Section 2

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

Substituted by section 4 (b) ibid. 138 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 36] (2) A person aggrieved by an order of the Housing Commissioner refusing permission or imposing restrictions or conditions under sub-section (1) may, within such time as may be prescribed, appeal to the Board whose decision thereon shall be final. Special powers relating to execution of Malin Basti Sudhar Aur Nipatan Yojana 36- (1) 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,- (a) 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 by him from time to time, to execute any work of improvement specified therein on the building or land, and in the event of default, cause to be done, through such agency as may be specified by him in this behalf. all or any of the things required by the notice to be done ; (b) serve upon the owner of a building which in his opinion is not fit for human habitation arid 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 he 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 ; (c) for any of the 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 the 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 a maybe necessary. (2) In case the Housing Commissioner causes any work of improvement to be carried out under sub-section (I) 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 arrears 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 land 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. 139 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 37] (3) 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 proceeds, if any, of the materials thereof, The balance, if any, of the sale proceeds of the materials, after deducting the expenses incurred on the demolition of the building and on 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. (4) 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. (5) 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). (6) 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. (7) 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 of 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, 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. Provisions regarding tenants in Area comprised in Malin Basti Sudhar Aur Nipatan Yojana 37- (1) In an area in which a Malin Baeti 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- (a) 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 (b) where any decree or order is obtained in any suit or proceeding instituted before the commencement of the scheme for the eviction 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. 140 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 37] (2) 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 :- (a) whether alternative accommodation within the mean of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of slum improvement or clearance in the area ; (c) such other factors, if any, as may be prescribed. (3) Any person aggrieved by an order of the prescribed authority granting or refusing to grant the 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. (4) 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 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. (5) 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). (6) The rent provisionally determined under sub-section (5) shall be communicated in the prescribed manner to the tenant and the owner. (7) 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. (8) Where any such building is let 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 on 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 boon executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely:- 141 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 38] (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 per cent of the aggregate cost of re- construction 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-election 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, as modified by the said section 55. (9) 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. (10) 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. Transfer to Board of building or land vested in local authority 38- (1) 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 thereupon a such building, land or street, or part thereof, shall vest in the board. (2) 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 revests 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. (3) 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. (4) Where after a declaration has been made under sub-section (2), the land does not rivets in the local authority, the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub- section (3). (5) 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. 142 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 39-41] Transfer of private street or square to Board for purpose of Scheme 39- (1) Whenever any private street or square or part thereof which the public or any section of the public has right to pass along or use and which is not vested in the Board or ill 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- (a) stating the purpose for which such street or square or part is required; and (b) declaring that the Board will, on or after a date to be specified in the notice, taka 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. (2) 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. (3) 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. (4) 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. Repairs of streets vested in the Board 40- 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 persons using it. Transfer of streets and open spaces to local authority 41- (1) 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 months notice, when- (a) any such street has been duly levelled and metalled; (b) lamp posts necessary for the lighting of such street have been provided, and (c) water drains and sewers have been provided in such street, in the manner provided in the scheme. 143 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 42-43] (2) When any open space for the purposes of ventilation or re- creation 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. (3) 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 foot- paths and lamp-posts therein. The Board shall consider such objections and requirements and' then pass a final resolution reaffirming or modifying the proposal. (4) 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 j lighted and cleansed by, the local authority. (5) 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. Arrangemen ts during work in street 42- (1) 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- (a) the passage of or diversion of traffic ; (b) securing access to all premises. approached from such street ; and (c) any drainage, water-supply, or means or lighting which is interrupted by reason of the execution of the work. (2) 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. Power to close public street or square 43- (1) The Board may---- (a) turn, divert, discontinue the public use of, or permanently close, any street vested in it or any part thereof; or (b) discontinue the public use of, or permanently close, any square vested in it or any part thereof . (2) 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 whose sustains special damage by reason of such discontinuance or closure. 144 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 44-46] (3) 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. Effect of schemes under this Act on powers of other local authorities 44- (1) 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 Adhiniyam, and take that step or proceeding afresh, under the corresponding provisions of this Act. (2) 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 in such area or do anything on or in relation to any such property so as to alter the character of the property or make any outlay or improvement on or cause any damage to such property. (3) 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. Explanation-- The expression "corresponding provision of this Act means, in case of doubt, such provision as may be specified by the State Government by general or special order to be the corresponding provision for that purpose. Transfer of land, etc. by State Govern-ment to Board for purposes of scheme or management, etc. U.P. Act XVIII of 1962 45- 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, 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 condition of resumption by the Government on the occurrence of a specified contingency, as the Government may think fit to impose. Power of Board to undertake other projects at the instance of others 46- 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. 145 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 47-49] Execution of other schemes by the Board 47- (1) 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. (2) Where the State Government is of opinion that it is expedient in the public interest that an improvement scheme sanctioned or partly executed under the Uttar Pradesh 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 thereafter execute such scheme as if it had come into force under sub-section (5) of section 32 of this Act. (3) Whenever the execution or further execution of a scheme is undertaken 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 two 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. Thereupon the provisions of sections 29 and 30 shall, mutatis mutandis, apply so far, air they relays to the proposal to levy betterment fee, and the Board any as after considering the objections, if any, received in pursuance of the said provisions and after giving an opportunity of being heard to the objectors, either abandon or, with or without modifications, confirm the proposal. (4) Whenever the execution of further execution of a scheme is transferred to the Board under sub-section (1) or sub-section (2), any legal proceedings, including any proceeding under the Land Acquisition Act, 1894, pending in relation to the, scheme by against the Nagar, Mahapalika may be continued, prosecuted or enforced by or against the Board. Supervision and cent age charges 48- The Board may Include in the cost of any housing or improvement scheme framed by 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 a half per cent of the other cost of the scheme or work. Power of State Government to call for the records of the Board and to modify or annual the scheme 49- (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the State Government may at nay 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 modifications as may be specified, or issue such other directions as it may deem fit: 146 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 50-51] 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 modification 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. (2) The State Government may stay the execution of any such scheme pending the passing of orders under sub-section (1). (3) 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 such modification shall be without prejudice to the validity of anything previously done under the original scheme. CHAPTER IV BETTERMENT FEE Declaration regarding betterment fee 50- (1) When by the execution or a housing or improvement scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Board, be increased in value, the Board, in framing the scheme, may declare that betterment fee shall be payable by the owner of the land or any person having an interest therein, In respect of the increase in value of the land resulting from the execution of the scheme. (2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land where clear of buildings, exceeds the value of the land prior to the execution of the scheme estimated in the like manner and the betterment fee shall be one-third of such increase in value. (3) The Board may, with the previous approval of the State Government, declare that such betterment fee shall be payable also in respect of any land which is not situated in the area comprised in the scheme but is adjacent to, and within half a kilometer of the boundaries of, that area, if such land will be increased in value consequent on the execution of the Scheme. Assessment of betterment fee 51- (1) When it appears to the Board that the scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall, by resolution passed in this behalf, declare that for the purpose of determining such fee, the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice has been served under section 29 or to the successor-in-interest of such person, as the case may be, that the Board proposes to assess the amount of betterment fee payable in respect of such land under section 50. (2) After giving such person an opportunity of being heard, the Board shall in the manner prescribed vassess the amount of betterment fee payable by him, and serve on him a copy of the order of assessment. (3) The assessment made under sub-section (2) shall, subject to the result of appeal, if any, under sub-section (4), be final. (4) Any person aggrieved against an order of levy or assessment under sub-section (2), may file an appeal before the Tribunal within such time and in such manner as may be prescribed. 147 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 52-55 (5) The Tribunal may, after giving an opportunity of hearing to the parties in the prescribed mariner, pass such orders as it may deem fit. (6) The Tribunal may, pending decision of the appeal, pass such interim orders as it may deem fit. Notice of demand 52- (1) When the amount of betterment fee has been assessed under section 51, the Board shall by notice require the assesses to pay the betterment fee so assessed in such annual installments, not exceeding ten, and by such date's as may be fixed in this behalf : Provided that an assesses may at any time pay the entire amount of the betterment fee or of the balance then due, and in such case, he may be allowed such rebate as may be prescribed. (2) Where any installment of betterment fee is not paid by the date fixed under sub-section (1), interest at such rate, not exceeding six per cent per annum, as may be prescribed, shall be payable by the assessee from such date and shall be deemed to be part of the betterment fee. Betterment fee as a charge on land 53- (1) Any person liable to pay betterment fee in respect of any land may, at any time, at his option, instead of paying the same to the Board, execute an agreement with the Board leaving the payment of the betterment, fee or the balance thereof', as the case may be outstanding as a charge on his interest in such land, subject to the annual payment, in perpetuity, of interest on such amount at the rate of six per cent per annum. (2) Every payment due from any person in respect of a betterment fee, including a payment referred to in sub-section (1), shall notwithstanding anything contained in any law or agreement for the time being in force, be the first charge upon the interest of such person in such land, subject to the prior payment of land revenue, if any, duo to the State Government, as such land. (3) If any installment of interest due under an agreement executed in pursuance of sub-section (1) be not paid on the due date, or within such period of grace as may be prescribed, the betterment fee or the balance thereof, as the case may be, shall become payable on that date in addition to such installment. (4) At any time after an agreement has been executed in Pursuance of sub- section (I) any person may payoff the amount for which the charge has been created, with the interest due up to the dated such payment. Recovery of betterment fee, etc. as arrears of land revenue 54- All moneys payable in respect of any land by any person under this Chapter in respect of betterment fee or any interest due thereon up to the date of realisation, shall be recoverable by the Board from the said person or this successor-in-interest as arrears of land revenue. Chapter V PROPERTY, CONTRACT AND FINANCE Power To Acquire Land Act no. 1 of 1894 55- (1) Any land or any interest therein required by the Board for any of the purposes of this Act may be acquired under the provisions of the land Acquisition Act, 1894, as amended in its application to Uttar Pradesh, which for this purpose shall be subject to the modifications specified in the Schedule to this Act. 148 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 56-58] (2) If any land in respect of which betterment fee has been levied under this Act is subsequently required for any of the purposes of this Act, such levy shall not be deemed to prevent the acquisition of the land under the Land Acquisition Act, 1894. Power to acquire and dispose of land by agreement 56- Subject to such conditions and restrictions as may be prescribed, the Board may--- (1) by agreement with any person, purchase; lease or exchange any land or any interest therein required by it for any of the purposes of this Act; or (2) retain or sell, exchange, lease or otherwise dispose of any land vested in or acquired by it : Provided that in transferring by sale, exchange, lease or otherwise, any land acquired for any scheme under this Act, preference to such extent and in such manner as may be prescribed shall be given to the persons whose land was acquired for such scheme. Execution and registration of contracts etc. 57- (1) Every contract or assurance of property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be prescribed, (2) Notwithstanding anything contained in the Indian Registration Act, 1908, it shall not be necessary for the Housing Commissioner or any officer of the Board authorized to executive on behalf of the Board any agreement or other instrument to appear in person or by agent at any registration office in any proceedings connected with the registration of any such agreement or instrument or to sign as provided in section 58 of that Act : Provided that the registering officer to whom such instrument is presenter may, if he thinks fit, refer to the Housing Commissioner or such officer for information respecting the same and shall on being satisfied of the execution thereof, register the instrument. Financial provisions 58- (1) The Board shall have its own fund which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of Board. (2) The Board's fund shall be kept in the State Bank of India or, with the previous sanction of the State Government, in the U. P. Co-operative Bank or in a scheduled bank : Provided that nothing in this sub-section shall be deemed to preclude the Board from retaining such balances in cash as may be necessary for current payments or from investing any portion of the fund not required for immediate expenditure in any of the securities described in section 20 of the Indian Trust Act, 1882. (3) Subject to such conditions and limitations as may be prescribed, the Board may from time to time raise loans or enter into financial arrangements for the purposes of this Act. (4) Subject to such conditions and limitations as may be prescribed, the Board may grant loans and advances, on such terms and conditions as it may determine, to any other local authority, any co-operative society, or to any other person for the construction of houses. 149 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 59-63] Debentures 59- (1) The Board may, from time to time, with the previous sanction of the State Government, issue debentures for such amounts and on such terms and conditions as may be prescribed. (2) The State Government may guarantee, in such manner as it thinks fit, the payment of the principal and interest, or of either the principal or the interest, of any debentures issued under sub-section (1) : Provided that the Sate Government, shall, so long as any such guarantees are in force, lay before both Houses of the State Legislature in every year during the budget session, a statement. of the guarantees, if any, given during the current financial year, and an up-to-date account of the total sums, if any, which have been paid out of State revenues by reason of any such guarantees or paid into State revenues towards repayment of any money so paid out. (3) Debentures issued by the Board under this section shall be issued, transferred dealt with and redeemed in such manner as may be prescribed. Repayment of loans 60- (1) The Board shall, for the purpose of repayment or any loan raised by it, establish a sinking fund in such manner as may be prescribed. (2) Every such sinking fund shall be maintained, invested and applied in such manner as may be prescribed. (3) The Board may, and if so directed by the State Government shall, create a trust in the prescribed manner for investment of a sinking fund and for re-payment of the loan for which such fund was established. Grants and loans by Government 61- The State Government may, from time to time, make grants or advance loans to the Board for the purposes of this Act on such terms and conditions as the State Government may determine. 62- [***]1 Accounts and Audit 63- [(1) (a) The Housing Commissioner shall lay before the Board, at a special meeting to be held before the commencement of a financial year a budget of the Board for that year. (b) Every such budget shall be prepared in such form as may be prescribed and shall make provision for- (i) the housing and improvement schemes which the Board proposes to execute whether in part or whole during that year; (ii) the due fulfillment of all the liabilities of the Board ; and (iii) the efficient administration of this Act; and shall contain a statement showing the estimated receipts and expenditures on capital and revenue accounts for that year, and such other particulars as may be prescribed;