The UTTAR PRADESH PARKS, PLAYGROUNDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1975

 
 
THE UTTAR PRADESH PARKS, PLAYGROUNDS AND OPEN SPACES  
(PRESERVATION AND REGULATION) ACT, 1975 
[U.P. Act No. 55 of 1975] 
AN 
ACT 
(As passed by the Uttar Pradesh Legislature) 
to provide for the preservation and regulation of parks, playgrounds and open 
spaces in Uttar Pradesh.  
It is hereby enacted in the Twenty-sixth year of the Republic of India as 
follows:-- 
Short title,   
extent and  
commencement 
1- (1) This Act may be called the Uttar Prade sh Parks, Playgrounds and Open 
Spaces (Preservation and Regulation) Act, 1975. 
(2) It shall apply to the areas included in every Nagar Mahaplika under the 
Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, and every municipality or 
notified area under the U.P. Municipalities Act, 1916 and every town area under the 
U.P. Town Areas A ct, 1914, and to such other areas as the State Government may, 
from time to time, by notification in the Gazette, specify in this behalf. 
(3) If shall come into force on such date, as the State Government may, by 
notification in the Gazette, appoint, and diffe rent dated may be appointed for 
different local areas.  
 
Definitions 2- In this Act, unless the context otherwise requires---  
(a) “open space” means any land (whether enclosed or not), belonging to 
the State Government or any local authority, on which there are no buildings 
or of which not more than one -twentieth part is covered with buildings, and 
whole or the remainder of which is used for purposes or recreation, air or 
light; 
(b) “park” means a piece of land on which there are no buildings or of 
which not more  than one -twentieth part is covered with buildings, and the 
whole or the remainder of which is laid out as a garden with trees plants or 
flower-beds or as a lawn or as a meadow and maintained as a place for the 
resort of the public for recreation, air or light; 
(c) “playground” means a piece of land adapted for the purpose of play, 
game or sport and used by any educational institution or club or other 
association;  
(d) “prescribed” means prescribed by rules made under this Act.  
Preparation 
and 
submission of 
lists of parks, 
play grounds 
and open 
spaces. 
3- (1) After the commencement of this Act in any area, a list, with plans 
and maps, of all parks, playgrounds and open spaces in such area, shall be 
prepared and published by such authority within such time  and in such 
manner as may be prescribed.   
(2) Any person interested may, within three months of the date of 
publication of the list under sub -section (1), submit his objections and 
suggestions in writing in respect of anything contained in or relating to such 
list to the prescribed authority. 
 
 
(3) The prescribed authority may, after considering the objections and 
suggestions, if any, received under sub -section (2) and after making such 
further enquiry, if any, as it thinks fit, approve the list with or without 
modification.  
(4) The list, approved by the prescribed authority under sub -section (3) 
shall be in such form and contain such particulars and shall be published in 
such manner as may be prescribed.  
[The U.P. Parks, Playgrounds and Open spaces (Preservation and Regulation) Act, 1975]       
[Section 4-9] 
 
  (5) Any plan, map or document forming part of or referred to in any list 
published under sub-section (1) or sub-section (4), as the case may be, shall 
be available to the public for inspection at such place and such time a s may 
be prescribed. 
Revision of 
list by  
Government 
4- (1) Any person who has any objection to the list approved by the 
prescribed authority, may, within such time as may be prescribed, make a 
representation in writing to the State Government. 
(2) On such repres entation, the State Government may call for the 
records of the case from the prescribed authority and after giving the parties 
concerned an opportunity of being heard, and if necessary, after making 
such further inquiry, as it may consider necessary, revise the list. 
(3) The list, as revised under sub -section (2), shall be published in the 
Gazette and in such other manner as may be prescribed. 
 
Variation or  
revocation of  
list 
5- (1) The State Government may, at any time, either suo motu, or at the 
instance of a local authority, or of any person interested, add to, vary or 
revoke a list approved under section 3 or revised under section 4. 
(2) Before making any such addition, variation or revocation, the State 
Government shall publish, in the prescribed manner, a draft  of such 
addition, variation or revocation together with a notice specifying a date on 
or after which such draft will be taken into consideration and shall consider 
such objections and suggestions as may be received in respect of such draft 
before the date so specified.  
 
Prohibition of  
the use of  
parks, play-  
grounds and  
open spaces in  
certain cases 
6- No, park, playground or open space, specified in the list published 
under section 3 or section 4, as the case may be, shall except with the 
previous sanction of the prescribed authority, be used for any purpose other 
than the purpose for which it was used on the date immediately preceding 
the date of commencement of this Act. 
 
Maintenance 
of parks, play- 
grounds and  
open spaces 
 
7- The local authority  shall maintain in a clean and proper condition all 
parks, playgrounds and open spaces belonging to or vested in it and 
included on the list published under section 3 or section 4. 
Prohibition of  
construction of  
building, etc. 
8- No person shall, except  with the previous sanction of the prescribed 
authority construct any building or put up any structure likely to affect the 
utility of the park, playground or open space specified in the list published 
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under section 3 or section 4.  
 
Obligation of  
owner of parks 
playgrounds, 
etc. 
9- (1) In the case of a park or playground not vested in a local authority 
but included in the list published under section 3 or section 4, the prescribed 
authority may, by notice, require the owner or occupier of such park or 
playground---  
(i) to maintain such park or playground in a clean and proper 
condition; or 
(ii) to remove or alter any projection, encroachment or obstruction in 
or over any such park or playground or to make within a date specified 
in the notice such repairs to any buil ding in such park or playground as 
the prescribed authority may consider necessary.  
 
[The U.P. Parks, Playgrounds and Open spaces (Preservation and Regulation) Act, 1975]   
[Section 10-12] 
 
  (2) If the owner or occupier fails to comply with the notice under  sub-
section (1) the prescribed authority shall itself arrange, through  such agency, 
as it think fit-  
(i) to maintain such park or playground in a clean and proper 
condition; or 
(ii) to remove or alter the projection, encroachment or obstruction; or 
(iii) to make such repairs, as it may consider necessary, 
and the cost of such maintenance or removal, alteration or repairs 
shall be recoverable from such owner or occupier in such manner as may 
be prescribed.  
(3) Any dispute as to the amount of cost recoverable under sub -section 
(2), shall be decided by the State Government, whose decision shall be final. 
(4) The prescribed authority may, instead of or in addition to taking 
action, as indicated in sub -section (2) cause the land to be acquired under the 
Land Acquisition Act, 1894, for the purpose of effective management of the 
land as a park or playground.  
(5) Any owner or occupier of a playground desiring to convert a 
playground to any use other than as a playground may give notice to the State 
Government to purchase his rights, title  and interest in the playground, and if 
the State Government does not signify its readiness and willingness within six 
months from the date of receipt of such notice to purchase such rights, title 
and interest, he may put such playground to such use as he desires.  
 
Submissio
n of  
annual 
returns 
1
0- 
(1) The prescribed authority shall submit to the State Government in such 
form and with such particulars, as may be prescribed an annual return in 
respect of the parks, playgrounds and open spaces included in the l ist 
published under section 3 or section 4. 
(2) The return referred to in sub -section (1) shall also contain a list of the 
parks and playgrounds in respect of which action was taken under sub -section 
3
 
 
(2) of section 9, together with particulars as regards the n ature of the action 
taken in respect of them and the steps taken in regard to their proper 
maintenance. 
 
Removal 
of  
unauthoriz
ed persons 
1
1- 
 If any person enters or remains in any park, playground or open space 
belonging to or vested in the State Govern ment or a local authority, in 
contravention of any direction issued in that behalf by the State Government 
or, as the case may be, by such authority, he may without prejudice to any 
other proceedings which may be taken against him, be removed from such 
park, playground or open spa ce by any police officer or any  other person 
acting on behalf of the State Government or such local authority, as the case 
may be, who may use such force for the purpose as may be necessary.  
 
Penalties 1
2- 
Whoever throws any rubb ish into any parks, playground or open space 
specified in the list published under section 4 or section 5 or gets over the     
railings or fence or steals or damages the fruits, flowers, plants, grass or any    
other thing whatsoever therein or commits any  nuisance therein, shall be 
punishable with imprisonment for a term which may extend to one month or 
with fine or with both. 
 
 
 
[The U.P. Parks, Playgrounds and Open spaces (Preservation and Regulation) Act, 1975]   
[Section 13-14] 
 
Interim 
preservation 
of parks etc. 
13- Until the preparation and publication of a list of parks, playgrounds 
and open spaces under this Act, (which shall be completed within a period 
of two years from the commencement of this Act) no land which in an 
open space or is used as a park or playground immediately preceding the 
date of commencement of this Act shall be used or dealt with for any 
purpose except as such park or playground save with the prior permission 
in writing of the prescribed authority. 
 
Power to make  
rules 
14- (1) The State Government may, by notification in the Gazette make 
rules for the purpose of carrying out the provisions of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing provision, such rules may provide for---  
(a) controlling or r egulating the admission of persons to, and the 
conduct of persons in and in the vicinity of parks, playgrounds and 
open spaces. 
(b) restriction or prohibiting the admission of animals or any class 
of animals to any parks, playground or open space;  
(c) removing fr om any park, playground or open space any 
person who is therein in contravention of any order or direction of 
4
 
 
any authority issued under this Act;   
(d) the time within which the annual return under section 10 shall 
be submitted to the State Government;  
(e) the procedure to be followed under sub -section (2) of section 
9; and  
(f) all matters expressly required or allowed by this Act to be 
prescribed.  
(3) All rules made under this Act shall as soon as may be after they 
are made, be laid before each House of the State Legi slature while it is in 
session for a total period of not less than thirty days comprised in its one 
session or more than one successive sessions, and shall, unless some later 
date is appointed, take effect from the date of their publication in the 
Gazette, subject to such modifications or annulments as the two Houses of 
the Legislature may, during the said period, agree to make so, however, 
that any such modifications or annulments shall be without p rejudice to 
the validity of anything previously done thereunder.  
 
 
 
 
 
 
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