Chapter VIII of the Uttar Pradesh Urban Planning and Development Act, 1973

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Ancillary Enforcement Powers and Corporate Liability – Sections 29 to 32

Section 29 allows conferment of additional powers on the Authority, including powers possessed by local bodies or other agencies, to avoid jurisdictional gaps in implementing development schemes. This can include powers under municipal or improvement trust statutes that are necessary for coordinated urban management, subject to State Government directions.[3][4]

Section 30 deals with offences by companies and follows the general pattern of vicarious liability statutes, deeming persons who were in charge of and responsible to the company at the time of commission of an offence, as well as the company itself, to be guilty, subject to a “due diligence” defence. Additionally, directors, managers or officers whose consent, connivance or neglect led to the offence can be singled out for prosecution, which is important given the prevalence of corporate developers in urban land assembly and construction.[17][3]

Section 31 directs that fines realised under the Act are to be credited to the funds of the Development Authority, reinforcing the financial capacity of authorities to undertake development and enforcement activities. Section 32 enables composition of specified offences on payment of prescribed sums, which allows for pragmatic resolution of minor or technical breaches without full criminal prosecution, and often operates alongside compounding schemes framed by the State Government.[10][2][3]

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