The Uttarakhand Special Provisions for Urban Bodies and Authorities Act,

 
 
The Uttarakhand Special Provisions for Urban  Bodies and Authorities 
Act, 2018 
[Uttarakhand Act No.  33 of  2018] 
                                                                        
An 
Act 
to provide for unauthorised development, encroachment in Uttara khand and 
matters connected therewith or incidental thereto.  
 
         Be it enacted by the Uttarakhand State Legislative Assembly in the Sixty 
ninth year of the Republic of India as follows- 
 
CHAPTER-I 
PRELIMINARY 
 
Short title, 
extent & 
commencement 
1. (1) This Act  may be called “the Uttarakhand  Special 
Provisions f or Urban Bodies and Authorities  Act, 
2018”. 
(2) It extend s to all Urban Local Bodies/ Authorities of 
the State. 
(3) It shall come into force at once. 
Definitions 2. 
 
 
 
 
 
 
 
In this  Act, unless there  is any thing repugnant in the 
subject or context:- 
(a) “Act” means ‘the Uttarakhand Special Provisions 
for Urban Bodies and Authorities Act,2018’;  
(b) “Competent Authority”  means Executive officer 
in case of Nagar P anchayat a nd Municipality area 
and Municipal C ommissioner in Municipal 
Corporation and Chairman of the Authority in 
Authority;  
(c) “Encroachment” means encroachment in public 
land/Government land, road, street, pave ments etc. 
for residential, commercial or other use and 
temporary, semi -permanent or permanent 
construction with in the area of Urban body which 
has been done in contravention of the master plan/ 
Scheme applicable in that area;    
 
 
 
(d)  “Punitive action”  means action taken by a local 
authority under the relevant law against 
unauthorized development wherein demolition, 
sealing of premises and displacement of persons or 
their business establishme nt from their existing 
location has been done in compliance of Court or 
otherwise; 
(e) “Rules” means ‘the Uttarakhand Special Provisions 
for Urban Bodies and Authorities Ru les,2018’, but 
“The Uttarakhand Reforms, Regularization, 
Rehabilitation, Resettlement and Provisions related 
thereto and Prevention of Encroachment of the 
Slums located in Urban Local bodies of the State 
Rules, 2016”  shall remain in force till the 
promulgation of Rules made under this Act; 
(f) “Slum” means those areas located within the local 
bodies which, due to excessive population density , 
unplanned construction, lack of basic facilities and 
lack of tenancy rights, are unfit for human 
habitations in view of  health and security. It also  
includes such habitations which are  notified as 
slums by the State Government for the  above any 
one or more  factors; 
(g) “Unauthorized development”  means such use of 
land or use of building and construction of building 
which are not relevant to the sanctioned plans or 
without obtaining the sanction from Competent 
Authority  or in contravention of the Master Plan or 
Zonal Plan or lay out plan, or as the case may be, 
and it also includes encroachment;  
(h) “Urban Body”  means such autonomous body 
which is defined under A rticle 12 and Constituted 
under Article 243Q of the Constitution of India and  
it includes Nagar Nigam, Nagar Palika Parisad and 
Nagar Panchayat.   
 
 
Overriding 
effect of the Act  
3. The provisions of this Act shall have eff ect 
notwithstanding anything inconsistent therewith contained 
in the any other law for the time being in force or in any 
instrument having effect on basis of any other law other 
than this Act. 
CHAPTER-II 
PROCEEDING BY STATE GOVERNMENT AND POWER TO GIVE 
DIRECTION 
Enforcement to 
be kept in 
Abeyance  
4. (1) The State Government may, within a period of 3 
years from the enforcement  of this Act, make all 
possible efforts to deal with the problems like 
unauthorized construction and encroachment done in 
the f orm of s lums and jhuggi-jhopris, so that the 
development of Urban  Bodies of Uttarakhand State 
takes place in a sustainable and planned manner. 
(2) Status quo may be maintained according to the 
situations as on dated  11.03.2016 in the matters 
described in sub-section (1) in addition to the 
matters related to any Judgment, decree and orders 
of the courts under the provisions given in sub -
section (1). 
(3) Any punitive action in  consequence of all notices 
issued by any local body/authority in the related 
matters of unauthoriz ed construction referred to in 
sub-section(1), shall be suspended for further 1[six 
years] from the commencement of this Act and no 
punitive action shall be taken during this  period. 
The provisions 
of this Act not to 
apply in certain 
cases 
5. After the enforcement of this Act, there shall be no 
relaxation under the provisions of S ection 4 for the  
unauthorized development of the following categories-  
(1) any kind of unauthorised construction started and is 
under construction after dated 11.03.2016. 
(2) any encroachment on public land which is not covered 
from sub-section (1) of section 4. 
(3) encroachment/unauthorized construction/ development 
on public roads/ pavements/ footpaths and streets/ and 
track .   
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1- Subs. by section 2 of UK Act no 24 of 2021. 
 
 
 
Power of State 
Government to 
give directions 
6. The State Government may, from time to time, give such 
directions to Urban Local Bodies and Authorities as it 
may deem s fit. It shall be compulsory for  the Urban 
Bodies and Authorities, to comply with directions  issued 
under this Act.  
CHAPTER-III 
MISCELLANEOUS 
Protection of 
action taken 
in good faith 
7. No suit, prosecution or other legal proceeding sh all lie 
against any officer of S tate Government or any person  
exercising any powers or performing any duties under this 
Act, for anything in good faith or intended to be done under 
this Act or any rule or order made thereunder.  
Power to 
make rules 
8. The State Government may by notification, make rules for 
carrying out the purposes of this Act.  
Power to 
remove 
Difficulties 
9. (1) If any difficulty arises in implementation of the 
provisions of this Act, the State Government may, by 
order published in the official Gazette, make such 
provisions not inconsistent with  the provisions of this 
Act and as may appear to it to be necessary or exped ient 
for removing the difficulties: 
                   Provided that no such order shall be made after 
the expiry of a period of two years from the date of 
commencement of this Act.  
(2) Every order made under this Section shall as soon as may 
be after it is m ade, be  laid before the State Le gislative 
Assembly.  
Repeal and 
Saving 
10. (1) The Uttarakhand (Special Provisions for Urban Local 
Bodies and Authorities) Ordinance, 2018 is hereb y 
repealed.  
(2) Notwithstanding such repeal anything done or any 
action taken under the said Ordinance shall be deemed 
to have been done or taken under the corresponding 
provisions of this Act. 
 
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