• This Act may be called the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.
• It extends to the whole of Uttar Pradesh excluding cantonment areas.
• 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.

In this Act, unless the context otherwise requires -

• "Adhyaksh" means the Adhyaksh of the Board ;
• "appointed day" in relation to any area, means the day on which this Act comes into force in that area ;
• "betterment fee" means the fee leviable under Chapter IV ;
• "Board" means the Uttar Pradesh Avas Evam Vikas Parishad established under this Act ;
• "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 ;
• "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;
• "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) ;
• "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth ;
• "Master Plan" means a Master Plan prepared under any law for the time being in force ;
• "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) ;
• "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) ;
• "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) ;
• "premises" means any building or part of building, and includes-
  • any garden, grounds, land and out-houses appertaining to such building or part ; and
  • any fittings affixed to such building or part for the more beneficial enjoyment thereof ;
• "prescribed" means prescribed by rules ;
• "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 ;
• "regulations" means regulations made under this Act ;
• "rules" means rules made under this Act ;
• "State Government" means the Government of Uttar Pradesh ;
• "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 ;
• "Tribunal" means a Tribunal Constituted under Section 64 ;
• "Unit" means a Housing Unit established under Section 9 ; and
• 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.

• The State Government shall by notification in the Gazette establish a Board to be called the Uttar Pradesh Avas Evam Vikas Parishad
• 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
• 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
• 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.
• The Board shall consist of an Adhyaksh, who shall ordinarily be a non-official, appointed by the State Government, and the following members;
  • 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;
  • the Secretary, Finance Department, Government of Uttar Pradesh, ex-officio ;
  • the Secretary, Housing Department, Government of Uttar Pradesh, ex-officio;
  • the Secretary, Local Self-Government Department, Government of Uttar Pradesh, ex-officio, unless he has been appointed as Secretary, Housing Department
  • the Chief Engineer, Town and Village Planning Department, Uttar Pradesh, ex-officio ;
  • the Managing Director, Uttar Pradesh Jal Nigam, Lucknow, ex-officio ; ] ;
  • the Director, Central Building Research Institute, Roorkee, ex-officio; ] ;
  • the Housing Commissioner, ex-officio, unless he has been appointed as Adhyaksh
• 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.
• The appointment of the Adhyaksh and the members referred to in clause (a) of sub-section (5) shall be notified in the Gazette.

A person shall be disqualified for being chosen as and for being the Adhyaksh or a member of the Board if he -

• has been, convicted of an offence involving moral turpitude :
• in an undercharged insolvent ;
• is of unsound mind and stands so declared by a competent court ;
• holds, except as provided in Sections 6 and 7, any office of profit under the Board ;
• 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
• 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-

• any sale, purchase, lease or exchange of immovable property or any agreement for the same ;
• any agreement for loan of money or any security for payment of money only ;
• any newspaper in which any advertisement relating to the affairs of the Board is published;
• 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.

• 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.
• 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.

• The Adhyaksh unless he is the Housing Commissioner, shall be paid from the Board's fund such remuneration as may be prescribed.
• 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.

• There shall be a Housing Commissioner appointed by the State Government for the purposes of this Act.
• The conditions of service of the Housing Commissioner shall be such as may be prescribed. He shall be remunerated from the Board's fund.
• 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.
• The State Government may also appoint the Housing Commissioner as an authority under any other law for the time being in force.

• 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 servants as it considers necessary for the efficient performance of its functions.
• 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.

• 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.
• Every Unit shall from part of the establishment of the Board and shall consist of such officers and servants as maybe considered necessary by the Board.
• Every Unit shall be under the charge of an officer who shall be under the administrative control of the Housing Commissioner and shall also exercise, perform and discharge such powers, duties and functions as may be delegated to his under Section 12.
• So 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.

• 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.
• The Chairman of the Avas Samiti shall be -
  • in the case of a City, the Nagar Pramukh of the Nagar Mahapalika thereof ;
  • in the case of a municipality, the president of the municipal board thereof ;
  • in the case of any other area (which may include a municipality or part thereof), the President or Chairman of any local authority having jurisdiction in that area, to be appointed by the State Government.
• The Board shall consult the Avas Samiti concerned on such matters as may be prescribed and may also consult it on any other matter.

• 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.

• Subject to the provisions of this Act and the rules, the Board may be 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 Housing Commissioner or any officer of the Board such of its powers and duties under this Act, as it may deem necessary.
• Subject to the provisions of this Act and the rules, the Housing Commissioner maybe general or special order delegate, either unconditionally or subject to such conditions, including the condition of review by himself, as may be specified in the order, to any 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.

• A member of the Board or of an Avas Samiti or of a committee appointed by the Board who-
• Has any share or interest of the nature described in clause (e)or clause(f) of section 4 in respect of any matter, or
• 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 Samiti or committee relating to such matter.
• 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 proposed to acquire land for any 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.
• 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 in those sub-sections.

• No act done or proceeding taken under this Act by the Board, an Avas Samiti or a committee appointed by the Board shall be invalidated merely on the ground of -
  • Any vacancy or defect in the constitution of the Board, Avas Samiti or Committee ; or
  • Any defect or irregularity in the appointment of a person acting as a member thereof; or
  • Any defect or irregularity in such act or proceeding not affecting the substance.

• to frame and execute housing and improvement schemes and other projects.
• to plan and co-ordinate various housing activities in the State and to ensure expeditious and efficient implementation of housing and improvement schemes in the State ;
• to provide technical advice for and scrutinize various projects under housing and improvement schemes sponsored or assisted by Central Government or the State Government ;
• to assume management of such immovable properties belonging to the State Government as may be transferred or entrusted to it for this purpose ;
• to maintain, use, allot, lease, or otherwise transfer plots, buildings and other properties of the Board or of the State Government placed under the control and management of the Board.
• to organize and run workshops and stores for the manufacture and stockpiling of building materials;
• on such terms and conditions as may be agreed upon between the Board and the State Government, to declare houses constructed by it in execution of any scheme to be houses subject to the U.P. Industrial Housing Act, 1955 (U.P. Act No. XXIII of 1955) ;
• to regulate building operations ;
• to improve and clear slums ;
• to provide roads, electricity, sanitation, water supply and other civic amenities and essential services in areas developed by it ;
• to acquire movable and immovable properties for any of the purposes before mentioned ;
• 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 corporations, housing co-operative societies and other persons for any of the purposes before mentioned ;
• 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 the State Government.
• to levy betterment fees ;
• to fulfill any other obligation imposed by or under this Act or any other law for the time being in force ; and
• to do all such other acts and things as may be necessary for the discharge of the functions before mentioned.

• to promote research for the purpose of expediting the construction of and reducing the cost of buildings ;
• 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 ;
• to supply and sell building materials ;
• to co-ordinate, simplify and standardize the production of building materials and to encourage and organize the prefabrication and mass production of structural components ;
• with a view to facilitating the movement of the population in and around any city, municipality, town area or notified area, to establish, maintain and operate any transport service, to construct, widen, strengthen or otherwise improve roads and bridges and to give financial help to others for such purposes ;
• to do all such other acts and things as may be necessary for the discharge of the functions before mentioned.

• A housing or improvement scheme may be framed by the Board of its own motion or at the instance or a local authority and shall be framed when so directed by the State Government.
• The Board may refuse to frame and execute a housing or improvement scheme at the instance of a local authority if the Board is satisfied that such scheme is unnecessary or not feasible or that the funds at its disposal do not permit the framing or execution of such scheme, and intimate its refusal to the authority. The Board shall intimate its decision within one year from the date of receipt of the request from the local authority that a scheme be framed.
• Any local authority aggrieved by the refusal of the Board under sub-section (2) may, within two months from the date of receipt of the intimation, appeal to the State Government who may pass such orders thereon as it thinks fit and the Board shall give effect to such orders.

Notwithstanding anything contained in any other law for the time being in force, and without prejudice to other provisions of this Chapter, a housing or improvement scheme may provide for all or any of the following matters, namely -

• the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;
• the laying or re-laying out of any land comprised in the scheme ;
• the distribution or redistribution of sites belonging to owners of the property comprised in the scheme ;
• the improvement or clearance of dwellings or portions of dwellings unfit for human habitation ;
• the demolition of buildings or portions of building causing obstruction in the proposed lay-out ;
• the construction or reconstruction of buildings ;
• the sale (including sale on hire-purchase basis), lease or exchange of any property comprised in the scheme ;
• the construction or alteration or roads, streets, lanes, bridges, culverts or causeways ;
• the drainage, water supply or lighting of the streets included in the scheme ;
• the provisions of schools, community buildings, parks (including children's parks), swimming pools, playing fields, open spaces and approaches thereto, for the benefit of any area comprised in the scheme or any adjoining area ;
• the making of sanitary arrangements required for the area comprised in the scheme, including the conservations of and the prevention of injury to or contamination of rivers or other sources and means of water-supply ;
• the provisions of accommodation for any class of persons :
• the provisions of facilities for communication and transport ;
• the collection of such information and statistics as may be necessary for the purposes of this Act ;
• the reclamation, development or reservation of lands for markets, commercial and industrial sites, gardens, playing fields and free plantation ;
• the provisions of restaurants, shops, markets fuel depots, laundries, and other amenities in the area comprised in the scheme ;
• the advance of loans for the purposes of the scheme ; and
• any other matter which may be prescribed ;

• the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;
• the laying or re-laying out of any land comprised in the scheme ;
• the distribution or redistribution of sites belonging to owners of the property comprised in the scheme ;
• the improvement or clearance of dwellings or portions of dwellings unfit for human habitation ;
• the demolition of buildings or portions of building causing obstruction in the proposed lay-out ;
• the construction or reconstruction of buildings ;
• the sale (including sale on hire-purchase basis), lease or exchange of any property comprised in the scheme ;
• the construction or alteration or roads, streets, lanes, bridges, culverts or causeways ;
• the drainage, water supply or lighting of the streets included in the scheme ;
• the provisions of schools, community buildings, parks (including children's parks), swimming pools, playing fields, open spaces and approaches thereto, for the benefit of any area comprised in the scheme or any adjoining area ;
• the making of sanitary arrangements required for the area comprised in the scheme, including the conservations of and the prevention of injury to or contamination of rivers or other sources and means of water-supply ;
• the provisions of accommodation for any class of persons :
• the provisions of facilities for communication and transport ;
• the collection of such information and statistics as may be necessary for the purposes of this Act ;
• the reclamation, development or reservation of lands for markets, commercial and industrial sites, gardens, playing fields and free plantation ;
• the provisions of restaurants, shops, markets fuel depots, laundries, and other amenities in the area comprised in the scheme ;
• the advance of loans for the purposes of the scheme ; and
• any other matter which may be prescribed ;

• A housing or improvement schemes shall be of one of the following types, or a combination of two or more of such types or or special features thereof, namely-
  • Grihsthan Yojna (house accommodation scheme) ;
  • Malin Basti Sudhar Aur Nipathan Yojna (slum improvement and clearance scheme) ;
  • Punarvas Yojna (re-housing Scheme) ;
  • Sarak Yojna (Street Scheme) ;
  • Bhavi Sarak Yojna ( deferred street scheme) ;
  • Prasar Yojna (expansion scheme) ;
  • Bhumi Vikas Yojna (land development scheme ) ;
  • Barh Yojna (flood scheme) ;

• The State Government may, on such terms and conditions as it may after consultation with the Board think fit to impose, direct the Board to undertake any housing or improvement scheme of a type not specified in sub-section (1).

• Whenever it appears to the Board-
  • that in any area, any buildings used or intended or likely to be used as dwelling houses are unfit for human habitation, or
  • 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 cause by -
  • the narrowness, closeness or faulty arrangement or design or condition of streets or buildings or groups of buildings in such area, or
  • over-crowding in such area, or
  • want of light, air, ventilation, or of proper conveniences in such area, or
  • any other sanitary defect in such area ,the Board may frame a Malin Basti Sudhar Aur Nipatan Yojana (Slum improvement and clearance scheme) in respect of such area.

• Such scheme may provide for -
  • the reservation of sites for, and the construction and provisions of roads, streets, lanes and open spaces and other amenities, and the enlargements of the existing roads, streets, lanes, open spaces and other amenities in the area ;
  • the re-laying out of the sites of the area ;
  • the acquisition by the Board of any site or building comprised in the area ;
  • the carrying out of and maintenance of works of improvement on lands and buildings in the area ;
  • the regulation of erection, re-erection or alteration of or addition to, buildings in the area ;
  • the alteration or demolition of the existing buildings and their appurtenances on the sites of the area ;
  • the construction of houses and other buildings on the sites of the area ;
  • 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 reconstruction or altering existing buildings or erecting new building in accordance with the scheme.

• Whenever the Board is of opinion that it is necessary to provide accommodation for persons -
  • who are displaced or likely to be displaced by the execution of any housing or improvement schemes under this Act, or
  • whose removal from any area is necessary for relieving congestion in that area,
• the Board may frame a Punarvas Yojna (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.

• Whenever the Boards is of opinion that for the purposes of -(a)
  • providing building sites, or
  • remedying defective ventilation, or
  • creating new or improving existing means of communication and facilities for traffic, or
  • affording better facilities for conservancy,
  • it is expedient to lay out new streets or alter existing streets (including bridges, cause-ways and culverts) in any area, the Board may frame a sarak Yojana (Street Scheme)for such area.
• Such scheme may, within the limits of the area comprised in the scheme, provide for the following matters, namely -
  • the acquisition of any land which, in the opinion of the Board, is necessary for the scheme ;
  • the re-laying out of all or any of the lands so acquired including the construction and reconstruction of buildings, by the Board or by persons authorized by the Board in that behalf and the laying out, construction and alteration of streets and through- fares ;
  • the drainage, water supply and lighting of streets and through fares so laid-out, constructed or altered ;
  • 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
  • the provision of open spaces for the better ventilation of the area comprised in the scheme.

• Whenever the Board is of opinion that it is necessary to provide for the future widening of any street by altering the existing alignments fo 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 street, 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 comming into force of the scheme.
• Such scheme shall provide for the following matters, namely -
  • the acquisition of the whole or any part of any property lyingwithin the defined alignments fo the street within the time-limit for the execution of the scheme ;
  • the re-laying 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
  • the drainage, water supply and lighting of the streets so formed or altered.
• After such scheme has come into force -
  • 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 ;
  • if the Board, fails to acquire or to institute proceedigns for the acquisition of any property situate within the defined alignments fo the street, the owner of scuh property may at any time, within the time-limit for the execution of the scheme, or within three years thereafter, give the Board notie requiring it to acquire or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice, and here upon the Board shall acquire by agreement, or institute such proceedings by notice under clause (i) and acquire, the property accordingly ; and if the Board fails to do so, it shall compensation as may be determined in accordance with the provisions of this Act and the rules ;
  • the Board shall, before proceedings to acquire any property lying within the defined alignments fo the street, give (i) in respect of any property regarding which it has receive a notice under clause (b), fifteeen days' notice ; and (ii) in respect of other property, six month's notice to the owner of its intention to acquire such property;
  • notwithstanding anything contained in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No. II of 1959), the U.P. Municipalities Act, 1916 (U.P. Act II of 1916), the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 (U.P.Act No. XXXIII of 1961), or any other enactment constituting a lcoal authority in an area in which a scheme 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.

• 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 Yojna (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 from the date of coming into force of the schemes
• 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 utilized.
• After any such scheme has come into force, no person shall, without the previous written permission of the Board, wreck, re-erect, add to, or alter any building within the area comprised in the scheme.
• 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 be determined under this Act and the rules to the person for any damage sustained by him in consequence of such refusal :

• Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a Bhoomi Vikas Yojana (land development scheme)
• Such scheme shall specify the proposed lay-out of the area to be developed and the purpose for which particular portions thereof are to be utilized.
• The Board may provide roads, streets, open streets, drainage, water supply, street lighting and other amenities for the area comprised in the scheme.
• The Board may lease out or sell, including sale on hire-purchase basis, the building sites in the area comprised in the scheme

• Whenever it appears to the Board that any area is lacking in adequate facilities for marketing, shopping or commerce or that the existing markets of professional or commercial establishments are inconvenient to producers, bankers, traders, members of professional, consumers, customer or clients, or that it is otherwise expedient to improve, alter or demolish the existing markets or commercial or professional centers or lay out new markets or centers in any area, the Board may fram Bazar Yojana (market scheme) for the area.
• A Bazar Yojana may provide for -
  • the construction of mandis, shops, stalls, go downs, restaurants, cinemas, commercial houses, professional offices, petrol pumps, mechanical servicing and repair stations, laundries and other requisite buildings and structures ;
  • the laying or roads, streets, lanes, side-walks, parks and parking spaces, the provision of water supply, bus stands, and stands for cycle and other vehicles, lavatories, resting places and other services and amenities ;
  • the acquisition by the Board of any site or building comprised in the area included in the scheme ; and
  • The transfer by the Board of any market to any local authority or other person, either absolutely or for management, on such terms and condition as may be agreed upon with such local authority or person.

• Whenever it appears 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.
• A Barh Yojana may provide for -
  • the construction of structures for the protection of houses and essential supply installations affected or likely to be affected by flood.
  • the repair or reconstruction of houses damaged by flood ;
  • the construction of drains and other outlets for drainage of accumulated water ;
  • the raising of the level of any area ;
  • the relaying of sites in any area ;.
  • the acquisition of any land necessary for the scheme ;
  • the evacuation of the inhabitants of any locality affected or endangered by flood and the provisions of alternative accommodation for them

• When any housing or improvement scheme has been framed, the Board shall prepare a notice to that effect specifying -
  • the boundaries of the area comprised in the scheme ;
  • the dates, hours and place or places at which a map of the area, particular 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
  • the date by which objections to the scheme may be made.
• The Board shall
  • cause the said notice to be published weekly for three consecutive weeks in (i) the Gazette and (ii) two daily newspaper having circulation in the area comprised in the scheme at least one of which shall be a Hindi newspaper; and
  • send a copy of the notice to the local authority or authorities within whose jurisdiction the area comprised in the scheme lies.
• The Housing Commissioner shall cause copy of any document referred to in clause (b) of sub-section (1) to be delivered to any applicant on payment

• 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 or persons and in such manner as may be prescribed, stating that the Board proposed to acquire any specified land or building for the execution of the scheme or proposes to levy betterment fee.

• Any local authority to which a copy of the notice has been sent under clause (b) of sub-section (2) of Section 28 may within sixty days from the receipt of the copy of the notification file any objection against the scheme.
• Any person on 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.
• Any other person may file an objection against the scheme within the time specified in the notice under Section 28

• After considering the objections, if any, received in pursuance of the foregoing provisions and after giving an opportunity of being heard to the objectors, the Board may, so far as may be, within six months 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 lakhs or rupees, submit it to the State Government for sanction with such modifications, if any, as the Board may suggest.
• The State Government may sanction with or without modifications, or refuse to sanction, or return for reconsideration, any scheme submitted to it under sub-section (1).
• If a scheme returned for reconsideration under sub-section (2) is modified by the Board it shall be republished in accordance with Section 28-
  • if the modification affects the boundaries of the area comprised in the scheme or involves acquisition of any land or building not previously proposed to be acquired ; or
  • if the modification is in the opinion of the Board of sufficient importance to require republication, and on such republication the procedure prescribed in Sections 29 and 30 shall, so far as may be applicable, be followed as if the republication were an original publication under Section 28.

• Whenever the Board or the State Government sanctions a housing or improvement scheme, it shall be notified in the Gazette.
• The notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.
• Any person who, or a local authority which had filled objections under Section 30, aggrieved by the decision of the Board sanctioning a housing or improvement scheme may, within thirty days from the date of the notification under sub-section (1), appeal to the State Government whose decisions thereon shall be final.
• If the State Government cancels or alters the scheme as a result of an appeal filed under sub-section (3), the cancellation or alteration shall be notified in the Gazette
• The Scheme shall come into force
  • If sanctioned by the State Government, on the date of the notification under sub-section (1) ;
  • if sanctioned by the Board -
    • Where no appeal is preferred under sub-section (3) on the expiry of thirty days from the date of the notification under sub-section (1) ;and
    • Where an appeal is preferred and the scheme is on appeal maintained with or without alteration, on the date of the decision of the appeal, and where more appeals than one are preferred, on the date of the decision of the appeal last decided.

• At any time after a housing or improvement scheme has come into force and before it has been fully executed, the Board may for reasons to be recorded alter or cancel it ; Provided that -
  • If any alteration is likely to increase the estimated cost of executing a scheme by more than ten per cent or if any altered scheme is estimated to cost more than twenty lakhs of rupees, the alteration shall not be made without the previous sanction of the State Government.
  • before making any alteration which involves acquisition, otherwise than by agreement, of any land or building not proposed to be acquired in the original scheme, or owing to which any land not previously liable under the scheme to payment of betterment fee becomes liable to such payment, the Board shall serve a notice, in such form, on such persons or classes of persons and in such manner, as may be prescribed, of the proposed alteration, and consider the objection, if any, received in pursuance of the notice within thirty days from the service of the notice or within such further time as the Board may, for sufficient cause, allow and give an opportunity of being heard to the objectors ;
  • No schemes estimated to cost over twenty lakhs of rupees shall be altered or cancelled without the previous sanction of the State Government.
• Alteration of Scheme after commencement Any alteration or cancellation of a scheme under sub-section (1) shall be notified in the Gazette and have effect from the date of such notification, so, however, that any such modification shall be without prejudice to the validity of anything previously done under the original scheme.

• After a housing or improvement scheme has come into force the Board shall forthwith proceed to execute it, and in the case of a Bhavi Sarak Yojana (deferred street scheme) or Prasar Yojana (expansion scheme) complete it within the time-limit specified in the scheme or as extended by the Board. On the execution of the scheme being completed the Board shall by notification in the Gazette make a declaration to that effect.
• Nothing in sub-section (1) shall be construed to prohibit the Board from employing any agency of the State Government or of a local authority, with the consent of that Government or authority, in the execution of any scheme.

• Where a notice has been published under Section 28 in respect of a 13 [housing or improvement scheme] no person shall, until the scheme is abandoned, or sanctioned, and if the date of its commencement, erect, re-erect, add to, or alter any building or otherwise develop any land in the area comprised in the scheme except in accordance with the scheme and subject to such restrictions and conditions as the Housing Commissioner may, upon an application for permission in this behalf, by order impose.
• A person aggrieved by an order of the Housing Commissioner refusing permission or imposing restrictions or conditions under sub-section (1) ma, within such time as may be prescribed, appeal to the Board whose decision thereon shall be final.

• At any time after a Malin Basti Sudhar Aur Nipatan Yojana (slum improvement and clearance scheme)has come into force, the Housing Commissioner may, in respect of the area comprised in the scheme.
  • serve upon the owner of any building or land a notice requiring him within such reasonable time, being not less than forty- five days, as may be specified in the notice or as may be extended specified therein on the building or land, and in the event of field by him in this behalf, all or any of the things required by the notice to be done ;
  • serve upon the owner of a building which in his opinion is not for human habitation and is not capable at a reasonable expense of being rendered so fit and upon every other person having, within the knowledge of the Housing Commissioner, an interest in the building, whether as a lessee, mortgagee, or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why an order of demolition of the building be not made, and after giving such persons reasonable opportunity of being heard, direct the owner to demolish the same within six weeks of the date of vacation thereof or within such further period as may be allowed, and in the event of default, cause the same to be demolished through such agency as may be specified by him in this behalf;
  • for any other purposes mentioned in clauses (a) and (b), serve a notice upon any occupier of a building or land to vacate the same within a period specified therein, being not less than thirty days from the date of service of the notice, and in the event of default, cause the building or land to be vacated, and use such force for that purpose as may be necessary.
• In case the Housing Commissioner cause any work of improvement to be carried out under sub-section (1) the expenses incurred thereon, to be determined by the Housing Commissioner, together with interest at such rates as may be prescribed, from the date of demand till the date of payment, shall be recoverable by the Board in such installments as may be prescribed from the owner of the building or the land, as the case may be, as arrear of land revenue : Provided that the liability of the owner, on his satisfying the Housing Commissioner that he-
  (a) has been receiving the rent of the building or and merely as agent or trustee for some other person, and
  (b) Has not in his hands on behalf of that other person sufficient money to satisfy the whole demand, -shall be limited to the total amount of money in his hands as agent or trustee.
• In case the Housing Commissioner causes any building to be demolished under sub-section (1) the expenses incurred on the demolition shall be deemed to have been reimbursed in full from the sale of the materials, to be determined by the Housing Commissioner, shall be paid to the owners ;
  Provided that if the owner desires to remove the materials or any portion thereof before the sale he may remove the same after payment to the Housing Commissioner of the entire expenses incurred on the demolition within such time as may be allowed.
• Where any work of improvement has been carried out in any building under sub-section (1) and is maintained by the Board, the expenses of such maintenance, to be determined by the Housing Commissioner, shall be recoverable by the Board from the occupier of the building as arrears of land revenue.
• Where there are more persons than one who are owners or occupiers of the building or land or have an interest in the building, whether as lessees, mortgagees or otherwise, the Housing Commissioner may determine the liability of each such person in respect of the expenses determined under sub-section (2), sub-section (3) or sub-section (4).
• Where any building is ordered to be vacated in pursuance of an order under this section, the Housing Commissioner shall, as far as may be, offer temporary alternative accommodation to the occupier of the building in such manner and to such extent as may be prescribed.
• Any person aggrieved against an order determining the amount of expenses under sub-section (2), sub-section (3) or sub-section (4) or making an apportionment under sub-section (5) may appeal against the order to the Tribunal within such time as may be prescribed, and the decision f the Tribunal thereon shall be final.
• Explanation.- For the purposes of this section, the terms "occupier", "Owner" and "work of improvement" shall have the same meanings as given to them in clauses (f), (g) and (l) of Section 2 of the Uttar Pradesh Slum Areas (Improvement and Clearance) Act, 1962 (U.P. Act XVIII of 1962), as amended from time to time, subject to the modification that in the said clause (l) the words "Housing Commissioner", shall stand substituted for the words "Competent authority", and the expression "reasonable expense" shall have the same meaning as given to it in sub-section (1) of Section 4 of the said Act.

• In an area in which a Malin Basti Sudhar Aur Nipatan Yojana is in force, notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the prescribed authority-
  • institute any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in the area, or
  • where any decree or order is obtained in any suit or proceeding instituted before the commencement of the scheme for the victim of a tenant from any building or land in such area, execute such decree or order:
    Provided that nothing in this sub-section shall apply to or in relation to the eviction under any law of a tenant from any building or land belonging to the Government, the Board or any other local authority.
• In granting or refusing to grant the permission under sub-section (1), the prescribed authority shall follow such procedure as may be prescribed and shall take into account the following factors, namely -
• Any person aggrieved by an order of the prescribed authority granting or refusing to grant teh permission referred to in sub-section (1) may, within such time as may be prescribed, prefer an appeal to the Tribunal whose decision thereon shall be final.
• Where a tenant in occupation of any building in such area vacates any building or is evicted there from on the ground that it was required for the purpose of executing any work of improvement or for the purpose of demolition and re-erection of the building, the tenant may, within such the demolition and re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be.
• On receipt of such declaration, the prescribed authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (8) and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (4).
• The rent provisionally determined under sub-section (5) shall be communicated in the prescribed manner to the tenant and the owner.
• If the tenant after the receipt of such communication intimates in writing to the prescribed authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (4), he would pay to the owner, until the rent is finally determined under sub-section (8), the rent provisionally determined under sub-section (5), the prescribed authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or re-erection of the building as the case may be, and the owner shall be bound to comply with such direction.
• Where any such building is left to a tenant in pursuance of a direction issued under sub-section (7) the tenant shall, notwithstanding any law relating to the control of rent in force in the area, be liable to pay to the owner such rent as may, on application given in this behalf to the prescribed authority within ninety days from the completion of the work of improvement or re-erection of the building, as the case may be, or within such further time as may sufficient cause being shown be allowed, be finally determined by the prescribed authority, which shall be as follows:
  (a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely -
  (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement ;
  (ii) six per cent of the cost of the work of improvement ; and
  (iii) six per cent of the cost of any land which may have been acquired for the purpose of effecting such improvement ;
  (b) if the building has been re-erected, an annual rent of a sum equivalent to four percent of the aggregate cost of reconstruction of the building and the cost of the land on which the building is re-erected
  Explanation.- For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired by the Board under Section 55, and the date of commencement of the work of improvement or the re-erection of the building were the date with reference to which the market value of the land were adjudged under Section 23 of the Land Acquisition Act, 1894 (Act No. I of 1894), as modified by the said Section 55.
• Any party aggrieved against the determination of rent under sub-section (8) may, within such time as may be prescribed, prefer an appeal to the Tribunal whose decision thereon shall be final.
• Where the rent is finally determined under sub-section (8), or on appeal under sub-section (9), then the amount of rent paid by the tenant before such determination shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

• Whenever any building or land or any street, or any part thereof, vested in a local authority lies within the area comprised in any housing or improvement scheme, the Board may give notice to that local authority that the same is required for the purposes of the scheme, and there upon such building, land or street, or part thereof, shall vest in the Board.
• Where the Board makes a declaration while giving notice under sub-section (1) that such land, street, or part, as the case may be will be retained by the Board only until it re-vests in the local authority as a street or an open space, or part thereof, under section 41, no compensation shall be payable by the Board to the local authority except in respect of buildings, if any, situated on that land.
• Except as provided in sub-section (2), where any land or building vests in the Board under sub-section (1) the Board shall pay to the local authority as compensation, a sum equal to the market value of such land or building or both, as the case may be, as on the date on which the scheme comes into force.
• Where after a declaration has been made under sub-section (2), the land does not re-vest in the local authority, the Board shall pay to the local authority compensation in respect of such land i accordance with the provisions of sub-section.
• If any question arises as to whether any building, land or street, or any part thereof, is required for the purposes of the scheme or as to whether compensation is payable under this section, or as to the amount of such compensation, the matter shall be referred to the State Government whose decision thereon shall be final.

• Whenever any private street or square or part thereof which the public or any section or any section of the public has right to pass along or use and which is not vested in the Board or in any local authority is required for executing any housing or improvement scheme, the Board shall cause to be affixed in a conspicuous place in or near such street or square or part a notice signed by the Housing Commissioner and
  • stating the purpose for which such street or square or part is required, and
  • declaring that the Board will, on or after a date to be specified in the notice, take over charge of such street or square or part from the owner thereof, and shall simultaneously send a copy of such notice to the owner of such street or square or part.
• After considering the objections, if any, received in writing before the date specified in this behalf in the notice, the Board may take over charge of such street or square or part, and the same shall thereupon vest in the Board.
• When the Board alters or closes any private street or square or part thereof which has vested in it under sub-section (2), it shall pay to the previous owner compensation determined on the basis of the market value, on the date of vesting, of his rights therein.
• If the alteration or closure of any such street or square or part causes damage or substantial inconvenience to the owners of property adjacent thereto, or to the residents in the neighborhood, the Board shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street or square or part as a means of access to any property or place and if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, the Board shall also pay him reasonable compensation in money.

• Whenever the Board allows any street vested in it to be used for public traffic, it shall keep the street in good repair and do all things necessary for the safety and convenience of person using it.

• The Board may hand over any street laid-out or altered by and vested in it to the local authority within whose jurisdiction it lies, after giving it one month's notice, when-
  • any such street has been duly leveled and metal led,
  • lamp, posts necessary for the lighting of such street have been provided, and
  • Water, drains and sewers have been provided in such street, in the manner provided in the scheme.
• When any open space for the purposes of ventilation or recreation has been provided by the Board in executing any housing or improvement scheme, the Board may resolve that such space shall, on completion of the scheme be transferred to the local authority concerned, and thereupon notice of the resolution shall be given to such authority.
• The local authority may, on receipt of a notice under sub-section (3), make objections to the Board or may require the Board before any such open space is so transferred to enclose, level, turf, drain and layout such space and provide footpaths and lamp-posts therein. The Board shall consider such objections and requirements and then pass a final resolution reaffirming or modifying the proposal.
• Such street or open space shall, upon the expiry of the period of notice or in accordance with the final resolution, as the case may be, vest in, and thenceforth be maintained, kept in repair, lighted and cleansed by, the local authority.
• If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in this section, the matter shall be referred to the State Government whose decision thereon shall be final and binding on the Board and the local authority.

• When any work which may lawfully be done, is being executed by the Board in any street vested in it, the Board may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description : Provided that the Board shall, so far as may reasonably be practicable, make adequate provision for-
  (b)the passage of or diversions of traffic ;
  (c)Any drainage water supply or means of lighting which is interrupted by reason of the execution of the work.
• When any such direction has been given, the Board shall affix in a conspicuous place in or near the street an order prohibiting traffic to the extent so directed, and fix such bars, chains, or posts across or in the street as it may think proper for ensuring compliance with the order

• The Board may-
  (b)turn, divert, discontinue the public use of, or permanently close, any street vested in it or any part thereof ; or
  (c)Discontinue the public use of, permanently close, any square vested in it or any part thereof.
• Whenever the Board discontinues the public use of, or permanently closes, any street or square vested in it, or any part thereof, it shall pay such compensation as may be determined in accordance with the rules to any person who sustain special damage by reason of such discontinuance or closure.
• When any street or square vested in the Board, or any part thereof, is permanently closed under sub-section (1) the Board may sell or lease so much of the same as is no longer required by it.

• Where the State Government is of opinion, after a notice of a housing or improvement scheme in relation to any area has been published under section 28, that it is expedient in the public interest that any scheme framed under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, covering the same area or part thereof should not be further proceeded with, whether by way of notification, consideration, sanction, abandonment or otherwise, under the said Adhiniyam, it may, after giving to the Nagar Mahapalika concerned an opportunity of making written objections, direct that the scheme shall not be so proceeded with or that it shall be proceeded with subject to such modifications as may be specified, and further that proceedings, if any, relating to the scheme or such part thereof as may be specified shall stand transferred to the Board, and thereupon the Board shall proceed further with the scheme or part thereof, as the case may be, from the stage at which it was transferred to it, in accordance with the corresponding provisions of this Act : Provided that the Board may, if it thinks fit, recall any step or proceeding already gone through under the said Adhniyam, and take that step or proceeding afresh, under the corresponding provisions of this Act.
• If a notice has been published under section 28, no Nagar Mahapalika or other local authority having jurisdiction over any area comprised in the scheme shall, without the permission of the State Government, dispose of any property so as to alter the character of the property or make any outlay or improvement on or cause any damage to such property.
• The State Government may, by general or special order, provide for adjustment between conflicting or overlapping schemes under this Act and under the said Adhiniyam.

• The State Government may, after consultation with the Board, transfer to it any land belonging to or vested in the State Government or acquired under the provisions of the Uttar Pradesh Slum Areas (Improvement and Clearance) Act, 1962 (U.P. Act XVIII of 1962). or made available to the competent authority under the said Act, being either under its direct management or under the management of any local authority, on such terms and conditions, including the conditions of resumption by the Government on the occurrence of a specified contingency, as the Government may think fit to impose.

• The Board may undertake the execution of any housing or other building project at the request of the State Government or, with the previous approval of the State Government, at the request of any other person on such terms and conditions as may be agreed upon

• Without prejudice to the power of the State Government under sub-section (2), the Board may, on such terms and conditions as may be agreed upon between the Board and any other local authority, take over the execution or further execution of any housing or improvement scheme undertaken by such local authority, and the Board shall thereafter execute such schemes as if it had come into force under sub-section (5) of section 32 of this Act.
• Where the State Government is of opinion that is is expedient in the public interest that an improvement scheme sanctioned or partly executed under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 should be further proceeded with by the Board, it may, after giving to the Nagar Mahapalika concerned an opportunity of making written objections, direct that the execution or further execution of any such scheme be transferred to the Board on such terms and conditions as it may deem fit, and the Board shall there after execute such scheme as if had come into force under sub-section (5) of Section 32 of this Act.
• Whenever the execution or further execution of a scheme is under taken by the Board under sub-section (1) or sub-section (2), the Board shall have the same power of levying betterment fee in relation to such scheme as if the scheme were framed and sanctioned under this Act : Provided that the declaration referred to in section 50 may, in the case of any such scheme, be made by a notice, which shall be published in the Gazette and daily newspapers having circulation in the area comprised in the scheme, at least one of which shall be a Hindi newspaper, and a copy of which shall be sent to the local authority or authorities within whose jurisdiction the area comprised in the scheme lies, There upon the provisions of Sections 29 and 30 shall, Mutatis mutandis, apply so far as they relate to the proposal to levy betterment fee, and the Board may, after considering the objections, if any, received in pursuance of the said provisions and after giving an opportunity of being heard to the objections, either abandon or, with or without modifications, confirm the proposal.
• Whenever the execution or further execution of a scheme is transferred to the Board under sub-section (1) or sub-section (2), any legal proceeding, including any proceeding under the Land Acquisition Act, 1894, (Act No. I of 1894), pending in relation to that scheme by or against the Nagar Mahapalika may be continued, prosecuted or enforced by or against the Board.

• The Board may include in the cost of any housing or improvement scheme framed by it or any work undertaken by it supervision and centage charges at such rates as may be fixed by it :
  
  Provided that the rate so fixed shall not be more than twelve and half per cent of the other cost of the scheme or work.

• Notwithstanding anything contained in the foregoing provisions of this Chapter, the State Government may at any time call for and examine the records of the Board relating to any housing or improvement scheme which is proposed to be or has been framed by the Board or which is being executed by it, and modify, annual or remit for reconsideration to the Board any such scheme or direct that the scheme be executed with such modification as may be specified, or issue such other directions as it may deem fit : Provided that if any modification involves acquisition, otherwise than by agreement, of any land or building not proposed to be acquired in the original scheme, or if owing to any modifications any land not previously liable under the original scheme to payment of betterment fee becomes liable to such payment, the modification shall not be made without giving an opportunity to the persons so affected of making objections against the proposed modification.
• The State Government may stay the execution of any such scheme pending the passing of orders under sub-section (1).
• Any modification of a scheme under sub-section (1) shall be notified in the Gazette and shall have effect from the date of such notification, so, however, that any modification shall be without prejudice to the validity of anything previously done under the original scheme.