State Act
Section 59. Repeal etc. and savings
59. (1) (a) The operation of clause (c) of section 5, sections 54, 55 and 56 clause (xxxiii) of section 114, sub-section (3) of section 117, clause (c) of sub-section (1) of section 119, section 191, sections 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329 and 333, clauses (a) and (b) of sub-section (1) of section 334, section 335, 336, Chapter XIV of the [Uttar Pradesh Municipal Corporation Act, 1959,]4 sections 178, 179, 180, 180-A, 181, 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and 222 of [Uttar Pradesh Municipalities Act, 1916]4 (or the said sections are extended under section 338 thereof or under section 38 of the 3[United Provinces Town Areas Act, 1914) or as the case may be of sections 162 to 171 of the [Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961]5 and of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 and the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, 2[(except in relation to those housing or improvement schemes which have either been notified under section 32 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 before the declaration of the area comprised therein as development area or which having been notified under section 28 of the said Adhiniyam before the said declarations are thereafter approved by the State Government for continuance under the said Adhiniyam or which are initiated after such declaration with the approval of the State Government, hereinafter in this section referred to as ‘Special Avas Parishad Schemes’)]2 shall in respect of a development area remain suspended and sub-section (3) of section 139 of the [Uttar Pradesh Municipal Corporation Act, 1959]4, shall have effect as if the requirement as to constitution of a Development Fund were suspended with effect from the date of constitution of the Authority for that area and until the dissolution of such Authority and the provisions of [sections 6 and 24 of the United Provinces General Clauses Act, 1904]1 shall apply in relation to such suspension as if the suspension amounted to repeal of the said enactments by this Act and in particular all proceedings relating to acquisition of land and interest in land for improvement schemes under the said enactments pending immediately before such suspension before any court, tribunal or authority may be continued and concluded in accordance with the provisions of the said enactments (which shall mutatis mutandis apply) as if those provisions were not suspended [and the powers, for doing anything which could but for such suspension of the Uttar Pradesh (Regulation of Building Operations) Act, 1958, be done by the prescribed authority and controlling authority and which can after such suspension be done by virtue of the application of section 6 of the Uttar Pradesh General Clauses Act, 1904 shall vest in the Vice-Chairman and the Chairman respectively.]3 [(aa) The operation of the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) (as applicable in the State of Uttarakhand) in relation to the area declared as a Development Area under section 3 of this Act, shall stand repealed as from the date of the declaration of development area and the Special Area Development Authority constituted under the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act No. 9 of 1986) for that area as from that date, shall stand dissolved.]4 (b) The operation of the provisions suspended [and repealed]5 by virtue of clause (a) [and clause (aa)]6 shall revive upon the dissolution of the Authority under section 58 and the provisions of [section 6 and 24 of the united Provinces General Clauses Act, 1904]1 shall apply in relation to the cesser of application of the corresponding provisions of this Act as if such cesser amounted to a repeal of these provisions of this Act by an Uttar Pradesh Act; [(c) Without prejudice to the generality of the provisions of clauses (a) [and clause (aa)]6 and (b), any bye-laws, directions or regulations under the [Uttar Pradesh Municipalities Act, 1916 or the Uttar Pradesh (Regulation of Building Operations) Act, 1958 or the [Uttar Pradesh Municipal Corporation Act, 1959]3 [or the Uttar Pradesh Special Area Development Area, Act, 1986]7 as the case may be and in force on the date immediately before the date of commencement of this Act shall in so far as they are not inconsistent with the provisions of this Act, continue in force, until altered, repealed or amended by any competent authority under this Act.]2 [(d) All Development Authorities constituted under the present Act, before the commencement of this Act, shall continue to exist and will be deemed to be Local Development Authorities as if constituted by this Act, and any act/ function discharged by them in such capacity shall be deemed to have been done or taken under this Act.]8 (2) Where any area for which an Improvement Trust constituted under the United Provinces Town Improvement Act, 1919 is in existence is declared to be a development area under section 3, the said Act as well as the Uttar Pradesh Local Bodies (Appointment of Administrator) Act, 1961, if applicable, shall in relation to such area, stand repealed as from the date of the constitution of the Development Authority for that area and the Improvement Trust shall as from that date, stand dissolved. (3) [On and from the constitution of the Development Authority in relation to a development area which includes the whole of a city as defined in the [Uttar Pradesh Municipal Corporation Act, 1959]3, all posts borne on the establishment of the [Municipal Corporation]4 of that city exclusively in connection with its activities under Chapter XIV of the said Adhiniyam or under the Uttar Pradesh (Regulation of Building Operations) Act, 1958, [or the Uttar Pradesh Special Area Development Authorities Act, 1986]5 immediately before the date of the constitution of the Development Authority, not being a post governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1966 (hereinafter in this section referred to as the Centralized Services) shall on and from such date, stand transferred to the Development Authority with such designations as the Authority may determined and officers and other employees who are not members of any Centralized Services, serving under the [Municipal Corporation]4 of that city not exceeding the number of posts so transferred shall be selected in accordance with such directions as may be issued by the State Government for being appointed on the said posts and on such selection shall stand transferred to and become officers and other employees of the Development Authority and shall as such hold officer by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held the same if the Authority had not been constituted and shall continue to do so unless than until such tenure, remuneration and terms and conditions are duly altered by the Authority :]1 Provided that any service rendered under the [Municipal Corporation] 4 [or the Uttar Pradesh Special Area Development Authorities Act, 1986 or in relations to the functions specified under the U.P. Special Area Development Authorities Act, 1986]6 by any such officer or other employee before the constitution of the Authority shall be deemed to be service rendered under the Authority. Provided further that the Authority may employ any such officer or other employee in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly. [(4) On and from the date of the constitution of the Development Authority in relation to a development area which includes the whole of a city as defined in the [Uttar Pradesh Municipal Corporation Act, 1959]3, all posts governed by the Centralized Services which were borne on the establishment of the [Municipal Corporation]4 [or the Special Area Development Authority]7 of that city exclusively in connection with its said activities immediately before the date of constitution of the Development Authority shall in and from such date stand transferred to the Development Authority with such designations as the State Government may determine, but all such posts shall continue to be filled by members of he Centralized Services, as they would have been filled had they not been so transferred to the Authority and the said Adhiniyam and the rules relating to the Centralized Services shall be amended accordingly.] 2 (5) Every officer and other employee serving under an Improvement Trust referred to in sub-section (2) immediately before the date on the constitution of the Development Authority shall in and from such date be transferred to and become an officer or other employee of the Development Authority with such designations as the Authority may determine and shall hold officer by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the Authority had not been constituted and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority : Provided that any service rendered under the Trust by any such officer or other employee before the constitution of the Authority shall be deemed to be service rendered under the Authority : Provided further than the Authority may employ any such officer or other employee in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly. (6) Notwithstanding the provisions of sub-sections (1) and (2) -- (a) anything done or any action taken (including any notification issued or order or scheme made or permission granted) under any of the enactments referred to in sub-sections (1) and (2) shall so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the provisions of this Act; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by with or for any local authority constituted under any enactment referred to in sub-sections (1) and (2) in relation exclusively to the performance of functions assigned to the Development Authority by this Act shall be deemed to have been incurred, entered into or engaged to be done by with on for the Development Authority concerned; (c) all properties, movable and immovable, vested in an Improvement Trust referred to in sub-section (2) shall vet in the Development Authority concerned, all properties movable and immovable vested in any other [local authority constituted under any enactment referred to in sub-section (1)]1 in relation exclusively to the performance of functions assigned to the Development Authority by this Act shall vest in the Development Authority concerned; (d) all rents, fees and other sums of money due to an Improvement Trust referred to in sub-section (2) or in relation exclusively to the performance of functions assigned to the Development Authority by this Act shall be deemed to be due to the Development Authority; (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by for or against [any authority appointed or constituted under any enactment referred to in sub-section (1)]1 or sub-section (2) in relation to the performance of functions assigned to the Development Authority by this Act may be continued or instituted by for or against the Development Authority; [(f) all appeals under sub-section (2) of section 15 of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 [and all appeals under the U.P. Special Area Development Authorities Act, 1986]5 in relation to an area, declared under this Act as a development are, pending before the Controlling Authority on the date of such declaration shall stand transferred to the Chairman and the decision of the Chairman shall be final and all such appeals which were addressed to the Controlling Authority and which were entertained by the Chairman after he said declaration shall be deemed to have been preferred to the Chairman and the decision of the Chairman shall be final.]2 Explanation— For the purposes of this sub-section, the Development Fund referred to in sub-section (3) of section 139 of [the Uttar Pradesh Municipal Corporation Act, 1959]3, [or under the provisions of the Uttar Pradesh Special Area Development Authorities Act, 1986]6 and all properties created out of that fund, and all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by with or for the [Municipal Corporation]4 [or the Special Area Development Authority]6 in relation to such properties or in relation to the functions specified in Chapter XIV of the said Adhiniyam, [or the U.P. Special Area Development Authorities Act, 1986 or in relations to the functions specified under the U.P. Special Area Development Authorities Act, 1986]0 shall be deemed to relate to the performance of functions assigned to the Development Authority by this Act and clauses (a), (b), (c), (d) and (e) shall apply accordingly. (7) If any dispute arises between any Local Authority or a Development Authority whether for purposes of clauses (b), (c) and (d) of sub-section (6) any debt, obligation or liability was incurred or any contract was entered into or anything was engaged to be done by with or for any local authority or any property vested in any local authority or any rent, fee or other sum was due to any local authority in relation exclusively to the performance of functions assigned by this Act to the Development Authority it shall be referred to the State Government whose decision shall be final and shall not be questioned in any court. (8) If any question arises whether for the purpose of sub-section (3) any officer or other employee of the [Municipal Corporation]2 concerned [or the Special Area Development Authority]3 was immediately before the date of constitution of the Development Authority employed exclusively in connection with the performance of functions under Chapter XIV of the [Uttar Pradesh Municipal Corporation Act, 1959]1, [or the U.P. Special Area Development Authorities Act, 1986]3 in the area for which the Development Authority is constituted, it shall be referred to the State Government whose decision shall be final and shall not be questioned in any court. (9) Nothing in sub-section (3) and (4) shall apply to an officer or other employee of a [Municipal Corporation]2 or an Improvement Trust, [or the Special Area Development Authority]4 as the case may be, who within one month from the date of the constitution of the Development Authority concerned intimates the [Municipal Corporation]2 or Trust [or the State Government]4 of his option not to become an employee of the Development Authority and on receipt of such intimation by that body, his employment thereunder shall stand immediately determined and his post under that body shall stand abolished and he shall be entitled to receive form that body compensation— (a) if he was employed immediately before the date of the constitution of the Development Authority in a permanent capacity, equivalent to three months salary; (b) if he was employed immediately before the date of the constitution of the Development Authority in a temporary capacity, equivalent to one month’s salary. Explanation— In this sub-section, the expression, “salary” includes Dearness Allowances, Special Pay or any other like allowance periodical allowance or pay. (10) Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947 in any other law for the time being in force, the transfer of services of any officer or the employee to the Development Authority under sub-section (3) or sub-section (5) shall not entitle him to any compensation under that Act or such other law and no such claim shall be entertained by any court, Tribunal or authority. (11) Notwithstanding anything contained in sub-sections (3) and (5) no appointment made or promotion, increment in salary, pension, allowance or any other benefit granted to any person after the commencement of this Act and before the date of constitution of the Development Authority which in the opinion of the Development Authority would not ordinarily have been made or granted or would not ordinarily have been admissible under the terms and conditions of service in force prior to the commencement of this Act shall have effect or be payable or claimable form the Development Authority or from any Provident, Pension or other fund or from any authority administering the fund unless, the State Government has by general or special order, confirmed the appointment, promotion or increment or has directed the continued grant of the pension, allowance or other benefit, as the case may be. (12) For the persons who immediately before the date of constitution of the Development Authority were trustees of nay pension, provident, gratuity or other like fund constituted for the officers and other employees referred to in sub-section (3) or sub-section (5), other than trustees nominated by or under any law, there shall be substituted as trustees such persons as the State Government may by general or special order specify. (13) For the purposes of clauses (b), (c), (d) and (e) of sub-section (6) all the functions of a [Municipal Corporation]5 under Chapter XIV of the [Uttar Pradesh Municipal Corporation Act, 1959]4 and all the functions of the Uttar Pradesh Avas Evam Vikas Parishad under the Avas Evam Vikas Parishad Adhiniyam, 1965 other than those related to any [Special Avas Parishad Schemes]2 [and all the functions under the U.P. Special Area Development Authorities Act, 1986]6 shall be deemed to be functions assigned to the Development Authority by this Act. [(14) Notwithstanding anything contained in section 365 of the [Uttar Pradesh Municipal Corporation Act, 1959]4 all acquisition of land and interest in land for an improvement scheme, the functions in respect of which are to be deemed as functions assigned to the Development Authority under sub-section (13) shall be completed at least up to the stage of making awards on or before 3[December 31, 1982.]]1 [(15) No act / acts or proceedings/ functions of the Development Authorities in the State of Uttarakhand constituted under the Uttar Pradesh Urban Planning and Development Act, 1973, done or performed before the commencement of this Act, so far as they are not inconsistent with the provisions of this act, shall be invalidated after the commencement of this Act, and all acts and functions performed by them before the commencement of this Act so far as they are not inconsistent with the provisions of this Act shall be deemed to have been done or performed under the provisions of this Act.]7