LexThe UTTAR PRADESH BHOOMI EVAM JAL SANRAKSHAN ADHINIYAM, 1963
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THE UTTAR PRADESH BHOOMI EVAM JAL SANRAKSHAN
ADHINIYAM, 19631
[U. P. Act No. XVI of 1963]
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
March 28, 1963 and by the Uttar Pradesh Legislative Council on April 10,
1963.
Received the assent of the President on May 23, 1963 under Article
201 of the Constitution of India and was published in the Uttar Pradesh
Gazette Extraordinary, dated May 29, 1963.]
Short title, and
commencement
AN
ACT
to amend and consolidate the law relating to the conservation and
improvement of soil and water resources in the Uttar Pradesh.
It is hereby enacted in the Fourteenth Year of the Republic of India
as follows :-
CHAPTER–I
Preliminary
1. (1) This Act may be called the Uttar Pradesh Bhoomi Evam Jal
Sanrakshan Adhiniyam, 1963.
(2) It shall come into force at once in the district mentioned in the
First Schedule. In the remaining districts2 it shall come into force such
date as the State Government may, by notification in the Gazette, appoint
in this behalf and different dates may be appointed for different districts.
1. For statement of objects and Reasons, see U. P. Gazette Extraordinary, dated 29 May 1963.
2. Districts mentioned in the Schedule of section 1 (sub-section 2)–
Sr. No. Name of Districts No. and date of Govt. Notification
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Agra
Fatehpur
Hamirpur
Jalaun
Jhansi
Mathura
Mirzapur
Pratapgarh
Sultanpur
Tehri Garhwal
Lucknow
Sitapur
Farrukhabad
Allahabad
Banda
Meerut
Varanasi
Kanpur
Uttar Kashi
Bulandshahar
U. P. Bhoomi Evam Jal Sanrakshan Adhiniyam 1963,
U. P. Act No. XVI of 1963.
No. H-4335/XII-1500/1963 dated Aug. 2, 1963 Vide
this notification Designation of D. S. G. O. became B. S.
A. of the 1st 16 districts noted in the Act.
No. H-5299/XII-B-1489/1963 dated Aug. 29, 1963.
No. H-334/XII-B-1141/62 dated March 11, 1964.
21. Dehradun No. H-1549/XII-B-1489/63 dated April 15, 1963.
22. Saharanpur
23. Muzaffarnagar
24. Etawah
25. Unnao
26. Ghazipur No. H-4594/XII-B dated September 22, 1964.
27. Azamgarh
28. Jaunpur
29. Rae Bareli
30. Aligarh
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
554
Definitions 2. In this Act, unless there is anything repugnant in the subject
or context—
(1) “beneficiary” in relation to any land benefited or likely to be
benefited by the execution of a plan means—
(a) in the case of land held by a bhumidhar or sirdar, such
bhumidhar or sirdar ; and
(b) in any other case, an owner, holder or occupier of the
land whom the Bhoomi Sanrakshan Adhikari, in view of the
nature of his interest in the land and the benefits or likely
benefits to the land from the execution of the plan, declares in
the prescribed manner to be the beneficiary, and includes the
successor-in-interest of a beneficiary ;
U. P. Act
No. XXXIII of
1961
(2) “ Bhoomi Sanrakshan Adhikari” means an officer appointed
under section 8 ;
(3) “Board” means the Bhoomi Evam Jal Sanrakshan Board
established under section 3;
(4) “Chairman” means the Chairman of the Board ;
(5) “Collector” except for the purposes of section 6, includes an
Additional Collector;
(6) “Commissioner” includes an Additional Commissioner ;
(7) “Director” means the Director of Agriculture, Uttar Pradesh,
and includes an Additional Director of Agriculture, Uttar Pradesh;
(8) “Khand” means any area specified as such by the State
Government under section 3 of the Uttar Pradesh Kshettra Samitis and
Zila Parishads Adhiniyam, 1961;
Continued from previous page.......
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
Mainpuri
Deoria
Gorakhpur
Basti
Gonda
Bahraich
Faizabad
Pauri Garhwal
Ballia
Bara Banki
Almora
Etah
Moradabad
Bareilly
Bijnor
Rampur
Shahjahanpur
Chamoli
Nainital
Pilibhit
Budaun
Hardoi
Lakhimpur Kheri
Pithoragarh
No. H-1476/XII-B-1500/63 dated May 25, 1967.
No. H-4594/XII-B dated September 22, 1964.
No. H-317/XII-B-1500/1963 dated March 21, 1967.
No. H-3636/XII-B-1500/1963 dated Nov. 27, 1968.
No. H-5885/XII-B-1228/69 dated Dec. 29, 1971.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
556
(9) “plan” means a plan prepared under this Act ;
(10) “prescribed” means prescribed by rules made under this Act ;
(11) “schedule” means a schedule to this Act ;
(12) “soil and water conservation” means reclamation,
maintenance and improvement of soil and water resources and includes
any of the measures mentioned in the second schedule ;
(13) “Secretary” means the Secretary of the Board ;
(14) “State” means the State of Uttar Pradesh ;
(15) “work” means any work carried out or to be carried out
under a plan and includes pasture or forest provided for or raised under the
plan ;
(16) “Zila Samiti” means the Zila Bhoomi Evam Jal Sanrakshan
Samiti established under section 6 ;
U. P. Act no. I
of 1951.
(17) The expressions “Bhumidhar” and “Sirdar” shall have the
meanings assigned to them in the Uttar Pradesh Zamindari Abolition
and Land Reforms Act, 1950.
CHAPTER-II
Administrative Machinery
Establishment
and
constitution
of the Board
3. (1) As soon as may be after the commencement of this Act,
there shall be established by the State Government, by notification in
the Gazette a Bhoomi Evam Jal Sanrakshan Board of the State.
(2) The Board shall consist of the following members :—
(a) the Minister-in-charge of the Agriculture department,
who shall also be the Chairman;
(b) not more than three of the Deputy Ministers and
Parliamentary Secretaries, to be appointed by the State
Government ;
(c) Secretary to the State Government in the Agriculture
department ;
(d) the Director of Agriculture, Uttar Pradesh, who shall also
be the Secretary ;
(e) four members of the Vidhan Sabha and two members of
the Vidhan Parishad to be closen by the Vidhan Sabha or the
Vidhan Parishad, as the case may be ;
(f) members not exceeding five, to be appointed by the State
Government ; and
(g) members not exceeding five, to be co-opted by the
members referred to in (a) to (f).
Term of
members
Functions
of Board
4. (1) The term of a member referred to in clause (f) or clause (g)
of sub-section (2) of section 3 shall be two years.
(2) When a member ceases to hold the office by virtue of which
he became eligible for the membership of the Board, he shall cease to
be such member.
5. The functions of the Board shall be—
(a) to lay down policies for soil and water conservation ;
(b) to devise ways and means for co-ordinating the work
under the plans and for eliminating the difficulties in relation
thereto ;
(c) to scrutinize the progress made under the plans ; and
(d) to perform such other functions as may be specified by
or under this Act.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
558
Establishment
and
constitution
of Zila Samitis
6. (1) There shall be established in the prescribed manner for
each district a Zila Bhoomi Evam Jal Sanrakshan Samiti.
(2) The Zila Samiti shall consist of—
(a) the Collector who shall also be the Chairman thereof ;
(b) the Adhyaksha of the Antarim Zila Parishad or Zila
Parishad;
(c) members of the Legislative Assembly whose constituen-
cies include any part of the district ;
(d) the officer-in-charge of the work of the Planning
Department in the District ;
(e) the District Agriculture Officer ;
(f) the Bhoomi Sanrakshan Adhikari, who shall also be the
Secretary of the Zila Samiti ;
(g) the Executive Engineers of the Irrigation Department
exercising jurisdiction in the district or any part thereof ;
(h) the Divisional Forest Officers exercising jurisdiction in
the district or any part thereof ;
(i) the Pramukhs of the Kshettra Samities in the district ;
and
(j) not more than one person interested in soil and water
conservation appointed by the Collector annually:
Provided that the member of the Legislative Assembly, an
Executive Engineer, a Divisional Forest Officer or a Pramukh shall have
a right of participation in only such proceedings of the Zila Samiti as
relate to a plan covering an area from which he was elected as a member
or in which he exercises jurisdiction as such Engineer, Officer or
Pramukh, as the case may be.
(3) Any dispute as to the membership or right of participation in
the proceedings of a Zila Samiti shall be decided by the Chairman
thereof whose decision in the matter shall be final.
Functions of
Zila Samiti 7. The functions of the Zila Samiti shall be—
(a) to take steps to educate people in soil and water
conservation;
(b) to direct the Bhoomi Sanrakshan Adhikari to make
survey, collect data and prepare plans for the district or any part
thereof and to perform functions incidental thereto ;
(c) to consider and approve the plans so prepared ;
(d) to take steps to ensure proper execution of the plans and
to watch the progress of work thereunder ;
(e) to make recommendations to the State Government for
securing efficient execution of the plans ;
(f) to carry out the directions issued by the State
Government from time to time with regard to a plan ; and
(g) to perform such other functions as may be specified by or
under this Act.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
560
Bhoomi
Sanrakshan
Adhikari
8. (1) The State Government shall appoint for every district a
Bhoomi Sanrakshan Adhikari :
Provided that one person may be appointed to be Bhoomi
Sanrakshan Adhikari for more than one district or more than one
person may be appointed to be Bhoomi Sanrakshan Adhikari in the
same district.
(2) The Bhoomi Sanrakshan Adhikari shall execute the plans and
perform such other functions as may be specified by or under this Act.
Preparation
of soil and
water
conservation
plan
CHAPTER–III
Preparation of soil and water conservation plan
9. (1) The Zila Samiti may, and if so directed by the State
Government shall, resolve that soil and water conservation be
undertaken in the district or any part thereof.
(2) On the resolution of the Zila Samiti under sub-section (1), the
Bhoomi Sanrakshan Adhikari shall prepare a draft plan setting out:-
(a) the extent and details of the area to be covered by the
plan ;
(b) the details about the proposed work ;
(c) the programme for the execution of the plan ;
(d) work to be carried out by a beneficiary at his own cost ;
(e) the ways and means for the execution of the plan, in
which the available government grant-in-aid shall also be taken
into consideration ;
(f) the agency or agencies through which the work shall be
executed ; and
(g) such other particulars as may be prescribed.
(3) In imposing liability on a beneficiary to carry out a work at
his own cost, the benefits or likely benefits to his land from that work
shall be taken into consideration.
Consideration
and approval
of the plan
10. (1) The draft plan shall be placed before the Zila Samiti
which shall consider the same and order its publication under sub-
sections (2) and (3).
(2) Upon the publication being ordered by the Zila Samiti, the
Bhoomi Sanrakshan Adhikari shall prepare a notice in the prescribed
form stating at what place and time the plan shall be open to inspection
by the public free of charge. The notice shall be published by affixation
at the offices of the Collector Bhoomi Sanrakshan Adhikari, Tahsildar
and Block Development Officers. It shall also be published by beat or
drum in the village or villages to which the draft plan relates.
(3) A copy of the draft plan shall be sent to the Krishi Evam
Utpadan Samiti of the Khand in which the work is to be carried out. The
Samiti shall consider the plan in a special meeting to be called for the
purpose and may, within thirty days of the receipt by it of the draft plan,
make such objections in writing to the Bhoomi Sanrakshan Adhikari as
it may deem necessary.
(4) On publication of the notice under sub-section (2) any person
likely to be affected by the plan may, within thirty days from the date of
publication by beat of drum, make objections in writing to the Zila
Bhoomi Sanrakshan Adhikari.
(5) If no objection is made under the foregoing provisions within
the time allowed, the plan as published shall become final.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
562
(6) If an objection is made under sub-section (3) or sub-section
(4) within the time allowed thereof the Bhoomi Sanrakshan Adhikari
shall hear the same in the prescribed manner and submit his report
together with the objections to the Zila Samiti.
(7) After considering the objections and report submitted under
sub-section (6) and any further report which it may require the Bhoomi
Sanrakshan Adhikari to submit, the Zila Samiti may approve the plan
with or without any modification and the plan so approved shall become
final.
Technical
aspect of the
plan.
11. (1) The Director or his appointee shall be present at every
meeting of the Zila Samiti in which an objection to a draft plan is under
consideration.
(2) Notwithstanding anything contained in sub-section (7) of
section 10, no modification affecting the technical aspect of the draft
plan shall be made by the Zila Samiti without the concurrence of the
Director or his appointee.
(3) Whether a modification affects the technical aspect of the
draft plan or not shall be decided by the Chairman of the Zila Samiti.
Publication of
the Plan.
Subsequent
changes and
correction of
errors in the
plan.
12. After the plan has become final, the Bhoomi Sanrakshan
Adhikari shall publish, in the prescribed manner, a general notice
intimating that the plan has become final and may be inspected by the
public free of charge at the place mentioned in the notice.
13. Notwithstanding anything contained in section 10—
(i) the Director may make such minor changes in the plan
as are at any stage necessitated by the changes that may occur
in the land due to any unforeseen circumstances :
Provided that no such change shall be made to the
prejudice of any beneficiary without allowing him an
opportunity of being heard ;
(ii) the Bhoomi Sanrakshan Adhikari may, if satisfied that
a clerical or arithmetical error exists in the plan, correct the
same in the prescribed manner, either on his motion or on the
application of an interested person.
Order for
taking
temporary
possession of
land.
CHAPTER–IV
Taking temporary possession of land and payment of
compensation
14. (1) If the Collector is satisfied that for the purposes of
executing a plan it is necessary that temporary possession of any land
should be taken, he may, by order, direct the Bhoomi Sanrakshan
Adhikari to take temporary possession thereof for such period, not
exceeding five years, as may be specified in the order.
(2) the Collector may, by order, extend, from time to time, the
period of temporary possession so, however, that the total period of
temporary possession shall in no case exceed ten years in all.
Explanation—For the purposes of this section “land” does not
include any land covered by a building of permanent character.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
564
Taking
possession of
land.
Compensation
for period of
possession.
15. The Bhoomi Sanrakshan Adhikari or any other officer
authorized by him in this behalf shall in pursuance of the order under
section 14 take temporary possession of the land :
Provided that possession shall not be taken without notifying
in the prescribed manner the date and intention of taking possession
at least fifteen days prior to such date.
16. (1) As soon as may be after the date of taking possession
of the land, the Collector shall make an inquiry and determine the
compensation payable for every year or part of the year during which
the land remains under such temporary possession and also the
person entitled thereto.
(2) For the purpose of determining compensation and the
person entitled there to, the Collector shall issue a general notice in
the prescribed form and manner requiring persons concerned to file
their claims in the prescribed manner by the date fixed in the notice.
Provided that the Collector may, for reasons to be recorded, ex-
tend such date.
Act no. V of
1908.
(3) The collector shall also fix a date for hearing of the claims
and shall on that date, or in case of the hearing being adjourned to
any other date on such other date, hear all the evidence that may be
produced by a claimant and he may take such other evidence as he
considers necessary.
(4) For the purpose of determining the compensation and the
persons entitled thereto, the collector shall have the same powers as
are vested in a court under the code of Civil Procedure, 1908 in
respect of the following matters namely—
(a) enforcing attendance of any person and examining a
person on oath or affirmation ;
(b) issuing commission for examination of any witness or
for local investigation ;
(c) compelling production of any document ;
(d) passing such interim orders as may be necessary in
the ends of justice.
(5) In determining the compensation regard shall be had to—
(a) the average net annual income from the land derived
during the three years immediately preceding the date of
temporary possession being taken and in the case of land
having no such income, the average net annual income, if any,
from similar land in the locality derived during that period ;
(b) the damage, if any, sustained by the person as a result
of dispossession ;
(c) the damage, if any, caused or likely to be caused to the
land ; and
(d) such other factors as may appear to the Collector to be
relevant for the purposes of such determination.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
566
(6) Any person aggrieved by a determination made under sub-
section (1) may, within thirty days from the date of such determination,
file an appeal before the Commissioner, who may pass such orders
thereon as he deems fit.
(7) The Commissioner may entertain an appeal after the expiry of
the said period of thirty days, if he is satisfied that there was sufficient
cause for not preferring the appeal within that period.
(8) The compensation so determined shall be paid in cash in
yearly installments to the person found entitled thereto under this
section and such payment shall be a final and full discharge of the State
Government and its officers from all liability to pay compensation for the
period covered by the payment, but shall not prejudice the right of any
other person to compensation which he may be entitled by due process
of law to enforce against the person to whom payment has been made
under this Act.
Restoration
of possession 17. (1) When the temporary possession has to be removed from
the land and in any case before the expiry of the period fixed for
temporary possession, the Collector shall, after making inquiry in the
prescribed manner, by order in writing—
(a) determine the person to whom the possession is to be
restored; and
(b) declare that possession of the land shall be restored to him on
such date as may be specified in the order.
(2) On the date specified in the said order possession of the land
shall be deemed to have been delivered to the person mentioned therein.
(3) The delivery of possession under sub-section (2) shall be a
final and full discharge of the State Government and its officers from all
liabilities in respect of such delivery but shall not prejudice any right in
respect of the land which any other person may be entitled, by due
process of law, to enforce against the person to whom the possession of
the land has been so delivered.
Directions to
execute
work.
CHAPTER–V
Execution of the plan
18. (1) The Bhoomi Sanrakshan Adhikari may, by notice,
require any beneficiary to carry out at his own cost any work which
under this plan is to be carried out by the beneficiary at his own cost, in
the manner and within the period mentioned in the notice.
(2) Where a beneficiary intimates in writing to the Bhoomi
Sanrakshan Adhikari that he is unable to carry out the work within the
time aforesaid or if the work is not carried out to the satisfaction of the
Bhoomi Sanrakshan Adhikari by the date fixed in that behalf or within
such further time as he may allow, the Bhoomi Sanrakshan Adhikari
shall get the work carried out and, subject to the provisions prescribed
in this behalf, recover the expenses incurred from the beneficiary as
arrears of land revenue.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
568
(3) Notwithstanding anything contained in sub-section (1) and
(2) where the Collector is of the view that it will be in the interest of the
general public to have a work carried out by the Bhoomi Sanrakshan
Adhikari, he may direct the said officer to carry out the work and the
costs of such work shall, subject to the provisions prescribed in this
behalf, be recovered by the Bhoomi Sanrakshan Adhikari as arrears of
land revenue from the beneficiary or from the beneficiaries in such
proportion, as the Collector may fix after taking into consideration the
benefits or likely benefits to the land of each beneficiary from that work
and other relevant matters.
(4) If the costs are not paid by the beneficiary or beneficiaries
within the prescribed time, such beneficiary or beneficiaries shall also
be liable to pay such interest thereon as may be prescribed.
Bhoomi
Sanrakshan
Adhikari to
make progress
report.
Entry of rights
and liabilities
in revenue
records.
19. (1) The Bhoomi Sanrakshan Adhikari shall report to the
Zila Samiti in such form and at such intervals, as may be prescribed,
the progress made in the execution of plans.
(2) A copy of the progress report shall also be forwarded to the
Director of Agriculture or his appointee.
(3) the Director shall submit a quarterly report on the progress
of the plans to the Board.
20. The Bhoomi Sanrakshan Adhikari shall on completion of
the work under a plan, prepare a statement in the prescribed from
showing therein the rights and liabilities of the beneficiaries and shall
forward the statement to the Collector who shall on the basis of the
statement get the entries made in the relevant village records and
maps maintained by the Revenue Department.
Discharge of
liabilities. 21. (1) It shall be the duty of the beneficiary—
(a) to maintain and keep in repair at his cost a work as required
by the plan; and
(b) to discharge other liabilities imposed upon him under the
plan.
(2) Where a beneficiary fails to maintain or repair the work or
discharge a liabilities as required by sub-section (1) the Collector may
cause the work to be maintained or repaired and liability to be
discharged and shall recover from the beneficiary as arrears of land
revenue, the cost of such maintenance repair or discharge.
Prevention of
action
prejudicial to
soil and water
conservation.
CHAPTER–VI
Preventive action and penalties
22. (1) Any person who does any act on any land which is
prejudicial to the interest of soil and water conservation shall be given
notice by the Collector to show cause as to why orders prohibiting him
from doing that act should not be passed.
(2) On receipt of such notice the person shall suspend the act
and the same shall remain suspended till notice is discharged.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
570
Penalties
(3) The person on whom the notice is served may, within thirty
days of its receipt file objection before the Collector.
(4) The Collector shall dispose of the objections after allowing
the objector an opportunity of being heard. In case the objection is
allowed, the Collector shall discharge the notice. Otherwise he shall
pass an order prohibiting the person from doing the act.
(5) Any person aggrieved by an order of the Collector under
sub-section (4) may, within thirty days of the order file an appeal
before the Commissioner of the division whose decision thereon shall
be final.
23. Any person who without proper authority damages or
obstructs any work under a plan or contravenes any of the provisions
of this Act or any rule or order made thereunder, shall, on conviction,
be liable to imprisonment for a period not exceeding three months or
to a fine not exceeding Rs. 500 or to both and where the offence is a
continuing one to further fine which shall not be less than Rs. 25 for
every day during which the offence continues after the date of the first
conviction.
Proceedings
under the Act.
Vacancy or
defect in
constitution not
to invalidate
proceeding
Decision by
majority.
CHAPTER–VII
Miscellaneous
24. A proceeding under this Act before a Bhoomi Sanrakshan
Adhikari or a Collector or a Commissioner shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228 of the
Indian Penal Code and also for the purposes of section 196 of the said
Code.
25. No act or proceeding of the Board or a Zila Samiti shall be
invalid by reason merely of the existence of any vacancy in or defect in
the constitution of the Board or the Zila Samiti.
26. If there is a difference of opinion amongst the members of
the Board or a Zila Samiti regarding any question the decision of the
majority of the members present and voting shall prevail and in case
of equality of votes, the Chairman of the Board or the Zila Samiti, as
the case may be shall also have a casting vote.
Power to enter,
etc.
Registration of
documents.
Act no. XVI of
1908.
Public access to
documents and
maps.
27. For the purposes of preparation or execution of a plan or
repairing or maintaining any work under a plan, the Bhoomi
Sanrakshan Adhikari and any person generally or specially authorized
by him in this behalf may enter upon, survey and mark out any land
and do all acts necessary for such purposes.
28. Nothing in the Indian Registration Act, 1908 shall be
deemed to require the registration of any document or map forming
part of a plan prepared under this Act.
29. Subject to the rules made in this respect, public shall have
access to all documents and maps pertaining to a plan and copies
thereof shall be furnished to any person applying on payment of the
prescribed fee.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
572
Determinations
and orders to
be final
Suit or legal
proceeding not
to lie for acts
done in good
faith.
Provisions of
this Act to
prevail
Power to make
rules.
30. Save as otherwise provided by or under this Act, any
determination or order made in pursuance of the provisions of this Act
or the rules made thereunder shall be final and shall not be questioned
in any court of law.
31. No suit or legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in
pursuance of any provisions of his Act or of any rule or order made
thereunder.
32. The provisions of the Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force.
33. (1) The State Government may, by notification in the
Gazette, make rules for the purposes of carrying into effect the
provisions of
this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the procedure for and the manner of declaring a person
to be a beneficiary ;
(b) matters relating to the establishment and constitution of
the Board and Zila Samitis;
(c) the procedure (including quorum) for the conduct of
business by the Board and Zila Samitis;
(d) appointment and functions of Bhoomi Sanrakshan
Adhikari and allocation of business to Bhoomi Sanrakshan
Adhikari in the same district;
(e) the particulars to be set out in the draft plan;
(f) the manner of notifying the intention and date of taking
temporary possession;
(g) the manner of inquiry for determining compensation;
payable for the land of which temporary possession has been
taken and the persons entitled thereto ;
(h) the time within which the costs of work carried out by
the Bhoomi Sanrakshan Adhikari shall be paid by the beneficiary
and the interest on such costs;
(i) the form at which and the intervals at which progress
report shall be submitted by a Bhoomi Sanrakshan Adhikari ;
(j) the form of statement of rights and liabilities of the
beneficiaries;
(k) the statements, returns, registers and other records
required to be maintained by or under this Act;
(l) the form and manner of service or publication of notices
under this Act or the rules made thereunder ;
(m) filing and disposal of objections and appeals under this
Act and the procedure to be followed in regard thereto ;
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
574
(n) the duties of any officer or authority having jurisdiction
under this act the procedure to be followed by such officer or
authority ; and
(o) other matters which are to be or may 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 Legislature while it
is in session for a total period of fourteen days extending 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
House of the Legislative may agree to make ; so, however, that any such
modification or annulment shall be without prejudice to the validity if
anything previously done there under.
Repeal of
U. P. Act
no. XI of
1954
34. (1) The Uttar Pradesh Soil Conservation Act, 1954 is hereby
repealed.
(2) A plan confirmed under section 15 of the said Act shall be
deemed to be a plan which has become final under this Act and a
general notice thereof shall be published as required by section 12. A
plan prepared under the former Act and not so confirmed shall be
deemed to be a draft plan prepared under section 9 of this Act and shall
be proceeded with accordingly.
Removal of
difficulties 35. (1) Where any difficulty arises in relation to the transition
from the provisions of the Uttar Pradesh Soil Conservation Act, 1954, to
the provisions of this Act, the State Government may, for the purpose of
facilitating such transition, direct, by an order notified in the Gazette
that the provisions of this Act shall, for a limited period specified in the
order, have effect subject to such modifications, as may be so specified.
(2) No order shall be made under this section after the expiration
of two years from the date of commencement of this Act.
(3) An order made under this section shall be laid before both the
Houses of the Legislature, as soon as may be after it is made.
FIRST SCHEDULE
[See Section 1(2)]
Sl. Names of
No. the districts
Sl. Names of
No the districts
1 Agra.
2 Fatehpur.
3 Hamirpur.
4 Jalaun.
5 Jhansi.
6 Mathura.
7 Mirzapur.
8 Pratapgarh.
9 Sultanpur.
10 Tehri-Garhwal.
11 Lucknow.
12 Sitapur.
13 Farrukhabad.
14 Allahabad.
15 Banda.
16 Meerut.
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
576
SECOND SCHEDULE
[See Section 2 (12)]
Measures Relating To Soil And Water Conservation
1. Measures against wind erosion and water erosion (sheet
erosion, gully and ravine formation, bank-cutting and floods), such as:
(a) construction of mends, dauls, and bundhis and planting
of munja, sarkanda or other soil-binding grasses or plants
thereon;
(b) leveling of the land;
(c) contour cultivation;
(d) prohibition of deep cultivation by tractors in areas
subject to erosion;
(e) prohibition from growing row crops;
(f) strip cropping;
(g) growing of quick-maturing leguminous crops and other
close growing crops rainy season ;
(h) green maturing and application of bulky organic
manures,
e. g. compost, farmyard manure, etc.
(i) retirement of any land from cultivation if its continuance
under agriculture is prejudicial to that land or some other land;
(j) control on grazing ;
(k) afforestation or planting of fruit trees or raising of
pasture on any land for its protection from erosion or for the
protection of any other land;
(l) planting of trees or shrubs to serve as wind-breaks;
(m) control on the felling or lopping of trees or clearance of
bushes ;
(n) prevention from breaking of marginal and sub-marginal
lands for cultivation purposes.
2. Measures against water-logging and impended drainage
such as—
(a) conversion of water-logged areas into ponds;
(b) opening of drainage cuts;
(c) pumping out sub-soil water;
(d) increasing the number of culverts and aqueducts or
widening the existing ones along railway, canal or road
embankments.
3. Measures for improving bhur (sandy) soils such as;
(a) construction of mends, dauls and bundhis and planting
of munja sarkanda or other soil-binding grasses or plants
thereon ;
(b) leveling of the land ;
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963]
578
(c) prohibition of deep cultivation by tractors;
(d) growing of leguminous crops;
(e) green manuring and application of bulky organic
manure, e. g. compost, farmyard manure, etc.
(f) control on grazing.
4. Measures for prevention of ‘usar’ formation and reclamation of
‘usar’ lands. such as :
(a) drainage of both surface and sub-soil water where the
water-table is high ;
(b) construction of bundhis and impounding of rain and
canal water in places where the water-table is low with a view to
washing down the injurious salts ;
(c) providing drainage cuts where there is water-logging; and
(d) application of gypsum.
5. Maintenance and repair of workers conducive to soil and
water conservation, whether these works may have been executed under
the plan or otherwise.
6. Such other measures as may be prescribed.