The Uttar Pradesh State Capital Region and Other Regions Development Authority Act, 2024
Miscellaneous
Miscellaneous
34. Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force or in any instrument having effect by virtue of any law of the State of Uttar Pradesh other than this Act; or in any decree or order of any Court, Tribunal or other Authority.
Miscellaneous
35. Power of the Government to give directions
The Government may, from time to time, give such directions to the Authority as it thinks fit for the efficient administration of this Act and when any such direction is given, the Authority shall carry out such directions.
Miscellaneous
36. Violation of Regional Plan
- (1) On and from the coming into operation of the finally publishable Regional Plan, no Development Plans shall be made in the region which is inconsistent with the Regional Plan as finally published.
- (2) Where the Authority is satisfied that any local authority, Government Departments and persons have carried out, or are carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned participating local Authority and Government departments and persons , as the case may be, to stop such violation of the Regional Plan within such time as may be specified in the said notice and in case of any omission or refusal on the part of the concerned local authorities, Government departments and persons to stop such activity, withhold such financial assistance to the concerned local authorities as the Authority may consider necessary and take any other action as per rules framed in this regard.
Miscellaneous
37. Power of delegation
The Authority may, by resolution, delegate, from time to time, any power (except the power to make regulations ) exercisable by it or any function to be discharged or any duty to be performed by it, by or any this Act to the Executive Committee subject to such terms and conditions as may be specified in such resolution.
Miscellaneous
38. Power of entry
Subject to any rules made in this behalf, any person generally or specially authorized by the Authority in this behalf, may at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigations, preliminary or incidental to the exercise of any power or performances of any function by the Authority under this Act : Provided that no such persons shall enter any building or any enclosed courtyard or garden attached to a dwelling-house without previously giving the occupier thereof at least three days notice in writing of his intention to do so.
Miscellaneous
39. Member Secretary, officers and other employee to be public servants
The Member-Secretary, Officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Act no. 45 of 2023).
Miscellaneous
40. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Authority or any member or any officer or any other employee of the Authority including any other person authorized by the Authority to exercise any power or to discharge any function under this Act, or for anything which is in good faith done or intended to be done under this Act .
Miscellaneous
41. Power to make rules
- (1) The Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
- (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
- (a) the composition and number of the members of the Authority and of the Committee, as required by sub-section (3) of section 4 and sub-section (2) of section 5, respectively, to be prescribed ;
- (b) the terms and conditions of the office of the members of Authority and Committee;
- (c) the form and manner in which notice under sub-section (1) of section 14 and sub-section (2) of section 16 shall be published;
- (d) the manner in which notice under sub-section (1) of section 15 shall be published;
- (e) the form in which and the time at which the Authority shall prepare its budget under section 23 and its annual report under section 25 and the manner in which the accounts of the Authority shall be maintained and audited under section 23;
- (f) the conditions and restrictions with respect to the exercise of powers to enter under section 38 and others matters relating thereto;
- (g) the form and manner in which notice under sub-section (2) of section 36 is to be issued for taking action under it;
- (h) any other matter which is to be, or, may be prescribed or in respect of which provision is to be, or may be, made by rules.
Miscellaneous
42. Power to make regulations
- (1) The Authority may, with the previous approval of the Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act .
- (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
- (a) the manner in which and the purposes for which the Authority may associate with itself any person under sub-section (1) of section 6;
- (b) the terms and conditions of service of the Officers and Employees of the Authority under sub-section (3) of section 11; and
- (c) any other matter in respect of which provisions is to be, or may be, made by regulation.
Miscellaneous
43. Dissolution of the Authority
- (1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act, have been substantially achieved or the Authority has failed in its objectives, so as to render the continued existence of the Authority unnecessary, it may by notification in the Official Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly.
- (2) From the said date,-
- (a) all properties, funds and dues which are vested in or realizable by the Authority shall vest in, or be realizable by, the Government ;
- (b) all liabilities which are enforceable against the Authority shall be enforceable against the Government ;
- (c) for the purpose of carrying out any development which has been carried out by the Authority and for the purpose of realizing properties, funds and dues referred to in clause (a) the functions of the Authority shall be discharged by the Government.
- (3) Nothing in this section shall be construed as preventing the Government from reconstituting the Authority in accordance with the provisions of this Act.
Miscellaneous
44. Repeal and saving
- (1) The Uttar Pradesh State Capital Region and other Regions Development Authority Ordinance, 2024 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the coresponding provisions of this Act as if the provisions of this Act were in force at all material times.
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