State Act
Section 4. The Development Authority
4. [(1) The State Government may by notification in the Gazette constitute for the purposes of this Act, an authority to be called the 'Uttarakhand Housing and Urban Development Authority' for all the development areas in the State with headquarter at such place as the State Government may specify and Local Development Authority for any development area.]2 [(1-A) The State Government may by notification in the Gazette declare the Urban Local Bodies and Village Panchayats as Local Development Authority/ Local Authority defining the extent of their development area. The State Government by the said Notification may also define the powers of such Local Authorities and define the designations of the persons/ officers to exercise the powers under this Act. The State Government may also declare/ designate/appoint the Chairman of such Local Development Authorities under this Sub Section for the purpose of exercising the powers under this Act. Such Urban Local Bodies and Village Panchayats declared as Local Development Authority under this sub section, shall act for the purpose of development as per the provisions of this Act. (1-B) The existing Board of such Urban Local Bodies and Village Panchayats, shall be deemed to be the Board of the Local Development Authority/Local Authority under this Act to the extent of the powers delegated to them under sub-section (1-A) of section 4.]3 (2) The [Uttarakhand Housing and Urban Development Authority/ State Authority or the Local Development Authority]4 shall be a body corporate, by the name given to it in the said notification, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued. [(2-A) (1) The Uttarakhand Housing and Urban Development Authority or the State Authority shall consist of the following members; namely :-- (a) The Minister incharge of the Housing Department of the State Government who shall be the Chairman; (b) The Principal Secretary/ Secretary to the Department of Housing of the State Government who shall be the Vice- Chairman; (c) A full time Chief Administrator appointed by the State Government, who shall not be below the rank of Principal Secretary/Secretary to the State Government; (d) A full time Additional Chief Administrator appointed by the State Government, who shall not be below the rank of Additional Secretary/Secretary to the State Government; (e) The Principal Secretary/ Secretary to the Department of Finance of the State Government : ex-officio, (f) Principal Secretary/ Secretary to the Department of Urban Development of the State Government : ex-officio, (g) Principal Secretary/ Secretary to the Department of Planning of the State Government : ex-officio, (h) Principal Secretary/ Secretary to the Department of Forest of the State Government : ex-officio, (i) Principal Secretary/ Secretary to the Department of Tourism of the State Government : ex-officio, (j) Principal Secretary/ Secretary to the Department of Industries of the State Government : ex-officio, (k) The Chief Town and Country Planner of Town and Country Planning Department of the State Government : ex-officio, (l) The Finance Controller of the State Authority to be appointed by the State Government : ex-officio, and (m) such other non official members, not more than two, as the State Government may from time to time by notification appoint. The non official members as mentioned in clause (m) above shall hold office during the pleasure of the State Government: Provided that such non official member may at any time by writing under his hand addressed to the Chief Administrator resign his office and on such resignation being accepted shall be deemed to have vacated his membership. (2) No act or proceeding of the State Authority shall be invalid by reason of the existence of any vacancy in or defect in the constitution of the State Authority.]2 (3) The [Local Development]3 Authority in respect of a development area which includes the whole or any part of a city as defined in the [U.P. Municipal Corporations Act, 1959]1 shall consist of the following members; namely :- (a) a Chairman to be appointed by the State Government; (b) a Vice-Chairman to be appointed by the State Government; [(bb) Secretary of the Local Development Authority to be appointed by the State Government;]4 [(c) the Secretary to the State Government incharge of the Department in which, for the time being, the business relating to the Development Authorities is transacted, [or any person nominated by him]5 ex-officio;]3 (d) the Secretary to the State Government, incharge of the Department of Finance, [or any person nominated by him]5 ex officio; (e) the Chief Town and Country Planner, Uttar Pradesh, [or any person nominated by him]5 ex-officio; [(f) the Managing Director of the Jal Nigam, established under the Uttar Pradesh Water Supply and Sewerage Act, 1975 [or any person nominated by him]5 ex-officio; ]2 (g) the Mukhya Nagar Adhikari [or any person nominated by him]5 ex-officio; (h) the District Magistrate of every district or any part of which is included in the development area, [or any person nominated by him]5 ex-officio; (i) four members to be elected by Sabhasads of the [Municipal Corporation]1 for the said city from amongst themselves : Provided that any such member shall cease to hold office as such as soon as he ceases to be Sabhasad of the [Municipal Corporation] 1; (j) such other member not exceeding three as may be nominated by the State Government. (4) The appointment of the Vice-Chairman [of the local development authority]6 shall be whole time. (5) The Vice-Chairman shall be entitled to receive from the funds of the [local development authority]7 such salaries and allowances and be governed by such conditions of service as may be determined by general or special order of the State Government in this behalf. (6) A member referred to in clause (c), clause (d), clause (e) or clause (f) or sub-section (3) may instead of attending a meeting of the [local development authority]7 himself depute an officer, not below the rank of Deputy Secretary in the department in the case of a member referred to in clause (c) or clause (d) and below the rank of Town Planner in the case of a member referred to in clause (e) and not below the rank of Superintending Engineer in the case of a member referred to in clause (f), 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 [local development authority]1 in respect of a development area other than that mentioned in sub-section (3) shall consist of a Chairman, a Vice-Chairman and not less than five and not more than eleven such other members, including at least one member from the Municipal Boards and Notified Area Committees having jurisdiction in the development area, who shall hold office for such period and on such terms and conditions, as may be determined by general or special order of the State Government in this behalf: Provided that the Vice Chairman or a member other than an ex-officio member of the authority may at any time by writing under his hand addressed to the State Government resign his office and on such resignation being accepted shall be deemed to have vacated his office. (8) No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in or defect in the constitution of the [local development authority]1.