(1) (a) The operation of clause (c) of section 5, sections 54,
55 and 56, clause (xxxiii) of section 114, sub-section (3) of section 117,
clause (c) of sub-section (1) of section 119, section 191, sections 316,
317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329 and
333, clauses (a) and (b) of sub-section (1) of section 334, sections 335,
336, Chapter XIV of the 1[Uttar Pradesh Municipal Corporation Act,
1959], sections 178, 179, 180, 180-A, 181, 182 183, 184,
185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 222 of the
2[Uttar Pradesh] Municipalities Act, 1916 (or the said sections as
extended under section 338 thereof or under section 38 of the United
Provinces Town Areas Act, 1914), or as the case may be, of sections
162 to 171 of the 2[Uttar Pradesh Kshettra Panchayats and Zila
Panchayats Adhiniyam, 1961] and of the Uttar Pradesh (Regulation of
Building Operations) Act, 1958 and the Uttar Pradesh Avas Evam
Vikas Parishad Adhiniyam, 1965, 3[(except in relation to those housing
or improvement schemes which have either been notified under section
32 of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965,
before the declaration of the area comprised therein as development
area or which having been notified under section 28 of the said
Adhiniyam before the said declarations are thereafter approved by the
State Government for continuance under the said Adhiniyam or which
are initiated after such declaration with the approval of the State
Government, hereinafter in this section referred to as Special Avas
Parishad Schemes] shall in respect of a development area remain
suspended, and sub-section (3) of section 139 of the Uttar Pradesh
4[Municipal Corporation] Adhiniyam, 1959 shall have effect as if the
requirement as to constitution of a Development Fund were suspended
with effect from the date of constitution of the Authority for that area
and until the dissolution of such Authority, and the provisions of
5[section 6 and 24 of the United Provinces General Clauses Act, 1904]
shall apply in relation to such suspension as if the suspension
amounted to repeal of the said enactments by this Act, and in
particular, all proceedings relating to acquisition of land and interest
in land for improvement schemes under the said enactments pending
immediately before such suspension before any court, tribunal or
authority may be continued and concluded in accordance with the
provisions of the said enactments (which shall mutatis mutandis apply)
as if those provisions were not suspended, 6[and the powers, for doing
anything which could, but for such suspension of the Uttar Pradesh
(Regulation of Building Operation) Act, 1958, be done by the
prescribed authority and controlling authority and which can, after
such suspension be done by virtue of the application of section 6 of the
Uttar Pradesh General Clauses Act, 1904, shall vest in the Vice-
Chairman and the Chairman respectively.]
(b) The operation of the provisions suspended by virtue of
clause (a) shall revive upon the dissolution of the Authority under
section 58, and the provisions of
7[section 6 and 24 of the United
Provinces General Clauses Act, 1904] shall apply in relation to the
cesser of application of the corresponding provisions of this Act, as if
such cesser amounted to a repeal of these provisions of this Act, by an
Uttar Pradesh Act.
8[(c) without prejudice to the generality of the provisions of
clauses (a) and (b), any bye laws, directions or regulations under the U. P. Municipalities Act, 1916 or the Uttar Pradesh Regulation of
Building Operations Act, 1958 or the Uttar Pradesh
4[Municipal
Corporation] Adhiniyam. 1959, as the case may be, and in force on the
date immediately before the date of commence ment of this Act, shall,
in so far as they are not inconsistent with the provisions of this Act,
continue in force, until altered, repealed, or amended by any
competent authority under this Act ;]
(2) Where any area for which an Improvement Trust constituted
under the United Provinces Town Improvement Act, 1919 is in
existence is declared to be a development area under section 3, the
said Act as well as the Uttar Pradesh Local Bodies (Appointment of
Administrator) Act, 1961, if applicable, shall, in relation to such area,
stand repealed as from the date of the constitution of the Development
Authority for that area, and the Improvement Trust shall as from that
date stand dissolved.
(3) On and from the date of the constitution of the Development
Authority in relation to development area which includes the whole of
a city as defined in the Uttar Pradesh
4[Municipal Corporation]
Adhiniyam, 1959, all posts borne on the establishment of the
4[Municipal Corporation] of that city exclusively in connection with its
activities under Chapter XIV of the said Adhiniyam or under the Uttar
Pradesh (Regulation of Building Operations) Act, 1958, immediately
before the date of the constitution of the Development Authority, not
being a post governed by the Uttar Pradesh Palika (Centralized)
Services Rules, 1966 (hereinafter in this section referred to as the
Centralized Services), shall, on and from such date, stand transferred
to the Development Authority with such designations as the Authority
may determine and officers and other employees who are not members
of any Centralized services, serving under the
4[Municipal Corporation]
of that City not exceeding the number of posts so transferred shall be
selected in accordance with such directions as may be issued by the
State Government for being appointed on the said posts and on such
selection shall stand transferred to and become officers and other
employees of the Development Authority and shall as such hold office
by the same tenure, at the same remuneration and on the same terms
and conditions of service as they would have held the same if the
Authority had not been constituted, and shall continue to do so unless
and until such tenure, remuneration and terms and conditions are
duly altered by the Authority.]
Provided that any service rendered under the
4[Municipal Corporation] by any such officer or other employee before the
constitution of the Authority shall be deemed to be service rendered
under the Authority:
Provided further that the Authority may employ any such
officer or other employee in the discharge of such functions under this
Act, as it may think proper, and every such officer or other employee
shall discharge those functions accordingly.
9[(4) On and from the date of the constitution of the
Development Authority in relation to a development area which
includes the whole of a city as defined in the Uttar Pradesh
4[Municipal
Corporation] Adhiniyam, 1959, all posts governed by the Centralized
Services which were borne on the establishment of the
4[Municipal
Corporation] of that city exclusively in connection with its said
activities immediately before the date of constitution of the
Development Authority shall, on and from such date, stand transferred
to the Development Authority with such designations as the State
Government may determine, but all such posts shall continue to be
filled by members of the Centralized Services, as they would have been
filled had they not been so transferred to the Authority, and the said
Adhiniyam and the rules relating to the centralized services shall be
deemed to be amended accordingly.]
(5) Every officer and other employee serving under an
Improvement Trust referred to in sub-section (2) immediately before
the date of the constitution of the Development Authority shall, on and
from such date, be transferred to and become an officer or other
employee of the Development Authority with such designations as the
Authority may determine and shall hold office by the same tenure, at
the same remuneration and on the same terms and conditions of
service as he would have held the same if the Authority had not been
constituted, and shall continue to do so unless and until such tenure,
remuneration and terms and conditions are duly altered by the
Authority:
Provided that any service rendered under the Trust by any such
officer or other employee before the constitution of the Authority shall
be deemed to be service rendered under the Authority:
Provided further that the Authority may employ any such
officer or other employee in the discharge of such functions under this
Act, as it may think proper, and every such officer other employee shall
discharge those functions accordingly.
(6) Notwithstanding the provisions of Sub-sections (1) and (2)
(a) anything done or any action taken (including any
notification issued or order or scheme made or permission granted)
under any of the enactments referred to in sub-sections (1) and (2)
shall, so far as it is not inconsistent with the provisions of this Act,
continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything
done or any action taken under the provisions of this Act;
(b) all debts, obligations and liabilities incurred, all contracts
entered into and all matters and things engaged to be done by, with or
for any local authority constituted under any enactment referred to in
sub-sections (1) and (2) in relation exclusively to the performance of
functions assigned to the Development Authority by this Act shall be
deemed to have been incurred, entered into or engaged to be done by,
with or for the Development Authority concerned;
(c) all properties, movable and immovable, vested in an
Improvement Trust referred to in sub-section (2) shall vest in the
Development Authority concerned, and all properties movable and
immovable, vested in any other
10[local authority constituted under any
enactment referred to in sub-section (1)] in relation exclusively to the
performance of functions assigned to the development Authority by
this Act shall vest in the Development Authority concerned ;
(d) all rents, fees and other sums of money due to an
Improvement Trust referred to in sub-section (2) or in relation
exclusively to the performance of functions assigned to the
Development Authority by this Act shall be deemed to be due to the
Development Authority concerned;
(e) all suits, prosecutions and other legal proceedings instituted
or which might have been instituted by, for or against
11[any authority
appointed or constituted under any enactment referred to in sub-
section (1)] or sub-section (2) in relation to the performance of
functions assigned to the Development Authority by this Act may be
continued or instituted by, for or against the Development Authority.
12[(f) all appeals under sub-section (2) of section 15 of the Uttar
Pradesh (Regulation of Building Operations) Act, 1958 in relation to an
area declared under this Act as a development area, pending before the
Controlling Authority on the date of such declaration shall stand
transferred to the Chairman and the decision of the Chairman shall be
final and all such appeals which were addressed to the Controlling
Authority and which were entertained by the Chairman after the said
declaration shall be deemed to have been preferred to the Chairman
and the decision of the Chairman shall be final.]
Explanation-For the purposes of this sub-section, the
Development Fund referred to in sub-section (3) of section 139 of the
Uttar Pradesh
4[Municipal Corporation] Adhiniyam, 1959, and all
properties created out of that fund, and all debts, obligations and
liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Mahapalika in relation to
such properties or in relation to the functions specified in Chapter XIV
of the said Adhiniyam, shall be deemed to relate to the performance of
functions assigned to the Development Authority by this Act and
clauses (a), (b), (c), (d) and (e) shall apply accordingly.
(7) If any dispute arises between any Local Authority or a
Develop ment Authority whether for purposes of clauses (b), (c) and (d)
of sub-section (6) any debt, obligation or liability was incurred or any
contract was entered into or anything was engaged to be done by, with
or for any local authority, or any property vested in any local authority,
or any rent, fee or other sum was due to any local authority, in relation
exclusively to the performance of functions assigned by this Act to the
Development Authority it shall be referred to the State Government
whose decision shall be final and shall not be questioned in any court.
(8) If any question arises whether for the purpose of
sub-section (3) any officer or other employee of the
4[Municipal
Corporation] concerned was immediately before the date of
constitution of the Development Authority employed exclusively in
connection with the performance of functions under Chapter XIV of the
Uttar Pradesh
4[Municipal Corporation] Adhiniyam, 1959, in the area
for which the Development Authority is constituted it shall be referred
to the State Government, whose decision shall be final and shall not be
questioned in any court.
(9) Nothing in sub-sections (3) and (5) shall apply to an officer
or other employee of a
4[Municipal Corporation] or an Improvement
Trust, as the case may be, who within one month from the date of the
constitution of the Development Authority concerned intimates the
Corporation, or Trust of his option not to become an employee of the
Development Authority, and on receipt of such intimation by that
body, his employment thereunder shall stand immediately determined,
and his post under that body shall stand abolished and he shall be
entitled to receive from that body compensation-
(a) if he was employed immediately before the date of the
constitution of the Development Authority, in a permanent capacity,
equivalent to three month's salary;
(b) if he was employed immediately before the date of the
constitution of the Development Authority in a temporary capacity,
equivalent to one month's salary.
Explanation-In this sub-section, the expression "salary"
includes Dearness Allowance, Special Pay or any other, like periodical
allowance or pay.
(10) Notwithstanding anything contained in the U. P. Industrial
Disputes Act, 1947 or in any other law for the time being in force, the
transfer of services of any officer or the employee to the Development
Authority under sub-section (3) or sub-section (5) shall not entitle him
to any compensation under the Act or such other law, and no such
claim shall be entertained by any our tribunal or authority.
(11) Notwithstanding anything contained in sub-sections (3)
and (5) an appointment made or promotion, increment in salary,
pension, allowance or another benefit granted to any pension after the
commencement of this Act and before the date of constitution of the
Development Authority which in the opinion of the Development
Authority would not ordinarily have been mad or granted or would not
ordinarily have been admissible under the terms and conditions of
service in force prior to the commencement of this Act shall have effect
or be payable or claimable from the Development Authority or from any
Provident, Pension or other fund or from any authority administring
the fund unless the State Government has, by general or special or
confirmed the appointment, promotion or increment or has directed
the continued grant of the pension, allowance or other benefit, as the
case may be.
(12) For the persons who immediately before the date of,
constitution of the Development Authority were trustees of any
pension, provident gratuity or other like fund constituted for the
officers and other employ referred to in sub-section (3) or sub-section
(5), other than trustees nominated by or under any law, there shall be
substituted as trustees such persons as the State Government may by
general or special order specify.
(13) For the purposes of clauses (b), (c), (d) and (e) of sub-
section (6) all the functions of a
4[Municipal Corporation] under
Chapter XIV of the Uttar Pradesh
4[Municipal Corporation] Adhiniyam,
1959 and all the functions of the Uttar Pradesh Avas Evam Vikas
Parishad under the Uttar Pradesh Avas Evam Vikas Parishad
Adhiniyam, 1965, other than those related to any
13[Special Avas
Parishad schemes] shall be deemed to be functions assigned to the
Development Authority by this Act.
14[(14) Notwithstanding anything contained in section 365 of the
Uttar Pradesh Municipal Corporation Adhiniyam, 1959, all acquisition
of land and interest in land for an improvement scheme the functions
in respect of which are to be deemed as functions assigned to the
Development Authority under sub-section (13) shall be completed at
least up to the stage of making awards on or before
15[December 31,
1982.]]
1. Subs. by sec. 11(1) of U. P. Act No. 03 of 1997.
2. Subs. by sec. 11 of U.P. Act No. 03 of 1997.
3. Subs. by sec. 06 of U. P. Act No. 47 of 1976.
4. Subs. by sec. 15(1)of U. P. Act No. 13 of 1975.
5. Ins. by sec. 6(a)(2) of U. P. Act No. 47 of 1976.
6. Subs. by sec. 15(a)(ii) of U. P. Act No. 13 of 1975.
7. Ins. by sec. 15(a)(iii) of U. P. Act No. 13 of 1975.
8. Subs. by sec. 15(b) of U. P. Act No. 13 of 1975.
9.Subs. by sec. 15(c) of U. P. Act No. 13 of 1975.
10. Subs. by sec. 15(d)(1) of U. P. Act No. 13 of 1975.
11. Subs. by sec. 15(d)(2) of U. P. Act No. 13 of 1975.
12. Ins. by sec. 15(d)(3) of U. P. Act No. 13 of 1975.
13. Subs. by sec. 6(b) of U. P. Act No. 47 of 1976.
14. Ins. by sec. 10 of U. P. Act No. 19 of 1976.
15. Subs. by sec. 2 of U. P. Act No. 06 of 1982.