Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965

Chapter: I - Preliminary

Section 1 - Short title, extent and commencement

  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 appointed for different areas of Uttar Pradesh.

    Section 2 - Definitions

    In this Act, unless the context otherwise requires -

    (a) "Adhyaksh" means the Adhyaksh of the Board;

    (b) "appointed day" in relation to any 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) "Board" means the Uttar Pradesh Avas 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 verandah, 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 Adhniyam, 1959 (U.P. Act No. II of 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 (U. P. Act No. II of 1916);

    (k) "Nagar Mahapalika" means a Nagar Mahapalika established under Section 4 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No. II of 1959);

    (l) "notified area" means a notified area as defined in sub-section (2) of Section 337 of the U.P. Municipalities Act, 1916 (U.P. Act No. II of 1916);

    (m) "premises" means any building or part of building, and includes- (i) any garden, grounds, land and out-houses appertaining 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 appointed by the State Government by notification in the Gazette to perform all or any of the functions of a prescribed authority under this Act;

    (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 declared or defined under Section 3 of the U.P.Town Area Act, 1914 (U.P. Act No. II) of 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 clauses (f), (g) and (j), references to a `City', or `municipality' shall be construed as including references to areas lying within a distance of five kilometers beyond the limits of such City or municipality.

    Chapter: II - Establishment and conduct of business of the Board

    Section 3 - Constitution of the Board

    (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, having perpetual succession and common seal and may sue and be sued in its corporate name and shall 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 (Act I of 1894), the Local Authorities Loans, Act, 1914 (Act IX of 1914) and any other law for the time being in force the Board shall be deemed to be 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 offices at such places as it may consider necessary or be directed by the State Government.

    (5) The Board shall consist of an Adhyaksh, who shall ordinarily be a non-official, appointed by the State Government, and the following members;

    (a) six non-official members, appointed by the State Government, of whom one shall be the Nagar Pramukh of a Nagar Mahapalika and too shall be members of the State Legislature, one from each House thereof;

    (b) the Secretary, Finance Department, Government of Uttar Pradesh, ex-officio;

    (c) the Secretary, Housing Department, Government of Uttar Pradesh, ex-officio;

    (d) the Secretary, Local Self-Government Department, Government of Uttar Pradesh, ex-officio, unless he has been appointed as Secretary, Housing Department

    (e) the Chief Engineer, Town and Village Planning Department, Uttar Pradesh, ex-officio;

    [(f) the Managing Director, Uttar Pradesh Jal Nigam, Lucknow, ex-officio;];

    [(ff) the Director, Central Building Research Institute, Roorkee, ex-officio;];

    (g) the Housing Commissioner, ex-officio, unless he has been appointed as Adhyaksh

    (6) An officer reffered 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 reffered to in clause (a) of sub-section (5) shall be notified in the Gazette.

    Section 4 - Disqualifications for being Adhyaksh or member, etc.

    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) in an undercharged 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 of profit under the Board;

    (e) has directly or indirectly, by himself or by any partner, 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 or 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 exceeding ten thousand rupees in any one year, of any article in which he or the company regularly trades.

    Explanation. - A person shall not be deemed to have any share or interest in any contract or employment 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.

    Section 5 - Term of office of Adhyaksh and non-official members

    (1) The Adhyaksh, unless he is the Housing Commissioner, or a non-official member of the Board shall hold office for three years 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 office of Nagar Pramukh.

    (2) The Adhyaksh or a non-official member may it any 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.

    Section 6 - Provisions regarding office of Adhyaksh

    (1) The Adhyaksh 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 the period of such vacancy, and such person shall be paid from the Board's fund such remuneration as may be fixed in this behalf. The person so appointed shall for the purposes of this Act be deemed to be Adhyaksh.

    Section 7 - Provisions relating to Housing Commissioner

    (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 Government may also appoint the Housing Commissioner as an authority under any other law for the time being in force.

    Section 8 - Appointment of officers and servants

    (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...

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