LexThe UTTAR PRADESH VINDHYA DHAM TEERTH VIKAS PARISHAD ACT, 2021
Uttar Pradesh · state statute
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15
No. 807(2)/LXXIX-V-1-21-1(ka)-24-21
Dated Lucknow, August 24, 2021
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 Vindhya Dham Tirth Vikas Parishad Adhiniyam, 2021 (Uttar Pradesh Adhiniyam
Sankhya 28 of 2021) as passed by the Uttar Pradesh legislature and assented to by the Governor on
August, 24, 2021. The Paryatan Anubhag is administratively concerned with the said Adhiniyam
THE UTTAR PRADESH VINDHYA DHAM TEERTH VIKAS PARISHAD
ACT, 2021
(U.P. Act no, 28 of 2021)
[As passed by the Uttar Pradesh Legislature]
AN
Act
to provide for the constitution of Pradesh Vindhya Dham Teerth Vikas Parishad for
the preparation of a plan for preserving, developing and maintaining the aesthetic quality
of Vindhyachal 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 Mirzapur in respect of any plan, project or any development proposal which affects or
is likely to affect the heritage resources of the Vindhyachal 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:-
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Short title, extent
and commencement
Definitions
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Uttar Pradesh Vindhya Dham Teerth Vikas
Parishad Act, 2021.
(2) It extends to the Vindhyachal region situated within the revenue District of
Mirzapur in Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification
in the Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Chief Executive Officer” means the Chief Executive Officer of the Parishad
appointed under section 4;
(b) “Executive Committee” means the Executive Committee constituted under
sub-section (1) of section 5;
(c) " Executive Vice-Chairperson" means the Executive Vice-Chairperson of the
parishad appointed under section 4;
(d) “Implementing agency” means a department of the State Government or a
Local Body in Mirzapur 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;
(e) “Land” includes benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(f) “Local body” means a Development Authority, Municipal Body or any other
local authority concerned with the urban development of the Vindhyachal region or any Gram
Panchayat;
(g) “Member” means a member of the Parishad or the Planning and Development
Committee and includes the Chairperson there of;
(h) “Parishad" means theVindhya Dham Teerth Vikas Parishad constituted under
section 3;
(i) “Participating Department” means the State Government Department or a Local
Body in Mirzapur District whose activities have or are likely to have bearing on the functions
of the Parishad;
(j) "Plan" means the Vindhya Dham Teerth Vikas Plan prepared under this Acr for
the development of the Vindhayachal region and for the development of infrastructure
facilities for tourism and conservation of the Heritage, both tangible and intangible, in
Vindhyachal region;
(k) “Planning and Development Committee” means the Planning and Development
Committee constituted under section 6;
(l) “Project Plan” means a detailed plan prepared to implement one or more
elements to the Plan;
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Constitution and
incorporation of the
Parishad
(m) “Regulations” means regulations made by the Parishad undersection 41;
(a) “Vindhyachal Region” means the whole of the area withinthe revenue district
of Mirzapur in Uttar Pradesh;
CHAPTER II
THE VINDHYA DHAM TEERTH VIKAS PARISHAD
3. (1) The State Government shall, by notification in the Gazette, constitute for the
purpose of this Act, a Parishad, to be called the Vindhya 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 Mirzapur, ex-officio;
(d) Executive Vice-Chairperson- Appointed by Government of Uttar Pradesh.
(e) Member Co-ordinator The Princpal 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, Vindhyachal Division, Mirzapur , ex officio;
(o) The District Magistrate, Mirzapur , ex officio;
(p) Senior Superintendent of Police/Superintendent of Mirzapur, ex officio;
(q) The Chief Town and Country Planner, Uttar Pradesh,ex officio;
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The Executive Vice-
Chairperson and The
Chief Executive
Officer
The Executive
Committee
Composition of the
Planning and
Development
Committee
(r) The Chief Executive Officer of the Parishad who shall be the Member-Secretary.
(s) The Vice Chairperson, Mirzapur-Vindhyachal -Development Authority,
Mirzapur, ex officio;
(t) The Executive Officer Vindhyachal Nagar Palika Parishad , ex officio
(u) five eminent persons having knowledge, experience, exposure and track record
of efforts for the conservation of heritage of Vindhyachal region, to be nominated by
the Chairperson in consultation with the State Government;
(v) Donors who make a donation of Rs. Ten 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 State Government
(2) The Executive vice chairperson shall constitute a technical team in consultation
with the Principal secretary/secretary of such departments as are members of the parishad
comprising experts of different fields. The team will examin from time to time the work done
by the parishad and submit its report to the executive vice-chairperson.
(3) 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.
(4)The Chief Executive Officer shall be the officer of the Parishad and all the officers and
employees appointed by the Parishad shall be under the administrative control of the Chief
Executive Officer.
(5) 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 in this behalf.
(6) 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 emergent or other time-sensitive matters when it is not
practicable to assemble the entire Parishad. The Executive Committee shall comprise of all the
ex-officio members 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 ractify 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,
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Power to
co-opt
namely:-
(a) the District Magistrate, Mirzapur, who shall be the Chairperson, ex officio;
(b) the Chief Executive Officer, who shall be the member secretary,;
(c) the Superintendent of Police, Vindhyachal, ex officio;
(d) the Vice-Chairperson, Mirzapur-Vindhyachal Development Authority, Mirzapur,
ex officio;
(e) the Executive Officer, Vindhyachal Nagar Palika Parishad, ex officio
(f) the Associate Planner, Town and Country Planning, Vindhyachal Division,
Mirzapur, ex officio;
(g) the Chairperson of every Local Body in the Mirzapur District, ex officio;
(h) the Chief Engineer, Mirzapur-Vindhyachal Development Authority, Mirzapur, ex
officio;
(i) the Superintending Engineer, Public Works Departments, Mirzapur, ex officio;
(j) the Superintending Engineer, Jal Shakti Department, Mirzapur , ex officio;
(k) the Superintending Engineer, Dakshinanchal Vidyut Vitran Nigam Limited (Urban
and Rural), Mirzapur, ex officio;
(l) the Superintending Engineer, Uttar Pradesh Jal Nigam, Mirzapur, ex officio;
(m) the Divisional Forest Officer, Mirzapur , ex officio;
(n) the Regional Officer, Pollution Control Parishad, Sonbhadra, ex officio;
(o) the Superintendent Archaeologist, Varanasi , ex officio;
(p) the Regional Tourist Officer, Varanasi , ex officio;
(q) a Landscape Designer and interpretive planner, to be nominated by the State
Government;
(r) an Environmentalist having experience of Vindhyachal region, to be nominated by
the State Government;
(s) an Eminent historian having experience in the cultural and mythological history of
Vindhyachal Region, to be nominated by the State Government;
(t) a Litterateur or an Artist of repute having experience of the Vindhyachal region, to
be appointed by the State Government;
(u) an Eminent lawyer, to be appointed by the State Government;
(v) two eminent public representative or Social Worker, to be appointed 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.
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Headquarters of the
Parishad
Meetings of the
Parishad
Meetings of the
Planning and
Development
Committee
Vacancies, etc. not
to invalidate
proceedings of the
Parishad or the
Planning and
Development
Committee
Quorum of the
meeting
Power of the
Parishad
(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 Mirzapur.
9. The Parishad shall meet at such times and at such place as may be determined by the
Parishad 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.
12. The quorum for the meetings of the Parishad and the Planning and Development
Committee shall comprise of one half 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 Vindhyachal 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-moto take up any work/project in order to promote and secure the development,
re-development and beautification of any area in the entire Vindhyachal region;
(h)select an Implementing Agency for preparation and implementation of any Project
plan;
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21
Functions of the
Parishad
Functions of the
Planning and
Development
Committee
(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;
(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 Vindhyachal region and
phasing of development of infrastructural facilities for tourism and conservation of the
Vindhyachal Heritage in accordance with stages indicated in the Plan;
(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 Vindhyachal 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 Vindhyachal region;
(j) to arrange for, and oversee, the financing of selected development projects in the
Vindhyachal region through State funds and other sources of revenue like funds from
Temple Trusts, donations, Non-government Organization, company/firms and tourists, etc.
(k) to co-ordinate with authorities in adjoining regions in matters and activities there that
have or may have a bearing in Vindhyachal 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) make such recommendations to the Parishad as it may think necessary to amend or
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Contents of the Plan
Surveys and Studies
Procedure to be
modify any Plan;
(d) co-ordinate and Implement different Project at the District level;
(e) Perform 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.
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 the purpose of 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 Vindhyachal Region or conservation and such other matters, as are likely to have
any important influence on the development of the tourism in Vindhyachal Region and
conservation of Vindhyachal 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 Vindhyachal 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
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23
followed for
preparation of the
Plan
Date of coming into
operation of the Plan
Modifications of the
Plan
Review and revision
of the Plan
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.
(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.
(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
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Preparation of the
Project Plan, co-
ordination and
convergence
Grants, advances
and loans by the
Government.
Constitution of the
fund
Budget
Annual Report
Accounts and audit
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, as the case may be, prepare Project Plans for
one more elements of the Plan.
(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 Vindhya 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; and
(c) sums received from other sources such as Temple Trusts, donations from
Non-Government Organization, companies, firms and individuals, etc; and
(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 Vindhyachal 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 from and at such time every year, as 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.
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
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Annual report and
Auditor’s report to
be laid before the
State Legislature
Acquisition of Land
for the purpose of
the Bill
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, as the case may
be, 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, be as 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 (1) 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
purpose of 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 to such terms and conditions as it may consider expedient
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No change of
purpose allowed
Return of unutilized
land
for securing the development of the Vindhyachal 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 sub-section (1) of
section 29.
Provisions to be in
addition to existing
laws
Power of the State
Government to give
directions
Technical
Assistances to the
Parishad/Planning
and Development
Committee
Officers and
employees of the
Parishad
CHAPTER VII
Miscellaneous
32.The Provision of this Act shall be in addition to, and not in derogation of, the
provisions of any other Act or 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
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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
officers and employees, appointed under sub-section (2), shall be such as may be
prescribed.
(5) The Additional Chief Executive Officer, the Finance Officer and other
Officers and employees of the Parishad shall be entitled to receive from the Fund of
the Parishad such salaries and allowances as may be determined by the State
Government in this behalf.
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 thereunder shall, subject to such conditions, if any, as may
specified in such order, be performed, exercised or discharged also by such 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 [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 the Gazette, 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 sub-section (1) of section 19 shall be
published;
(d) Any other matter which is to be or may be prescribed or in respect of
28 mRrj izns”k vlk/kkj.k xtV] 24 vxLr] 2021
Power to make
regulations
Dissolution of the
Parishad
Power to remove
difficulties
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 the Gazette make 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 16;
(b) the terms and conditions of service of the officers and employees of the
Parishad under subsection (4) of section 34;
(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 the Gazette, 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 the purpose of carrying out any work which has not been fully carried out
by the Parishad and for the purpose of 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 the
Gazette, 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.
STATEMENT OF OBJECTS AND REASONS
The importance of vindhya region is described in the puranas as it being a tapobhoomi. the
temple of goddess vindhyavasini Devi is situated on the bank of holy river Ganga in the middle of
vindhya mountain range. it is one of the most revered Shakti peeth of India as out of the 51 Shakti
peeth of the country, vindhayavasini is the only purna peeth. Lakhs of devotees from every corner
of the country visit the vindhya region to have darshan of goddess vindhyawasini especially during
Charitra and shardiya Navratri.
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Thus, there has been felt a need to provide high level infrastructure facilities for devotees
and tourists visiting vindhya dham region by constituting a Vindhya Dham Teerth Vikas Parishad
to preserve develop and maintain the aesthetic quality of culture, ecological and architectural
heritage of Vindhyachal; to co-ordinate and monitor the implementation of schemes; and to
develop relevant policies for integrated tourism development, heritage preservation and
management in the region.
In view of the above, it has been decided to make a law to provide for the establishment of
Vindhya Dham Teerth Vikas Parishad.
The Uttar Pradesh Vindhya Dham Teerth Vikas Parishad Bill, 2021 is introduced
accordingly
By order
ATUL SRIVASTAVA
Pramukh sachiv