Section 1

Amendment status not verified — confirm the current text below against the official source.

Substituted by section 3 of U.P. Act no. 47 of 1976. 126 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 9-12] (2) The Board may, with the previous approval of the State Government, appoint a servant of the Central or the State Government or of a local authority on any of the posts under it on such terms and conditions as may be agreed upon. Units 9- (1) The Board may by resolution establish a Housing Unit for any city and, with the previous approval of the State Government, for any other area for the efficient performance of its functions in that area. (2) Every unit shall form part of the establishment, of the Board and shall consist of such officers and servants as may be considered necessary by the Board. (3) Every Unit shall be under the charge of an officer who shall be under the administrative control of the Housing Commissioner and shall also exercise, perform and discharge such powers, duties and functions as may be delegated to him under section 12. (4) As far as may be and subject to the rules, the accounts of income and expenditure of each Unit shall be kept separately and the savings of any one Unit shall be spent over that area only to which that unit relates. Avas Samitis 10- (1) The State Government may for any Unit constitute a local advisory committee to be called Avas Samiti consisting of a Chairman and such other members and on such terms and conditions as may be prescribed. (2) The Chairman of the Avas Samiti shall be--- (a) in the case of a City, the Nagar Pramukh of the Nagar Mahapalika thereof; (b) in the case of a municipality, the President of the municipality or part thereof the President or Chairman of any local authority having jurisdiction in that area, to be appointed by the State Government. (3) The Board shall consult the Avas Samiti concerned on such matters as may be prescribed and may also consult it on any other matter. Supervision and control by Housing Commissioner 11- Subject to the provisions of this Act and the rules, the Housing Commissioner shall exercise supervision and control over all officers and servants of the Board. Delegation of powers 12- (1) Subject to the provisions of this Act and the rules, the Board may by general or special order delegate, either unconditionally or subject to such conditions, including the condition of review by itself, as, may be, specified in the order, to any committee appointed by it or to the Housing Commissioner or any officer of the Board such of its powers and duties under this Act, as it may deem necessary. (2) Subject to the provisions of this Act and the rules, the Housing commissioner may by general or 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. 127 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 13-15] Disqualification from participating in proceedings on account of interest 13- (1) A member of the Board or of an Avas Samiti or of a committee appointed by the Board who-- (a) has any share or interest of the nature described in clause (e) and clause (f) of section 4 in respect of any matter, or (b) has-acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid, shall not, notwithstanding anything contained in the proviso to section 4, vote or take part in any proceeding of the Board, Avas Sarniti or committee relating to such matter. (2) If any member of the Board or of an Avas Samiti or of a committee appointed by the Board has, directly or indirectly, any interest in any land situated in an area comprised in any of the schemes framed under this Act, or in an area in which it is proposed to acquire land for nay of the purposes of this Act he shall not take part in any meeting of the Board, Avas Samiti or committee in which any matter relating to such land is considered. (3) Nothing in sub-section (1) or sub-section (2) shall prevent any member of the Board, Avas Samiti or committee from voting on, or taking part in the discussion of, any resolution or question relating to any subject other than a subject referred to III those, sub- sections. Acts not to be invalidated by informality, vacancy, etc. 14- No act done or proceeding taken under this Act by the an Avas Samiti or a committee appointed by the Board shall validated merely on the ground of- (a) any vacancy or defect in the constitution of the Board, Avas Samiti or committee; or (b) any defect or irregularity, in the appointment of a person acting as a member thereof ; or (c) any defect or irregularity in such act or proceeding not affecting the substance. Chapter III FUNCTIONS AND POWERS OF THE BOARD Functions of the Board 15- (1) Subject to the provisions of this Act and the rules and regulations, the functions of the Board shall be--- (a) to frame and execute housing and improvement schemes and other projects; (b) to plan and co-ordinate various housing activities in the State and to ensure expeditious and efficient implementation of housing and Improvement schemes in the State; (c) to provide technical advice for and scrutinise various projects under Housing and Improvement Schemes sponsored or assisted by the Central Government or the State Government ; 128 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 15] (d) to assume management of such immovable properties belonging to the State Government as may be transferred or on trusted to it for this purpose; (e) to maintain, use, allot, lease, or otherwise transfer plots, buildings and other properties of the Board or of the State Government places under the control and management of the Board; (f) to organise and run workshops and stores for the manufacture and stock-piling of building materials; (g) on such terms and conditions as may be agreed upon houses constructed by it in execution of any scheme to be houses subject to the U.P. Industrial Housing Act, 1955; (h) to regulate building operations; (i) to improve and clear slums; (j) to provided roads, electricity, sanitation, water-supply and other civic amenities and essential services in areas developed by it; (k) to acquire movable and immovable properties for any of the purposed before mentioned; (l) to raise loans from the market, to obtain grants and loans from the State Government, the Central Government, local authorities and other public corporations, and to give grants and loans to local authorities, other public corporation , housing co-operative societies and other persons for any of the purposes before mentioned; (m) to make investigation, examination or survey of any property or contribute towards the cost of any such investigation, examination or survey made by any local authority or by he State Government; (n) to levy betterment fees; (o) to fulfill any other obligation imposed by or under this Act or any other law for the time being in force; and (p) to do all such other acts and things as may be necessary for the discharge of the functions before mentioned. (2) Subject to the provisions of this Act and the rules and regulations, the Board may undertake, where it deems necessary, any of the following functions; namely--- (a) to promote research for the purpose of expediting the construction of and reducing the cost of buildings; (b) to execute works in the State on behalf of public institutions, local authorities and other public corporations, and departments of the Central Government and the State Government; (c) to supply and sell building materials; (d) to coordinate, simplify and standardize the productions of building materials and to encourage and organise the prefabrication and mass production of structural components; 129 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 16-17] (e) with a view to facilitating the movement of the 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; (f) to do all such other acts and things as may be necessary for the discharge of the functions before mentioned. Housing or improveme nt scheme when to be framed by the Board 16- (1) A housing or improvement scheme may be framed by the Board of its own motion or at the instance of a local authority and shall be framed when so directed by the State Government. (2) 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. (3) 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. Matters to be provided for in housing or improveme nt schemes 17- 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 if any of the following matters namely , (a) the acquisition by purchase, exchange or otherwise of any property- necessary for, or affected by the execution of the scheme ; (b) the laying or re-laying out of any laud comprised in the scheme; (c) the distribution or redistribution of sites belonging to owners of the property comprised in the scheme ; (d) the improvement or clearance of dwellings or portions of dwellings unfit for human habitation : (e) the demolition of buildings or portions of buildings causing obstruction in the proposed lay-out ; (f) the construction or reconstruction of buildings; (g) the sale (including sale on hire-purchase basis), lease or exchange of any property comprised in the scheme ; (h) the construction or alteration of roads, streets, lanes, bridges, culverts or causeways; (i) the drainage, water-supply or lighting of the streets in-cluded in the scheme ; (j) the provision of schools, community buildings, parks (in-cluding 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 ; 130 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 18-19] (k) the making of sanitary arrangements required for the area comprised in the scheme, including the conservation of and the prevention of injury to or contamination of rivers of other sources and means of water-supply; (l) the provisions of accommodation for any class of persons; (m) the provision of facilities for communication and transport; (n) the collection of such information and statistics as may be necessary for the purposes of this act; (o) the reclamation, development or reservation of lands for markets, commercial and industrial sites, garden, playing fields and tree plantation; (p) the provision of restaurants, shops markets, fuel depots laundries, and other amenities in the area comprised in the scheme; (q) the advance of loans for the purposes of the scheme; and (r) any other matter which may be prescribed; Provided that any such scheme shall, so far as may be, conform with the Master plan, if any, for the time being in force. Types of housing and improvemen t schemes 18- (1) A housing or improvement scheme shall be of one of the following types, or a combination of two or more of such types or of special features thereof, namely-- (a) Grihsthan yojana (house accommodation scheme) ; (b) Malin Basti sudhar Aur Nipatan Yojana (slum improvement and clearance scheme) ; (c) Punaravas Yojana (re housing scheme); (d) Sarak Yojana (street scheme); (e) Bhavi Sarak Yojna (deferred street scheme) ; (f) Prasar Yojana (expansion scheme); (g) Bhumi Vikas Yojana(land development scheme); (h) Bazar Yojana (market scheme) ; (i) Barh Yojana (flood scheme). (2) The State Government may, on such terms and conditions as it may after consultation with the Board think fit to impose, direct the Board to under take any housing or improvement scheme of a type not specified in sub-section (1). Grishthan Yojana 19- (1) Whenever the Board is of opinion that it is expedient or necessary to meet the need for house accommodation in any area, the Board may frame a Grihsthan Yojana (house accommodation scheme). (2) Such scheme shall specify the layout of the area where the houses are to be constructed and may provide for the building of houses by the Board and by others. (3) The Board may lease out or sell, including sale on hire purchase basis, any house so built by the Board. 131 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 20-21] (4) The Board may provide in the area roads, streets, drainage, water supply street lighting, community buildings and other amenities. Malin Basti Sudhar Aur Nipatan Yojana 20- (1) Whenever it appears to the Board---- (a) that in any area, any buildings used or intended or likely to be used as dwelling houses are unfit for human habitation, or (b) that danger to the safety, health or morals of the inhabitants in any area or in the neighborhood of such area is likely to be caused by- (i) the narrowness, closeness, or faulty arrangement or design or condition of streets or buildings or groups of buildings in such area, or (ii) over-crowding in such area, or (iii) want of light, air, ventilation, or of proper conveniences in such area, or (iv) any other sanitary defect in such area, the Board may frame a Malin Basti Sudhar Aur Nipatan Yojna (slum improvement and clearance scheme) in respect of such area. (2) Such scheme may provide for -- (a) the reservation of sites for, and the construction and provision of roads, streets, lanes and open space and other amenities, and the enlargement of the existing roads, streets, lanes open spaces and other amenities in the area; (b) the relaying out-of the sites of the area ; (e) the acquisition by the Board of any site or building comprised in the area; (d) the carrying out of any maintenance of works of improvement on lands and buildings in the area; (e) the regulation of erection, re-erection or alteration of, or addition to buildings in the area; (f) the alteration or demolition of the existing buildings and their appurtenances on the sites of the area; (g) the construction of houses and other buildings on the sites of the area ; (h) the advance of moneys to the owners on such terms and conditions as may be provided under the scheme with a view to assist them in re-constructing or altering existing buildings or erecting new buildings in accordance with the scheme. Punarvas Yojana 21- Whenever the Board is of opinion that it is necessary to provide accommodation for persons -- (a) who are displaced or likely to be displaced by the execution of any housing or improvement scheme under this Act; or (b) whose removal from any area is necessary for relieving congestion in that area. 132 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 22-23] the Board may frame a Punarwas Yojana (re-housing scheme) for the construction, maintenance and management of such dwelling houses and shops or for providing such open plots along with roads, streets and open spaces as may be deemed necessary. Sarak Yojana 22- (1) Whenever the Board is of opinion that for the purposes of -- (a) providing building sites, or (b) remedying defective ventilation ;or (c) creating new or improving existing means of communication and facilities for traffic, or (d) affording better facilities for conservancy; it is expedient to layout 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. (2) Such scheme may, within the limits of the area comprised in the scheme, provide for the following matters; namely- (a) the acquisition of any land which, in the opinion of the Board, is necessary for the scheme ; (b) the re-laying out of all or any of the lands so acquired including the construction and reconstruction of buildings by the Board or by persons authorised by the Board in that behalf and the laying out, construction and alteration of streets and thoroughfares ; (c) the drainage, water-supply and lighting of streets and thoroughfares so laid out, constructed or altered ; (d) the reclaiming or raising or lowering the level of any land vested in, or acquired by, the Board for the purposes of the scheme; and (e) the provision of open spaces for the better ventilation of the area comprised in the scheme. Bhavi Sarak Yojana 23- (1) Whenever the Board is of opinion that it is necessary to provide for the future widening of any street by altering the existing alignments of such street but that it is not necessary immediately to, acquire all or any of the properties lying Within the proposed improved alignments, the Board may frame a Bhavi Sarak Yojana (deferred street scheme), defining the alignment on each side of the 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 coining into force of the scheme. (2) Such scheme shall provide for the- following matters, namely---- (a) the acquisition of the whole or any part of any property lying within the defined alignments of the street within the time limit for the execution of the scheme ; 133 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 24] (b) the relaying out of all or any of such properties, including the construction and reconstruction of buildings by the Board or by any other person, and the formation and alignment, of the street; and (c) the drainage water-supply and lighting of the streets So formed or altered. (3) After such scheme has come into force- (a) no person shall, within the time-limit for the execution of the scheme, erect, re-erect, add to or alter any building so as to make it project into the defined alignments of the street except with the previous written permission of the Board ; (b) if the Board fails to acquire or to institute proceedings for the acquisition of any property situate within the defined alignments of the street, the owner of such property may at any time, within the time-limit for the execution of the scheme, or within three years thereafter, give the Board notice 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 thereupon the Board shall acquire by agreement, or institute such proceedings by notice under clause (c) and acquire, the property accordingly; and if the Board fails to do so, it shall pay such compensation as may be determined in accordance with the provisions of this Act and the rules ; (c) the Board shall, before proceeding to acquire any property lying within the defined alignments of the street, give (i) in respect of any property regarding which it has received a. notice under clause (b), fifteen days notice; and (ii) in respect of other property, six months notice to the owner of its intention to acquire such property ; (d) notwithstanding anything contained in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, the U. P. Municipalities Act, 1916, the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 or any other enactment constituting a local authority in an area in which a scheme under this section has been notified, such local authority shall not have power to define or prescribe any alignment of the street within the area comprised in the scheme and any such alignment previously defined or prescribed within such limits shall cease to be operative. Prasar Yojana 24- (1) Whenever the Board is of opinion that it is expedient to control and provide for the future expansion or development of a City, municipality town area or notified area, the Board may frame a Prasar Yojana (expansion scheme) and specify the time- limit, which may be extended by the Board from time to time for the execution of the scheme : Provided that such time-limit including extensions if any, made by the Board shall in no case exceed twenty years from the date of coming into force of the scheme. (2) Such scheme shall specify the proposed lay-out of the area to be developed and the purposes for which particular portions thereof are to be utilised. (3) After any such scheme has come into force, no person shall without the previous written permission of the Board, erect, re-erect add to, or alter any building within the area comprised in the scheme. 134 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 25-27] (4) If the Board refuses to grant permission to any person to erect, re-erect, add to, or alter any building on his land in the area. aforesaid, and does not proceed to acquire such land within one year from the date of such refusal the Board shall pay such compensation as may be determined under this Act and the rules to the person for any damage sustained by him in consequence of such refusal : Provided that if the Board neither grants nor refuses to grant permission as aforesaid within a period of three months from the receipt of an application duly presented in that behalf it shall be deemed to have refused permission on the date of expiration of such period. Bhoomi Vikas Yojana 25- (1) Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a Bhoomi Vikaa Yojana (land development scheme). (2) Such scheme shall specify the proposed lay-out of the area to be developed and the purposes for which particular portions thereof are to be utilised. (3) The Board may provide roads, streets, open spaces, drainage, water supply street lighting and other amenities for the area comprised in the scheme. (4) The Board may lease out or sell, including sale on hire-pure basis the building sites in the area comprised in the scheme. Bazar Yojana 26- (1) Whenever it appears to the Board that any area is lacking in adequate facilities for marketing, shopping or commerce or that the existing markets or professional or commercial establishments are inconvenient to producers, bankers, traders, members of professions, consumers, customers or clients, or that it is otherwise expedient to improve, alter or demolish the existing markets or commercial or professional centres or layout new markets or centres in any area, the Board may frame a Bazar Yojana (market scheme) for the area. (2) A Bazar Yojana may provide for- (a) the construction of mandis, shops, stalls, god owns, restaurants, cinemas, commercial houses, professional offices, petrol pumps, mechanical servicing and repair stations, laundries and other requisite buildings and structures ; (b) the laying of roads, streets, lanes, side-walks, parks and parking spaces, the provision of water supply, bus stands and stands for cycles and other vehicles, lavatories, resting places and other services and amenities ; (c) the acquisition by the Board of any site or building comprised in the area included in the scheme; and (d) the transfer by the Board of any market to any local authority or other person, either absolutely or for management, on such terms and conditions as may be agreed upon with such local authority or person. Barh Yojana 27- (1) Whenever it 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. (2) A Barh Yojana may provide for- 135 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 28-30] (a) the construction of structures for the protection of houses and essential supply installations affected or likely to be affected by flood; (b) the repair or reconstruction of houses damaged by flood; (c) the construction of drains and other outlets for drainage of accumulated water ; (d) the raising of the level of any area; (e) the re-laying of sites in any area; (f) the acquisition of any land necessary for the scheme ; (g) the evacuation of the inhabitants of any locality affected or endangered by flood and the provision of alternative accommodation for them. Notice of housing and improveme nt schemes 28- (1) When any housing or improvement scheme has been framed, the Board shall prepare a notice to that effect specifying--- (a) the boundaries of the area comprised in the scheme ; (b) the dates, hours, and place or places at which a map of the area, particulars of the scheme, and details of the land proposed to be acquired and of the land in respect of which betterment fee is proposed to be levied may be seen; and (c) the date by which objections to the scheme may be made. (2) The Board shall- (a) cause the said notice to be published weekly for three consecutive weeks in (i) the Gazette and (ii) two daily newspapers having circulation in the area comprised in the scheme at least one of which shall be a Hindi newspaper; and (b) send a copy of the notice to the local authority or authorities within whose jurisdiction the area comprised in the scheme lies. (3) The Housing Commissioner shall cause copy any document referred to in clause (b) of sub-section (1) to be delivered to any applicant on payment of such fee as may be provided by regulations. Notice of proposed acquisition or levy of betterment fee 29- Within six weeks from the date on which any notice is first published under section 28 in respect of any housing or improvement scheme the Board shall serve a notice in such form, on such persons or classes of persons and in such manner as may be prescribed, stating that the Board proposes to acquire any specified land or building for the execution or the scheme or proposes to levy betterment fee. Objections 30- (1) Any local authority whom a copy of the notice has been sent under clause (b) of sub-section (2) of section 28 may within sixty days from the receipt of the copy of the notice file any objection against the scheme. (2) Any person 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. 136 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 31-32] (3) Any other person may file an objection against the scheme within the time specified in the notice under section 28. Abandonment, modification or sanction of Scheme 31- (1) After considering the objections, if any, 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 month from the date of receipt of the last such objection, either abandon the scheme, or if the estimated cost of the scheme does not exceed twenty lakhs of rupees sanction it with or without modifications, and. it the estimated cost of the scheme exceeds twenty lakhs of rupees, submit it to the State Government for sanction with such modifications, if any, as the Board may suggest, (2) The State Government may sanction with or without modifications or refuse to sanction, or return fur reconsideration, any scheme submitted to it under sub-section (1). (3) If a scheme returned for reconsideration under sub-section (2) is modified by the Board it shall be republished in accordance with section 28- (a) if the modification affects the boundaries of the area comprised in the scheme or involves acquisition of any land or building not previously proposed to be acquired; or (b) if the modification is in the opinion of the Board of sufficient importance to require republication. and on such republication the procedure prescribed in section 29 and 30 shall, so tar as may be applicable, be followed as if the republication were an original publication under section 28. Commencement of scheme 32- (1) Whenever the Board or the State Government sanctions a housing or improvement scheme, it shall be notified in the Gazette, (2) The notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned. (3) Any person who, are a local authority which, had filed 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. (4) If the State Government cancels the scheme as a result of an appeal filed under sub-section (3), the cancellation or alteration shall be notified in the Gazette. (5) The scheme shall come into force- (a) if sanctioned by the State Government, on the date of the notification under sub-section (1) ; (b) if sanctioned by the Board- (i) 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 137 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 33-35] (ii) 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. Alteration of scheme after commencement 33- (1) 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- (a) 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 ; (b) 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 objections, 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; (c) no scheme estimated to cost over twenty lakhs of rupees shall be altered or cancelled without the previous sanction of the State Government. (2) 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. Execution of scheme 34- (1) 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. (2) 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. Restriction on building in area proposed for or comprised in a [scheme]1 35- (1) Where a notice has been published under section 28 In respect of a [housing or Improvement scheme]2 no person shall, until the scheme is abandoned, or sanctioned, and if the scheme has come into force, during a period of two years from 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. 1- Substituted by section 4 (a) of U. P. Act No. 47, 1976 .