In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governoris pleased to order the publication of the following English translation of notification no.983/X-9-2016-80jw/2011. dated August 17,2016.
No. 983/TX-9-2016-80 ja/2011 Lucknow: Dated: August 17, 2016 In exercise of the powers under section 36 of the Uttar Pradesh Board for Development of Municipal Financial Resources Act, 2011(U.P. Act no. 11 of 2011) the Govemor is pleased to make the following rules:
THE UTTAR PRADESH BOARD FOR DEVELOPMENT OF MUNICIPAL FINANCIAL RESOURCES (REGULATION OF PROCEDURE AND EXECUTION OF ITS FUNCTIONS) RULES, 2016 | (1) These rules may be called the Uttar Pradesh Board for Development of Sttt Municipal Financial Resources (Regulation of Procedure and Execution of extent and its Functions) Rules, 2016. SompeHcefment
(2) They shall apply to whole of the State of Uttar Pradesh.
(3) They shall come into force with effect from the date of their publication in the Gazette.
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(1) Inthescrules, unless there is anything repugnant in the subject or context;
(a) “Act” means the Uttar Pradesh Board for Development of Municipal Financial ResourcesAct,2011;
(b) Municipal Financial Resources” means the amount received on account of municipal propertics taxes, fees, charges, rent, compensation, penalty and any other amount chargeable under provisions of Municipal Acts;
(¢) “Scerctary” means the Secretary of the Board appointed under subscetion (4) of Section-5 of the Act;
(2) Words and expressions not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
(1) On the request of the Board, the Secretary shall be appointed on deputation from amongst the officers of the Indian Administrative Service or State Civil Service (Exceutive Branch) having experience of Municipal working and Municipal Finances and laws and not below the rank of Special Sccretary or an officer of the Uttar Pradesh Palika Centralized Administrative (Superior) service having the experience of notless than 25 years in Municipal Councils (Nagar Palika Parishad) and Municipal Corporations and must have excellent service record.
(2) Board may appoint a retired officer as secretary from amongst the officers mentioned in sub rule (1) having special knowledge and experience in Municipal Administration and Finances and Laws.
(3) The Sceretary so appointed under sub rule (1) or sub rule (2) shall hold office for the period of five years from the date he enters upon his office and shall not hold the office after he has attained the age of 65 years which ever is earlier.
(4) In casc of vacancy or in the absence of Secretary, in any circumstance, the ex-officio member or any other member or officer of the Board may act as secretary, as the Board may think fit.
4 (1) The secretary may be removed from his office by the Board and may be directed to report in his department or on Municipality, on the grounds of proven misconduct or misbehaviour or on the grounds thathe;
(a) hasbecome physically or mentally incapable of acting, or
(b) has acquired such financial or other interest as is likely to effect his function as the secretary, or () has so abused his position as to render his continuance in the office prejudicial to the public interest, or
(d) isor has been an active member of a political party or has held or holds apost therein, or () Definitions Appointment of the Secretary Removal of the Secretary (€) isamember of parliament orany State Legislature or any Municipality or Local Authority or is a candidate for election thereto, or
(f) has been guilty of misconduct in discharging his duties, flagrantly abuse his position, causc loss or damage of Board's property, misappropriated or misused the board's fund, acted against the interest of the board and contravened the provisions of the Act and rules or regulations made thereunder.
(2) The Board shall constitute a pancl of three enquiry officers including exofficio member and it may call upon him to show cause within the time to be specified in the notice why he should not be removed from the office.
The board after considering the enquiry report of the panel and the explanation filed by the sccretary, shall take appropriate decision. The Board may for reasons to be recorded in writing remove the Secretary from his office or dircct the officer, if appointment is made on deputation, to report in his department or in Municipality or in authority concerned as the casemay be.
(5) (1) The salary, allowance and other conditions of service of Chairperson and T;;“fmi."nio;
the members shall be fixed by order of the State Government. seryice,
(2) The Chairperson or a member other than ex-officio member shall b rcant of entitled for such salary and allowances as was admissibleto him/her onthe tae Chairperson post last held by him/her. He/she shall be allowed such other facilities as mie may be considered necessary by the Board for efficient discharge of their dutics and responsibilitics with the prior approval of the State Government.
6 (1) The salary and allowance of the employees of the Board shall be such as Salary and may be admissible to the identical or equivalent rank employees of the igpranyes Statc Government.
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(2) The Secretary and other employees ifappointed ondeputation shall receive ocfl;myca, salary and allowances as per terms and conditions of the State Government in regard to services on deputation
(3) The salary and allowances of the employee's appointed after retirement, shall draw as pay last pay drawn by them at the time of retirement minus pension including commutation.
(4) The other terms and conditions of employment including deamess and other allowances, transport, medical, travelling allowance, leave, pension and contribution to provident and Pension Funds and contribution of group insurance or other funds, if any, shall be in accordance with the service condition of employees in department or Municipality or Authority concerned and State Government rules and orders
(5) The Board may sanction more facilitics or allowances, honorarium etc. to @ the employces of the Board as per need and performance of the job given to them as the Board thinks fit with the prior approval of the State Government.
7 (1) The Sccretary shall, subject to the control of the Chairperson of the Board, discharge the duties and responsibilities «s are applicable to the head of the office under the State Government and shall exercise such other powers and perform such duties as the Board may specify in this behalf.
(2) The Secretary shall be the custodian of the all properties, records and informations ofthe Board.
(3) The Sceretary shall have complete updated record of specimen signature, photographs, residential and postal addresscs, cmail address, phone numbers and other relevant information of the Chairperson, Members, Employees and Officer of the Board and shall putup before the Board from timetotime. -
(4) The correspondence on behalfof the Board shall be under the signature of the Secretary.
(5) All notices and processes required or sought to be issued to or to be served on the Board shall hereceived by the Secretary.
(6) While pcrfimfling functions under section 22 of the Act by the Board all natices, summons and other related correspondence shall be done by the Secretary.
(7) The draft of Regulation and other related matter shail be prepared agd put up before the Board by the Secretary as per directions of the Chairperson s ons of the regulations made under section 37 of the Act. per pro
(8) The Secretary shall perform such dutics as may be delegated to him under rule I8and 19.
8 (1) The Chairperson or aMember of the Board before resuming his office shall take oath or affirmation of his allegiance to the Constitution in the following form before the Govermor or any person nominated by him:- 'L having been appointed as Chairperson/Member of Uttar Pradesh Board for Development of Municipal Financial Resources do swear in the name of God/solemnly affirm that T will bear true faith and allegiance to the Constitution of India as by law established,(that T will uphold the sovereignty and integrity of India) that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws'.
(2) Any person who is appointed as the Chairperson or amember of the Board fails to make within three months trom the date on which the appointment is done, the oath or affirmation laid down in and required to be taken under Powers and duties of the Secretary Oathof Allegiance and office
(38) sub-rule(1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person required to take oath or affirmation under sub-rule (1) chall nottake his seat at the meeting of the Board or do any act as the Chairperson oraMember, as the case may be unless he has made an oath oraffirmation aslaid down in sub-rule(1).
(1) Staff may be appointed by the Board on deputation from employees of State Government departments or from Municipality, other Local authority or other Government organizations;
(2) If the experienced and qualified employees are fiotavailable on deputation the Board may make dircet recruitment of the employees;
(3) Appointment of the officers and the employees of the Board shall be made on the recommendations of selection committee to be constituted by the Board. The Sclection Committee shall consist of the Director Local Body as ex-officio member and such other member as the Board may consider necessary.
(1) A candidate for dircct recruitment to any postunder these rules must posses the requisite qualification identical to equivalent posts under State Government and in case there is no equivalent post, qualification shall be as the Board may determine;
(2) The age of a candidate for direct recruitment shall not be less than 21 years and more than 40 years.
Reservation on the posts under these rules shall be made in accordance with the orders of the State Government. In this respect provisions of the Uttar Pradesh Public Services (Reservation for Schedule Casts, Schedule Tribes and Other Backward Classes) Act 1994 as in force at the time of recruitment shall be applicable.
The statement of land or building under section 13 of the Act shall be filed in Form *A* appended to these rules. The Form may be amended by the Board as required
(1) An offence under the Act may be compounded by the Secretary on behalf of the Board, ifit is found that a person who has committed or is reasonably suspected of having committed an offenice under the Act. A sum of money not exceeding Rs.20,000(twenty thousand) will be deposited by offender by way of composition fee in such manner as may be directed by the secretary.
(2) The Secretary shall receive all money such as compounding fee, other fee, charges and graats on behalf of the Board.
Manner of Appointment 10 the post Created by the board Eligibility Reservation Obligation to file statement and o disclose liability Comyposition of offence 14 (1) The Board after completing the valuation of the land and buildings of any Muuicipality whole or part thereof shall publish in two daily news papers having circulation in such arca, wide mentioning the place and time when the inspection of such valuation list may be made for inviting objections in Form-Bappended to these rules.
(2) Objections may be sent in writing addressed to the Secretary of the Board within a period of 30 days from the date of publication of valuation of land and buildings lastly published in the news paper.
15 Officers oremployces of the Board authorized by the Chairperson on behal f of the Board, may for the purposes of the Act, in particular for ascertaining the valuation ol the land and building enter into or upon a premises in such manneras per provision of the Municipal Act.
16 (1) The Board may also take cognizance of property tax disputes suo motto or on complaint/information reccived regarding property tax assessment after duc inquiry.
(2) The application filed by occupier or owner of land or building shall be accompanied with deposit of Municipal ducs regarding property in question under existing Municipal laws.
(3) The Board shall not consider any application for review the valuation of such property under section 21 of the Act, if the matter of valuation of property or assessment is pending before the competent authority under Municipal Act.
(4) Noapplication under above sub- rules shall be considered for acceptance of hearing if the dues of Municipality regarding property in question is not deposited in the office of the Municipality before presenting the application,
(5) The Board may charge the fee along with postal and other expenses of proceedings before accepting the application for consideration under clause (g) ofsection 10 and section 2 of the Actand above sub rules.
(6) The amount of fee, postal and other expenses of the proceeding, which may include the physical inspection of property in question, shall be fixed by the Board by Chairperson from time to time and case to case.
(7) The Board shall not decide any such dispute without giving proper opportunity to all concerned partics to presenttheir case.
[7 (1) Under Section 17 of the Act, the State Government shall from time to time by notification specify the Municipality or Municipalitics or their part for general valuation or specific valuation of land and buildings to be made by the Board in accordance with the provisions of Municipal Acts on payment of such remuneration as it may determine and may also charge fee from Publication of proposed Valuation list and receipt of objecrions Power of entry and Inspection into land and building Determination of Veluation and Review of valuation of land and building Charging foc from Municipalitics towards exoenditure of the Board @) Municipalities towards the expenditure of the Board on activities related to general or specific valuation
(2) The Board may fix charges for rendering the activity under sub rule (1) and may fix and charge fee for rendering every advice or any service required by the municipality under section 10 ofthe Act.
18 (1) Except petty payments up to rupees two thousand all disbursements on behalf of the Board shall be mads only by crossed cheque with the signatures of Accounts officer or the senior most officer of accounts and the Secretary or Chairperson himself or he may authorizc any other officer or Memberto issuc cheque underhis signature.
(2) The Secretary may have permanen: advance within maximum limit of rupees ten thousand for the petty cashexpenditure of the office if any, by the sanction of the Chairperson.
(3) No advance shall be given to Secretary, if the previous advance is not adjusted and approved by Chairperson.
19 (1) The Board shall prepare an annual work plan and budget for the ensuing financial year in due time and submit the same to the State Governmentand ifrequired to the Government of India for information.
(2) The Board shall as soon as may after the first day of Aprilin cach year, shall prepare a detailed work plan of the Board for the previous financial year together with a statement showing the accounts of the receipts and expenditure credited and debited to the Board during the said year and copies thereof shall be forwarded to the State Government for publication in the Gazette.The report shall be in such prescribe Form and contain such information as the Board may decide from time to time. A copy of the work plan will be sent to Director Local Bodies Uttar Pradesh.
Mode of payment Preparation of budget and Annual work plan By erder, SHREEPRAKASH SINGH, Sachiv FORM A (Sce rule 12) Statement of Land or Building Joe No Name__ Vard No. Name _ I (1) Name of owner- | . Moz No.Nawe | |
(i) FatherHusband's Name- 2 () Nameof Occupier .
(i) Father/Husband's Nume- | !
3. Lecation of the Land or Building-
4. Detwil of land or building - (it squire fect) () Areaoflnd
(i) Covered arca of the building (il Carpet arca of the building
(iv) Areaof open fand (out side of the building) 5 Building is located-
(1) On road having a width of more than 24 meters- [} On road having a width of 12 murs. o 24 mtrs
(ii)) On road having a width less than 12 meters-
6. Nature of the construction of Building-
(i) Pacca Building with RCC or RB roof.
(i) Semi Pacca building
(i) Kachcha Ruilding
7. Land is located-
(i) Onvad having a widih of more than 24 meters
(i) On road having a width of 12 meters to 24 meters
(i) Onroad having a width less than 12 meters 8 Date of the Building plan (Map) approval
9. Year of the construction of building- Year of the purchase of land/Constructed House- Nature of use
(1) residential (Self Occupied/On rent)
(b) Non residential (Self Occupied/On rent) RIFICATION I'do hereby declare that the particulars furnished in this formare correctand compiete to the best of my knowledge and belicf.
(Signature of the witness) (Signature of the owner/oceuier) Address Telephone No. (if any)- Telephone no, (if any) Mobile No.- Mabile no.
E-mail address- E-muail address- Date..... 5 Daie.......
3z FORM B (See rule-14) Publication of proposed valuation list No i Dates Municipal The valuation of the land or buildings situated within the territorial arca of the.....
Carporation/Nagar Nigam/Nagar Palika Parishad/Nagar Panchayat for the purposes of the assessment of property tax (general tax, water tax, drainage tax, conservancy tax) has been completed by the Uttar Pradesh Board for Development of Municipal Financial Resources. Such valuation list and amount of property Tax/other Taxes thereon may be inspected by all concemed at the office of the..........Municipal Corporation/Nagar Nigam/Nagar Palika Parishad/Nagar Panchayat or office of the Uttar Pradesh Board for Development of Municiipal Resources, Lucknow during office hours of any working day with a view to inviting objections and suggestions inrespect there of .
Objections and suggestions, if any, with respect to the proposed list should be sent in writing addressed to the Chairperson of the Board, Lucknow along with evidences. Only such objections will be consideredas arc received within 30 days from the date of its publication.
Chairperson, The Uttar Pradesh Board for Development of Municipal Resources, Lucknow.