LexThe UTTAR RPADESH AREA DEVELOPMENT ACT, 1976
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act
282
THE UTTAR PRADESH AREA DEVELOPMENT ACT, 19761
[U. P. Act No. 51 OF 1976]
Amended by
U. P. Act no. 04 of 1987
U. P. Act no. 27 of 1989
U. P. Act no. 32 of 2007
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
November 2, 1976 and by the Uttar Pradesh Legislative Council on
November 8, 1976.
Received the assent of the Governor on November 20, 1976
under Article 200 of the Constitution of India and was published in the
Uttar Pradesh Gazette, Extraordinary dated November 23, 1976.]
AN
ACT
to provide for matters connected with the comprehensive
development of command areas covered by irrigation projects or any other
areas and for establishment of corporate bodies for that purpose.
It is hereby enacted in the Twenty -seventh Year of the Republ ic
of India as follows—
Short title,
extent and
commen-
cement.
Definitions
1. (1) This Act may be called the Uttar Pradesh Area
Development Act, 1976.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government
may by notification appoint in this behalf, and different dates may be
appointed for different provisions of this Act and for different areas.
2. In this Act—
(a) “agricultural development” means any work undertaken
for the development of any agricultural land or for raising
agricultural production, and includes drainage, ground -water
development and soil conservation ;
(b) “agricultural production” include production of
agriculture, horticulture, pisciculture, forestry, sericulture, b ee-
keeping, dairy farming, piggery and poultry farming, and also
includes such other types of production as are notified by the
state Government as ancillary or incidental thereto ;
(c) “authority” means an Area development Authority
established under section 3 ;
(d) “chairman” means the Chairman of the authority ;
(e) “command area” in relation to an irrigation project,
means an area which for purposes of irrigation can be
commanded thr ough the irrigation prefect and the limits of
which are notified by the State Government ;
——————————————————————————————————————————
1. For S.O.R. see Uttar Pradesh Gazette Extraordinary, dated November 23, 1976.
[The Uttar Pradesh Area Development Act, 1976]
284
(f) “cost of works” means all costs, charges and expenses as
estimated by the Authority, and which the Authority may have to
incur on, or in connection with, execution of the works, and
includes, any other charges or fees as may be prescribed ; and
also inclu des all expenses which may be incurred by the
Authority in recovery thereof ;
(g) “district committee” means the district committee
established under section 18 ;
(h) “ineligible person” means a person not eligible for
ordinary land development loans and b elonging to any of the
following categories :—
(i) Farmer without any valid title ;
(ii) illegal occupant ;
(iii) minor ;
(iv) land -holder unable to get institutional finance
because of heavy indebtedness to institutional sources
which are to be clear ed before obtaining finance for further
capital investment ;
(v) rural artisan ; or
(vi) agricultural laborers ;
(i) “land development” means any of the following works,
namely :—
(i) construction, renovation, redesigning, realigning and
lining of water courses ;
(ii) land leveling and land shaping, including realignment
of field boundaries ;
(iii) digging of drop structures, culverts, and farm roads
in the fields boundaries ;
(iv) providing of drop structures, culverts, and farm roads in
the fields ;
(v) land reclamation by use of engineering, biological and
chemical measures, including leaching ;
(vi) contour bunding and nala bunding ;
(vii) growing if trees, plants, shrubs and grasses ;
(viii) development of permanent and temporary pastures,
farm forestry and commercial afforestation ;
(ix) such other works as may be necessary or incidental
to development of land or ground or flow water potential and
for optimizing the utilization of land and water resources ;
and
(x) repairing and maintenance of any of the foregoing works ;
(j) “land holder” means a person in actual possession of the
land, whether as an owner or a tenant or sub -tenant or as
mortgagee in possession or licensee or otherwise, and includes
person who is likely to be benefited by la nd development and the
expression “land holding” shall be construed accordingly ;
[The Uttar Pradesh Area Development Act, 1976]
286
(k) “ordinary loan” means a loan granted by a bank or any
financing institution to a land holder against mortgage of land
or any other security;
(l) “outlet command” means an area served for irrigation
purposes by a particular outlet as specified by the Authority;
(m) “plan” means a plan prepared by the Authority under
section 14 ;
(n) “project” means a project of or scheme of land
development ;
(o) “project administrator” means an officer appointed as
such by the state Government by notification ;
(p) “project director” means such officer as may be
nominated by the Authority and shall also include such other
officer or officers as may be authorized by the Authority to
exercise the powers and discharge the duties of a project
Director;
(q) “Proportionate cost of works” means cost of work
recoverable from a land holder in proportion to the extent of
works to be done on or for the benefit of his land holding ;
(r) “record of rights” has the same meaning as in the U. P.
Land Revenue Act, 1901;
(s) “secretary” means Secretary of the authority ;
(t) “small farmer” “marginal farmer”, “agriculture labo urer”
and “village artisans” means persons defined as such by
notification by the state Government from time to time ;
(u) “special loan” means a l oan granted by the Authority to
an ineligible person ;
(v) “works” includes any work relating to land development
to be executed under a project under this Act.
Establishment
of command
area
development
authority
3. (1) The State Government may by notifi cation establish an
Area development authority for such area as may be notified :
Provided that for every command area of an irrigation project,
there shall be a separate area development Authority :
Provided further that the State Government may by notification
extend the jurisdiction of an Authority referred to in the preceding
proviso to any area, specified in the notification, lying outside the
command area for purposes of such of the provisions of this Act as
may be notified.
(2) The Area Development authority shall be a body corporate,
and be deemed for all purposes to be a local authority.
(3) The authority shall have its head office at the place to be
specified in the notification of its establishment.
[The Uttar Pradesh Area Development Act, 1976]
288
Constitution
of Authority
4. (1) The Authority shall consist of the following :–
(a) project administrator who shall be the chairman ;
[aa) in order to ensure public participation any two of the
non-official members having interest and experience in the
development of command area ma y be appointed Vice -Chairman
by the State Government.]1
(b) an officer nominated by the Agricultural Production
Commissioner, not below five officials of the state Government ;
[(bb) the Collectors of the Districts falling in the Area].2
(c) not more than five officials of the State government ;
(d) one representative of the Central Government nominated
by that Government ;
(e) one member to be nominated by the State government to
represent banks and financing institutions ;
(f) one member having special knowledge or practical
experience by the State Government ;
(g) not more than four members nominated by the state
government from amongst land holders of the relevant area, two
of whom shall be so nominated from the weaker sectio ns of that
area, and the other two shall be from amongst the small farmers
of that area.
(2) Project Administrator shall nominate one of the Additional,
Joint or deputy Project Administrators to be secretary of the Authority.
(3) Any member of the Authority, other than ex-officio member,
shall hold office for three years, unless his term is determined earlier by
the State Government by notification.
Constitution
of committee
etc.
5. (1) The Authority may constitute standing or ad-hoc
committee consisting either wholly of members of the authority and
partly of other Persons, for any purpose or purpose consistent with the
provisions of this act, to assist the Authority in the discharge of its
functions.
(2) The terms and conditions of t he non-official members of the
committee or committees constituted under sub -section (1) shall be
such as may be notified.
(3) The committee or committees shall perform such functions
as may be entrusted to them by the Authority from time to time.
Meeting
Share capital
and share
holder
6. (1) The procedure for meetings of the Authority including the
quorum to constitute a meeting, shall be such as may be laid down in
regulations.
(2) The Authority may invite any person to attend the meeting of
the authority for the purpose of assisting or advising it on any matter,
and the person so invited may take part in any proceedings of the
Authority but shall have no right to vote.
7. (1) The authorized capital of the Authority shall be ten crores
of rupees divided into ten thousand shares of ten thousand rupees
each, of which two thousand fully paid up shares of ten thousand
rupees each, shall be issued in the first instance, and the remaining
shares, may, with the prior sanction of the state Gove rnment, be issued
from time to time by the Authority as and when the Authority may
deem fit.
——————————————————————————————————————————
1 Ins. by s. 2 of U.P. Act No. 32 of 2007.
2. Ins. by s. 2 of U.P. Act No. 4 of 1987.
[The Uttar Pradesh Area Development Act, 1976]
290
(2) The State Government and the Central Government shall
subscribe, in such proportion as may be mutually determined by
them, to the share capital to be issued in the first instance.
(3) Subsequent issues of share capital may be subscribed to by
the state Government and the Central government in such proportion
as may be mutually determined.
(4) The start Government may from time to time increase the
authorized capital of the Authority to such extent as the state
Government may deem necessary.
Appointment of
employees
8. (1) The Authority may appoint such employees as it
considers necessary and on such terms and conditions as it thinks fit
for the efficient performance of its functions :
Provided that the appointment of such employees as the State
Government may by general or special order specify shall be made and
their terms and conditions shall be determined with the approval of
the state Government.
(2) Subject to the general control and direction of the
Chairman, the supervision and control over all employees of the
authority shall vest in the Secretary.
Authentication
of orders and
other
instruments of
the Authority
Acts not to be
invalidated by
informality or
vacancy
9. All proceedings of the meetings of the Authority shall be
authenticated by the signature of the Chairman and all orders and
other instruments of Authority shall be authenticated by signatures of
the Secretary or such other officer of the Authority as may be
authorized in this behalf by regulations.
10. No Act done or proceedings taken under this Act by the
Authority or a committee appointed by the Authority shall be
invalidated merely on the ground of,–
(a) Vacancy or defect in the constitution of the authority or
any committee thereof, or
(b) any defect or irregularity in such act or proceedings
not affecting the substance.
(e) any defect or irregularity in such ac t or proceedings
not affecting the Substance.
Functions of
the Authority
11. The functions of the Authority shall be the following namely :–
(1) to formulate plans for the integrated area and agricultural
development of the territory within its area of operation ;
(2) treating the entire area under every outlet command as a
single unit, to develop it according to topographical and hydrological
requirements in the interest of efficient farming ;
(3) to survey the land, water recourses, agricultural production
and the like as may be necessary for the formulation of such plans ;
(4) to submit such plans showing their phasing both area -wise
and work-wise to State Government for approval ;
(5) to implement such plans after their approval by the State
Government ;
(6) to perform such other functions as may be prescribed or as
may be entrusted it by the state Government.
[The Uttar Pradesh Area Development Act, 1976]
292
Powers of
the
Authority
12. The Authority shall have the following powers, namely :—
(1) to carry out surveys of the land, water resources, agriculture
production and the like as may be considered necessary by the
Authority for formulation of the plans ;
(2) to require any state Go vernment department, local body or
corporate body to assist in the formulation of a plan, including survey
for its formulation, and to call for records and documents from any
State government department, local body, corporate body or any
individual for the purpose of such survey or formulation of plan ;
(3) to take all measures necessary for implementation of the
approved plan, including the following :—
(a) construction, improvement, maintenance or operation of
the irrigation system ;
(b) development and maintenance of the main and subsidiary
drainage systems ;
(c) ensuring of efficient maintenance of the field channels and
field drains by the farmers ;
(d) measures for land development, either on its own or
though other agencies ;
(e) enforcing an appropriate system of distribution and
regulation of water supply, including osrabandi ;
(f) development and control of ground water resources and
ensuring its conjunctive use align with surface irrigation both for
control of ground water and augmenting irrigation water ;
(g) selection, introduction and enforcing of suitable cropping
pattern ;
(h) localization and devocalization of lands for various crops ;
(i) ensuing supplies of all inputs and services ;
(j) arranging ordinary loans for land -holders, agricultural
labourers and village artisans in the command areas, and
granting of special loans to them, and their recovery ;
(k) development of marketing, processing and storage
facilities ;
(l) development of subsidiary activities in the fields of animal
husbandry, dairy, poultry farm, forestry, fisheries and
horticulture ;
(m) organizing agricultural co-operative and associations,
(n) construction of roads ;
(o) promotion and setting up of rural growth centers for
integrated area development ;
(p) agriculture extension services, including training of
farmers, artisans, field research on experimental stations and
farms and farmers service societies ;
(q) promotion and development of small and marginal farmers
agriculture labourers and village artisans.
[The Uttar Pradesh Area Development Act, 1976]
294
(4) to acquire and hold such movable and immovable3 property as
it may deem necessary, and subject to such limitations as may be
prescribed, lease, sell or otherwise transfer such property ;
(5) to borrow money in the open market by issuing bonds and
debentures and other securities carrying interest ;
(6) to borrow money and accept deposits from the central
Government, the State Government, any bank or financing institution
and, with the approval of the state Government, from a corporate body
or from any other persons ;
(7) to levy such fees dues and other charges as are considered
necessary to recover the cost of providing irrigation water and various service ;
(8) to carry on the activities of marketing, processing or storage of
any agricultural produce, seeds, fertilizers, pesticides or any cottage
industry along with or to the exclusion of others ;
(9) to do such other acts as may be provided for by or under this act ;
(10) to do any other act not inconsistent with the provision of this
Act as may be prescribed.
Guarantee by
the State
Government
Plan
13. The State government may guarantee the bonds and
debentures and other securities issued by the authority and the loans
and deposits raised by the authority as to the repayment of principal
and payment of interest thereon and incidental charges.
14. (1) Every plan shall be prepared by the Authority and
submitted to the State Government in such manner, and in such form
as may be prescribed and shall, alongwith other such particulars as
may be prescribed, contain the following details—
(i) the area to be covered by the plan ;
(ii) the work or works to be executed ;
(iii) the phasing of the plan, both area-wise and work-wise ;
(iv) the cost involved in the plan as well as in each phase
thereof ;
(v) the departments or other agencies at present carrying out
such work ;
(vi) the staff of the Government departments or local bodies or
other staff whose services shall be required by the authority for
implementation of the plan ;
(vii) the charges or dues to e levied on the beneficiaries ;and
(viii) the betterment fee to be levied under section 27.
(2) the authority may prepare separate land development projects
and plans in respect of different areas or different works or include any
other existing plan, proje ct or scheme in the plan prepared under the
provisions of this Act.
Approval of
plan
15. The State Government may, by notification, either approve
the plan or any phase thereof with or without any modification.
[The Uttar Pradesh Area Development Act, 1976]
296
Consequences
of notification
16. On the approval of the plan or any phase thereof by the
state Government under section 15 (which in its approved from shall
be called the approval plan) the following consequences shall ensue,
namely :—
(a) the State Government may require any statutory body
or any corporate body controlled by the State Government,
functioning within the area of the operation of the approved
plan to follow the directions of the Authority and such body
shall thereupon follow such directions in respect of such
matters as are specified in the approved plan ;
(b) all development plans relating to agricultural
development drawn by any State Government department or
any local authority or any statutory body or any corporation
controlled by the State Government shall be intimated to the
Authority and shall be exec uted with its approval and subject
to such modifications or changes, if any, as suggested by the
Authority and also subject to such directions as may be given
buy the Authority ;
(c) the Authority shall be deemed to be empowered to take
all necessary ac tion for implementation of the approved plan,
including levy of betterment fee, cost of works and other
charges and in particular, to give directions to any land holder
with regard to the following matters, namely :—
(i) the manner in which cultivation is to be carried out ;
(ii) the crops which are to be raised and the rotation of
such crops ;
(iii) the manner of carrying on any other agricultural
production ;
(iv) the application and use of various inputs for
agricultural production such as, seeds, pest icides,
manures, fertilizers, fingerlings’ fodder, poultry feed, and
such other items as may be provided by regulations ;
(v) provision for field channels for carrying water for
purposes of irrigation ;
(vi) provision for drainage ;
(vii) location of wells, tube -wells, pumps and other
sources of irrigation ;
(viii) erection and removal of fences over lands ;
(ix) provision of pastures ;
(x) submission of returns within such time and in such
manner as may be provided by regulations containing a
true acc urate statement regarding the following matters,
namely :—
(a) area of land cultivated by him, the classification of
such land, his interest therein and encumbrances on
such land, if any ;
(b) the nature and quantity of agricultural production
raised by him ;
(c) any other matter which may be provided by
regulations; and
[The Uttar Pradesh Area Development Act, 1976]
298
Land Develop-
ment
(xi) such other matters as may be provided by regulations ;
(d) the State G overnment shall review the implementation
of the approved plan periodically.
17. (1) The Authority may either require the land holders
concerned to carry out the land development as specified in the
approved plan, or in its discretion, itself carry out such work on their
behalf and recover the proportionate cost of works from the
beneficiaries.
(2) Where the authority chooses to carry out the land
development itself as provided in sub-section (1), the land development
to carried out shall be deemed to have been done with the consent of
the land holders for whose benefit the same is intended.
(3) The proportionate cost of works livable from each land
holder, as certified by the authority, shall be a charge on the land of that
land holder.
(4) In order to provide for the physical planning the Project
Director shall have the power to effect realignment of field boundaries
and to proportionately reduce the area of land held by the land holders
in the outlet command, or any other project area.
(5) The realignment and change in the land holdings so made
shall have effect notwithstandi ng any thing inconsistent therewith
contained in any other enactment and shall be duly mutated in the
record-of-rights.
District
Committees
18. (1) The authority shall by notification establish a District
Committee for each district.
(2) The District Committee shall consist of the following :—
(a) Collector … … ex officio Chairman
(b) Project Director … … ex officio Secretary
(c) such other officers not exceeding Members
Five in number as the Authority may specify.
Meeting of the
District
Committee
Functions and
duties of the
District
Committees
Functions of
the Project
Director
19. The meetings of the District Committees shall be held in
such manner and shall be governed by such procedure as may be laid
down in the regulations.
20. The District committees shall perform such duties and
functions and exercise such powers as may be laid down by the
regulations or as may be entrusted to it by the Authority.
21. Subject to the provisions of any regulations or any
directions given by the authority, the Project doctor shall be in overall
and immediate charge of implementation of project or projects for land
development or any other project which the authority may entrust
under the approved plan.
Dissolution of
Chak Sabhas
and
consequences1
1[22. (1) With effect from September 16, 1989 all Chak Sabhas
and Chak Samitis constituted respectively under sections 22 and 23
as those sections stood immediately before the said date shall stand
dissolved and thereupon :–
(a) all works constructed for land development of outlet
command and other immovable property belonging to the Chak
Sabha shall devolve upon and vest in the Gan Sabha withn the
territorial limits whereof such works and other immovable
property are situated;
——————————————————————————————————————————
1. Subs. By s. 4 of U.P. Act No. 27 of 1989.
[The Uttar Pradesh Area Development Act, 1976]
300
(b) all movable property and assets, and all rights
liabilities and obligations of a Chak Sabha whether
contractual or otherwise shall devolve upon such Gaon Sabha
as the State Government may by notification, specify.
(2) Any doubts or dispute in respect of the devolution referred
to in sub-section (1) shall be referred to the State Government whose
decision thereon shall be final.
Explanation.– In this section and section 23 and 24 ‘‘Gaon
Sabha’’ means a Gaon Sabha established under the U.P. Panchayat
Raj Act, 1947.]1
Jal Pra bandh
Samiti
[23. For the management of works constructed for land
development and other properties devolving on a Gaon Sabha under
section 22 and the maintenance of the outlet system, carrying out
osarabandi and implementation of physical works of land development
and cropping pattern in the outlet command fallng within the territorial
jurisdiction of a Gaon Sabha, there shall be constituted a Jal Prabandh
Samiti in the manner prescribed in rules made under section 110 of the
U.P. Panchayat Raj Act, 1947.]1
1Powers,
functions and
duties of Jal
Prabandh
Samiti
[24. (1) Without prejudice to the provision of section 23, the
powers, functions and duties of Jal Prabandh Samiti shall be such as
may be prescrib ed in rules made under section 110 of the U.P.
Panchayat Raj Act, 1947.
(2) Notwithstanding anything contained in the U.P. Panchayat
Raj Act, 1947 the powers, functions and duties referred to in sub -
section (1) and in section 23 shall be deemed to be the powers, functions
and duties of the Gaon Panchayat under the said Act.]1
Execution
and
registration
of contract,
etc.
Property, Contract, Finance, Accounts and Audit
25. Every contract or assurance of property on behalf of the
Authority shall be in writhing and be executed by such authority and in
such manner as may be provided by regulations.
Authority’s
Funds
26. (1) The Authority shall have its own fund to be call ed the
‘Project Fund’ which shall be deemed to be a local fund and to which
shall be credited all moneys received otherwise then by way of loans by
or on behalf of the Authority.
(2) The authority shall also have another fund to be called the
‘Loan Fund’ which shall also be deemed to be a local fund and to which
shall be credited all moneys received by or on behalf of the Authority by
way of loans.
(3) Without prejudice to the pro visions of sub -sections (1) and
(2), the Authority may, with the previous approval of the state
Government, institute such other funds as may be necessary for the
efficient performance of its functions under this Act.
Betterment
fee
27. (1) the authority while framing a plan m ay declare t hat
betterment fee shall be levied in relation to area of land held by land
holders in its area of jurisdiction in lieu of the benefits that the land
holders will reap, directly or indirectly, through the execution of the
plan, either by way of improvement and stabilization of the
infrastructure or improvement in irrigation facilities or in communica -
tions and other services.
(2) The betterment fee shall be assessed in such manner as may
be prescribed.
——————————————————————————————————————————
1. Ss. 22, 23 and 24 subs. By s. 4 of U.P. Act No. 27 of 1989
[The Uttar Pradesh Area Development Act, 1976]
302
Grant and
subventions
to the
Authority
28. (1) The State Government may, after due appropriation by
law by the state Legislature, from time to time, make grants and
subventions to the Authority for the purposes of this act on such terms
and conditions as the state Government may determine.
(2) Th e State Government shall not make any subventions,
grants and loans to any Board or any other body or individual for any of
the purposes included in the approved plan, except through the Authority.
Loans to the
authority
Power to the
authority to
borrow
29. The state Government may, from time to time, advance
loans to the Authority, on such terms and conditions not inconsistent
with the provisions of this act as the State Government and the
Authority may agree upon.
30. (1) stock or bonds issued by t he Authority shall be issued,
transferred, dealt with and redeemed in such manner as the State
Government may by general or special order direct.
(2) The Authority may advance any part of such borrowings to
any other body for the performance of functions s pecified in the act on
such terms and conditions as the Authority may determine.
Depreciation
Reserve
Accounts and
audit
31. The Authority shall create a depreciation reserve and make
annual provision therefor in accordance with the principles as may b e
prescribed.
32. (1) The Authority shall before the commencement of and
may at any time during a financial year, prepare a statement or a
supplementary statement, as the case may be, of programme of its
activities during the year as well as financial estimates in respect thereof
and the same shall be submitted to the State Government in such
manner, in such form and by such dates as the State Government may
by general or special order direct, for the previous ap proval of the State
Government :
Provided that in the event o f such previous approval not being
received before the commencement of the financial year for which such
financial statement has been submitted the Authority shall en titled to
expend on all account s up to an amount s not exceeding the amount
approved for the corresponding period of the previous financial year and
such amount shall not include any sum spent out of the grants and
subventions during the said period.
(2) The Authority shall cause to be maintained such proper
books of account and other books in relation to its accounts and
prepare the balance sheet in such form and manner as the regulations
may require.
Surcharge 33. (1) the officers and employees of the Authority shall be liable
to surcharge for the loss, waste or misapplication of any mone y or
property of the Authority if such loss waste or misapplication is a direct
consequence of his neglect or misconduct while acting as such officer or
employee.
(2) The procedure of surcharge shall be such as may be
prescribed.
(3) Any amount found to be involved in such loss; waste or
misapplication as a result of proceedings for surcharge shall be
recoverable as arrears of land revenue.
[The Uttar Pradesh Area Development Act, 1976]
304
Charges
Leviable
(4) Nothing in sub -section (3) shall prevent the Authority from
deducting any amount referred to therein from any sum payable by the
Authority on account of remuneration or otherwise to such officer or
employee.
34. The Authority may levy charges for the maintenance and
repairs of irrigation channels from the beneficiaries where maintenance
of such channels is done by the Authority.
Recovery of
the cost of
land
development
and cost on
works
35. (1) Subject to such terms and conditions as may be
prescribed an subject also to the approval of the State Government, the
Authority may levy charges for the recovery of the cost of land
development and the cost of any work from the person benefited by such
land development and works, in such installments and during such
period as may be specified by the Authority.
(2) The recovery of cost of land development and works shall be
in such proportion as the Authority may fix after taking into
consideration the benefits or likely benefits to the land of each beneficiary
from that work.
Fees for
service
Recovery of
fee, cost or
other sum
36. The Authority may charge such fees as may be specified in
regulations for rendering any service to any person.
37. Any sum due to the Authority on account of any special
loan, betterment fee, charges other fees, cos t of works, penalty or
damage under this Act shall be recoverable as arrears of land revenue.
Transfer of
rights and
liabilities
towards
recovery of
cost
38. (1) When any charges towards cost of any work are to be
recovered from any person under section 35, then notwithstanding
anything contained in this Act or any other law for the time being in
force, all the rights and liabilities of the Authority for the recovery of the
cost or part of cost from the land holders may, it the Authority so
directs, stand transferred to a Land Development Bank as defined in the
Uttar Pradesh Co -operative Land Development Bank s Act, 1964,
hereinafter called the “Development Bank” in relation to such land
holders subject to such terms and conditions (including any condition
regarding giving of any guarantee by the Authority or the State
Government) as may be agreed upon between the Authority, the State
Government and such Bank.
(2) Where the Authority makes a direction under sub-section (1) it
shall be deemed that each land holder concerned has become member of
the cooperative society, namely the development bank concerned, and
accordingly, an amount equivalent to the value of one share in the society
shall be added to the cost of works and be recoverable along with it.
(3) For purposes of arriving at such agreement every ownr of land
shall produce before the Development Bank all such documents, and
the evidence relating to his land as the Bank may require.
(4) On such transfer of rights and liabilities of the Authority, the
Development Bank shall pay to the Authority an amount equal to the
extent of liability accepted by it under the agreement, and the Authority
shall infor m the holders of land concerned of such transfer, and
thereupon amount to be recovered from such person shall be
recoverable by the Development Bank as if it was a loan advanced to
such person by such bank.
[The Uttar Pradesh Area Development Act, 1976]
306
(5) The transfer of the rights and the liabilities and payment
made in accordance therewith shall discharge the owner of the land of
his liabilities to make payment to the Authority to the extent only of his
respective liabilities accepted by the Development Bank.
Offences and Penalties
Prohibition
of certain
acts
39. No person shall—
(a) willfully obstruct any person acting on behalf of the
Authority in conducting survey of any land for preparation of the
plan ;
(b) willfully remove or damage any pillar, post or stand
fixed in the ground for the purpose of setting out the lines of any
works or deface or destroy any marks made for this purpose ;
(c) willfully or negligently break, injure or open any water
channel without the permission of any officer aut horized to give
such permission;
(d) willfully obstruct the flow of or draw off or divert or take
water from any channel ;
(e) obstruct any officer or other employee of the Authority
in discharge of his duties under this Act ;
(f) disobey the directions given by the Authority under the
provisions of this Act.
Members,
officers and
servants of
the Authority
to be public
servants
45 of 1860
40. All members, officers and servants of the Authority whether
representing or appointed by the Authority of the State G overnment
shall be deemed, when acting or purporting to act in pursuance of the
provisions of this Act to be public servants within the meaning of section
21 of Indian Penal Code.
Cognizance
of offences
41. No court shall take cognizance of any offence under this Act
except on the complaint of the Authority made within six months next
after the commission of the offence.
General
penalty
42. Whoever contravenes the provisions of this Act or of any
rule or regulation made thereunder or fails to comply with any notice,
order or direction issued under this Act or any rule or regulation made
thereunder shall be punished with fine which may extend to one
thousand rupees and with further fine which may extend to fifty rupees
for every day on which such contravention or failure continues after the
first conviction.
Offence by
companies
43. (1) If the person committing an offence under this Act is
accompany, the company as well as every person in charge of and
responsible to the company for the conduct of its business at the time of
the commission of the offence shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly ;
Provided that nothing contained in this sub -section shall render
any such person liable to any punishment if he proves that the offence
was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
[The Uttar Pradesh Area Development Act, 1976]
308
(2) Notwithstanding anything contained in sub -section (1) where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of or that the commission of the offence is attributable to
any neglect on the part of, any director, manager secretary or other
officer of the company, such director, manager secretary or other officer
shall also be deemed to be guilty of that offence and shall liable to be
proceeded against and punished accordingly.
Explanation— For the purposes of this section.—
(a) ‘Director’ in relation to a firm, means a partner in the firm ; and
(b) ‘Company’ means anybody corporate and includes a firm or
other association of individuals.
Power of
entry
44. Any officer of the Authority may with or without assistance
enter into any land in order to—
(a) make any inspection, survey, measurement or enquiry ;
(b) take level ;
(c) dig or bore into sub-soil ;
(d) set out boundaries and intended lines of any works ;
(e) mark such levels, boundaries and lines by p lacing marks
and cutting trenches ; or
(f) do any other thing necessarily for the purpos es of this Act
or any rule or regulation.
Power to
arrest person
refusing to
give his
name and
address
45. (1) Where any person in the presence of any officer of the
Authority, authorized by it by general or special order in that behalf has
committed or has been accuse of committing or who is reasonably
suspected by such officer of committing any offence puni shable under
this Act refuses or fails on demand of such officer to give his name and
address or gives a name or address which such officer has reason to
believe to be false, he may be arrested by such officer without a warrant
in order that his name or address or both may be ascertained.
(2) the provisions of sub -section (2) and (3) of section 42 and of
sections 43, 48, 56, 58 and 59 of the Code of criminal Procedure, 1973
shall muatatis mandis apply in relation of any arrest made under sub -
section (1) as they apply to an arrest made under sub -section (1) of
section 42 thereof.
Composition
of offences
46. (1) The Chairman or the Secretary of the Authority or any
other officer of the Authority authorized by it by general or special order
in that behalf may either before or after institution of the proceedings,
compound any offence punishable under this Act on such terms
including payment of composition fee as he may think fit.
(2) Where an offence has been compounded, the offender if in
custody shall be discharged and n o further proceeding shall be taken
against him in respect of the offence so compounded.
Duties of
police
officers and
employees of
the state
government
etc.
47. It shall be duty of all police officers and of employees of the
State Gover nment in whose knowledge any offence punishable under
this Act is committed or attempted to be committed, to give immediate
information to the Authority or to officers of the Authority authorized in
this behalf, of the comm ission of or, as the case may be , of the attempt
to commit such offence and to assist all such officers in the exercise of
their authority under this act.
[The Uttar Pradesh Area Development Act, 1976]
310
Direction to
the Authority
on questions
of policy
48. (1) In the discharge of its functions, the Authority shall be
guided by such directions on questions of policy as may be given to it by
the State Government.
(2) If any question arises whether any matter is or is not a
matter in respect of wh ich the State Government may issue a direction
under sub -section (1) the decision of the State Government shall be
final.
Annual report
statistics,
returns and
other
information
by the
Authority
49. (1) The Authority shall, as soon as may be after the e nd of
each financial year, prepare and submit to the State Government before
such date and in such form as the State Government may direct, a
report giving an account of its activities during the previous financial
year, and the report shall also give an account of the activities of any,
which are likely to be undertaken by the Authority in the next financial
year, and the State Government shall cause every such report to be laid
before the State Legislature as soon as may be after it is received by the
State Government.
(2) The Authority shall furnish to the State Government at such
times and in such form and manner as the State Government may direct
such statistics and returns and such particulars in regard to any
proposed or existing activities of the Authority or any other matter under
the control of the Authority as the State Government may from time to
time require.
Duty of State
Government
Departments
and other
statutory
bodies to
assist
50. (1) All State Government Departments and other statutory
bodies controlled by the State Government shall render such help and
assistance and furnish such information to the Authority and shall
make available for the inspection and examination of land (if necessary,
preparation of copies from) such records, maps, plans and other
documents, as it may require in the discharge of its functions under this
Act.
(2) Without prejudice to other provisions of this Act and
notwithstanding anything contained in any o ther law for the time being
in force under which any statutory body is constituted, the State
Government may give to any such body such direction as in its opinion
may be necessary or expedient for enabling the Authority to perform its
functions under this Act, and thereupon it shall be the duty of such
body to comply with such directions.
General
Power to pay
compensation
Protection for
acts done in
good faith
51. In any case not otherwise expressly provided for in this Act
the Authority may pay reas onable compensation to any person who
sustains damage by reason of the exercise of any power vested by or
under this Act in the Authority.
52. No suit, prosecution or other legal proceeding shall lie
against the State Government, the Authority or a Chairm an or other
member of the Authority or any officer or servant of the State
Government or of the Authority for anything which is in good faith done
or purported or intended to be done in pursuance of this Act or any rule
or regulation made thereunder.
Powers to
make rules
Rules and Regulations
53. The State Government may, by notification, make rules for
carrying out the purposes of this Act.
[The Uttar Pradesh Area Development Act, 1976]
312
Regulations 54. (1) The Authority may with the previous approval of the
State Government, make regulations not inconsistent with the
provisions of this Act and the rules made thereunder.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters namely :—
(a) summoning and holding of meetings of the Authority,
the time and place where such meetings are to be held, the
conduct of business at such meetings and the number of persons
necessary to form a quorum thereat ;
(b) the powers and duties of the employees of the Authority ;
(c) the management of the property of the Authority ;
(d) the execution of contracts and assurances of the
property on behalf of the Authority ;
(e) the limit up to which the Chairman, the member,
Secretary or any other officer of the Authority shall be competent
to incur recurring and non -recurring expenditure in any
financial year ;
(f) the maintenance of accounts and the preparation of
balance sheet by the Authority ;
(g) the procedure for carrying cut the functions of the
Authority under this Act including the preparation of the plan ;
(h) the delegation of powers of the Authority to t he
Chairman or to any other officer of the Authority.
(i) any other matter for which provision is required to be
made by regulations.
(3) Until any regulations are made by the Authority, any
regulation which may be so made by it, may be made by the Stat e
Government and any regulation so made may be altered or rescinded by
the Authority in exercise of its powers under sub-section (1).
Delegation of
powers
Additional
powers under
other
enactments
may be
conferred on
AutExcerpt shown. Open the full act in Lexace.