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The UTTAR PRADESH SHREE CHITRAKOOT DHAM TEERTH VIKAS PARISHAD ACT, 2021

Uttar Pradesh · state statute
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THE UTTAR PRADESH SHREE CHITRAKOOT DHAM TEERTH
VIKAS PARISHAD ACT, 2021 1
[U.P. Act no. 29 of 2021]
[As passed by the Uttar Pradesh Legislature, in pursuance of
the provisions of clause (3) of Article 348 of the Constitution of
India, the Governor is pleased to order the publication of the
following English translation of the Uttar Pradesh Shree Chitrakoot
Dhaam Teerth Vikaas Parishad Adhiniyam, 2021 (Uttar Pradesh
Adhiniyam Sankhya 29 of 2021) and assented to by the Governor on
August 24, 2021 and published in the Uttar PradeshGazette Extra
Ordinaryon the same day. The Paryatan Anub hag is
administratively concerned with the said Adhiniyam]
AN
ACT
to provide for the constitution of Shree Chitrakoot Dham
Teerth Vikas Parishad for the preparation of a plan for preserving,
developing and maintaining the aesthetic quality of Chitrakoot
Heritage in all hues-cultural, ecological and architectural; co-
ordinating and monitoring the implementation of such plan and
for evolving harmonized policies for integrated tourism
development and heritage conservation and management in the
region; giving advice and guidance to any Department/Local
body/Authority in the District of Chitrakoot in respect of any plan,
project or any development proposal which affects or is likely to
affect the heritage resources of the Chitrakoot region and for
matters connected therewith or incidental thereto.
IT IS HEREBY enacted in the Seventy Second Year of the
Republic of India as follows: -
CHAPTER-I
PRELIMINARY
1.(1) This Act may be called the Uttar Pradesh Shree Chitrakoot
Dham Teerth Vikas Parishad Act, 2021.
(2) It extends to the Chitrakoot region situated within the revenue
District of Chitrakoot in Uttar Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in theGazette, appoint.
2.In this Act, unless the context otherwise requires, -
(a) “Chitrakoot Region” means the whole of the area within
the revenue district of Chitrakoot in Uttar Pradesh;
(b) “Chief Executive Officer” means the Chief Executive
Officer of the Parishad appointed under section 4;
(c) “Executive Committee” means the Executive Committee
constituted under sub-section (1) of section 5;
(d) "Executive Vice-Chairperson" means the Executive
Vice-Chairperson of the Parishad appointed under section 4;
(e) “Implementing agency” means a department of the State
Government or a Local Body in Chitrakoot district or a public
undertaking under the jurisdiction of the State Government or
the Government of India chosen for preparation and/or
implementation of any Project plan;
1. For SORseeat the end of this Act.
Short title,
extent and
commencement
Definitions
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(f) “Land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth;
(g) “Local body” means a Development Authority, Municipal
Body or any other local authority concerned with the urban
development of the Chitrakoot region or any Gram Panchayat;
(h) “Member” means a member of the Parishad or the
Planning and Development Committee and includes the
Chairperson there of;
(i) “Parishad" means the Shree Chitrakoot Dham Teerth
Vikas Parishad constituted under section 3;
(j) “Participating Department” means the State Government
Department or a Local Body in Chitrakoot District whose
activities have or are likely to have bearing on the functions of
the Parishad;
(k) "Plan" means the Shree Chitrakoot Dham Teerth Vikas
Plan;
(l) “Planning and Development Committee” means the
Planning and Development Committee constituted under
section 6;
(m) “Project Plan” means a detailed plan prepared to
implement one or more elements to the Plan;
(n) “Regulations” means regulations made by the Parishad
under this Act;
(o) “Shree Chitrakoot Dham Teerth Vikas Plan” means the
plan prepared under this Act for the development of the
Chitrakoot region and for the development of infrastructure
facilities for tourism and conservation of the Heritage, both
tangible and intangible, in Chitrakoot region.
CHAPTER-II
THE SHREE CHITRAKOOT DHAM TEERTH VIKAS PARISHAD
3.(1) The State Government shall, by notification in theGazette,
constitute for the purpose of this Act, a Parishad, to be called the Shree
Chitrakoot Dham Teerth Vikas Parishad.
(2) The Parishad shall be a body corporate.
(3) The Parishad shall consist of the following members, namely: -
(a) the Chief Minister, Uttar Pradesh who shall be the
Chairperson of the Parishad;
(b)Vice-Chairperson- The Minister of Tourism Department
Government of Uttar Pradesh;
(c) Members of each house of the State Legislature of district
Chitrakoot,ex officio;
(d) Executive Vice-Chairperson- Appointed by the Chief
Minister of Uttar Pradesh;
Constitution
and
incorporation
of the Parishad
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(e) Member Co-ordinator/The Principal Secretary to Government
of Uttar Pradesh in the Department of Tourism,ex officio;
(f) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Housing and Urban Planning,ex officio;
(g) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Finance,ex officio;
(h) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Culture,ex officio;
(i) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Religious Affairs,ex officio;
(j) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Urban Development,ex officio;
(k) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Transport,ex officio;
(l) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Environment, Forest and Climate change,ex officio;
(m) the Principal Secretary to the Government of Uttar Pradesh in
the Department of Public Works,ex officio;
(n) the Commissioner, Chitrakoot Division, Chitrakoot,ex officio;
(o) the District Magistrate, Chitrakoot,ex officio;
(p) Senior Superintendent of Police/Superintendent of Police
Chitrakoot,ex officio;
(q) the Chief Town and Country Planner, Uttar Pradesh,ex officio;
(r) the Chief Executive Officer of the Parishad who shall be the
Member-Secretary.
(s) the Chairperson, Chitrakoot Special Area-Development
Authority,ex officio;
(t) the Executive Officer Chitrakoot Nagar Palika Parishad,ex
officio;
(u) five eminent persons having knowledge, experience, exposure
and track record of efforts for the conservation of heritage of the state, to
be nominated by the Chairperson;
(v) Donors who donate a sum of Rs. One crore or more shall be
eligible to be considered as a nominated member after the approval of
the Parishad.
(4) The terms and conditions of office of the members nominated
under clause (u) and (v) of sub-section (3) shall be such as may be
prescribed.
4.(1) There shall be an Executive Vice-Chairperson of the
Parishad to be appointed by the Chief Minister of Uttar Pradesh.
(2) There shall be the Chief Executive Officer of the Parishad to be
appointed by the State Government from amongst the officers not below
the rank of Special Secretary of the State Government.
The Executive
Vice-
Chairperson
and the Chief
Executive
Officer
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(3) The Chief Executive Officer shall be the Administrative Head
of the Parishad and all the officers employed by the Parishad on
deputation or taken on contractual basis shall be under the
administrative control of the Chief Executive Officer.
(4) The Executive Vice-Chairperson and the Chief Executive
Officer shall be entitled to receive from the fund of the Parishad such
salaries and allowances and be governed by such conditions of service as
may be determined by general or special order of the State Government
issued in this behalf.
(5) All orders and decisions and other instruments of the
Parishad shall be authenticated by the signature of the Chief Executive
Officer.
5.(1) There shall be an Executive Committee to exercise the
powers and the functions of the Parishad in the event of an emergency or
other time-sensitive matters when it is not practicable to assemble the
entire Parishad. The Executive Committee shall comprise all theex-
officiomembers of the Parishad and shall be chaired by the Vice-
Chairperson.
(2) The Parishad shall, in its next meeting, review the minutes of
the Executive Committee and may modify, reject or rectify the action
taken by the Executive Committee.
6.(1) The Parishad shall, as soon as may be after the
commencement of this Act, constitute a Planning and Development
Committee, for assisting the Parishad in the discharge of its functions.
(2) The Planning and Development Committee shall consist of the
following members, namely: -
(a) the District Magistrate, Chitrakoot, who shall be the
Chairperson,ex officio;
(b) the Chief Executive Officer, who shall be the member
secretary;
(c) the Senior Superintendent of Police, Chitrakoot,ex officio;
(d) the Secretary-Special Zone Development Authority,
Chitrakoot,ex officio;
(e) the Executive Officer, Chitrakoot Nagar Palika Parishad,
ex officio;
(f) the Sahyukt Niyojak, Nagar evam Gram Niyojan Vibhag,
Uttar Pradesh Jhansi,ex officio;
(g) the Chairperson of every Local Body in the Chitrakoot
District,ex officio;
(h) the Executive Engineer, Chitrakoot-Chitrakoot Develop-
ment Authority, Chitrakoot,ex officio;
(i) the Superintending Engineer, Public Works Depart-ments,
Chitrakoot,ex officio;
(j) the Superintending Engineer, Jal Shakti Department,
Chitrakoot,ex officio;
The Executive
Committee
Composition of
the Planning
and
Development
Committee
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(k) the Superintending Engineer, Pashchimanchal Vidyut
Vitran Nigam Limited (Urban and Rural), Chitrakoot,ex officio;
(l) the Superintending Engineer, Uttar Pradesh Jal Nigam,
Chitrakoot,ex officio;
(m) the Divisional Forest Officer, Chitrakoot,ex officio;
(n) the Regional Officer, Pollution Control Parishad, Banda,
ex officio;
(o) the Superintendent Archaeologist, Lucknow,ex officio;
(p) the Regional Tourist Officer, Jhansi,ex officio;
(q) a Landscape Designer and interpretive planner, to be
nominated by the State Government;
(r) an Environmentalist having experience of the state, to be
nominated by the State Government;
(s) an Eminent historian having experience in the cultural
and mythological history of the State, to be nominated by the
State Government;
(t) a Litterateur or an Artist of repute having experience of
the state, to be nominated by the State Government;
(u) an Eminent lawyer, to be nominated by the State
Government;
(v) two eminent public representative or Social Worker, to be
nominated by the State Government.
(3) The terms and conditions of office of the members nominated
under clauses (q), (r), (s), (t), (u) and (v) of sub- section (2) shall be such
as may be prescribed.
7.(1) The Parishad or the Planning and Development Committee
may meet at any time and for such period as it thinks fit, co-opt any
person or persons as a member or members of the Parishad or of the
Planning and Development Committee.
(2) A person co-opted under sub-section (1) shall exercise and
discharge all the powers and functions of a member of the Parishad or of
the Planning and Development Committee, as the case may be, but shall
not be entitled to vote.
8.The headquarter of the Parishad shall be at Chitrakoot.
9.The Parishad shall meet at such times and at such place as
may be determined by it from time to time.
10.The Planning and Development Committee shall meet at such
times as may be decided by the Chairperson of the Planning and
Development Committee or directed by the Vice-Chairperson of the
Parishad but the time between two consecutive meetings shall not
exceed sixty days.
11.No act or proceeding of the Parishad or of the Planning and
Development Committee shall be invalid merely by reason of the
existence of any vacancy in, or any defect in the constitution of the
Parishad or the Planning and Development Committee as the case
may be.
Power to co-
opt
Headquarters
of the Parishad
Meetings of the
Parishad
Meetings of the
Planning and
Development
Committee
Vacanciesetc.
not to
invalidate
proceedings of
the Parishad of
the Planning
and
Development
Committee
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
12.The quorum for the meetings of the Parishad and the
Planning and Development Committee shall comprise of 2/3 rd of the
members.
CHAPTER-III
POWERS AND FUNCTIONS OF THE PARISHAD AND OF THE
PLANNING AND DEVELOPMENT COMMITTEE
13.The powers of the Parishad shall include the powers to,-
(a) call for reports and information from the Participating
Departments with regard to preparation, enforcement and
implementation of the Plan and the Projects;
(b) ensure that the preparation, enforcement and
implementation of the Plan or the Project, as the case may be, is
in conformity with the Chitrakoot Culture and Architecture;
(c) indicate the stages for the implementation of the Plan;
(d) review the implementation of the Plan and the Projects;
(e) select and approve comprehensive projects from the
participating Departments, call for priority development and
provide such assistance for the implementation of those projects
as the Parishad may deem fit;
(f) levy fee or charges for providing services and facilities or
for maintenance and development thereof from the tourists;
(g)Suo-mototake up any work/project to promote and
secure the development, re-development and beautification of any
area in the entire Chitrakoot region;
(h) select an Implementing Agency for preparation and
implementation of any Project plan in a transparent manner by
following the rules and regulations of the State Government;
(i) entrust to the Planning and Development Committee such
other functions as it may consider necessary to carry out the
provisions of this Act.
14.The functions of the Parishad shall be,-
(a) to prepare the Plan;
(b) to arrange for the preparation of projects by any of the
Participating Departments (All department of State Government);
(c) to co-ordinate the enforcement and implementation of the Plan
and the Projects through any one or more of the Participating
Departments or Implementing Agencies;
(d) to ensure proper and systematic programming by the
participating departments in regard to project formulation,
determination of priorities in the Vacancies,etc. not to invalidate
proceedings of the Parishad of the Planning and Development Committee
Chitrakoot region and phasing of development of infrastructural facilities
for tourism and conservation of the Chitrakoot Heritage in accordance
with stages indicated in the Plan;
Quorum of te
meeting
Power of the
Parishad
Functions of
the Parishad
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(e) to make concerted efforts towards enhancing awareness and
interest in intangible cultural heritage, and document, conserve,
safeguard, promote, display and disseminate it systematically;
(f) to undertake and encourage research in the field of heritage of
the region,
(g) to undertake conservation and development of rivers and
water bodies and their catchments in the Chitrakoot region, to
undertake measures for pollution control therein and development of
river fronts and water bodies;
(h) to formulate Architectural Regulations to bring about
uniformity of the buildings and structures in conformity with the
heritage architecture of the region;
(i) to formulate policies to ensure co-ordination between various
stakeholders-Government Departments, Local Bodies Temple Management
/Trusts, Self Help Groups, Researchers and Scholars for integrated
development of tourism infrastructure and Activities/projects for
strengthening, protecting, preserving and promoting the rich cultural
heritage of the Chitrakoot region;
(j) to arrange for, and oversee, the financing of selected
development projects in the Chitrakoot region through State funds and
other sources of revenue like funds from Temple Trusts, donations, Non-
government organization, company/firms and tourist etc.
(k) to co-ordinate with authorities in adjoining regions in matters
and activities there that have or may have a bearing in Chitrakoot region
to promote harmony in actions.
15.(1) The functions of the Planning and Development
Committee shall be to assist the Parishad in-
(a) the preparation and co-ordinated implementation of the Plan
and the Projects;
(b) scrutinizing the projects of the Participating Department or an
Implementing Agency to ensure that the same are in conformity with the
Plan;
(c) making such recommendations to the Parishad as it may
think necessary to amend or modify any Plan;
(d) co-ordinating and Implementing different Projects at the
district level;
(e) performing such other functions, in connection with the
administration of this Act, as may be entrusted to it by the Parishad.
(2) Different Government departments in the district having
departmental budget sanctions and other implementing Agencies shall
also co-ordinate with the Planning and Development Committee to
ensure convergence and co-ordination of their schemes/projects with
those which are under the Plan.
Function of
the Planning
and
Development
Committee
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
CHAPTER-IV
THE PLAN AND THE PROJECT PLANS
16.(1) The Plan shall be a written statement and shall be
accompanied by such maps, diagrams, illustrations, and descriptive
matters, as the Parishad may deem appropriate for explaining or
illustrating the proposals contained in the Plan and every such maps,
diagrams, illustration, and descriptive matters shall be deemed to be a
part of the Plan.
(2) The Plan shall indicate the manner in which the development
activities in the Chitrakoot region or conservation and such other
matters, as are likely to have any important influence on the
development of the tourism in Chitrakoot region and conservation of
Chitrakoot Heritage shall be undertaken. The Plan shall include the
following elements needed to achieve objectives of the Plan, namely:-
(a) the policy to regulate land-use and the allocation of land
for different uses;
(b) the proposals for major Urban settlement pattern and
architectural regulations;
(c) the proposals for providing suitable economic base for
future growth;
(d) the proposals regarding transport and communication
including railways and arterial roads serving the region including
local transport;
(e) the proposal for the supply of urban services like drinking
water, sewerage and drainage;
(f) indication of the areas which require immediate
development as priority areas;
(g) the proposals towards enhancing awareness and interest
in intangible cultural heritage, and document, conserve,
safeguard, promote, display and disseminate it systematically;
(h) such other matter as may be included by the Parishad in
consultation with the concerned participating departments for
the proper planning for the growth and balanced development of
the Chitrakoot region.
17.For the preparation of the Plan, the Parishad may cause such
surveys and studies as it may consider necessary to be made by such
participating development or persons as it may appoint in this behalf
and may also associate such experts or consultants for carrying out
studies in relation to such specific matters as may be determined by it.
18.(1) Before finalising the Plan, the Parishad shall prepare with
the assistance of the Planning and Development Committee a Plan in
draft and publish it by making a copy thereof available for inspection
and publishing a notice in such form and in such manner as may be
prescribed inviting objections and suggestions from any person with
respect to the draft Plan before such date as may be specified in the
notice.
Contents of
the Plan
Surveys and
Studies
Procedure to
be followed for
preparation of
the Plan
[Volume-11 (Part 2)] 16
[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(2) The Parishad shall also give reasonable opportunities to every
Local Authority/ Department, within whose local limits any land affected
in any manner by the Plan is situated, to make any representation with
respect to the draft Plan.
(3) After considering all objections, suggestions and
representations that have been received by the Parishad, the Parishad
shall finally prepare the Plan.
19.Immediately after the Plan has been finally prepared, the
Parishad shall publish, in such manner as may be prescribed, a notice
stating that the Plan has been finally prepared by it and naming the
places where a copy of the Plan may be inspected at all reasonable hours
and upon the date of first publication of the aforesaid notice, the Plan
shall come into force and will be deemed to have been duly prepared.
20.(1) The Parishad may, subject to the provisions of sub-section
(2) make such modifications in the Plan, as it may think fit, which in its
opinion do not affect important character of the Plan and which do not
relate to the extent of land uses or the standards of population density.
(2) Before making any modification in the finally prepared plan
the Parishad shall publish a notice in such form and in such manner as
may be prescribed indicating therein the modifications which are
proposed to be made in the finally prepared Plan, and inviting objections
and suggestions from any person with respect to the proposed
modifications before such date as may be specified in the notice and
shall consider all objections and suggestions that may be received by it
on or before the date so specified.
(3) Every modification made under this section shall be published
in such manner as the Parishad may specify and the modification shall
come into operation either on the date of such publication or on such
later date as the Parishad may fix.
(4) If any question arises whether the modification proposed to be
made are modifications which affect important character of the Plan, it
shall be decided by the Parishad whose decision thereon shall be final.
21.(1) After every five year from the date of coming into operation
of the finally prepared Plan, the Parishad shall review such Plan in its
entirety and may, after such review, substitute it by a fresh Plan or may
carry out such modifications or alterations therein as may be found by it
to be necessary in concurrence with the Planning and Development
Committee.
(2) Where it is proposed to substitute the Plan with a fresh Plan
or where it is proposed to carry out any modification or alteration, such
fresh Plan or, as the case may be, modifications or alterations, shall be
published and dealt with in the same manner as if it were the Plan
referred to in section 18 and 19 or as if they were the modifications or
alterations in the plan made under section 20.
22.(1) A participating department may, by itself or in
collaboration with one or more of the participating departments prepare
Project Plans for one more element of the Plan.
Date of coming
into operation
of the Plan
Modifications
of the Plan
Review and
revision of the
Plan
Preparation of
the Project
Plan, co-
ordination and
convergence
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(2) Various participating departments in the district receiving
grants, loans or budget sanctioned by the State Government, shall
ensure convergence/co-ordination of their departmental schemes with
the schemes/projects under the Plan.
CHAPTER-V
FINANCE, ACCOUNTS AND AUDIT
23.The State Government may, after due appropriation made by
Legislature by law in this behalf, make to the Parishad grants, advances
and loans of such sums of money as it may consider necessary to enable
the Parishad to carry out its functions under this Act.
24.(1) There shall be constituted a Fund to be called the Shree
Chitrakoot Dham Vikas Parishad Fund, to be maintained in a separate
bank account of its own and there shall be credited thereto,-
(a) any grants and loans made to the Parishad by the State
Government under section 23;
(b) all sums paid to the Parishad by the participating
departments;
(c) sums received from other sources such as Temple Trusts,
donations from Non-Government Organization, companies, firms
and individuals, etc;
(d) any other sums received by the Parishad from such other
sources as may be decided upon by the State Government in
consultation with the Parishad.
(2) The sums credited to the Fund referred to in sub-section (1)
shall be applied for-
(a) meeting the salaries, allowances and other remuneration
of the Executive Vice-Chairperson, Chief Executive Officer,
Additional Chief Executive Officer, the Finance Officer and other
officers and employees of the Parishad and for meeting other
administrative expenses of the Parishad;
(b) conducting surveys, preliminary studies and drawing up
plans/projects for the Chitrakoot region;
(c) providing financial assistance to the participating
departments and Implementing Agencies for the implementation
of the Plan and the projects subject to such terms and conditions
as may be decided by the Parishad;
(d) meeting any other expenses incurred by the Parishad in
the administration of this Act.
25.The Parishad shall prepare in such form and at such time
every year, as Budget the State Government may specify, a budget for
the next ensuing financial year and forward the same to the State
Government at least ninety days prior to the commencement of the
financial year.
Grants,
advances and
loans by the
Government
Constitution of
the fund
Budget
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
26.The Parishad shall prepare for every year a report of its
activities during that year and submit the report to the State
Government in such form and on or before such date as the State
Government may specify and such report shall be laid before both
Houses of the State Legislature.
27.(1) The Parishad shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including
the balance sheet in such form as the State Government may specify.
(2) The accounts of the Parishad shall be subject to audit
annually by the Examiner, Local fund Accounts and/or the State
Government may entrust the audit to the Accountant General, Uttar
Pradesh or the Comptroller and Auditor General of India or to any other
Auditor on such terms and conditions, in such manner, for such period
and at such times as may be agreed upon between him and the State
Government.
(3) The rights, authority and privileges of any person conducting
audit under sub-section (2) shall,-
(a) in the case of Examiner, Local Fund Accounts, be the
same as he has in connection with the audit of the accounts of
local authority;
(b) in the case of the Accountant General, Uttar Pradesh or
the Comptroller and Auditor General of India, be the same as he
has in connection with the audit of Government accounts; and
(c) in the case of any other auditor, as may be prescribed;
(4) The Parishad shall furnish, to the State Government annually
or at such times as may be directed by it, a copy of its audited accounts
together with the auditor’s report thereon.
28.The State Government shall cause the annual report and the
auditor’s report to be laid as soon as may be after their receipts, before
each House of the State Legislature while it is in session.
CHAPTER-VI
ACQUISITION AND DISPOSAL OF LAND
29.(1) If, in the opinion of the State Government, any land is
required for the development or for any other purpose under this Act, the
State Government may acquire such land under the provisions of the
Rights to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act no. 30 of 2013).
(2) Where any land has been acquired by the State Government,
it may, after it has taken possession of the land, transfer the land to the
Parishad for the purpose for which the land has been acquired on
payment by the Parishad of the compensation awarded under the Act
referred to in sub section (1) and of the charges incurred by the State
Government in connection with the acquisition.
(3) Subject to any directions given by the State Government in
this behalf, the land acquired by the State Government and transferred
to the Parishad may be transferred by the Parishad to such agency
owned or controlled by State Government, in such manner and subject
Annual Report
Accounts and
audit
Annual report
and Auditor’s
report to be
laid bedore the
State
Legislautre
Acquisition of
Land for the
purpose of the
Act
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
to such terms and conditions as it may consider expedient for securing
the development of the Chitrakoot region after undertaking or carrying
out such development as it thinks fit for the purpose of this Act.
30.No change of purpose or related purposes for which land is
originally sought to be acquired shall be allowed except for as provided
in the Act referred to in sub-section (1) of section 29.
31.When any land acquired for the purpose of this Act remains
unutilized it shall be disposed of according to the provisions of the Act
referred to in Technical Assistances to the Parishad/Planning and
Development Committee
CHAPTER-VII
MISCELLANEOUS
32.The provision of this Act shall be in addition to, and not in
derogation of, the provisions of any other Actor law for the time being in
force.
33.The State Government may, from time to time, give such
directions to the Parishad as it may think fit for the efficient
administration of this Act and the Parishad shall be bound to comply
with such directions.
34.(1) The State Government may direct any of its departments
to provide, on such terms and conditions as may be mutually agreed
upon, such technical assistance to the Parishad as it may consider
necessary.
(2) With a view to enabling the Planning and Development
Committee to discharge its functions, the Parishad shall, out of the
technical assistance received by it under sub-section (1) make available
to the Planning and Development Committee such technical assistance
as the Planning and Development Committee may require.
35.(1) The State Government may appoint two suitable persons
respectively as Additional Chief Executive Officer and the Finance Officer
of the Parishad who shall exercise such powers and perform such duties
as may be prescribed by regulations or delegated to them by the
Parishad or the Chief Executive Officer.
(2) Subject to such control and restrictions as may be determined
by general or special order of the State Government, the Parishad may,
subject to any rules that may be made in this behalf, make
appointments on such post and determine the designations and grades
of persons so appointed as may be necessary for the efficient discharge
of its functions under this Act.
(3) There shall be a legal advisor to advise the Parishad in legal
matters, who shall be appointed in consultation with the law department
of the State Government.
(4) The qualifications, terms and conditions of service and
functions and duties of officers and employees, appointed under sub-
section (2), shall be such as may be prescribed.
No chanage of
purpose
allowed
Return of
unutilized land
Provisions to
be in addition
to existing
laws
Power of the
State
Government to
give directions
Technical
Assistancces to
the Parishad/
Planning and
Development
Committee
Officers and
employees of
the Parishad
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(5) The Additional Chief Executive Officer, the Finance Officer and
other Officers and employees of the Parishad shall be deputed from any
department on deputation and shall be entitled to the salaries and
allowances from the funds of the Parishad for a minimum period of 3
years and maximum period of 5 years with the approval of the State
Government.
36.The Parishad may, by general or special order, direct that any
function or power (other than the power to approve the Plan,
modifications and alterations therein and to make regulations), or duty
performed, exercised or discharged by it under this Act or the rules
made there under shall, subject to such conditions, if any, as may
specified in such order, be performed, exercised or discharged also by
such officer as may be specified in the said order and where any such
delegation of power is made, the officer to whom such power is delegated
shall perform, exercise or discharge those powers.
37.Subject to any rules made in this behalf, any person
generally or specially authorized by the Parishad in this behalf, may, at
all reasonable times, enter upon any land or premises and do such
things thereon as may be necessary for the purpose of lawfully carrying
out any works or for making any survey, examination or investigation,
preliminary or incidental to the exercise of any power or performance of
any function by the Parishad under this Act :
Provided that no such person shall enter any building, or any
enclosed courtyard or garden attached to a dwelling- house without
previously giving the occupier thereof at least three days’ notice in
writing of his intention to do so.
38.The Officers and other employees of the Parishad shall be
deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Act no. 45 of 1860).
39.No suit, prosecution or other legal proceeding shall lie
against the Parishad, Planning and Development Committee, their
Members, officers or employees including any other person authorized by
them to exercise any power or to discharge any function under this Act
for anything which is done or intended to be done in good faith under
this Act.
40.(1) The State Government may, by notification in theGazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers
such rules may provide for all or any of the following matters, namely: -
(a) the terms and conditions of the office of the members as
required by sub-section (4) of section 3 and sub section (3) of
section 6;
(b) the form and manner in which notice under sub-section
(1) of section 18 and sub-section (2) of section 20 shall be
published;
(c) the manner in which notice under section 19 shall be
published;
Delegation
Power of entry
Officers and
employees of
the Parishad to
be public
servants
Protection of
action taken in
good faith
Power to make
rules
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[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
(d) any other matter which is to be or may be prescribed or
in respect of which provision is to be or may be made by rules.
41.(1) The Parishad may, with the previous approval of the State
Government by notification in theGazettemake regulations not
inconsistent with this Act and the rules made there under to carry out
the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers such regulations may provide for all or any of the
following matters, namely: -
(a) the manner in which and the purpose for which the Parishad
may associate with itself any person under section 17;
(b) the terms and conditions of service of the officers and
employees of the Parishad under sub-section (4) of section 35;
(c) any other matter in respect of which provision is to be or may
be made by regulations.
42.(1) Where the State Government is satisfied that the purpose
for which the Parishad was established under this Act have been
substantially achieved or the Parishad has failed in its objectives, so as
to render the continued existence of the Parishad in the opinion of the
State Government unnecessary, the State Government may, by
notification in theGazette,declare that the Parishad shall be dissolved
with effect from such date as may be specified in the notification; and
the Parishad shall be deemed to have been dissolved accordingly.
(2) From the said date-
(a) all properties, fund and dues which are vested in or,
realizable by the Parishad shall vest in, or be realizable by, the
State Government;
(b) all liabilities which are enforceable against the Parishad
shall be enforceable against the State Government;
(c) for carrying out any work which has not been fully
carried out by the Parishad and for realizing properties, funds
and dues referred to in clause (a), the functions of the Parishad
shall be discharged by the State Government.
(3) Nothing in this section shall be construed as preventing the
State Government from reconstituting the Parishad in accordance with
the provisions of this Act.
43.(1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, for removing such difficulty, by
order published in theGazette,direct that the provision of this Act shall,
during such period as may be specified in the order, have effect subject
to such adaptations, whether by way of modification, addition or
omission, as it may deem to be necessary and expedient.
(2) No order under sub-section (1) shall be made after the
expiration of a period of two years from the date of commencement of
this Act.
(3) Every order made under sub -section (1) shall, as soon as may
be after it is made, be laid before each house of the State Legislature.
Power to make
regulations
Dissolution of
the Parishad
Power to
remove
difficulties
[Volume-11 (Part 2)] 28
[The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Act, 2021]
STATEMENT OF OBJECTS AND REASONS
There has been felt a need to provide for the constitution of Shree Chitrakoot
Dham Teerth Vikas Parishad for the preparation of a plan for preserving, developing
and maintaining the aesthetic quality of Chitrakoot heritage in all hues-cultural,
ecological and architectural; co-ordinating and monitoring the implementation of such
plan and for evolving harmonized policies for integrated tourism development and
heritage conservation and management in the region; giving advice and guidance to any
Department/local body/Authority in the District of Chitrakoot in respect of any plan,
project or any development proposal which affects or is likely to affect the heritage
resources of the Chitrakoot region and for matters connected therewith or incidental
there to.
In view of the above, it has been decided to make a law to provide for the
establishment of Shree Chitrakoot Dham Teerth Vikas Parishad.
The Uttar Pradesh Shree Chitrakoot Dham Teerth Vikas Parishad Bill, 2021 is
introduced accordingly.
————
[Volume-11 (Part 2)] 30

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