The Uttar Pradesh Urban Planning

and Development Act, 1973

 

[President's Act 11 of 1973 as re-enacted and amended by U.P. Act 30 of 1974,

U.P Act 13 of 1975, U.P Act 19 of 1976, U.P Act 41 of 1976, U.P

Act 47 of 1976, U.P Act 48 of 1976, U.P Act 14 of 1978,

Act 6 of U.P. Act 10 of 1980, U.P. 1982, U.P. Act 28

of 1983, U.P Act 21 of 1985, U.P Act 1 of 1995

and U.P Act 3 of 1997]

An Act to provide for the development of certain areas of Uttar Pradesh

according to plan and for matters ancillary thereto

 

[It is hereby enacted as follows:]

  

Prefatory Note - Reasons for the enactment :

 

(1)

The Governor of Uttar Pradesh promulgated on June, 12, 1973, the Uttar Pradesh Urban Planning and Development Ordinance, 1973 which reproduced the provision of the Uttar Pradesh Urban Planning and Development Bill, 1973, as passed by the U.P. Legislative Council. The reasons for this enactment are given below.

   

(2)

In the developing areas of the State of Uttar Pradesh the problems of town planning and urban development need to be tackled resolutely. The existing local bodies and other authorities in spite of their best efforts have not been able to cope with these problems to the desired extent. In order to bring about improvement in this situation, the State Government considered it advisable that in such developing areas, Development Authorities patterned on the Delhi Development Authority be established. As the State Government was of the view that the urban development and planning work in the State had already been delayed it was felt necessary to provide for early establishment of such Authorities.

   

(3)

The present measure seeks to replace the aforesaid Ordinance by a President Act.

   

(4)

The Committee constituted under the proviso to sub-section (2) of Section 3 of the Uttar Pradesh State Legislature (Delegation of Powers) Act, 1973 (Act 33 of 1973), has been consulted before the enactment of this measure as a President's Act.

   

The Uttar Pradesh Urban Planning and Development Act, 1973, was enacted by the President in exercise of his powers under Section 3 of the Uttar Pradesh Legislature (Delegation of Powers) Act, 1973 (Central Act 33 of 1973). Under Article 357(2) of the Constitution, this Act would have ceased to have effect on the expiration of a period of one year after the Proclamation made by the President under Article 356 had ceased to have effect, i.e., on November 7, 1974, as the said Proclamation ceased to have effect on November 7, 1973, but Section 2 of Uttar Pradesh President's Acts (Re-enactment with Modifications) Act, 1974 (U.P Act 30 of 1974), repealed and re-enacted it with the following modifications:-­

   

“In the title of the Act, the words ‘Enacted by the President in the Twenty-fourth Year of the Republic of India' shall be omitted and for the existing preamble, the words ‘It is hereby enacted as follows' shall be substituted."