Uttar Pradesh Urban Planning and Development (Amendment) Act, 2023
[U.P. Act 12 of 2023][18th August, 2023]
CONTENTS
1. Short title and commencement
2. Amendment of Section 2 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974
6. Insertion of new Section 20-A
8. Insertion of new Section 38-B
An Act further to amend the Uttar Pradesh Urban Planning and Development Act, 1973.
It is hereby enacted in the Seventy-fourth Year of the Republic of India as follows:—
STATEMENT OF OBJECTS AND REASONS
The Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act 11 of 1973) was enacted to provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto.
There is a possibility of upgradation of existing land use under the GIS based master plans of 59 cities of the State of Uttar Pradesh and new master plans of other cities of the State of Uttar Pradesh being prepared under the AMRUT Yojna of the Government of India. Due to elevated land use proposed under the new master plan, construction works done against land use under the present master plan were regularized without any fee, and the same resulted in causing financial losses to the development authorities. Therefore, in order to protect the development authorities from the aforesaid possible financial losses it was decided to collect “urban use charges” at the time of approval of map for elevated land use, levy a “special amenity fee” by defining infrustructure projects with heavy investment as “special amenity facilities” under the aforesaid Act, and to make a provision in the aforesaid Act for revision of approved master plans after ten years or earlier.
In view of the above, it was decided to amend the aforesaid Act to incorporate provisions pertaining to “urban use charges”, “special amenity fee” and “revision of master plans”.
Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Urban Planning and Development (Amendment) Ordinance, 2023 (U.P. Ordinance 12 of 2023) was promulgated by the Governor on July 10, 2023.
This Bill is introduced to replace the aforesaid Ordinance.
1. Short title and commencement.—(1) This Act may be called the Uttar Pradesh Urban Planning and Development (Amendment) Act, 2023.
(2) It shall be deemed to have come into force with effect from July 10, 2023.
2. Amendment of ## Section 2 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.—In Section 2 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the “principal Act”),—
(a) for clause (a), the following clause shall be substituted, namely:—
“(a) ‘amenity’ includes road, water supply, street-lighting, drainage, sewerage, development of public parks and open spaces, solid waste management and disposal, sewage treatment plant and other public works including utilities, services and such other conveniences as the State Government may, by notification in the Gazette, specify to be an amenity for the purposes of this Act;”
(b) for clause (ggg), the following clause shall be substituted, namely:—
“(ggg) ‘development fee’ means the fee levied under Section 15 for providing amenities in the development area and improvement and maintenance thereof;”
(c) after clause (k), the following clauses shall be inserted, namely:—
“(kk) ‘special amenity’ includes projects of vital importance such as mass rapid transit systems (metro rail, light rail, regional rapid rail, bus rapid transit system, ropeway, etc.), freeways (elevated roads, etc.), urban revitalization projects (river front development, etc.) or any other major infrastructure project which may be notified to be as such by the State Government;”
“(kkk) ‘special amenity fee’ means the fee levied under sub-section (2-B) of Section 15 for provision of special amenities in the development area and improvement and maintenance thereof;”
(d) clause (kk) shall be renumbered as (kkkk);
(e) after clause (l), the following clause shall be inserted, namely:—
“(ll) ‘urban use charge’ means the charge levied upon a person or body under Section 38-B;”
(f) clause (ll) shall be renumbered as (lll).
3. Amendment of ## Section 7.—For Section 7 of the principal Act the following section shall be substituted, namely:—
“7. The objects of the Authority shall be to promote and secure the development of the development area according to plan and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with the supply of water and electricity, to dispose of sewage, provision of other services, facilities and special amenities as the State Government may, by notification in the Gazette, specify and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:
Provided that save as provided in this Act nothing contained in this Act shall be construed as authorizing the disregard by the Authority of any law for the time being in force.”
4. Amendment of ## Section 8.—After sub-section (3) of Section 8 of the principal Act, the following sub-section shall be inserted, namely:—
“(4) A master plan may be revised at the end of every ten years or earlier if the State Government so thinks fit.”
5. Amendment of ## Section 15.—After sub-section (2-A) of Section 15 of the principal Act, the following sub-section shall be inserted, namely:—
“(2-B) Where in any development area, the State Government declares its intention to undertake one or more special amenity projects, the Authority shall be entitled to levy special amenity fee in such manner and at such rate as State Government may, by notification in the Gazette, specify:
Provided that the additional amount levied and collected as a result of levy of special amenity fee shall be credited to the Special Amenities Development Fund as established under Section 20-A of this Act and it shall be utilized solely for the purpose of one or more special amenity projects in such manner as may be notified by the State Government from time to time.”
6. Insertion of new ## Section 20-A.—After Section 20 of the principal Act, the following section shall be inserted, namely:—
“20-A. Special Amenities Development Fund.—(1) Where, in any development area, the State Government declares its intention to undertake one or more special amenity projects, the State Government shall direct the concerned Authority to establish and maintain a separate fund which shall be called the Special Amenities Development Fund and to which the following proceeds shall be credited:—
(a) money collected as special amenity fee under sub-section (2-B) of Section 15;
(b) money collected on account of any other fees/charges in relation to the special amenity in such proportion and in such manner as State Government may, by notification in the Gazette, specify.
(2) The fund shall be utilized solely for the financial sustainability of the concerned special amenity project(s) in such manner as State Government may, by notification in the Gazette, specify.
(3) The State Government shall, by notification, constitute a Board for the administration of each of the Special Amenities Development Fund(s) consisting of the following members:—
(a) the Chairman of the concerned Authority;
(b) the Vice-Chairman of the concerned Authority;
(c) a representative of the project implementation agency of the special amenity project in the concerned development area.”
7. Amendment of ## Section 38-A.—In Section 38-A of the principal Act, the second proviso to sub-section (1) shall be omitted.
8. Insertion of new ## Section 38-B.—After Section 38-A of the principal Act, the following section shall be inserted, namely:—
“38-B. Power of the Authority to levy Urban Use Charge.—Where, in any development area, the land use of a particular land other than roads, parks and open spaces, green belts, and public amenities is changed to higher use, as specified in the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Land Use Conversion Charge) Rules, 2014 as a result of revision of master plan under sub-section (4) of Section 8 or preparation of zonal development plan under Section 9, the Authority shall be entitled to levy urban use charge on the owner of such land at the time of granting permission under Section 15 in such manner and at such rates as may be prescribed:
Provided that where the master plan is prepared for the first time, no urban use charge shall be levied upon the owner of such land.”
9. Repeal and saving.—(1) The Uttar Pradesh Urban Planning and Development Ordinance, 2023 (U.P. Ordinance 12 of 2023) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.