(1) This Act may be called the Uttar Pradesh Board for Development of Municipal Financial Resources Act, 2011. (2) It extends to the whole of the State of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.
(1) In this Act, unless there is anything repugnant in the subject or context, (a) "Board" means the Uttar Pradesh Board for Development of Municipal Financial Resources; (b) "Chairperson" means the Chairperson of the Board and the Head of the Department thereof; (c) "Member" means a member of the Board other than ex-officio member; (d) "Municipality" means a Municipal Corporation or Municipal Council or a Nagar Panchayat, constituted under clause (1) of Article 243-Q of the Constitution of India; (e) "Municipal Act" means the Uttar Pradesh Municipal Corporation Act, 1959, and the Uttar Pradesh Municipalities Act, 1916; (f) "Property tax" means the property tax on lands and buildings levied under the Municipal Act; (g) "Regulation" means regulations made under section 37.(2) Words and expressions used in this Act but not defined shall have the meanings respectively assigned to them in the Municipal Acts.
With effect from the date of notification referred to in subsection (1) of section 4, the provisions of the Municipal Acts, or any other law relating to any of the matters provided for in this Act shall be deemed to have been modified to the extent of the provisions of this Act.
(1) The State Government shall, by notification, establish a Board to be called the Uttar Pradesh Board for the Development of Municipal Financial Resources. (2) The Board shall be a body corporate. (3) The head office of the Board shall be at Lucknow.
(1) The Board shall consist of a Chairperson and 4 other Members and the Director Local Bodies Uttar Pradesh shall be ex-officio member of the Board. (2) The Chairperson shall be a person with administrative experience of not less than 25 years and must have held the post of Chief Secretary of the State Government or the Secretary to the Government of India or any other post equivalent thereto having experience of departments related to urban administration. (3) The Members shall be the persons having special knowledge and experience in the fields of municipal administration, finance and accounts, valuation of urban properties, State Laws including municipal laws or civil engineering or as the State Government may determine, and must have at least 25 years of experience in relevant field and held the post of at least the Secretary to the State Government or equivalent thereto. (4) The Board shall appoint a Secretary to exercise and perform such duties, under the control of the Chairperson, in such manner as may be specified by regulations. (5) The Chairperson and the Members of the Board shall hold office for a period of five years from the date he enters upon his office and the terms and conditions of their service, including salaries and allowances, shall be such as may be prescribed : Provided that the Chairperson or a Member shall not hold office after he has attained the age of sixty five years. (6) The salary, allowances and other conditions of services of Chairperson and Members shall not be varied to their disadvantage after appointment. (7) The Chairperson or any Member of the Board shall not hold any other office during the tenure thereof as such. (8) The Chairperson shall be the Chief Executive Officer of the Board. (9) Where the Chairperson is unable to discharge his functions owing to absence, illness, death, resignation or any other cause or where any vacancy occurs in the office of the Chairperson, a Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by Members present from amongst themselves, shall exercise the powers and discharge the duties of the Chairperson. (10) A person shall be disqualified for appointment as the Chairperson or a Member, if he:- (a) has been adjudged as insolvent; or (b) has become physically or mentally incapable of acting; or (c) has been convicted and sentenced to imprisonment for any offence involving moral turpitude; or (d) has acquired such financial or other interest as is likely to affect his functions as the Chairperson or a Member; or (e) has so abused his position as to render his continuance in the office pre-judicial to the public interest; or (f) is a Member of Parliament, or any State Legislature or any local authority or is a candidate for election thereto; or (g) is or has been an active Member of a political party or has held or holds a post therein. (11) The Chairperson or a Member shall only be removed from his office by the State Government on the grounds of proved misbehavior or on the grounds specified in clause (b), clause (d) or clause (e) of sub-section (10) after a panel of three enquiry officers appointed, from amongst officers equivalent to Chief Secretary to the State Government, for this purpose, on a reference made to them by the State Government, has, on enquiry, held by the panel and in consultation with the leader of opposition of the State Legislative Assembly, reported that the Chairperson or the Member ought to, on any such grounds be removed.
(1) The Governor shall, appoint a person, on the advice of the chief Minister, as the Chairperson and the Members of the Board. (2) The person appointed under sub-section (1) shall, before entering upon the office, make and subcribe before the Governor or any person nominated by him an oath of affirmation in such form as may be prescribed.(3) The person appointed under sub-section (1) may, by writing under his hand addressed to the Governor, resign his office.(4) The person appointed under sub-section (1) may be removed from office in such manner as may be prescribed.