The UTTAR PRADESH REGULATION OF BUILDINGS AND USE OF LAND (NUCLEAR INSTALLATIONS AREA) ACT, 1988

  
 UTTAR PRADESH REGULATION OF BUILDINGS AND USE OF 
LAND (NUCLEAR INSTALATIONS AREA) ACT, 1988 
[ U. P. ACT No. 19 of 1992 ] 
 [ As Passed by the U ttar Pradesh  Legislature and received 
the assent of the President on July 31, 1992, under clause 3 of 
Article 348 of the C onstitution of India and was published in the 
Uttar Pradesh Gazette, Extraordinary, dated August 20, 1992. ] 
 AN 
ACT 
 to provide for the control of the construction of buildings 
and the use of land in the neighborhood of any nuclear 
installation in the State of Uttar Pradesh.  
 
 
Short title, 
extent and 
commencement 
IT IS HEREBY enacted in the T hirty-ninth year of the Republic of 
India as follows :— 
1. (1) This Act may be called the Uttar Pradesh R egulation of 
buildings and use of Land (Nuclear Installations Area) Act, 1988.  
 (2) It extends to the whole of the State of Uttar Pradesh.  
(3) It shall come into force on such date as the State 
Government may, by notification, appoint in this behalf. 
Definitions 2. In this Act, unless the context otherwise requires — 
(1) “building” includes — 
(a) a house, out house, stable, cattle-shed, cattle house, latrine, 
godown, shed, hut, wall, roofed enclosure and any other such 
structure, whether wholly or partially contracted of masonry, bricks, 
mud, wood, metal or any other material whatsoever ;  
 (b) a structure on wheels or resting on the ground without 
foundation ; and  
(c) a tent, van and any other structure used for human 
habitation or use for keeping or storing any article or goods.  
 (2) a person shall be deemed in — 
(i) erect a building if he constructs a building for the first time 
or re-constructs an existing building after demolishing it ;  
 (ii) re-erect a building, if he — 
(a) makes any material alteration to or enlargement of a 
building; or  
 
 
2 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (b) converts into a dwelling place any building not originally 
constructed for that purpose; or 
(c) converts into two or more dwelling places a building 
originally constructed as a single dwelling place; or 
 (d) converts two or more dwelling places into  a larger number of 
such places; or  
(e) converts into a factory, works hop or godown or into a stable, 
cattle shed or cattle- house any building originally c onstructed as a 
dwelling place; or 
 (f) makes any alteration which is likely to affect prejudicially the 
stability or safety of a buildings or the condition of a building  in 
respect of its drainage, sanitation of hygiene; or  
 (g) makes any alteration to a building which increases of 
diminishes its height or the area covered by it or the cubic capacity 
thereof, or which reduces the cubic capacity of any room therein.  
 (3) “exclusion area” in relation to a nuclear installation means 
such area, within 1.6 kilometers from any portion of the boundary of 
such nuclear installation, as may be specified by the State Government 
by notification in this behalf.  
 (4) “nuclear inst allation” means the atomic power station at 
Narora in the district of Bulandshahr and includes any other place 
notified by the State Government in this behalf wherein other facilities 
connected with research and development in nuclear energy in Narora 
are provided or any other atomic power station notified by the S tate 
Government in this behalf.  
 (5) “nuclear installation area”, in relation to a nuclear 
installation, means the exclusion area and the sterilized area in 
relation to such nuclear installation.  
 (6) “nuclear installation local authority”, means the nuclear 
installation local authority constituted under section 3.  
 (7) “sterilized area”, in relation to nuclear installation means 
such area within 4.8 kilometers from any portion of the boundary of 
such nuclear installation, as may be specified by the State Government 
by notification, but not including the exclusion area.  
Constitution 
of nuclear 
installation 
local 
authority 
3. (1) For every nuclear installation the State Government shall, 
by notification, constitute a nuclear installation local authority for the 
purpose of controlling the erection or re -erection of buildings and the 
use of land in the nuclear installation area.  
 (2) The authority shall consist of the following :— 
(a) The Collector of the District in which the 
Nuclear Installation is Situate.  
 
Member-Chairman 
 
 
4 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (b) The Chief Executive Officer of the Nuclear 
Installation. 
(c) The Chief Zonal Engineer—Uttar Pradesh 
State Electricity Board. 
Member-Secretary 
 
Member. 
 (d) Four members to be nominated by the State 
Government by notification.  
 
Exemption 
from certain 
Acts 
4. (1) The State Government may, by notification, direct that 
the provisions of any enactment for the time being in force in the State 
of Uttar Pradesh and relating to public health local self -government 
shall not apply to the nuclear installation area or shall apply thereto 
only to such extent and subject to such modifications and restrictions 
as may be specified in such notification.  
 (2) Where the enactments referred to in sub -section (1) are 
applied subject to modifications or restrictions, the notification under 
sub-section (1) may in particular authorize the nuclear installation 
local authority or its Chairman or Secr etary to perform and duty or 
exercise any power assigned to a Nagar Mahapalika, Municipality, 
Town Area, Notified Area or a Zila Parishad or to its Chairman or 
President or to any other authority or officer under the provisions of 
the Act so applied, subje ct to such control as may be specified in such 
notification.  
Prohibition 
of use of land 
etc. in 
exclusion 
area except 
for certain 
purposes 
5. No person other than the State Government or the Central 
Government or any local authority shall use or cause to  be used any 
land in the exclusion area for any purpose including agricultural 
purpose, or carry out any agricultural, building, engineering, mining or 
other operation in or over or under any land in such area or make any 
material change in the use of any building or land in such area ;  
 Provided that no local authority s hall use or cause to be used 
any land in the exclusion area for any purpose including agricultural 
purpose or carry out any agricultural, building, engineering, mining or 
other operations  in or over or under any land in such area or make 
any material change in the use of any building or land in such area 
without the prior approval in writing of the nuclear installation local 
authority ;  
 Provided further that the continuance of the use of any building 
or land for the purpose and to the extent for and to which it was being 
used on the date on which such area is notified as exclusion area 
under clause (3) of section 2 may be permitted by the nuclear 
installation local authority by general o r special order for such period 
and upon such terms and conditions as may be prescribed.  
Prohibition 
of erection or 
re-erection of 
building, etc. 
without 
permission 
6. No person other than the State Government or the Central 
Government shall — 
(a) erect or re-erect a building on any land ; or 
(b) put to use any agricultural land to any non -agricultural 
purpose ; or 
 
6 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (c) carry out any engineering, mining or other operation on any 
land ;  
within the sterilized area without the prior permission in writing of the 
nuclear installation local authority and except in accordance with the 
terms and conditions specified in such permission.  
Application 
for 
permission 
7. (1) An application for permission under section 6 shall be in 
such form, contain such particulars and the accompanied by such 
plans and fee as may be prescribed.  
 (2) The Applicant shall also furnish to the nuclear installation 
local authority any further information or plans which it may requ ire, 
within such time as may be fixed by it.  
Grant of 
permission 
8. (1) On receipt of an application under section 7, the nuclear 
installation local authority may grant permission subject to such terms 
and conditions as it may think fit to impose or refu se to  
grant the 
permission :  
 Provided that the permission shall not be refused unless the 
applicant has been given an opportunity of making his representations.  
 (2) In particular and without prejudice to the generality of the 
provisions of sub -section (1), the nuclear installation local authority 
may, in granting permission under sub -section (1) for the erection ro 
re-erection of a building impose conditions in respect of all or any of 
the following matters, namely — 
 (a) the free passage or way to be left in front of the building ;  
(b) the open space to be left about the building to secure free 
circulation of air and the prevention of fire and to facilitate scavenging; 
 (c) the ventilation of the building, the minimum cubic area of 
the rooms and th e number and height of the storeys of which the 
building may consist ;  
 (d) the prevision and position of drains, latrines, urinals, and 
cess pools or other receptacles for rubbish of filth ;  
(e) the level and width of the foundation, the level of the l owest 
floor, and the stability of the structure ;  
 (f) the line of frontage, with neighboring buildings if the building 
abuts on a street ;  
(g) the means of egress from the building in case of fire ;  
 (h) the materials to be sued for, and the method o f construction 
of external and partition wall, rooms, floors, fire-places and chimneys ; 
(i) the height and slope of the roof above the upper- most floor 
on which human beings are to live or cooking is to be done ; and  
 (j) any other matter affecting the ventilation and sanitation of 
the building.  
 
8 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (3) In granting on refusing permission under sub -section (1), 
the nuclear installation local authority shall have regard to the 
following matters namely :– 
 (a) the possibility of the erection ro re -erection of building, the 
non-agricultural purpose for which the land is to be used or the 
carrying out of any engineering, mining or other operation —  
 (i) creating unfavorable conditions in the environment of the 
nuclear installation resulting in accidental release of radio activity int o 
the atmosphere ; or  
 (ii) resulting in consequent growth of population around the 
nuclear installation ; and  
(b) such other matters as may be prescribed.  
 (4) The permission granted under sub -section (1) for the 
erection or re-erection of a building shall specify the purpose for which 
the building is to be used.  
Power to 
cancel or 
suspend 
permission 
9. (1) The nuclear installation local authority may, at any time, 
cancel or suspend the permission granted under section 8, if— 
(a) such permission has been obtained by fraud 
misrepresentation or suppression of material particulars ; or  
 (b) the holder of the permission has contravened any of the 
provisions of this act or any rules made thereunder of any or the terms 
of conditions subject to which the permission was granted.  
 (2) Before cancelling or spending the permission under sub -
section (1), the nuclear installation local authority shall give the holder 
or the permission an opportunity of making his representations.  
Lapse of 
permission 
10. Every permission granted under section 8 shall be valid for 
a period of one year from the date on which it is granted and if the 
erection or re-
erection of the building or the use of agricultural land for 
non-agricultural purpose, or the engineering, mining or other 
operation for which the permission is granted is not commenced within 
the said period, it shall not be commenced thereafter unless the 
nuclear installation local authority on application made therefor has 
extended the period.  
Penalties 11. (1) Whoever contravenes the provisions of section 5 shall be 
punishable with fine which may extend to five thousand rupees.  
(2) whoever within the sterilized area beings, continues or 
completes the erection ro re- erection of a building or puts to use any 
agricultural land to non -agricultural purpose or carries out any 
engineering mining or other operation — 
 (a) without permission; or  
(b) without complying with any of the terms or conditions 
subject to which the permission has been granted ; or  
 
10 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (c) when permission has been refused ; or 
(d) after the permission granted has ceased to be valid in 
accordance with the provisions of this Act,  shall be p unishable with 
fine which may extend to five thousand rupees.   
  (3) Whoever within the sterilized area — 
 (a) uses any building erected or re -erected for a purpose other 
than that specified in the permission ;  
(b) puts to sue any agricultural land to non-agricultural 
purpose other than the purpose for which the use of the land was 
permitted ;  shall be punishable with fine which may extend to five 
thousand rupees and in case of continuing offence with a further fine 
which may extend to one hundred rupee s for each day during which 
such offence continues after conviction for the first commission of the 
offence.   
Offence by 
companies 
12. (1) If the person committing an offence under this Act is 
company, every person who at the time the offence was committ ed, 
was in charge of, and was responsible to, the company for the conduct 
of the business of the company, as well as the company, 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 provide in this Act, 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.  
 (2) Notwithstanding anything contained in sub -section (1) 
where an 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 is attributable to, any negle ct on the part of, any 
director, manager, secretary or other officer of the company, such 
director, manager, secretary or other officer of the company, shall also 
be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly.  
 Explanation—For the purposes of this section — 
(a) “company” means a body corporate and includes a firm, 
society or other association of individuals; and 
 (b) “director” in relation to — 
(i) a firm, means a partner in the firm;  
(ii) a society or other association of individuals, means the 
person who is entrusted, under the rules of the society or other 
association, with the management of the affairs of the society or other 
association, as the case may be.  
 
12 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
Power to stop 
work 
13. (1) The nuclear installation local authority may, at any time 
by notice in writing, direct the owner, les see or occupier of any land in 
the nuclear installations area — 
(a) to stop the user of any building or land for any purpose ; or  
 (b) to stop the erection or re -erection of any building on such 
land ; or  
(c) to alter or demolish, within such time as may be specified in 
the notice, any building or any part thereof ; or  
 (d) to stop the user of any agricultural land for non -agricultural 
purpose ; or 
(e) to stop the building, engineering, mining or other operation,  
if in the opinion of such authority the  user of the building or land, the 
erection or re-erection of the building or part thereof or the user of any 
agricultural land for non -agricultural purpose or the carrying out of 
the building, engineering, mining or other operation is in contravention 
of any of the provisions of this Act, the rules made thereunder or of the 
terms and conditions subject to which permission is granted under 
this Act. 
 (2) If any direction given under sub -section (1) is not complied 
with, within the time specified therefor i n the notice, the nuclear 
installation local authority may have such direction carried into effect 
at its cost and have the amount thereof recovered from the defaulter as 
if it were an arrear of land revenue. 
Appeal 14. (1) Any person aggrieved by — 
(a) a ny order or decision of the nuclear installation local 
authority under this Act ; or  
 (b) any dir ection issued under section 13, may appeal to the 
Commissioner within such time and in su ch manner as may be 
prescribed :  
 Provided that the Commissioner m ay, in his discretion, allow 
further time not exceeding one month for the filing of any such appeal, 
if he is satisfied that the appellant had sufficient cause for not filing 
the appeal in time.  
 (2) On receipt of an appeal under sub -section (1), the 
Commissioner shall after giving the appellant an opportunity of being 
heard, dispose of the appeal as expeditiously as possible.  
 (3) The Commissioner may stay the operation of the order or 
decision or direction appealed against pending disposal of the appeal.  
Revision 15. (1) The State Government may, either sue motu or on 
application made in this behalf call for and examine the record of any 
proceeding  under  this  Act, to satisfy itself as to the regularity of such  
 
14 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 proceeding of the correctness, legality or propriety of any order or 
decision made or detections issued therein and may pass such orders 
in relation thereto as it may think fit : 
 Provided that where under this Act an appeal lies and no 
appeal is preferred no application by way of revision shall be 
entertained at the instance of the person who could have appealed.  
 (2) No order under sub -section (1) shall be made to the 
prejudice of any person unless he has had a reasonable opportunity of 
making his representation.  
 (3) The State Government may stay the operation of any such 
order, decision or direction pending the exercise of its powers under 
sub-section (1) in respect thereof.  
 (4) Every application to the State Government for the exercise of 
its powers under this section shall made within two months from the 
date on which the order, decision or direction to which the application 
relates was communicated to the applicant :  
 Provided that the State Government may, in its desertion, allow 
further time not exceeding one month for the making of any such 
application, if it is satisfied that the applicant has sufficient cause for 
not making the application in time.  
 (5) The State Government may, by notification in the Gazette, 
delegate the powers conferred upon it by sub -section (1) to any 
authority or officer, who shall be not below the rank of Special 
Secretary to the State Government.  
Bar of 
Compensation 
16. No compensation sh all be claimed by any person for any 
damage or loss sustained by him in consequence of — 
(a) the refusal to grant permission by the nuclear installation 
local authority ; or 
 (b) any condition subject to which any such permission is 
granted ; or 
(c) any direction issued under section 13 ; or  
 (d) any order passed by the Commissioner under section 14 or 
by the State Government under section 15 ; or 
(e) the operation of any of the provisions of this Act or the rules 
made thereunder.  
Civil Courts 
not to decide 
questions 
under this Act 
47 of 1963 
17. No Civil Court shall have jurisdiction, notwithstanding 
anything contained in the specific Relief Act, 1963 to decide or deal 
with any question which is by or under this Act required to be decided 
or dealt with by any authority or officer mentioned in this Act.  
Finality of 
orders passed 
under this Act 
18. (1) Any order passed or decision taken by any authority or 
officer in respect of matters to be determined for the purposes of this 
Act shall, subject only to appeal or revision, if any, provided under this 
Act, be final.  
 
16 
[Uttar Pradesh Regulation of Buildings and Use of Land (Nuclear Instalations Area) Act, 1988]  
 (2) No such order or decision shall be liable to be questioned in 
any court of law. 
Act to 
override 
other laws 
19. (1) The provisions of this Act shall have effect 
notwithstanding anything inconsistent therewith contained in any 
other Act, law, custom, usage or contract.  
 (2) Save as otherwise provided in sub -section (1) the provisions 
of this Act  shall be in addition to and got in derogation of any other 
Act. 
Power to 
make rules 
20. (1) The State Government may make rules to carry out the 
purposes of this Act.  
(2) In particular and without prejudice to the generality of the 
foregoing powers, such rules may provide for all or any of the following 
matters, namely :— 
 (a) all matters expressly required or allowed by this Act to be 
prescribed ;  
(b) the rules for the conduct of business of the nuclear 
installation local authority ; 
 (c) the form of  application for permission and the information 
and plan to be furnished either alongwith such application or 
subsequently ;  
 (d) the matters that the nuclear installation local authority 
should take into consideration while granting permission under the  
proviso to section 5 or while granting or refusing a permission under 
section 8 ; 
 (e) the time with in which and the manner in which appeal 
under section 14 may be preferred ; and  
(f) the fees which may be charged in respect of any application 
made, appeal preferred, or proceeding taken, under this Act.  
 
————
18 
 
 
2 

‹ Prev All Uttar Pradesh acts Next ›