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Section 47: Execution of other schemes by the Board.

The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965State Act of Uttar Pradesh · Act 1 of 1966

(1) Without prejudice to the power of the State Government under sub-section (2), the Board may, on such terms and conditions as may be agreed upon between the Board and any other local authority, take over the execution or further execution of any housing or improvement scheme undertaken by such local authority, and the Board shall thereafter execute such schemes as if it had come into force under sub-section(5) of Section 32 of this Act.

(2) Where the State Government is of opinion that is expedient in the public interest that an improvement scheme sanctioned or partly executed under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 should be further proceeded with by the Board, it may, after giving to the Nagar Mahapalika concerned an opportunity of making written objections, direct that the execution or further execution of any such scheme be transferred to the Board on such terms and conditions as it may deem fit, and the Board shall there after execute such scheme as if it had come into force under sub-section(5) of Section 32 of this Act.

(3) Whenever the execution of further execution of a scheme is under taken by the board under sub-section(1) or sub-section(2), the Board shall have the same power of levying betterment fee in relation to such scheme as if the scheme were framed and sanctioned under this Act:

Provided that the declaration referred to in Section 50 may, in the case of any such scheme, be made by a notice, which shall be published in the Gazette and daily newspapers having circulation in the Area comprised in the scheme, at least one of which shall be a Hindi newspaper, and a copy which shall be sent to the local authority or authorities within whose jurisdiction the area comprised in the scheme lies. Thereupon the provisions of Section 29 and 30 shall, mutatis mutandis, apply so far as they relate to the proposal to levy betterment fee , and the Board may, after considering the objections, if any, received in pursuance of the said provisions and after giving an opportunity of being heard to the objectors, either abandon or, with or without modifications, confirm the proposal.

(4) Whenever the execution or further execution of a scheme is transferred to the Board under sub-section(1) or sub-section(2), any legal proceeding, including any proceeding under the Land Acquisition Act, 1894, (Act No. I of 1894), pending in relation to that scheme by or against the Nagar Mahapalika may be continued, prosecuted or enforced by or against the Board.

Where this provision sits

ActThe Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965
Section47
Marginal noteExecution of other schemes by the Board.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
Judgments citing it1

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