THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965

120 THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965 1 [U.P. ACT NO. 1 OF 1966] Amended by the U. P. Act no. XXIX of 1966. U. P. Act no. XXX of 1970. U. P. Act no. XIII of 1972. U. P. Act no. XXII of 1972. U. P. Act no. XLVII of 1976. U.P. Act no. X of 1978 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on August 17, 1965 and by the Uttar Pradesh Legislative Council on September 6, 1965. Received the Assent of the President on September 28, 1965 under Article 201 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette, Extraordinary, dated February 16, 1966. AN ACT to provide for the establishment, incorporation and functioning of a housing and development board in Uttar Pradesh. It is hereby enacted in the Sixteenth year of the Republic of India as follows: Chapter 1 PRELIMINARY Short title and commencement 1- (1) This Act may be called the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965. (2) It extends to the whole of Uttar Pradesh excluding cantonment areas. (3) It shall come into force in such area and on such date as the State Government may by notification in the Gazette appoint; and different dates may be appointed for different areas of Uttar Pradesh. 1. For statement of objects and reasons see U. P. Gazette extraordinary dated April 15, 1965. Number of notifications and dates Description of areas in which the Act was enforced Dates on which the Act was enforced O-32 H-O/XXXVII 8 (H-B) 65, dated March 29, 1966. The cities of Kanpur, Allahbad, Varansi, Agra and Lucnow as constituted under section 3 of the U.P. Nagar Mahapalika Adhiniyam, 1959 (U.P. Act no. II of 1959) April 1, 1966. O-324/XXXVII-8 (H-B) 65, dated December 2, 1967. Areas under the jurisdiction of the Improvement Trusts of Meerut, Dehra Dun, Bareilly, Gorakhpur, Saharanput, Moradabad, Aligarh, Faizabad, Shahjanpur and Jhansi. December 7, 1967 5212-K/XXXVII-8(H-B) 65, dated November 29, 1968. The area within the limits of Almora Municipality. December 1, 1968. 121 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 1] 1 2 3 2154-K/XXXVII-8(H-B) 65, dated August 20, 1971. (1)The areas falling within the limits of the municipalities of Firozabad, Sitapur Basti, Rishikesh, Mathura, Jaunpur, Banda, Muzafar-nagar, Rampur, Farrukhabad cum-Fatehgarh, Azamgarh, Bahraich, Rae-Bareli, Hapur, Hardwar, Roorkee, Mussoorie, Naini Tal, Vrindaban, Pilibhit, Maunath Bhanja, Mirzapur, Shikohabad, Kasganj, Unnao, Chandausi, Shahabd, Etah, Amroha Etawah, Lakhimpur, Mainpuri, Deoria, Haldwani cum-Kathgodam, Bulandshar, Rudrapur and Pauri, and August 21, 1971 (2) The areas falling within the limits of the Regulated Areas Kicha and Bazpur, declared as such under section 3(i) of the U.P. (Regulation and Building Operations) Act, 1958 (U.P. Act no. XXXIV of 1958) 239/XXXVII. 2-8 (HB) 65, dated December 2, 1971 The area following within the limits of the Municipality of pratepgarh and the areas lying within the periphery of five kilometres beyond the limits of the said Municipality. December 3, 1971 239/XXXVII 2-8 (HB) 65 dated December 4, 1971 (1) The area lying within the periphery of five kilometres beyond the municipal limits of Firozabad, sitapur, Basti, Rishikesh, Mathura, Jaunpur, Banda, Mauzaffarnager, Rampur, Farrukhabad-cum-Fatehgarh, Azamgarh, Baharich, Rae Bareli, hapur, Hardwar, Roorkee, Mussorrie, Naini Tal, Vrindaban, Pilibhit, Maunath Bhanjan, Mirzapur, Shikohbad, Kasganj, Unnau, Chandausi, Shahabad, Etah, Amroha, Etawah , Lakhimpur, Mainpuri, Deoria, Haldwani-cum- Kathgodam, Bulandshar, Redrapur and Pauri; and (2)The areas lying within the periphery of five kilemetres beyond the limits of regulated Areas Kichha and Bazpur. December 4, 1971 358/XXXVII-2-8 (HB) 65, dated March 21, 1972 The areas falling within the limits of the municipality of Kotdwara. March 22, 1972 2686/XXXVII-2-8(HB)65, dated June 19, 1972 (1) The areas lying within the limits of the municipalities of Bara Banki (nawabganj), Gonda, Sultanpur, Orai, Uttar Kshai, Kamirpur, Pithoragarh, Hardoi, Bijnor, Budaun, Ballia and Ghazipur. (2) The area lying within the limits of Notified Areas of Chamoli-Gopeshwar and Narendra Nagar. July 1, 1972 434/XXXVII. 2-284(V) 71, dated December 2, 1972 (1) Areas under the Jurisdiction of municipalities of Kshipur, Jospur, Ramnagar, and Tanakpur. (2) Areas under jurisdiction of town areas of Gadarupr, sitarganj and Bhimtal Town, July 1, 1972 3530/XXXVII. 2-8(HB) 65, dated September 26, 1977 (1) the area falling within the limits of municipalities of Chhibramau (district Farrukhabad) and Shrinagar (district Garhwal), (2) The Area falling within the limits of town Area Ranipur (district Saharanpur) September 26, 1977 122 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 2] Definitions U.P. Act II of 1959 U.P. Act no. II of 1916 2- In this Act, unless the context otherwise requires- (a) "Adhyaksh" means the Adhyaksh of the Board; (b) "appointed day”, in relation to any area, means the day on which this Act comes into force in. that area ; (c) "betterment fee" means the fee leviable under Chapter IV ; (d) "Board" means the Uttar Pradesh Avas Evam Vikas Parishad established 'under this Act; (e) "Board premises", means any premises belonging to, or vested in, the Board or taken on lease by the Board or which are entrusted to, or are in the possession or control of the Board for the purposes of this Act; (f) "building'' means a house, out-house, stable, shed, hut (other than a hut-made of mud appurtenant to or situated in a cultivated field in any area outside the limits of a city, municipality town area or notified area) or, other enclosure or structure, whether of masonry, bricks; wood, mud, metal or any other material whatsoever, and whether used as a human dwelling or otherwise, and includes any verandah, platform, plinth, staircase door- step or wall, including compound wall other than a boundary wall of a garden or of agricultural land not appurtenant, to a house, but does not include a tent or other such portable temporary shelter; (g) "City” means any local area constituted to be a city under section 3 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; (h) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (i) "Master Plan” means a Master Plan prepared under any law for the time being in force ; (j) "municipality"; means a municipality as defined in clause (9) of section 2 of the U.P. Municipalities Act, 1916; (k) "Nagar Mahapalika" means a Nagar Mahapalika established under section 4 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; (l) "notified area” means a notified area as defined in sub­ section (2) of section 337 of the U. P. Municipalities Act, 1916 ; (m) "premises" means any building or part of building, and includes- - (i) any garden, grounds, land and out-houses appurtaining to such building or part ; and (ii) any fittings affixed to such building or part for the more beneficial enjoyment thereof ; (n) "prescribed" means prescribed by rules; (o) “prescribed authority” means any authority appointed by the State Government by notification in the Gazette to perform all or any of the functions of a prescribed authority under this Act ; 123 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 3] (p) "regulations" means regulations made under this Act; (q) "rules" means rules made under this Act ; (r) "State Government" means the Government of Uttar Pradesh ; (s) "town area" means any local area declared or defined under section 3 of the U. P. Town Areas Act, 1914 to be a town area; (t) “Tribunal” means a Tribunal constituted under section 64; (u) “Unit” means a Housing Unit established under section 9 ; and (v) except in clauses (f), (g) and (j), references to a ‘city’, or ‘municipality’ shall be constructed as including references to areas lying within a distance of five kilometres beyond the limits of such city or municipality. Chapter II ESTABLISHMENT AND CONDUCT OF BUSINESS OF THE BOARD Constitution of the Board 3- (1) The State Government shall by notification in the Gazette establish a Board to be called the Uttar Pradesh Avas Evam Vikas Parishad. (2) The Board shall be a body corporate, with the name aforesaid, having perpetual succession and common seal and may sue in its corporate name and be competent, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and do all things necessary for the purposes of this Act. (3) For the purpose of the Land Acquisition Act, 1894, the Local Authorities Loans Act, 1914 and any other law for the time being in force to Board shall be deemed to a local authority. (4) The Board shall have its head office at a place to be specified by the State Government and also an office at the headquarters of each unit and may have officers at such other places as it may consider necessary to be directed by the State Government. 1 [(5) There shall be following Chairman/ members in the Board- (a) Minister Housing Department, Uttarakhand – Chairman- ex officio; (b) Principal Secretary/ secretary Housing Department Uttarkhand Government- Acting Chairman/ memebr- ex officio; (c) Principal secretary/ secretary, Finance Uttarakhand Government- Ex officio member; (d) Principal Secretary/ secretary, Urban Development department Uttarakhand Government- ex-officio member; (e) Principal Secretary/ Secretary Public enterprise bureau Uttarakhand Government- ex officio member; (f) Chief Town and village planner- ex officio member; --------------------------------------------------------------------------------------- 1-Subs. by section 2 of Uttrakhand Act no 20 of 2018. 124 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 4] (g) The Director Central Building Research Institute, Roorkee- ex officio member; (h) Chief Engineer, Public Works Department- member ex-officio; (i) Finance Controller, Uttarakhand Planning And Town Development Authority- ex officio member.] (6) An officer referred to in clause (b), clause (c) or clause (d) of sub- section (5) may instead of attending a meeting of the Board himself depute an officer next junior to him available in his department to attend the meeting. The officer so deputed shall have the right to take part in the proceedings of the meeting and shall also have the right to vote. (7) The appointment of the Adhyaksh and the members referred to in clause (a) of sub-section (5) shall be notified in the Gazette. Disqualifica- tions for being Adhyaksh or member, etc. 4- A person shall be disqualified for being chosen as and for being the Adhyaksh or a member of the Board if he--- (a) has been convicted of an offence involving moral turpitude; (b) is an un-discharged insolvent; (c) is of unsound mind and stands so declared by a competent court ; (d) holds, except as provided in, sections 6 and 7, any office or profit under the Board; (e) has directly or indirectly, by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by, or on behalf of, the Board; or (f) is a director or a secretary, manager or other officer of any company which has any share or, interest in any contract or employment with, by, or, on behalf of, the Board : Provided that a person shall not be disqualified under clause (e) or clause (f) by reason only of his, or the company of which he is a director, secretary, manager or other officer, having a share or interest in---- (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same; (ii) any agreement for loan of money or any security for payment of money only; (iii) any newspaper in which any advertisement relating to the affairs of the Board is published; (iv) the occasional sale to the Board, up to a value not exceeding ten thousand rupees in any one year, of any article in which he or the company regularly trades. 1. Subs. by section 2(a) of U.P. Act no. XLVII, 1976. 2. Ins. by section 2(b) ibid. 125 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 5-8] Explanation-- A person shall not be deemed to have any share or interest in any contract or employment with, by, or on behalf of the Board by reason only of his being a shareholder of a company which has such share or interest. Term of officer of Adyaksh and non official members 5- (1) The Adhyaksh, unless he, is the Housing Commissioner, or a non- official member of the Board shall hold office for three years unless his term is determined earlier by the State Government by notification in the Gazette : Provided that in the case of a Nagar Pramukh appointed as such member his term as member shall stand determined when he ceases to hold the official of Nagar Pramukh. (2) The Adhyaksh or a non-official member may at any time by writing under his hand addressed to the State Government resign his office and on such resignation being accepted he shall be deemed to have vacated his office. Provisions regarding case of Adhyaksh 6- (1) The Adhyaksh, unless he is the Housing commissioner, shall be paid from the Board’s fund such remuneration as may be prescribed. (2) Whenever there is for any reason a temporary vacancy in the office of the Adhyaksh, the State Government , may appoint a person to act as Adhyaksh during the period of such vacancy, and such person shall be paid from the Board's fund such remuneration its may be fixed in this behalf. The person so appointed shall for the purposes of this Act be deemed to be Adhyaksh. Provisions relating to saving commissioner 7- (1) There shall be a Housing Commissioner appointed by the State Government for the purposes of this Act. (2) The conditions of service of the Housing Commissioner shall be such as may be prescribed. He shall be remunerated from the Board's fund. (3) The State Government may, if it is of opinion that special circumstances so require, appoint the Housing commissioner to be the Adhyaksh in addition to his own duties. (4)The State Government may, also appoint the Housing Commissioner as an authority under any other law for the time being in force. Appointment of officers and servants 8- [ (1) Subject to such control and restrictions as may from time to time be imposed by the State government by special or general orders, the Board may appoint such officers and servant as it considers necessary for the efficient performance of its functions :] 1 Provided that the appointment and conditions of service of any officer whose starting salary exceeds rupees five hundred per mensem shall be made and determined after consultation with the State Public service Commissioner, and in the case of any difference between the Board, and the Commission, after the previous approval of the State Government: Provided further that such consolation shall not be necessary in the case of servants mentioned in sub-section (2). 1. 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 in­cluded in the scheme ; (j) the provision of schools, community buildings, parks (in­cluding 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 . 2. 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 sub­section (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; 1. Omitted by section 2 of Uttarakhand Act No. 08 of 2009. 150 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 64] (c) The Board shall after considering the budget sanction it with or without modifications, and submit the same to the State Government for approval; (d) The State Government may either approve the budget as sanctioned by the Board, or return it to the Board for such modifications as the State Government may direct; (e) Where a budget is so returned the Board shall forthwith make such modifications and submit the budget as so modified to the State Government, which may then approve it; (f) The Housing Commissioner may, at any time during the financial year for which a budget has been approved by the State Government" lay before the Board a supplementary budget and the, foregoing provisions of this sub- section shall mutatis mutandis apply to such supplementary budget.] 2 CHAPTER VI TRIBUNAL Function and Constitution of Tribunal 64- (1) The State Government may, by notification in the Gazette, constitute one or more Tribunals for the purposes of- (a) performing the functions of the Court with reference to the acquisition of land for the Board under the Land Acquisition Act, 1894, as modified by the Schedule to this Act; (b) determining, in case of dispute and on reference in the prescribed manner, the compensation payable by the Board under the various provisions of this Act ; (c) deciding appeals relating to levy or assessment of betterment fee; (d) deciding appeals under sections 36 and 37 [***] 1 ; and (e) deciding such other matters as may be prescribed. (2) The Tribunal shall exercise jurisdiction with respect to such area as may be specified in the notification under sub-section (1). (3) The Tribunal shall consist of a civil judicial officer not below the rank of District Judge. Explanation-- The expression "District Judge" includes an Additional District Judge. (4) Except as otherwise provided by or under this Act, the Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, shall follow the same procedure as laid down in that Code, and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898, and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. 1. Omitted by section 19 (3) of U. P. Act no. 22 of 1972. 2. Substituted by sec. 5 of U. P. Act no. 47 of 1976. 151 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 65-68] (5) The judicial officer appointed as Tribunal shall be paid such remuneration as may be prescribed. (6) The Tribunal may with the previous sanction of the State Government, appoint such officers and servants as it considers necessary for the conduct of its business, and the remuneration and other conditions of service of such officers and servants shall be such as may be prescribed. (7) The remuneration payable to the judicial officer appointed as Tribunal and other officers and servants of the Tribunal shall be paid out of the fund of the Board. Transfer of pending cases to the Tribunal U.P. Act no. II of 1959 65- Any case pending before a Tribunal constituted under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, with reference to acquisition of land for a Mahapalika in connection with an improvement scheme under the said Adhiniyam which, under sub-section (1) of section 44 or sub-section (1) or sub- section (2) of section 47, is transferred to the Board, shall, upon such transfer, stand transferred to the Tribunal constituted under section 64 having jurisdiction with respect to that City, and thereupon that Tribunal shall proceed further with the case, from the stage at which it was transferred to it, in accordance with the provisions of this Act and the rules. Finality of decisions of Tribunal Act no. I of 1894 66- (1) An award of the Tribunal in a case relating to the acquisition of land under the Land Acquisition Act, 1894, as modified by the Schedule to this Act, shall be deemed to be an award of the Court under that Act and shall, subject to the provisions of section 54 of that Act, be final. (2) Any other decision of the Tribunal under this Act shall be final. Other prov-isions relating to a wards and orders of Tribunal Act no. V of 1908 67- (1) An award or any other order made by the Tribunal for payment of money, for delivery of possession or for removal of any structure shall be deemed to be a decree and the statement of the grounds of such award or order a judgment within the meaning of clause (2) and clause (9) respectively of section 2 of the Code of Civil Procedure, 1908. (2) Every such award or order shall also state the amount of costs incurred by either party and by what persons and in what proportion they are to be paid. (3) No award or order of the Tribunal shall be chargeable with stamp duty, and a person claiming under an award or order shall be entitled to one free copy of the same. (4) An award or order referred to in sub-section (2) shall be executable by such Court as may be prescribed. CHAPTER VII EVICTION FROM AND RECOVERY OF RENT AND DAMAGES RELATING TO BOARD PREMISES Exclusion of [U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] 1 68- The provisions of [the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] 1 shall not apply to any accommodation let out by the Board. [***] 2 1. Sub. by section 44 of U. P. Act no. xiii of 1972. 2. Omitted by section 44 ibid. 152 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 69-74] 69- [***] 1 70- [***] 1 Recovery of rent through deduction from salary or wages 71- (1) If any Board premises are let out to a person who is employed by the State Government or a local authority or in a factory or industrial establishment, he may execute an agreement in such form as may be prescribed in favour of the Board providing that the State Government or the local authority or other employer, as the case may be, by whom he is employed shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due to him in respect of such premises. (2) On the execution of such agreement, the State Government or local authority or other employer, as the case may be, shall, if so required by the Board in writing, make the deduction from the salary or wages of the employee in accordance with the agreement, and pay the amount so deducted to the Board, anything contained in the Payment of Wages Act, 1936 notwithstanding. (3) The deduction of any amount under sub-section (2) shall operate as a complete discharge of the liability of the employee to the Board in respect of the amount so deducted. Explanation-- The terms "factory" and industrial establishment shall have the meanings respectively assigned to them by the Payment of Wages of Act, 1936. 71-A [***] 1 72- [***] 1 CHAPTER VIII OFFENCES AND PENALTIES Penalty for building in contravention of schemes 73- If any person erects, re-erects, adds to, or alters any building in contravention of the provisions of clause (a) of sub-section (3) of section 23, sub-section (3) of section 24 or section 35, he shall be punishable with fine, which may extend to ten thousand rupees, and, in case of continuing breach, with further fine which may extend to five hundred rupees for each day during which the breach continues after the first conviction. Penalty for obstructing contractor or removing mark 74- If any person- (a) obstructs or molests any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act or any rule or regulation, or 1. Omitted by section 19 (1) (d) of U. P. Act no. XXII of 1972. 153 [The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965] [Section 75-78] (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized by this Act or any rule or regulation, he 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. Penalty for acquiring share or interest in contract, etc. with the Board 75- If the Adhyaksh or any member o