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[Cites 0, Cited by 1] [Section 59] [Entire Act]

State of Uttar Pradesh - Subsection

Section 59(1) in U.P. Urban Planning and Development Act, 1973

(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, Sections 335, 336, Chapter XIV of the Uttar Pradesh [U.P. Municipal Corporation Act, 1959] [Substituted by UP Act No. 3 of 1997] Sections 178, 179. 180, 180-A, 18 1. 182, 183. 184, 185, 186. 203. 204. 205. 206, 207, 208, 209, 210 and 222 of the [U. P. Municipalities Act. 1916] [Substituted by UP Act No. 3 of 1997] (or the said sections as extended under Section 338 thereof or under Section 38 of the [United Provinces Town Areas Act, 1914] [Repealed By UP Act No. 12 of 1994], or as the, case may be, of Sections 162 to 171 of the [U.P. Kshetra Panchayat Zila Panchayat Adhiniyam, 1961] [Substituted by UP Act No. 3 of 1997] and of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 and the Uttar Pradesh Avas- Evam Vikas Parishad Adhinlyam. 1965, [except in relation to those housing or Improvement schemes which have either been notified under Section 32 of 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 byethereafter 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] [Substituted By UP Act No 47 of 1976 and deemed always to have been substituted.] shall in respect of a development area remain suspended and Sub-section (3) of Section 139 of the Uttar Pradesh [Municipal Corporation Act,1959] [Substituted by UP Act No. 3 of 1997] 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) shall apply, in relation to such suspension as if the suspension amounted to repeal of the said enactment by this Act, and in particular, all proceedings relating to acquisition of land and interest in land for Improvement schemes under the said enactment pending immediately before such suspension before any court, tribunal or authority may be continued and concluded in accordance with the provisions of the said enactment (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 not 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 Clause Act, 1904, shall vest in the Vice-Chairman and the Chairman respectively).
(b)The operation of the provisions suspended by virtue of Clause (a) shall revive upon the dissolution of the Authority under Section 58, the provisions of [Sections 6 and 24 of the United Provinces General Clauses Act. 1904] [Substituted by UP Act No. 3 of 1997] 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 (b), and bye-laws, directions or regulations under the [U.P. Municipalities Act. 1916] [Inserted. By UP Act No. 13 of 1975(w.e.f. 15.08.1974)] or the Uttar Pradesh (Regulation of Building Operations) Act, 1958 or the [U.P. Municipal Corporation Act, 1959] [Substituted By UP Act No. 3 of 1997] as the case may be, and in force on the date immediately before the date of commencement of this Act, shall, insofar 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).]