LexThe UTTAR PRADESH SHREE SHUK TEERTH VIKAS PARISHAD ACT, 2023
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THE UTTAR PRADESH SHREE SHUK TEERTH VIKAS PARISHAD
ACT, 20231
[U.P. Act no. 25 of 2023]
[In pursuance of the provisions of clause (3) of Article 348 of
the Constitution of India, the Governor is pleased to order the
publication of the following English translation of the Uttar Pradesh
Shree Shuk Teerth Vikas Parishad Adhiniyam, 2023. Assented to by
the Governor on December 7, 2023 and was published in the Uttar
Pradesh Gazette Extraordinary dated December 8, 2023.]
AN
ACT
to provide for the constitution of Shree Shuk Teerth Vikas
Parishad for the preparation of a plan for preserving, developing
and maintaining the aesthetic quality of Shuk region in all hues -
cultural, ecological and architectural; co -ordinating and
monitoring the implementation of such plan and for evolving
harmonized policies for integrated tourism de velopment and
heritage conservation and management in the region; giving
advice and guidance to any Department/Local body/Authority in
the District of Muzaffarnagar in respect of any plan, project or
any development proposal which affects or is likely to affect the
heritage resources of the Shuk region and for matters connected
therewith or incidental thereto.
I
T IS HEREBY enacted in the Seventy fourth Year of the
Republic of India as follows: -
CHAPTER- I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Shree Shuk
Teerth Vikas Parishad Act, 2023 .
(2) It extends to the Shuk region situated within the revenue
District of Muzaffarnagar in Uttar Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in the Gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) “Chief Executive Officer” means the Chief Executive Officer
of the Parishad appointed under section 4;
(b) “Executive Committee” means the Executive Committee
constituted under sub-section (1) of section 5;
(c) " Executive Vice -Chairperson" means the Executive Vice -
Chairperson of the Parishad appointed under section 4;
1. For SOR see at the end of this Act.
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(d) “Implementing agency” means a department of the State
Government or a public undertaking under the jurisdiction of the
State Government or the Government of India chosen for
preparation and/or implementation of any Project plan;
(e) “Land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth;
(f) “Local body” means a Development Authority, Municipal
Body or any oth er local authority concerned with the urban
development within the Muzaffarnagar District or any Gram
Panchayat under the same;
(g) “Member” means a member of the Parishad or the
Planning and Development Committee and includes the
Chairperson thereof;
(h) “Parishad" means the Shree Shuk Teerth Vikas Parishad
constituted under section 3;
(i) “Participating Department” means the State Government
Departments or a Local Body in Muzaffarnagar District whose
activities have or are likely to have bearing on the functions of
the Parishad;
(j) "Plan" means the Shree Shuk Teerth Vikas Plan;
(k) “Planning and Development Committee” means the
Planning and Development Committee constituted under section
6;
(l) “Prescribed” means prescribed by rules made under this
Act;
(m) “Project Plan” means a detailed plan prepared to
implement one or more elements to the Plan;
(n) “Regulations” means regulations made by the Parishad
under this Act;
(o) “Shree Shuk Teerth Vikas Plan” means the plan prepared
under this Act for the development of the Shuk region and for the
development of infrastructure facilities for tourism and culture
essentially for religious activities and Spiritual Tourism. The
function of the Parishad would be for conservation of the
Heritage, both tangible and intangible, in the Shuk region;
(p) '' Shuk region '' means the whole of the area of Shuk
within the revenue Tehsil of Jansath in the District
Muzaffarnagar of Uttar Pradesh;
CHAPTER-II
THE SHREE SHUK TEERTH VIKAS PARISHAD
Constitution
and
incorporation
of Shree Shuk
Teerth Vikas
Parishad
3. (1) The State Government shall, by notification in the Gazette,
constitute for this Act, a Parishad, to be called the Shree Shuk Teerth
Vikas Parishad.
(2) The Parishad shall be a corporate body.
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(3) The Parishad shall consist of the following members,
namely: -
(a) the Chief Minister, Uttar Pradesh who shall be the
Chairperson of the Parishad;
(b) Vice -Chairperson- The Mini ster of Tourism
Department, Government of Uttar Pradesh;
(c) Executive Vice -Chairperson- Appointed by the Chief
Minister of Uttar Pradesh under section 4(1);
(d) Member Co -ordinator -The Principal Secretary to
Government of Uttar Pradesh in the Departme nt of Tourism,
ex officio ;
(e) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Housing and Urban Planning,
ex officio ;
(f) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Finance , ex officio ;
(g) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Culture, ex officio ;
(h) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Religious Affairs, ex officio ;
(i) the Princ ipal Secretary to the Government of Uttar
Pradesh in the Department of Urban Development, ex officio ;
(j) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Transport, ex officio ;
(k) the Principal Secretary to the Go vernment of Uttar
Pradesh in the Department of Environment, Forest and
Climate change, ex officio ;
(l) the Principal Secretary to the Government of Uttar
Pradesh in the Department of Public Works, ex officio ;
(m) the Commissioner, Saharanpur Divi sion Saharanpur,
ex officio ;
(n) the District Magistrate, Muzaffarnagar, ex officio ;
(o) the Chief Town and Country Planner, Uttar Pradesh,
ex officio ;
(p) the Chief Executive Officer of the Parishad who shall
be the Member-Secretary;
(q) the Vice Chairperson, Muzaffarnagar Development
Authority, Muzaffarnagar , ex officio ;
(r) five eminent persons having knowledge, experience,
exposure and track record of efforts for the conservation of
heritage of Uttar pradesh, to be nominated by th e Chairperson
in consultation with the State Government;
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(s) Donors who donate a sum of Rs. One crore or more
shall be eligible to be considered as a nominated member for a
period of three years upon approval of the Parishad.
(4) The terms and conditions of office of the members nominated
under clause (p) and (q) of sub -section (3) shall be such as may be
prescribed.
The Executive
Vice-
Chairperson
and The Chief
Executive
Officer
4. (1) There shall be an Executiv e Vice -Chairperson of the
Parishad to be appointed by the State Government.
(2) There shall be the Chief Executive Officer of the Parishad to
be appointed by the State Government from amongst the officers not
below the rank of Special Secretary of the State Government.
(3) The Chief Executive Officer shall be the officer of the Parishad
and all the officers and employees appointed by the Government on
deputation or taken on contractual basis shall be under the
administrative control of the Chief Executive Officer.
(4) The Executive Vice -Chairperson and the Chief Executive
Officer shall be entitled to receive from the fund of the Parishad such
salaries and allowances and be governed by such conditions of service
as may be determined by general or spe cial order of the State
Government issued in this behalf.
(5) All orders and decisions and other instruments of the
Parishad shall be authenticated by the signature of the Chief Executive
Officer.
(6) The Chief Executive Officer will be supported b y Assistant
Chief Executive Officer who shall be of the rank of Additional District
Magistrate. The CEO will be assisted by One Town Planner, Two
Executive Engineer, Four Assistant Engineer, Six Junior Engineer and
Four administrative staff who shall be on deputation from different
departments of the State Government. The salary and other allowances
for the staff shall be such as in the parent department. The class IV
employees shall be employed on contractual basis and their emolument
and salary structure shall be decided by the Parishad. Moreover, their
recruitment and salary structure shall be on the approval of the Board of
Trustees.
(7) The Board of Trustees has the right to increase or decrease
number of officers or staff as per the requirement.
The Executive
Committee
5. (1) There shall be an Executive Committee to exercise the
powers and the functions of the Parishad in the event of an emergency
or other time-sensitive matters when it is not practicable to assemble the
entire Parishad. The Executive Committee shall comprise of all the ex-
officio members of the Parishad and shall be chaired by the Chief
Secretary.
(2) The Parishad shall, in its next meeting, review the minutes of
the Executive Committee and may modify, reject or rectify the action
taken by the Executive Committee.
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Composition of
the Planning and
Development
Committee
6. (1) The Parishad shall, as soon as may be, after the
commencement of this Act, constitute a Planning and Development
Committee, for assisting the Parishad in the discharge of its functions.
(2) The Planning and Development Committee shall consist of the
following members, namely: -
(a) the Commissioner, Saharanpur, who shall be the
Chairperson,
ex officio;
(b) the Chief Executive Officer, who shall be the Member
Secretary;
(c) the Senior Superintendent of Police, Muzaffarnagar, ex
officio;
(d) the Chief Development Officer, Muzaffarnagar, ex officio
(e) the Additional Superintendent of Police, Muzaffarnagar,
ex officio
(f) the Sahyukt Niyojak, Nagar evam Gram Niyojan Vibhag,
Meerut, Uttar Pradesh, ex officio;
(g) the Superintending Engineer, Public Works Departments,
Muzaffarnagar, ex officio;
(h) the Superintending Engineer, First Division, Irrigation
Works Meerut, Irrigation and Water Resources Department,
Uttar Pradesh, ex officio;
(i) the Superintending Engineer, Paschim anchal Vidyut
Vitran Nigam Limited (Urban and Rural), Muzaffarnagar, ex
officio;
(j) the Superintending Engineer, Uttar Pradesh Jal Nigam,
Muzaffarnagar, ex officio;
(k) the Regional Officer, UP Pollution Control Board,
Muzaffarnagar/ Saharanpur Division, ex officio;
(l) the Regional Tourist Officer, Meerut, ex officio;
(m) a Landscape Designer and interpretive planner, to be
nominated by the State Government;
(n) an Environmentalist to be nominated by the State
Government;
(o) an Eminent historian having experience in the cultural
and mythological history of the State, to be nominated by the
State Government;
(p) a Litterateur or an Artist of repute having experience of
the State, to be appointed by the State Government;
(q) an Eminent lawyer, to be appointed by the State
Government;
(r) two eminent public representative’s or Social Worker’s, to
be appointed by the State Government;
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(3) The terms and conditions of office of the members
appointed under clauses (m), (n), (o), (p), (q), and (r) of sub -
section (2) shall be such as may be prescribed.
Power to
co-opt
7. (1) The Parishad or the Planning and Development Committee
may meet at any time and for such period as it thinks fit, co -opt any
person or pers ons as a member or members of the Parishad or of the
Planning and Development Committee;
(2) A person co -opted under sub -section (1) shall exercise and
discharge all the powers and functions of a member of the Parishad or of
the Planning and Development Committee, as the case may be, but shall
not be entitled to vote.
Headquarters
of the Parishad
8. The headquarter of the Parishad shall be at Muzaffarnagar.
Meetings of
the Parishad
9. The Parishad shall meet at such times and at such place as
may be determined by the Parishad from time to time.
Meetings of
the Planning
and
Development
Committee
10. The Planning and Development Committee shall meet at such
times as may be decided by the Chairperson of the Planning and
Development Committee or di rected by the Vice- Chairperson of the
Parishad but the time between two consecutive meetings shall not exceed
sixty days.
Vacancies, etc.
not to
invalidate
proceedings
of the Parishad
or the Planning
and
Development
Committee
11. No Act or proceeding of the Parishad or of the Planning and
Development Committee shall be invalid merely by reason of the existence
of any vacancy in, or any defect in the constitution of the Parishad or the
Planning and Development Committee as the case may be.
Quorum of the
meeting
12. The quorum for the meetings of the Parishad and the Planning
and Development Committee shall comprise of 2/3 rd of the members.
CHAPTER- III
POWERS AND FUNCTIONS OF THE PARISHAD AND OF THE PLANNING AND
DEVELOPMENT COMMITTEE
Power of the
Parishad
13. The powers of the Parishad shall include the powers to-
(a) call for reports and information from the Participating
Departments with regards to preparation, enforcement and
implementation of the Plan and the Projects;
(b) ensure that the preparation, enforcement and
implementation of the Plan or the Project is in conformity with
the Uttar Pradesh Culture and Architecture;
(c) indicate the stages for the implementation of the Plan;
(d) review the implementation of the Plan and the Projects;
(e) select and approve comprehensive projects from the
participating Departments, call for priority development and
provide such assistance for the implementation of those projects
as the Parishad may deem fit;
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(f) levy fee or charges for prov iding services and facilities or
for maintenance and development thereof from the tourists;
(g) suo-moto take up any work/project to promote and secure
the development, re-development and beautification of any area in
the entire Shuk region;
(h) select an Implementing Agency for preparation and
implementation of any Project plan in a transparent manner by
following all the rules and regulations of the State Government of
Uttar Pradesh;
(i) entrust to the Planning and Development Committee such
other functions as it may consider necessary to carry out the
provisions of this Act.
Functions of
the Parishad 14. The functions of the Parishad shall be–
(a) to prepare the Plan;
(b) to arrange for the preparation of projects by any of the
Participating Departments (All departments of State Government);
(c) to co -ordinate the enforcement and implementation of the
Plan and the Projects through any one or more of the Participating
Departments or Implementing Agencies;
(d) to ensu re proper and systematic programming by the
participating departments regarding project formulation,
determination of priorities in the Shuk region and phasing of
development of infrastructural facilities for tourism and
conservation of the Shuk Heritage i n accordance with stages
indicated in the Plan;
(e) to make concerted efforts towards enhancing awareness and
interest in intangible cultural heritage, and document, conserve,
safeguard, promote, display and disseminate it systematically;
(f) to undertake and encourage research in the field of heritage of
the region;
(g) to undertake conservation and development of rivers and
water bodies and their catchments in the Shuk region , to
undertake measures for pollution control therein and developm ent
of river fronts and water bodies;
(h) to formulate Architectural Regulations to bring about
uniformity of the buildings and structures in conformity with the
heritage architecture of the region;
(i) to formulate policies to ensure co -ordination between various
stakeholders- Government Departments, Local Bodies, Temple
Management/Trusts, Self Help Groups, Researchers and Scholars
for integrated development of tourism infrastructure and
Activities/projects for strengthening, protecting, preservi ng and
promoting the rich cultural heritage of the Shuk region;
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(j) to arrange for, and oversee, the financing of selected
development projects in the Shuk region through State funds
and other sources of revenue like funds from Temple Trusts,
donations, Non -government Organization, company/firms and
tourists, etc;
(k) to coordinate with authorities in adjoining regions in
matters and activities there that have or may have a bearing in
Shuk region to promote harmony in actions.
Functions of the
Planning and
Development
Committee
15. (1) The functions of the Planning and Development
Committee shall be to assist the Parishad in: -
(a) the preparation and co -ordinated implementation of the
Plan and the Projects with the various departments i n a
synchronised way;
(b) scrutinizing the projects of the Participating Department or
an Implementing Agency to ensure that the same are in
conformity with the Plan;
(c) making such recommendations to the Parishad as it may
think necessary to amend or modify any Plan;
(d) co -ordinating and implementing different Projects at the
District level in conformity with the plan of Shuk region Plan;
(e) performing such other functions, in connection with the
administration of this Act, as may be entr usted to it by the
Parishad.
(2) Different Government departments in the District having
departmental budget sanctions and other Implementing Agencies shall
also co -ordinate with the Planning and Development Committee to
ensure convergence and co -ordination of their Schemes/Projects with
those which are under the Plan.
CHAPTER- IV
THE PLAN AND THE PROJECT PLANS
Contents of the
Plan
16. (1) The Plan shall be a written statement and shall be
accompanied by such maps, diagrams, illustrations, and descri ptive
matters, as the Parishad may deem appropriate for explaining or
illustrating the proposals contained in the Plan and every such maps,
diagrams, illustration, and descriptive matters shall be deemed to be a
part of the Plan;
(2) The Plan shall indi cate the way the development activities in
the Shuk region or conservation and such other matters, as are likely to
have any important influence on the development of the tourism in
Shuk region and conservation of Shuk Heritage shall be undertaken. In
this connection first task is to draw a Master Plan for the development
of Shuk region. These developmental plans to be implemented into the
stages. All working agencies to take consent and confirmation from the
Parishad before executing. The Plan shall include the following elements
needed to achieve objectives of the Plan, namely:-
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(a) The policy to regulate land -use and the allocation of land
for different uses;
(b) The proposals for major Urban settlement patt ern and
architectural regulations;
(c) The proposals for providing suitable economic base for
future growth;
(d) The proposals regarding transport and communication
including railways and arterial roads serving the region
including local transport;
(e) The proposal for the supply of urban services like drinking
water, sewerage and drainage;
(f) Indication of the areas which require immediate
development as priority areas;
(g) The proposals towards enhancing awareness and interest
in intangibl e cultural heritage, and document, conserve,
safeguard, promote, display and disseminate it systematically;
(h) Such other matter as may be included by the Parishad in
consultation with the concerned participating departments for
the proper planning for the growth and balanced development of
the Shuk region.
Surveys and
Studies
17. For the preparation of the Plan, the Parishad may cause such
surveys and studies as it may consider necessary to be made by such
participating departments or persons as it may appoint in this behalf and
may also associate such experts or consultants for carrying out studies in
relation to such specific matters as may be determined by it.
Procedure to be
followed for
preparation of the
Plan
18. (1) Before finalising the Pla n, the Parishad shall prepare
with the assistance of the Planning and Development Committee a Plan
in draft and publish it by making a copy thereof available for inspection
and publishing a notice in such form and in such manner as may be
prescribed inviti ng objections and suggestions from any person with
respect to the draft Plan before such date as may be specified in the
notice.
(2) The Parishad shall also give reasonable opportunities to every
Local Authority/ Department, within whose local limits, any land
affected in any manner by the Plan is situated, to make any
representation with respect to the draft Plan.
(3) After considering all objections, suggestions and
representations that have been received by the Parishad, the Parishad
shall finally prepare the Plan.
Date of coming
into operation of
the Plan
19. Immediately after the Plan has been finally prepared, the
Parishad shall publish, in such manner as may be prescribed, a notice
stating that the Plan has been finally prepared by it a nd naming the
places where a copy of the Plan may be inspected at all reasonable
hours and upon the date of first publication of the aforesaid notice, the
Plan shall come into force and will be deemed to have been duly
prepared.
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Modifications of
the Plan
20. (1) The Parishad may, subject to the provisions of sub -
section (2) make such modifications in the Plan, as it may think fit,
which in its opinion do not affect important character of the Plan and
which do not relate to the extent o f land uses or the standards of
population density.
(2) Before making any modification in the finally prepared plan
the Parishad shall publish a notice in such form and in such manner
as may be prescribed indicating therein the modifications which are
proposed to be made in the finally prepared Plan, and inviting
objections and suggestions from any person with respect to the
proposed modifications before such date as may be specified in the
notice and shall consider all objections and suggestions that may be
received by it on or before the date so specified.
(3) Every modification made under this section shall be
published in such manner as the Parishad may specify and the
modification shall come into operation either on the date of such
publication or on such later date as the Parishad may fix.
(4) If any question arises whether the modifications proposed to
be made are modifications which affect important character of the Plan,
it shall be decided by the Parishad whose decision thereon shall be
final.
Review and
revision of the
plan
21. (1) After every five years from the date of coming into
operation of the finally prepared Plan, the Parishad shall review such
Plan in its entirety and may, after such review, substitute it by a fresh
Plan or may carry out such modifications or alterations therein as may
be found by it to be necessary in concurrence with Planning and
Development Committee.
(2) Where it is proposed to substitute the Plan with a fresh Plan
or where it is proposed to carry out any modification or alteration, such
fresh Plan or, as the case may be, modifications or alterations, shall be
published and dealt with in the same manner as if it were the Plan
referred to in section 18 and 19 or as if they were the modifications or
alterations in the plan made under section 20.
Preparation of the
project plan, co-
ordination and
convergence
22. (1) A participating department may, by itself or in
collaboration with one or more of the participating departments, as the
case may be, prepare Project Plans for one or more element of the Plan.
(2) Various participating departments in the district receiving
grants, loans or budget sanctioned by the State Government, shall
ensure convergence/co -ordination of their departmental schemes wi th
the schemes/projects under the Plan.
CHAPTER- V
FINANCE, ACCOUNTS AND AUDIT
Grants, Advances,
loans by the
Government
23. The State Government may, after due appropriation made by
Legislature by law in this behalf, make to the Parishad grants,
advances and loans of such sums of money as it may consider
necessary to enable the Parishad to carry out its functions under this
Act.
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Constitution of
the fund
24. (1) There shall be constituted a Fund to be called the Shree
Shuk Teerth Vikas Parishad Fund , to be maintained in a separate
bank account of its own and there shall be credited thereto:-
(a) any grants and loans made to the Parishad by the State
Government under section 23;
(b) sums received from other sources such as Temple
Trusts, donations from Non -Government Organization,
companies, firms and individuals, etc; and
(c) any other sums received by the Parishad from such
other sources as may be decided upon by the State
Government in consultation with the Parishad.
(2) The sums credited to the Fund referred to in sub -section (1)
shall be applied for-
(a) meeting the salaries, allowances and other
remuneration of the Executive Vice- Chairperson, Chief
Executive Officer, Additional Chief Executive Officer, the
Finance Officer and other officers and employees of the
Parishad and for meeting other administrative expenses of
the Parishad;
(b) conducting surveys, preliminary studies and drawing
up plans/projects for the Shuk region;
(c) providing financial assistance to the participating
departments and Implementing Agencies for the
implementation of the Plan and the projects;
(d) meeting any other expenses incurred by the Parishad in
the administration of this Act.
Budget 25. The Parishad shall prepare in such form and at such time
every year, as the State Government may specify, a b udget for the next
ensuing financial year and forward the same to the State Government
at least ninety days prior to the commencement of the financial year.
Annual report 26. The Parishad shall prepare for every year a report of its
activities during th at year and submit the report to the State
Government in such form and on or before such date as the State
Government may specify and such report shall be laid before both
Houses of the State Legislature.
Accounts and
audit
27. (1) The Parishad shall ma intain proper accounts and other
relevant records and prepare an annual statement of accounts
including the balance sheet in such form as applicable to the various
State Government Departments.
(2) The accounts of the Parishad shall be subject to audit
annually by the Examiner, Local Fund Accounts and/or the State
Government may entrust the audit to the Accountant General, Uttar
Pradesh or the Comptroller and Auditor General of India or to any other
Auditor on such terms and conditions, in such manner, f or such period
and at such times as may be agreed upon between him and the State
Government.
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(3) The rights, authority and privileges of any person conducting
audit under sub-section (2) shall,-
(a) in the case of Examiner, Local Fund Accounts, be the
same as he has in connection with the audit of the accounts of
local authority;
(b) in the case of the Accountant General, Uttar Pradesh or
the Comptroller and Auditor General of India, be the same as he
has in connection with the audit of Government Accounts; and
(c) in the case of any other auditor, be as prescribed;
(4) The Parishad shall furnish, to the State Government
annually or at such times as may be directed by it, a copy of its audited
accounts together with the auditor’s report thereon.
Annual report
and Auditor’s
report to be laid
before the State
legislature
28. The State Government shall cause the annual report and
the auditor’s report to be lai d as soon as may be after their receipts,
before each House of the State Legislature while it is in session.
CHAPTER- VI
ACQUISITION AND DISPOSAL OF LAND
Acquisition of
Land for purpose
of the Act
29. (1) If, in the opinion of the State Government, any land is
required for the development or for any other purpose under this Act,
the State Government may acquire such land under the provisions of
the Rights to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30 of
2013).
(2) Where any land has been acquired by the State Government,
it may, after it has taken possession of the land, transfer the land to
the Parishad for the purpose for which the land has been acquired on
payment by the Parish ad of the compensation awarded under the Act
referred to in sub -section (1) and of the charges incurred by the State
Government in connection with the acquisition.
(3) Subject to any directions given by the State Government in
this behalf, the land ac quired by the State Government and transferred
to the Parishad may be transferred by the Parishad to such agency
owned or controlled by State Government, in such manner and subject
to such terms and conditions as it may consider expedient for securing
the development of the Shuk region after undertaking or carrying out
such development as it thinks fit for the purpose of this Act.
No change of
purpose allowed
30. No change of purpose or related purposes for which land is
originally sought to be acquired shall be allowed except for as prov ided
in the Act referred to in sub-section (1) of section 29.
Return of
unutilized land
31. When any land acquired for this Act remains unutilized it
shall be disposed of according to the provisions of the Act referred to in
sub-section (1) of section 29.
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CHAPTER- VII
MISCELLANEOUS
Provisions to be
in addition to
existing laws
32. The provisions of this Act shall be in addition to, and not in
derogation of, the provisions of any other Act or law for the time being
in force.
Power of the State
Government to
give directions
33. The State Government may, from time to time, give such
directions to the Parishad as it may think fit for the efficient
administration of this Act and the Parishad shall be bound to comply
with such directions.
Technical
Assistances to the
Parishad/Planning
and Development
Committee
34. (1) The State Government may direct any of its departments
to provide, on such terms and conditions as may be mutually agreed
upon, such technical assistance to the Parishad as it may consider
necessary.
(2) With a view to enabling the Planning and Development
Committee to disch arge its functions, the Parishad shall, out of the
technical assistance received by it under sub -section (1) make available
to the Planning and Development Committee such technical assistance
as the Planning and Development Committee may require.
Officers and
employees of the
Parishad
35. (1) The State Government may appoint two suitable persons
respectively as Additional Chief Executive Officer and the Finance
Officer of the Parishad who shall exercise such powers and perform
such duties as may be prescr ibed by regulations or delegated to them
by the Parishad or the Chief Executive Officer.
(2) Subject to such control and restrictions as may be
determined by general or special order of the State Government, the
Parishad may, subject to any rules that may be made in this behalf,
make appointments on such post and determine the designations and
grades of persons so appointed as may be necessary for the efficient
discharge of its functions under this Act.
(3) There shall be a legal advisor to advise the Parishad in legal
matters, who shall be appointed in consultation with the law
department of the State Government.
(4) The qualifications, terms and conditions of service and
functions and duties of officers and employees, appointed under sub -
section (2), shall be such as may be prescribed.
(5) The Additional Chief Executive Officer, the Finance Officer
and other Officers and employees of the Parishad shall be deputed from
any department on deputation and shall be entitled to receive the
salaries and allowances from the funds of the Parishad for a minimum
period of 3 years and maximum period of 5 years with the approval of
the State Government.
Delegation 36. The Parishad may, by general or special order, direct that
any function or power (oth er than the power to approve the Plan,
modifications and alterations therein and to make regulations), or duty
performed, exercised or discharged by it under this Act or the rules
made thereunder shall, subject to such conditions, if any, as may
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specified in such order, be performed, exercised or discharged also by
such officer as may be specified in the said order and where any such
delegation of power is made, the officer to whom such power is
delegated shall perform, exercise or discharge those powers.
Power of entry 37. Subject to any rules made in this behalf, any person
generally or specially authorized by the Parishad in this behalf, may, at
all reasonable times, enter upon any land or premises and do such
things thereon as may be necessary for the purpose of lawfully
carrying out any works or for making any survey, examination or
investigation, preliminary or incidental to the exercise of any power or
performance of any function by the Parishad under this Act:
Provided that no such person shall enter any building, or any
enclosed courtyard or garden attached to a dwelling - house without
previously giving the occupier thereof at least three days’ notice in
writing of his intention to do so.
Officers and
employees of the
Parishad to be
public servants
38. The Officers and other employees of the Parishad shall be
deemed, when acting or purport ing to Act in pursuance of any of the
provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Act no. 45 of 1860).
Protection of
action taken in
good faith
39. No suit, prosecution or other legal pr oceeding shall lie
against the Parishad, Planning and Development Committee, their
members, officers or employees including any other person authorized
by them to exercise any power or to discharge any function under this
Act for anything which is done or intended to be done in good faith
under this Act.
Power to make
rules
40. (1) The State Government may, by notification in the
Gazette, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers
such rules may provide for all or any of the following matters, namely:
-
(a) the terms and conditions of the office of the members as
required by sub-section (4) of section 3 and sub -section (3) of
section 6;
(b) the form and manner in which n otice under sub-section
(1) of section 18 and sub -section (2) of section 20 shall be
published;
(c) the manner in which notice under sub -section (1) of
section 19 shall be published;
(d) any other matter which is to be or may be prescribed or
in respect of which provision is to be or may be made by
rules.
Power to make
regulations
41. (1) The Parishad may, with the previous approval of the
State Government by notification in the Gazette make regulations not
inconsistent with this Act and the rules made th ere under to carry out
the provisions of this Act.
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(2) In particular and without prejudice to the generality of the
foregoing powers such regulations may provide for all or any of the
following matters, namely: -
(a) the manner in which and the purpose for which the
Parishad may associate with itself any person under
section 17;
(b) the terms and conditions of service of the officers and
employees of the Parishad under sub -section (4) of section
35;
(c) any other matter in respect of which provision is to be
or may be made by Regulations.
Dissolution of the
Parishad
42. (1) Where the State Government is satisfied that the
purpose for which the Parishad was establishe d under this Act have
been substantially achieved or the Parishad has failed in its objectives,
so as to render the continued existence of the Parishad in the opinion
of the State Government unnecessary, the State Government may, by
notification in the Gazette, declare that the Parishad shall be dissolved
with effect from such date as may be specified in the notification; and
the Parishad shall be deemed to have been dissolved accordingly.
(2) From the said date–
(a) all properties, fund and dues which are vested in or,
realizable by the Parishad shall vest in, or be realizable by,
the State Government;
(b) all liabilities which are enforceable against the Parishad
shall be enforceable against the State Government;
(c) for carrying out an y work which has not been fully
carried out by the Parishad and for realizing properties,
funds and dues referred to in clause (a), the functions of the
Parishad shall be discharged by the State Government.
(3) Nothing in this section shall be constru ed as preventing the
State Government from reconstituting the Parishad in acc ordance with
the provisions of this Act.
Power to remove
difficulties
43. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, for removing such difficulty, by
order published in the Gazette, direct that the provision of this Act
shall, during such period as may be specified in the order, have effect
subject to such adaptations, whether by way of modification, addition
or omission, as it may deem to be necessary and expedient.
(2) No order under sub -section (1) shall be made after the
expiration of a period of two years from the date of commencement of
this Act.
(3) Every order made under sub -section (1) shall, as soon as
may be after it is made, be laid before each house of the State
Government.
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STATEMENT OF OBJECTS AND REASONS
There has been felt a need to provide for the constitution of Shree Shuk Teerth
Vikas Parishad for the preparation of a plan for preserving, developing and maintaining
the aesthetic quality of Shuk region in all hues -cultural, ecological and architectural;
co-ordinating and monitoring the implementation of such plan and for evolving
harmonized policies for integr ated tourism development and heritage conservation and
management in the region; giving advice and guidance to any Department/Local
body/Authority in the District of Muzaffarnagar in respect of any plan, project or any
development proposal which affects or is likely to affect the heritage resources of the
Shuk region and for matters connected therewith or incidental thereto.
In view of the above, it has been decided to make a law to provide for the
establishment of Shree Shuk Teerth Vikas Parishad.
The Uttar Pradesh Shree Shuk Teerth Vikas Parishad Bill, 2023 is introduced
accordingly.
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