be
prescribed.
(4) The officers and employees appointed under sub -section (2) shall perform
and discharge functions and duties as may be prescribed.
(5) The Chief Executive Officer and other officers, advisors and employees of
the Authority shall be entitled to receive from the funds of the Authority the
salaries and allowances as may be prescribed.
CHAPTER – III
Functions and Powers of the Special Area Authority
Functions of
the Authority
6. The functions of the Special Area Authority shall be –
(1) to promote and secure tourism development in a planned manner of the
Special Area for which it has been constituted;
(2) to undertake development and prepare a Master plan for the Special area
coupled with preservation of eco-system as a consequence for promotion of
tourism and allied activities;
(3) to implement the plan so prepared after its approval by the State
Government;
(4) for the purpose of implementation of the plan, to acquire land by purchase,
lease, exchange, gift or by any other sort of transfer and to hold, develop,
manage and grant licenses or any other kind of permission with restrictive
covenants as may be prescribed;
(5) to carry out limited building, construction, engineering activities and to
develop resources, infrastructure and other avenues for facilitating tourism
and like including those related to water recourse and its surroundings;
(6) to execute works i n connection with supply of water and electricity and to
provide such utilities and amenities;
------------------------------------------
1- Inserted by section 5 of Uttarakhand Act no 17 of 2022.
(7) to dispose -off sewage and to provide and maintain oth er services and
amenities;
(8) to take steps and perform the duties for development and preservation of
eco- system conducive to tourism, including water sports and gaming with
facilities for the rest & reoccupation with serene atmosphere;
(9) to provide for the management of the Special Area in the same manner as is
done by Nagar Nigam under the Uttar Pradesh Nagar Nigam Adhiniyam,
1959 in its application to State of Uttarakhand adopted vide Adaptation and
Modification Order by the Uttarakhand State;
(10) to otherwise perform all such functions as are necessary or expedient for
the purpose of the planned development of the Special Area and for
purposes incidental thereto :
Provided that the functions specified in clause (10) shall not be
performed unless so required by the State Government.
Powers of the
Authority
7. The Special Area Authority shall-
(1) for the purpose of administration have the powers which a Nagar Nigam
has under the Uttar Pradesh Nagar Nigam Adhiniyam, 1959 vide
Adaptation and Modification Order of the Uttarakhand State ;
(2) for the purpose of taxation have the powers which Nagar Nigam has in
relation to a city under the Uttar Pradesh Nagar Nigam Adhiniyam, 1959
(as applicable in the State of Uttarakhand) vide Adaptation and
Modification Order by the Uttarakhand State.
CHAPTER - IV
Master Plan for Special Area
Preparation of
Master Plan
8. (1) The Authority shall, as soon as may be, prepare a master plan for the
Special area for which it has been constituted;
(2) The Master plan shall-
(a) define the various sectors into which such area may for the purposes of
development, preservation of ecology, promotion of tourism and
indicate the land, water source, hillock and other areas in each sector
proposed to be used and the stages by which any development shall be
carried out;
(b) serve as a basic pattern of framework within which the development
plans for various sectors may be prepared with minimum displacement
of local populace;
(c) indicate projects which can be developed through central / state
schemes or through public private partnership formats.
(3) The master plan may provide for any other matter necessary for the proper
development of such area within the scope of the Act.
(4) Pending preparation of the master plan in accordance wit h the powers
vested in sub -section (1) of section 8, Authority with the approval of the
State Government may impose such restriction on the construction or
development of land falling under the Special Area notified under sub -
section (1) of section 4 which is required for planned development of the
Special area.
(5) Any person shall perform any development or construction activity in the
Special Area after obtaining prior approval of the Authority in a manner as
may be prescribed in the Rules.
Sector Plans 9. (1) Simultaneously with the preparation of the master plan or as soon as may
be thereafter, the Authority shall proceed with the preparation of a sector
plan for each of the sectors referred to in sub-section (2) of section 9.
(2) A sector development plan may –
(a) contain a site-plan and land use -plan for the development of the sector
and show the approximate locations and extent of land uses proposed
in the sector for such things as public buildings, huts, utility structures
and other public wo rks and utilities, roads, housing, recreation,
structures related to sports including water sports and gaming, limited
market facility, schools, hospitals and public and private open spaces
and other categories of public and private uses;
(b) specify the standards of population density and structure density;
(c) show every area in the sector which may in the opinion of the
Authority be required or declared for development or redevelopment
and as tourist attraction spot or sector and in particular, contain
provisions regarding all or any of the following matters, namely --
(i) the division of any site into plots for construction of buildings
without disturbing the eco-system;
(ii) the allotments or reservation of land for roads, open spaces,
gardens, recreation grounds, s chools, markets and other public
purposes;
(iii) the development of any area into a township or colony and the
restriction and conditions subject to which such development may
be undertaken or carried out.
(iv) the construction of building on any site and the restric tions and
conditions in regard to the open spaces to be maintained in or
around buildings and height and character of building;
(v) the alignment of buildings of any site;
(vi) the architectural features of the elevation or frontage of any
buildings to be constructed on any plot or site;.
(vii) the number of residential buildings which may be constructed in
any sector on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on
such site whether before or after the construction of buildings an d
the person or authority by whom or at whose expense such
amenities are to be provided;
(ix) the prohibitions or restrictions regarding construction of shops,
workshops, warehouses or factories or buildings of a specified
architectural feature or buildings des igned for particular purposes
in the locality;
(x) the maintenance of walls, fences, hedges or any other structural
architectural construction and the height at which they shall be
maintained;
(xi) the restrictions regarding the use of any site for purposes other
than construction of buildings;
(xii) landscape preservation, development and modernization,
balancing the human habitation with nature around;
(xiii) any other matter which is necessary for the proper development of
sector or any portion thereof according to the plan.
Procedure for
preparation of
plan and
submission of
the same
10. (1) Before preparing any master plan under section 8 or 9 finally, the Authority
shall prepare a draft plan and publish a notice in such form and manner as
may be prescribed, inviting objections and suggestions by such date being
not less than thirty (30) days from the date of the publication of the notice,
as may be specified in the notice.
(2) The Authority shall also give reasonable opportunity to every local
authority, within whose local limits any land touched by the plan is
situated, to make any representation with respect to the plan.
(3) After considering all such objections, suggestions and repr esentations as
may be received, the Authority shall finally prepare the plan in cons ultation
with Bhagirathi River Basin Development Authority constituted under sub -
section (1) of section 3 of the Uttarakhand River Valley (Development and
Management) Act, 2005 for the area falling in the Command Area under
clause (f) of section 2 of the a foresaid Act and submit it to the State
Government for its approval.
(4) The State Government may either approve the plan without modification or
with such modifications as it may consider necessary or reject the plan with
directions to the Authority to pr epare a new plan according to such
directions.
(5) Upon notification of the master plan under section 11, such master plan
shall be deemed to be finalized in accordance with this Act and also in
accordance with the Uttaranchal River Valley (Development and
Management) Act, 2005.
Date of
commencement
of plan
11. Immediately after a plan has been approved under section 10, the State
Government shall cause it to be published in the Gazette and in such other
manner as may be prescribed and the plan shall com e into operation with
effect from the date of its publication in the Gazette.
Amendment
of plan
12. (1) The Authority may, with the approval of the State Government, make such
amendments in the plan prepared under section 8 or 9 as it thinks fit.
(2) The Provisions of sections 8, 9 and 10 shall, mutatis mutandis apply to any
amendment made under this section.
CHAPTER - V
Development of Lands
Development
of land around
Special Area
13. (1) After the establishment of the Authority no development of land shall be
undertaken or carried out or continued in that area by any person or body
including a department of Government or any undertaking in public or
private sector, unless, permission for such development has been obtained
in writing from the authority in accordance with the provisions of this Act.
(2) After the coming into operation of any of the plans in any such area no
development shall be undertaken or carried out or continued in that area
unless such development is also in accordance with such plans.
Application for
permission and
Appeal
14. (1) Every person or body desiring to obtain the permission referred to in
section 13 shall make an application in writing to the Authority in such
form and containing such particulars in respect of the development to which
the application relates as may be prescribed.
(2) Every application under sub -section (1) shall be accompanied by such fee
as may be prescribed by the regulations.
(3) On the receipt of an application for permission under sub -section (1), the
Authority or such person as may be authorised by it in this behalf after
making such inquiry as is considered necessary in relation to any matter
specified in clause (c) of sub -section (2) of section 9 or in relation to any
other matter, shall, by order in writing, either grant the permission, subject
to such conditions, if any, as may be specified in the order or refuse to grant
such permission :
Provided that before making an order refusing such permission, the
applicant shall be given a reasonable opportunity to show cause :
Provided further that the Authority may, before passing any order on
such application, give an opportunity to the applicant to make any
correction therein or to supply any further particulars or documents or to
make good any deficiency in the requisite fee with a view to bringing it in
conformity with the relevant rules or regulations.
(4) (a) Where permission is refused, the grounds of such refusal shall forthwith
be recorded in writing and communicated to the applicant.
(b) Any person aggrieved by an order under sub -section (4) may appeal to
the State Government against that order within thirty (30) days from
the communication thereof and the State Government may pass such
orders as it thinks fit.
(c) The Authority shall keep in such form as may be prescribed a register
of application for permission under this section.
(d) The said register shall contain such particulars, including information
as to the manner in which application for permission have been dealt
with, as may be laid down in the regulations, and shall be available for
inspection by the public at all reasonable hours on payment of such fee
as may be laid down in the regulations.
Uses of land
and buildings
in contraven-
tion of Plans
15. After coming i nto operation of any of plan in a sector, no person shall use
or permit to use any land or building in that sector otherwise than in
conformity with such plan:
Provided that it shall be lawful to continue to use, upon such terms
and conditions as may be pr escribed, any land or building for and to the
extent for and to which it is being used upon the purpose on the date on
which such plan comes into force.
CHAPTER - VI
Acquisition and Disposal of land
Compulsory
acquisition of
land
16. (1) If in the opinio n of the State Government, any land is required for the
purpose of development or for any other purpose under this Act, the State
Government may acquire such land under the provisions of the Land
Acquisition Act, 1984 :
Provided that the Authority shall al so have the power to take steps for
the compulsory acquisition of any land or any interest therein required for
the execution of master plan after its approval by the State Government or
for performing any other duties or functions of the Authority and suc h
acquisition of any land or any interest therein shall be deemed to be
acquisition for a public purpose within the meaning of the Land Acquisition
Act :
Provided further that any person from whom any land is so acquired
may, after the expiration of a p eriod of five (5) years from the date of such
acquisition, apply to the State Government for restoration of that land to
him on the ground that the land has not been utilized within the period for
the purpose for which it was acquired, and if the Government is so satisfied
it shall order restoration of the land to him on re -payment of the charges
which were incurred in connection with the acquisition together with
interest at the rate of twelve percent (12%) per annum and such
development charges, if any, as may have been incurred after acquisition.
(2) Where any land has been acquired by the State Government, it may, after it
has taken possession of the land, transfer the land to the Authority for the
purpose for which the land has been acquired on payment by such
Authority of the compensation awarded under that Act and of the charges
incurred by the State Government in connection with the acquisition or
otherwise as deemed appropriate by the State Government.
Contractual
acquisition of
land
17. Notwithstanding anything in section 16, where any land is needed for the
purpose of a master plan or for performing any other duties or functions of
the Authority, the Authority may enter into an agreement with any person
for the acquisition by purchase, lease or exchange, or otherwise of his rights
and interests in such land either wholly or in part, on payment of an amount
proportionate to the loss or deprivation caused to the enjoyment of the land.
Disposal of
Land by the
Authority
18. (1) Subject to any direc tions given by the State Government in this behalf, the
Authority may dispose off any land acquired by the State Government and
transferred to it, without undertaking or carrying out any development
thereon, or any such land after undertaking or carrying o ut such
development as it think fit to such persons, in such manner, and subject to
such terms and conditions as it considers expedient for securing the
development of the Special areas according to plan.
(2) Nothing in this Act shall be construed as enabling such 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 by way of sale, exchange or lease with respect to residential
sector and by way of Lease or License for commercial sector and rest
merely on Leave and License or by the creation of any easement, right or
privilege or otherwise not transferring any absolute right.
CHAPTER - VII
Finance, Accounts and Audit
Fund of the
Authority
19. (1) The Authority shall have and maintain its own fund to which shall be
credited :--
(a) all moneys received by the Authority from the State Government or
the Central Government by way of grants, loans, advanced or
otherwise;
(b) all moneys borrowed by the Authority from sources other than the
State Government or the Central Government by way of loans or
debentures;
(c) all fees, tolls, cess and charges and like received by the Authority
under the Act;
(d) all moneys received by t he Authority from the disposal of lands,
buildings and other properties movable and immovable; and
(e) all moneys received by the Authority by way of rents and profits or
in any other manner or from any other source.
(2) The fund shall be applied tow ards meeting the expenses to be incurred by
the Authority in the administration of this Act and for no other purposes.
(3) Subject to any directions of the State Government, the Authority may keep
in current account of any Scheduled Bank such sum of money out of its
funds as it may think necessary for meeting its expected current
requirements and invest any surplus money in such manner as it thinks fit.
(4) The state Government may, after due appropriation made by Legislature by
law in that behalf, make such grants, advances and loans to the Authority as
that Government may deem necessary for the performance of the functions
of the authority under this Act, and all grants, loans and advances, made
shall be on such terms and conditions as the State Governme nt may
determine.
(5) The Authority shall maintain a sinking fund for the repayment of money
borrowed under sub -section (3), and shall pay every year to the sinking
fund such sum as may be sufficient for repayment within the period fixed,
of all money so borrowed.
(6) The sinking fund or any part thereof shall be applied in, or towards, the
discharge of the loans for which such fund was created, and until such loans
are wholly discharged, it shall not be applied for any purpose.
Power of
Authority to
Borrow
20. (1) The Authority may, from time to time, subject to the provisions of this Act,
borrow any sum by way of loan, debentures, bonds, whether secured or not,
from the Central Government or State Government or such other
sources including Banks and financial Institutions.
(2) The rules made by the State Government for the purposes of this section
may empower the Authority to borrow by the issue of debentures and to
make arrangements with bankers.
(3) All debentures issued by the Authority shall be in such form as the
Authority, with the sanction of the State Government, may from time to
time determine.
(4) Loans borrowed and debentures issued under this section may be
guaranteed by the State Government as to the repayment of principal and
the payment of interest at such rate as may be approved by the State
Government.
(5) The Authority shall, if so required, have power to create security over its
property by way of mortgage, charge or as the case may be for availing the
Loan from Banks and financial Institutions or for issuing the debentures
with the prior approval of the State Government.
(6) The Authority may also invest its funds in Banks, financial institutions or
such other securities as may be approved, notified by the Government for
the purpose.
Budget of the
Authority
21. The Authority shall prepare in such from and at such time every year as the
State Government may specify, a budget in respect of the financial year
next ensuing, showing the estimated receipts and expenditure of the
Authority.
Accounts and
Audit
22. (1) The 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 State Government may specify.
(2) The accounts of the Auth ority shall be subject to audit as per the
Uttarakhand Audit Act, 2012 :
Provided that in addition to the audit as per the Uttarakhand Audit
Act, 2012, the State Government may get the audit done from Comptroller
and Auditor General of India as per the Com ptroller and Auditor General’s
(Duties, Power and Conditions of Service) Act, 1971 or on such terms and
conditions, in such manner, for such period and at such time as may be
agreed upon between him and the State Government.
(3) The accounts of the Author ity, audited as per sub -section (2) above,
together with audit report thereon shall be forwarded annually to the State
Government who may issue such directions to the authority as deemed fit
and the Authority shall be bound to comply with such directions.
Annual Report 23. The authority shall prepare for every year a report of its activities during
that year and submit a report to the State Government in such form and on
or before such date as State Government may specify.
Pension
and Provident
Fund
24. (1) The authority may constitute for the benefit of its whole time paid members
or its officers and other employees in such manner and subject to such
conditions, as the State Government may specify, such pension and/or
provident funds and/or schemes o f group insurance and /or any other
superannuation benefit as may deem fit.
(2) Where any such pension or provident fund has been constituted, the State
Government may declare that the provisions of the provident Funds Act,
1925, shall apply to such fund as if it were a Government Provident Fund.
CHAPTER – VIII
Public Private Participation
Power of State
Government to
enter into
agreements for
development
and Promotion
25. (1) Notwithstanding anything contained in this Act, the state Government may
enter into an agreement with any person in relation to the development,
maintenance and promotion of Tourism of the whole or any part of the
Special Area on such terms and conditions as deemed appropriate in
accordance w ith this Act, Rules, Regulations thereto and Scheme for the
of Tourism by
Private
Participation
purpose made in pursuance to this Act.
(2) The person referred to in sub-section (1) is entitled to collect and retain fees
at such rate, for services or benefits rendered by him as the State
Government may, by notification in the Official Gazette, specify having
regard to the expenditure involved in development, building, maintenance,
management and operation of the whole or part of such Special Area,
interest on the capital invested, reasonable r eturn, the number of Tourists,
Tourist activities and the period of such agreement.
(3) A person referred to in sub -section (1) shall have powers to regulate and
control the Tourist related activities in accordance with the provisions not
contrary to this Act, Rules, Regulations and Scheme as may be framed
under this Act forming subject -matter of any such Public Private
Partnership agreement, for proper management thereof.
CHAPTER – IX
Supplemental Provisions
Powers of
entry
26. Subject to any rules that may be made in this behalf, the authority may
authorize any person to enter into or upon any land or building with or
without assistants or workmen for the purpose of --
(1) making any inquiry, inspection measurement or survey or taking levels of
such land or building;
(2) examining works under construction and ascertaining the course of sewers
and drains;
(3) digging or boring into the sub-soil;
(4) setting out boundaries and intended lines of work;
(5) making such levels, boundaries and lines by placing marks and cutt ing
trenches;
(6) ascertaining whether any land is being or has been developed in
contravention of the Development plan or in contravention of any
condition subject to which permission has been granted, or doing any other
thing necessary for the efficient administration of this Act.
Explanation-- Every person authorized to enter into or upon any land or
building under this section, shall while so acting in pursuance of such
authority be deemed to be a public servant for the purposes of section 21 of
the Indian Penal Code.
Order of
demolition of
building
27. (1) Where any development has been commenced or is being carried on or has
been completed in contravention of the master plan or sector plan or
without the permission, approval or sanction referred to in section 14 or in
contravention of any conditions subject to which such permission, approval
or sanction has been granted, then without prejudic e to the provisions of
section 26 the authority may make an order, directing that such
development shall be removed by demolition, filling or otherwise by the
owner thereof or by the person at whose instance the development or has
been commenced or is being carried out or has been completed, within such
period not being less than fifteen days as may be specified in the order and
on his failure to comply with the order, may remove or cause to be removed
such development and expenses of such removal shall be recoverable from
the owner or the person at whose instance the development was
commenced or was being carried out or was completed, as arrears of land
revenue and no suit shall lie in the Civil Court for recovery of such
expenses:
Provided that no such order shall be made unless the owner or the
person concerned has been given a reasonable opportunity to show cause
why the order should not be made.
(2) The provisions of this section shall be in addition to and not in derogation
of any other provisions relating to demolition of buildings contained in any
other law for the tune being in force.
(3) Any person aggrieved by an order passed under sub -section (1) may within
thirty days from the date of such order, prefer an appeal to the Secretary,
Tourism, State Government and the decision of the Secretary, Tourism,
State Government in such appeal shall be final.
(4) The provisions of the Code of Civil Procedure, 1908, shall mutatis
mutandis apply to the hearing and disposal of any appeal under this section,
as if It were an appeal from original decree under the Code.
(5) It shall be lawful for the Secretary T ourism, State Government to pass such
interlocutory or interim orders including stay of operation of the order
appealed against, as he considers necessary for the ends of justice.
Power to stop
development
28. (1) Where any development has been commenc ed or continued in
contravention of the master plan or sector plan or without the permission,
approval or sanction referred to in section 15 or in contravention of any
condition subject to which such permission, approval or sanction has been
granted, then, without prejudice to the provisions of sections 27 and 28, the
Authority or such officer as may be authorized by it in this behalf, may
make an orders requiring the development to be discontinued on and from
the date of the service of the order, and suc h order shall be complied with
accordingly.
(2) Where such development is not discontinued in pursuance of the order
under sub-section (1) the Authority, or such officer may require any police
officer to remove the person by whom the development has been
commenced and all the assistants and workmen from the place development
within such time as may be specified in the requisition and such police
officer shall comply with the requisition accordingly.
(3) Any person failing to comply with an order under sub -section (1) or sub -
section (2) shall be punishable as prescribed by the Government.
(4) No compensation shall be admissible to any person for any damage which
he may sustain in consequence of the removal of any development under
section 26 or the discontinuance of the development under this section.
(5) The provisions of this section shall be in addition to and not in derogation
of other provision relating to stoppage of building operation contained in
any other law for the time being in force.
Power of the
Authority to
provide amenity
or
carry out
development at
the cost of
owner in the
event of his
default and to
levy cess in
29. (1) If the Authority is satisfied that any amenity has not been provided but
which ought to be pro vided or that any development of the land for which
permission, approval or sanction had been obtained under this Act or under
any law in force before the commencement of this Act has not been carried
out, it may after affording the owner of the land or the person providing or
responsible for providing the amenity a reasonable opportunity to show
cause, by order require him to provide the amenity or carry out the
development within such time as may be specified in the order.
(2) If any amenity is not provided or any such development is not carried out
certain cases within the time specified In the order, then the Authority may itself provide
the amenity or carry out the development or have it provided or carried out
through such agency as it deems fit:
Provided that before taking any action under this sub -section, the
Authority shall afford a reasonable opportunity to the owner of the land or
to the person providing or responsible for providing the amenity to show
cause as to why such action should not be taken.
(3) All expenses incurred by the Authority or the agency employed by it in
providing the amenity or carrying out the development together with
interest at such rate, as the State Government may, by order fix from the
date when a demand for the expense s is made until payment may be
recovered by the Authority from the owner or the person providing or
responsible for providing the amenity as arrears of land revenue, and no suit
shall lie in the Civil Court for recovery of such expenses.
(4) The expenses incurred by the Authority or the agency employed by it under
this section shall be certified by such Authority and such certificate shall
be, final.
Powers of
Authority to
require local
authority to
assume
responsibilities
in certain
cases
30. Where any area has been developed by the Authority, may require the local
authority within whose local limits the area so developed is situated, to
assume responsibility for the maintenance of the amenities which have been
provided in the area by the Authority and for the provisions of the amenities
which have not been provided by the Authority but which in its opinion
should be provided in the area, on terms and conditions agreed upon
between the Authority and that local authority, and where such terms an d
conditions cannot be agreed upon, then on a reference of the matter to the
State Government by the Authority or, terms and conditions settled by the
State Government in consultation with the local authority.
Betterment
charge
31. Where in the opinion o f the Authority, as a consequence of any
development scheme having been executed by it in any special
development area, the value of any property, in that area which has been
benefited by the development, has increased or will increase, such
Authority shall be entitled to levy in such manner as may be prescribed
upon the owner of the property or any person having an interest therein a
betterment charge at such rate as may be prescribed in respect of the
increase in value of the property resulting from the execution of the
development :
Provided that no bettExcerpt shown. Open the full act in Lexace.