Amendment status not verified — confirm the current text below against the official source.
Insertion by section 2 of Uttarakhand Act No. 11 of 2012. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 14] (i) either make necessary modifications in the proposal for development to meet the objections raised by the Chairman; or (ii) submit the proposals for development together with the objections raised by the Chairman to the Authority for decision under clause (d); (d) the Authority on receipt of proposals for development together with the objections of the Chairman may either approve the proposals with or without modifications or direct the department or the local authority, as the case may be, to make such modifications as it considers necessary and the decision of the Authority shall be final. Application for permission 14- (1) Every person or body (other than any department of Government or any local authority) desiring to obtain the permission referred to in section 13 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by the regulations. (3) On the receipt of an application for permission under sub-section (1), the Authority or such person as may be authorized by it in this behalf, after making such inquiry as is considered necessary in relation to any matter specified in clause (d) of sub-section (2) of section 9 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause : Provided further that the Authority may, before passing any order on such application give an opportunity to the applicant to make any correction therein or to supply any further particulars or documents or to make good any deficiency in the requisite fee with a view to bringing it in conformity with the relevant rules or regulations. (4) Where permission is refused, the grounds of such refusal shall forthwith be recorded in writing and communicated to the applicant. (5) Any person aggrieved by an order under sub-section (4) may appeal to the State Government against that order within thirty days from the communication thereof and the State Government may pass such orders as it thinks fit. (6) The Authority shall keep in such form as may be prescribed a register of applications for permission under this section. (7) The said register shall contain such particulars, including information as to the manner in which application for permission have been dealt with, as may be laid down in the regulations, and shall be available for inspection by the public at all reasonable hours on payment of such fee as may be laid down in the regulations. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 15-17] Uses of land and buildings in contravention of Plans 15- After the coming into operation of any of the plans in a sector, no person shall use or permit to be used any land or building in that sector otherwise than in conformity with such plan : Provided that it shall be lawful to continue to use, upon such terms and conditions as may be prescribed, any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force. CHAPTER V Acquisition and Disposal of Land Compulsory acquisition of land 16- (1) If in the opinion of the State Government, any land is required for the purpose of development, or for any other purpose, under this Act the State Government may acquire such land under the provisions of the Land Acquisition Act, 1894: Provided that any person from whom any land is so acquired may, after the expiration of a period of five years from the date of such acquisition, apply to the State Government for restoration of that land to him on the ground that the land has not been utilized within the period for the purpose for which it was acquired, and if the State Government is so satisfied it shall order restoration of the land to him on re-payment of the charges which were incurred in connection with the acquisition together with interest at the rate of twelve per cent per annum and such development charges, if any, as may have been incurred after acquisition. (2) Where any land has been acquired by the State Government, it may, after it has taken possession of the land, transfer the land to the Authority for the purpose for which the land has been acquired on payment by such Authority of the compensation awarded under that Act and of the charges incurred by the State Government in connection with the acquisition. Disposal of land by the Authority concerned 17- (1) Subject to any directions given by the State Government in this behalf, the Authority may dispose of- (a) any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon, or (b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of the special development areas according to plan. (2) Nothing in this Act shall be construed as enabling such Authority to dispose of land by way of gift, but subject thereto, references in this Act to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement, right or privilege or otherwise. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 18-20] CHAPTER VI Finance, Accounts and Audit Fund of the Authority 18- (1) The Authority shall have and maintain its own fund to which shall be credited -- (a) all moneys received by the Authority from the State Government or the Central Government by way of grants, loans, advances or otherwise; (b) all moneys borrowed by the Authority from sources other than the State Government or the Central Government by way of loans or debentures; (c) all fees, tolls, cess and charges received by the Authority under this Act; (d) all moneys received by the Authority from the disposal of lands, buildings and other properties movable and immovable; and (e) all moneys received by the Authority by way of rents and profits or in any other manner or from any other source. (2) The fund shall be applied towards meeting the expenses to be incurred by the Authority in the administration of this Act and for no other purposes. (3) The Authority may borrow money by way of loans or debentures from the Central Government or State Government or such other sources and on such terms and conditions as may be approved by the State Government. (4) The Authority shall maintain a sinking fund for the repayment of moneys borrowed under sub-section (3); and shall pay every year to the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed. (5) The sinking fund or any part thereof shall be applied in, or towards, the discharge of the loans for which such fund was created, and until such loans are wholly discharged if shall not be applied for any other purpose. Budget of the Authority 19- The Authority shall prepare in such form and at such time every year as the State Government may specify, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Authority. Accounts and Audit 20- (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet in such form as the State Government may specify. (2) The accounts of the Authority shall be subject to audit annually by the Director, Local Fund Audit Department and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Director, Local Fund Audit Department. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 21-23] (3) The Director, Local Fund Audit Department and any person appointed by him in connection with the audit of accounts of the Authority shall have the same rights, privileges and authority in connection with such audit as the Director, Local Fund Audit Department has in connection with the audit of the accounts of a local authority and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect, the office of such Authority. (4) The accounts of the Authority as certified by the Director, Local Fund Audit Department or any other person appointed by him in that behalf, together with the audit report thereon, shall be forwarded annually to the State Government. Annual Report 21- The Authority shall prepare for every year a report of its activities during that year and submit a report to the State Government in such form and on or before such date as the State Government may specify. Pension and Provident Fund 22- (1) The Authority may constitute for the benefit of its paid members and of its officers and other employees in such manner and subject to such conditions, as the State Government may specify, such pension or provident funds, or schemes of group insurance as it may deem fit. (2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund. CHAPTER VII Supplemental and Miscellaneous Provisions Power to entry 23- Subject to any rules that may be made in this behalf, the Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purposes of -- (a) making any inquiry, inspection, measurement or survey or taking levels of such land or building; (b) examining works under construction and ascertaining the course of sewers and drains; (c) digging or boring into the sub-soil: (d) setting out boundaries and intended lines of work; (e) making such levels, boundaries and lines by placing marks and cutting trenches; (f) ascertaining whether any land is being or has been developed in contravention of the master plan or without the permission referred to in section 14 or in contravention of any condition subject to which permission has been granted ; or (g) doing any other thing necessary for the efficient administration of this Act. Explanation-- Every person authorised to enter into or upon any land or building under this section, shall while so acting in pursuance of such authority, be deemed to be a public servant for the purposes of section 21 of the Indian Penal Code. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 24-25] Offences 24- (1) Any person who undertakes or carries out development of any land in contravention of the master plan or sector plan or without the permission, approval or sanction referred to in section 14 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence with further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. (2) Any person who uses any land or building in contravention of the provisions of section 15 or in contravention of any terms and conditions prescribed under the proviso to that section shall be punishable with fine which may extend to five thousand rupees and in the case of continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence. (3) Any person who obstructs the entry of a person authorized under section 23 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Order of demolition of building 25- (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or sector plan or without the permission, approval or sanction referred to in section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, then without prejudice to the provisions of section 24 the Authority may make an order, directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days as may be specified in the order and on his failure to comply with the order, may remove or cause to be removed such development and expenses of such removal shall be recoverable from the owner or the person at whose instance the development was commenced or was being carried out or was completed, as arrears of land revenue and no suit shall lie in the Civil Court for recovery of such expenses : Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. (2) The provisions of this section shall be in addition to and not in derogation of any other provision relating to demolition of buildings contained in any other law for the time being in force. (3) Any person aggrieved by an order passed under sub-section (1) may within thirty days from the date of such order, prefer an appeal to the Commissioner of the division and the decision of the Commissioner in such appeal, shall be final. (4) The provisions of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to the hearing and disposal of any appeal under this section, as if it were all appeal from original decree under that Code. (5) It shall be lawful for the Commissioner to pass such interlocutory or interim orders including stay of operation of the order appealed against, as he considers necessary for the ends of justice. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 26-27] Power to stop development 26- (1) Where any development has been commenced or continued in contravention of the master plan or sector plan or without the permission, approval or sanction referred to in section 14 or in contravention of any condition subject to which such permission, approval or sanction has been granted, then, without prejudice to the provisions of sections 24 and 25, the Authority or such officer as may be authorized by it in this behalf, may make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. (2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or such officer may require any police officer to remove the person by whom the development has been commenced and all the assistants and workmen from the place of development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) Any person failing to comply with an order under sub-section (1), or sub-section (2), shall be punishable with fine which may extend to five thousand rupees. (4) No compensation shall be admissible to any person for any damage which he may sustain in consequence of the removal of any development under section 25 or the discontinuance of the development under this section. (5) The provisions of this section shall be in addition to and not in derogation of other provision relating to stoppage of building operation contained in any other law for the time being in force. Offences by companies 27- (1) if the person committing an offence under this Act is a company every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. (3) Every company shall at such interval as may be prescribed file a statement, with the Authority, specifying the name, designation and address of the person or persons in charge of and responsible to such company for the conduct of its affairs in relation to matters provided under this Act. Explanation-- For the purposes of this section :-- (a) "company" means a body corporate and includes a firm or other association of individuals ; and (b) Director" in relation to a firm means a partner in the firm. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 28-31] Fines when rea- lised to be paid to the Authority 28- All fines realized in connection with prosecutions under this Act shall be paid and credited to the Authority. Composition of offences 29- (1) Any offence made punishable by or under this Act may either before or after the institution of proceedings be compounded by the Authority or any officer authorized by it in that behalf by general or special order on such terms including any term, as regards, payment of composition fee, as such Authority or officer, may think fit. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded. Power of the Authority to provide amenity or carry out development at the cost of owner in the event of his default and to levy cess in certain cases 30- (1) If the Authority is satisfied that any amenity has not been provided but which ought to be provided or that any development of the land for which permission, approval or sanction had been obtained under this Act or under any law in force before the commencement of this Act has not been carried out, it may after affording the owner of the land or the person providing or responsible for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the development within such time as may be specified in the order. (2) If any amenity is not provided or any such development is not carried out within the time specified in the order, then the Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit : Provided that before taking any action under this sub-section, the Authority shall afford a reasonable opportunity to the owner of the land or to the person providing or responsible for providing the amenity to show cause as to why such action should not be taken. (3) All expenses incurred by the Authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate, as the State Government may, by order fix from the date when a demand for the expenses is made until payment may be recovered by the Authority from the owner or the person providing or responsible for providing the amenity as arrears of land revenue, and no suit shall lie in the Civil Court for recovery of such expenses. (4) The expenses incurred by the Authority or the agency employed by it under this section shall be certified by such Authority and such certificate shall be final. Power of Authority to require local authority to assume responsibilities in certain cases 31- Where any area has been developed by the Authority, the Authority, may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provisions of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority, and where such terms and conditions can not be agreed upon, then on a reference of the matter to the State Government by the Authority on terms and conditions settled by the State Government in consultation with the local authority. 1 [The U. P. Special Area Development Authorities Act, 1986] [Section 32-38] Betterment charges 32- Where in the opinion of the Authority, as a consequence of any development scheme having been executed by it in any special development area, the value of any property in that area which has been benefited by the development, has increased or will increase, such Authority shall be entitled to levy in such manner as may be prescribed upon the owner of the property or any person having an interest therein a betterment charge at such rate as may be prescribed in respect of the increase in value of the property resulting from the execution of the development : Provided that no betterment charge shall be levied in respect of lands owned by Government: Provided further that where any land belonging to Government has been granted by way of lease or licence by Government to any person, then that land and any building situate thereon shall be subject to a betterment charge under this section. Payment of betterment charge 33- (1) The betterment charge levied under this Act shall be payable in such number of instalments, and each instalment shall be payable at such time and in such manner as may be fixed by regulations made in that behalf. (2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue. 34- [***]1 Cess on mineral rights 35- (1) Subject to any limitations imposed by Parliament by law relating to mineral development, the Authority may impose a cess on mineral rights at such rate as may be prescribed. (2) Any cess imposed under this section shall be subject to confirmation by the State Government and shall be leviable with effect from such date as may be appointed by the State Government in this behalf. Power to levy charge on the consumption or sale of electricity 36- Notwithstanding anything contained in any other law for the time being in force, there may be levied by the Authority, with the previous sanction of the State Government, cess at a rate, not exceeding ten paise per kwt, on the consumption or sale of electricity in the special development area. Mode of recovery of moneys due to the Authority 37- Any money certified by the Authority as due to it on account of fees or charge, or from the disposal of lands, buildings or other properties, movable or immovable or by way of rents and profits may, if the recovery thereof is not expressly provided for in any other provision of this Act, be recovered by such Authority as arrears of land revenue, and no suit shall lie in the Civil Court for recovery of such money. Control by State Government 38- (1) The Authority shall carry out to such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.