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The UTTAR PRADESH SHREE NAIMISHARANYA DHAM TEERTH VIKAS PARISHAD ACT, 2022

Uttar Pradesh · state statute
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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
No. 682(2)/LXXIX-V-1--22-1(ka)-17-2022
Dated Lucknow. December 13, 2022
13
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
Naimisharanya Dham Teerth Vikas Parishad Adhiniyam, 2022 (Uttar Pradesh Adhiniyam Sankhya 17 of
2022) as passed by the Uttar Pradesh Legislature and assented to by the Governor on December 13, 2022.
The Paryatan Anubhag is administratively concerned with the said Adhiniyam.
THE UTTAR PRADESH SHREE NAİMISHARANYA DНАМ ТЕERTH
VIKAS PARISHAD ACT, 2022
(U.P. Act no. 17 of 2022)
[As passed by the Uttar Pradesh Legislature]
AN
ACT
to provide for the constitution of Shree Naimisharanya Dham Teerth Vikas
Parishad for the preparation of a plan for preserving, developing and maintaining
the aesthetic quality of Naimisharanya Heritage in all hues-cultural, ecological
and architectural, co-ordinating and monitoring the implementation of such plan
and for evolving harmonized policies for integrated tourism development and
heritage conservation and management in the region, giving advice and guidance
to any Department/Local body/Authority in the District of Sitapur/Hardoi in
respect of any plan, project or any development proposal which affects or is likely
to affect the heritage resources of the Naimisharanya region and for matters
connected therewith or incidental thereto.
follows:-
IT IS HEREBY enacted in the Seventy third Year of the Republic of India
CHAPTER-1
PRELIMINARY
1. (1) This Act may be called the Uttar Pradesh Shree Naimisharanya
Dham Teerth Vikas Parishad Act, 2022.
as
(2) It extends to the Naimisharanya region situated within the revenue District
of Sitapur and Hardoi in Uttar Pradesh. The area under Naimisharanya include thirty six
villages from Sitapur with an area of 8511.284 Hectare and includes eleven destinations.
Out of which seven destinations comes under Sitapur district, these are Corona,
Jarigwan, Naimisharanya, Devgawan, Madruba, Kołhuwa Barethi and Mishrit and four
locations are under the Hardoi District, which are Haraiyya, Nagwa Kothawan,
Girdharpur Umrari and Sakshi Gopalpur. The entire circuit is of 209 Miles or 84
Kosh.The thirty six villages are Arbapur, Sahsiamau, Thakurnagar, Lakariamau,
Bhitauli, Narsighauli, Madhwapur, Narayanpur, Parsauli, Sanjarabad, Gharwanspara
Kalan, Gharwanspara Khurd, Mishrikh, Sarai Bibi, Jasrathpur, Karamsepur,
Lashkarpur, Roop Pur, Uttardhauna, Kharagpur, Kalli, Loknapur, Karkhila, Mareli,
Tarsawan, Lohangpur, Bijangrant, Binaura, Bhanpur, Atwa, Manikapur, Lekhnapur.
Laximan Nagar, Naimisharanya, Bhairampur and Azeezpur.
(3) It shall come into force on such date as the State Government may, by
notification in the Gazette, appoint.
Short title.
extent and
commencement
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14
Definitions
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
2. In this Act, unless the context otherwise requires,-
(a) "Chief Executive Officer" means the Chief Executive Officer of
the Parishad appointed under section 4;
(b) "Executive Committee" means the Executive Committee
constituted under sub-section (1) of section 5;
(c) "Executive Vice-Chairperson" means the Executive Vice-
Chairperson of the Parishad appointed under section 4.
(d) "Implementing agency" means a department of the State
Government or a public undertaking under the jurisdiction of the State
Government or the Government of India chosen for preparation and/or
implementation of any Project plan;
(e) "Land" includes benefits to arise out of land and things attached to
the earth or permanently fastened to anything attached to the earth:
(f) "Local body" means a Development Authority, Municipal Body or
any other local authority concerned with the urban development within the
Naimisharanya region 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 there of;
(h) "Naimisharanya Region" means the whole of the area within the
révenue district of Sitapur and Hardoi in Uttar Pradesh which consists of
84 Kosh Parikarma area:
(i) "Parishad" means the Shree Naimisharanya Dham Teerth Vikas
Parishad constituted under section 3;
(j) "Participating Department" means the State Government
Departments or a Local Body in Sitapur/Hardoi District whose activitics
have or are likely to have bearing on the functions of the Parishad;
(k) "Plan" means the Shree Naimisharanya Dham Teerth Vikas Plan:
(1) "Planning and Development Committee" means the Planning and
Development Committee constituted under section 6;
(m) "Project Plan" means a dctailed plan prepared to implement one
or more elements to the Plan;
Act;
(n) "Regulations" means regulations made by the Parishad under this
(o) "Shree. Naimisharanya Dham Teerth Vikas Plan" means the plan
prepared under this Act for the development of the Naimisharanya region
and for the development of infrastructure facilities for tourism and culture
specially for religious activities and Spiritual Tourism. The function of the
trust would be for conservation of the Heritage, both tangible and intangiblc,
in the Naimisharanya region;
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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
CHAPTER II
The Shree Naimisharanya Dham 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 Naimisharanya Dham Teerth Vikas
Parishad.
Constitution and
incorporation of
Shree
Naimisharanya
Dham Teerth
Vikas Parishad
(2) The Parishad shall be.a body.corporate.
(3) The Parishad shall consist of the following members, namely: -
(a) the Chief Minister, Uttar Pradesh who shall be the Chairperson of
the Parishad:
(b)Vice-Chairperson- The Minister of Tourism Department
Government of Uttar Pradesh.
(c) Executive Vice-Chairperson- Appointed by the Chief Minister of
Uttar Pradesh.
(d) Member Co-ordinator-The Principal Secretary to Government of
Uttar Pradesh in the Department 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 Principal 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 Government of Uttar Pradesh in the
Department of Environment, Forest and Climate change, ex officio;
(1) The Principal Secretary to the Government of Uttar Pradesh in the
Department of Public Works, ex officio:
(m) The Commissioner, Lucknow Division, Lucknow, ex officio:
(n) The District Magistrate, Sitapur, 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 Executive Officer Naimisharanya Nagar Palika Parishad,
ex officio;
and(r) Five eminent persons having knowledge, experience, exposure
track record of efforts for the conservation of heritage of Naimisharanya
region, to be nominated by the Chairperson in consultation with the State
Government:
(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 (s) and (t) of sub-section (3) shall be such as may be prescribed.
4. (1) There shall be an Executive Vice-Chairperson of the Parishad to be
appointed by the Chief Minister of Uttar Pradesh.
The Executive
Vice-
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Chairperson and
the Chief
Executive
Officer
15
16
The Executive
Committee
Composition of
the Planning and
Development
Committee
उत्तर प्रदेश असाधारण गजट,13 दिसम्बर, 2022
(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 shail
be entitled to receive from the fund of the Parishad such salaries and allowances and
be governed by such conditions of service as may be determined by general or special
order of the State Government 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 shall be supported by Assistant Chief
Executive Officer who shall be of the rank of Additional District Magistrate. The
Chief Executive Officer shall 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 emoluments
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 staffs as per the requirement.
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 Vice-Chairperson.
the
(2) The Parishad shall, in its next mecting, review the minutes of the
Executive Committee and may modify, reject or rectify the action taken by
Executive Committee.
6. (1) The Parishad shall, as soon as may be after the commencement of this
Act, constitute a Planning and Development Committee, for assisting the Parishad in
the discharge of its functions.
(2) The Planning and Development Committee shall consist of the following
members, namely: -
(a) the District Magistrate, Sitapur, who shali be the Chairperson,
ex officio;
(b) the Chief Executive Officer, who shall be the member secretary.
(c) the Senior Superintendent of Police, Šitapur, ex officio:
(d) the Chicf Development Officer, Hardoi, ex officio:
(e) the Additional Superintendent of Police, Hardoi, ex officio:
(f) the Executive Officer, Naimisharanya Nagar Palika Parishad,
ex officio:
(g) Sahyukt Niyojak, Nagar evam Gram Niyojan Vibhag, Lucknow,
Uttar Pradesh, ex officio:
(h) the Superintending Engineer, Public Works Departments, Sitapur.
ex officio:
(i) the Superintending Engineer, Irrigation Work División, Irrigation
and Water Resources Department, Sitapur, ex officio;
(j) the Superintending Engineer, Madhyanchal Vidyut Vitran Nigam
Limited (Urban and Rural), Sitapur, ex officio;
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C
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
(k) the Superintending Engineer, Uttar Pradesh Jal Nigam, Sitapur,
ex officio;
(1) the Divisional Forest Officer, Sitapur, ex officio;
(m) the Regional Officer, Pollution Control Parishad, Sitapur,
ex officio;
(n) the Superintendent Archaeologist, Lucknow, ex officio:
(o) the Regional Tourist Officer, Lucknow, ex officio:
(p) a Landscape Designer and interpretive planner, to be nominated by
the State Government;
(q) an Environmentalist to be nominated by the State Government;
(r) an Eminent historian having experience in the cultural and
mythological history of the State, to be nominated by the State Government;
(s) a Litterateur or an Artist of repute having experience of the State,
to be nominated by the State Government;
(t) an Eminent lawyer, to be nominated by the State Government;
(u) two eminent public representative or Social Worker, to be
nominated by the State Government;
(3) The terms and conditions of office of the members nominated under
clauses (p), (q), (r), (s), (t) and (u) of sub-section (2) shall be such as may be
prescribed.
7. (1) The Parishad or the Planning and Development Committee may meet Power to
at any time and for such period as it thinks fit, co-opt any person or persons as a co-opt
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 but shall not be entitled to vote.
8. The headquarter ofthe Parishad shall be at Sitapur.
9. The Parishad shall'meet at such times and at such place as may be
determined by it from time to time.
10. The Planning and Devclopment Committee shall meet at such times as
may be decided by the Chairperson of the Planning and Development Committee or
directed by the Vice-Chairperson of the Parishad but the time between two
consecutive meetings shall not exceed sixty days.
11. No act or proceeding of the Parishad or of the Planning and
Development Committee shall be invalid merely by reason of the existence of any
vacancy in, or any defect in the constitution of the Parishad or the Planning and
Development Committee as the case may be.
12. The quorum for the meetings of the Parishad and the Planning and
Development Committee shall comprise of 2/3rd of the members.
CHAPTER III
Powers and Functions of the Parishad and of the Planning and Development
Committee
13. The powers of the Parishad shall include the powers to,-
(a) call for reports and information from the Participating Departments
with 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 Naimisharanya Culture and
Architecture;
(c) indicate the stages for the implementation of the Plan;
(d) review the implementation of the Plan and the Projects;
Headquarters of
the Parishad
Meetings of the
Parishad
Meetings of the
Planning and
Development
Committee
Vacancies, etc.
not to invalidate
proceedings of
the Parishad or
the Planning and
Development
Committee
Quorum of the
meeting
Power of the
Parishad
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17
18
Functions of the
Parishad
Functions of the
Planning and
Development
Committee
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
(e) select and approve comprehensive projects from the participating
Departments, call for priority development and provide such assistance for
the implementation of those projects as the Parishad may deem fit;
(f) levy fee or charges for providing services and facilities or for
maintenance and development thereof from the tourists:
the(g) suo-moto take up any work/project to promote and secure
development, re-development and beautification of any area in the entire
Naimisharanya 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;
(i) entrust to the Planning and Development Committee such other
functions as it may consider necessary to carry out the provisions of this Act.
14. The functions of the Parishad shall be,-
(a) to prepare the Plan:
(b) to arrange for the preparation of projects by any of the Participating
Departments (All departments of State Government);
the
(c) to co-ordinate the enforcement and implementation of the Plan and
Projects through any one or more of the Participating Departments or
Implementing Agencies;
(d) to ensure proper and systematic programming by the participating
departments regarding project formulation, determination of priorities in the
Naimisharanya region and phasing of development of infrastructural
facilities for tourism and conservation of the Naimisharanya Heritage
accordance with stages indicated in the Plan;
in
in
(e) to make concerted efforts towards enhancing awareness and interest
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 Naimisharanya Region, to undertake
measures for pollution control therein and development of river fronts and
water bodies;
(h) to formulate Architectural Regulations to bring about uniformity of
the buildings and structures in conformity with the heritage architecture of
the region;
for
(i) to formulate policies to ensure co-ordination between various
stakeholders Government Departments, Local Bodies. Temple
Management/Trusts, Self Help Groups, Researchers and Scholars
integrated development of tourism infrastructure and Activities/projects
strengthening, protecting, preserving and promoting the rich cultural heritage
of the Naimisharanya region;
for
(j) to arrange for, and oversee, the financing of selected development
projects in the Naimisharanya 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 Naimisharanya region to
promote harmony in actions.
15. (1) The functions of the Planning and Development Committee shall be
to assist the Parishad in, -
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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
(a) the preparation and co-ordinated implementation of the Plan and the
Projects with the various departments in a synchronised way;
an
(b) Scrutinizing the projects of the Participating Department or
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 Naimisharanya Region Plan;
(e) performing such other functions, in connection with
administration of this Act, as may be entrusted to it by the Parishad.
the
(2) Different Government departments in the District having departmental
of
budget sanctions and other implementing Agencies shall also co-ordinate with the
Planning and Development Committee to ensure convergence and co-ordination
their schemes/Projects with thosc which are under the Plan.
CHAPTER IV
The Plan and the Project Plans
16 (1) The Plan shall be a written statement and shall be accompanied by
such maps, diagrams, illustrations, and descriptive matters, as the Parishad may deem
appropriate for explaining or illustrating the proposals contained in the Plan and every
such maps, diagrams, illustration, and descriptive matters shall be deemed to be a part
of the Plan;
(2) The Plan shall indicate the way the development activities in the
Naimisharanya Region or conservation and such other matters, as areare likely to have
any important influence on the development of the tourism in Naimisharanya Region
and conservation of Naimisharanya Heritage shall be undertaken. In this connection
first task is to draw a Master Plan for the development of Naimisharanya 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 ofthe Plan, namely-
(a) The policy to regulate land-use and the allocation of land
different uses;
for
(b)The proposals for major Urban settlement pattern and architectural
regulations
(c) The proposals for providing suitable economic base for future
growth;
(d) The proposals regarding transport and communication including
railways and arterial roads serving the region including local transport;
(e) The proposal for the supply of urban services like drinking water,
sewerage and drainage;
(f) Indication of the arcas which require immediate development
priority areas;
as
in
(g) The proposals towards enhancing awareness and interest
intangible cultural heritage, and document, conserve, safeguard, promote,
display and disseminate it systematically;
Contents of the
Plan
(h) Such other matter as may be included by the Parishad
consultation with the concerned participating departments for the proper
planning for the growth and balanced development of the Naimisharanya
Region.
in
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19
20
Surveys and
Studies
Procedure to be
followed for
preparation of
the Plan
Date of coming
into operation of
the Plan
Modifications of
the plan
Review and
revision of the
Plan
Preparation of
the Project Plan,
co-ordination
and convergence
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
17. For the preparation of the Plan, the Parishad may cause such surveys
and studies as it may consider necessary to be made by such participating
development or persons as it may appoint in this behalf and may also associate such
experts or consultants for carrying out studies in relation to such specific matters as
may be determined by it.
18. (1) Before finalising the Plan, the Parishad shall prepare with the
assistance of the Planning and Development Committee a Plan in draft and publish it
by making a copy thercof available for inspection and publishing a notice in such
form and in such manner as may be prescribed inviting objections and suggestions
from any person with respect to the draft Plan before such date as may be specified in
the notice.
(2) The Parishad shall alse give reasonabie opportunities to every Local
Authority/ Deparument. within whose local linits any land affected in any manner by
the Plan is situated, to make any representation with respect to the drafi Plan.
(3) After considering all objections, suggestions and representations that
have been received by the Parishad, the Parishad shall finally prepare the Plan.
19. (1) Immediately after the Plan has been finally prepared, the Parishad
shall publish, in such manner as may be prescribed, a notice stating that the Plan has
been finally prepared by it and naming the places where a copy of the Plan may be
inspected at all reasonable hours and upon the date of first publication of the aforesaid
notice, the Plan shall come into force and will be deemed to have been duly prepared.
20. (1) The Parishad may, subject to the provisions of sub-section (2) make
such modifications in the Plan, as it may think fit, which in its opinion do not affect
important character of the Plan and which do not relate to the extent of land uses or
the standards of population density.
(2) Before making any modification in the finally prepared plan, the
Parishad shall publish a notice in such form and in such manner as may be prescribed
indicating therein the modifications which are proposed to be made in the finally
prepared Plan, and inviting objections and suggestions from any person with respect
to the proposed modifications before such date as may be specified in the notice and
shall consider all objections and suggestions that may be received by it on or before
the date so specified.
(3) Every modification made under this section shall be published in such
manner as the Parishad may specify and the modification shall come into operation
either on the date of such publication or on such later date as the Parishad may fix.
(4) If any question arises whether the modification proposed to be made are
modifications which affect important character of the Plan, it shall be decided by the
Parishad whose decision thereon shall be final.
21. (1) After every five year from the date of coming into operation of the
finally prepared Plan, the Parishad shall review such Plan in its entirety and may, after
such review, substitute it by a fresh Plan or may carry out such modifications or
alterations therein as may be found by it to be necessary 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 ås 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.
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 with the schemes/projects under the Plan.
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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
CHAPTER V
Finance, Accounts and Audit
23. The State Government may, after due appropriation made by Legislature
by law in this behalf, make to the Parishad grants, advances and loans of such sums of
money as it may consider necessary to enable the Parishad to carry out its functions
under this Act.
Grants.
advances and
loans by the
Government
24. (1) There shall be constituted a Fund to be called the Shree Constitution of
Naimisharanya DhamVikas Parishad Fund, to be maintained in a separate bank the fund
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;
(by all sums paid to the Parishad by the Participating departments:
(c) sums received from other sources such as Temple Trusts, donations
from Non-Government Organization, companies, firms and individuals, ete.;
(d) any other sums received by the Parishad from such other sources as
may be decided upon by the State Government in consultation with the
Parishad.
(2)
applied for-
The sums credited to the Fund referred to in sub-section (1) shall bc
(a) meeting the salaries, allowances and other remuncration 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 Naimisharanya 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.
25. The Parishad shall prepare in such form and at such time every year, as
the State Government may specify, a budget for the next ensuing financial year and
forward the same to the State Government at least ninety days prior to the
commencement of the financial year.
26. The Parishad shall prepare for every year a report of its activities during
that year and submit the report to the State Government in such form and on or before
such date as the State Government may specify and such report shall be laid before
both Houses of the State Legislature.
27. (1) The Parishad shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts including the balance sheet in
such form as the State Government may specify.
(2) The accounts of the Parishad shall be subject to audit annually by the
Examiner, Local fund Accounts and/or the State Government may entrust the audit to
the Accountant General, Uttar Pradesh or the Comptroller and Auditor General of
India or to any other Auditor on such terms and conditions, in such manner, for such
period and at such times as may be agreed upon between him and the State
Government.
(3) The rights, authority and privileges of any person conducting audit under
sub-section (2) shall,
(a) in the case of Examiner, Local Fund Accounts, be the same as he
has in connection with the audit of the accounts of local authority;
(b) in the case of the Accountant General, Uttar Pradesh or 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, as may be prescribed.
Budget
Annual Report
Accounts and
audit
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Annual report
and Auditor's
report to be laid
before the State
Legislature
Acquisition of
Land for the
purpose of the
Act
No change of
purpose allowed
Return of
unutilized land
Provisions to be
in addition to
existing laws
Power of the
State Government
to give directions
Technica]
Assistances to the
Parishad/Planning
and Development
Committee
Officers and
employees of
the Parishad
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
(4) The Parishad shall furnish, to the State Government annually or at such
times as may be directed by it, a copy of its audited accounts together with the
auditor's report thereon.
28.: The State Government shall cause the annual report and the auditor's
report to be laid as soon as may be after their receipts, before each House of the State
Legislature while it is in session.
CHAPTER VI
Acquisition and Disposal of Land
29. (1) If, in the opinion of the State Government, any land is required for
the development or for any other purpose under this Act, the State Government may
acquire suchi land under the provisions of the Rights to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act
no. 30 of 2013].
(2) Where any land has been acquired by the State Government, it may, after
it has taken possession of the land, transfer the land to the Parishad for the purpose for
which the land has been acquired on payment by the Parishad of the compensation
awarded under the Act referred to in sub section (1) and of the charges incurred by the
State Government in connection with the acquisition.
directions given by the State Government in this behalf,(3) Subject to any
the land acquired by the State Government and transferred to the Parishad may be
transferred by the Parishad to such agency owned or controlled by State Government,
in such manner and subject to such terms and conditions as it may consider expedient
for securing the development of the Naimisharanya region after undertaking or
carrying out such development as it thinks fit for the purpose of this Act.
30. No change of purpose or related purposes for which land is originally
sought to be acquired shall be allowed except for as provided in the Act referred to in
sub section (1) of section 29.
31: When any land acquired for 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.
CHAPTER VII
Miscellaneous
32. The provision of this Act shall be in addition to, and not in derogation of,
the provisions of any other Act or law for the time being in force.
33. The State Government may, from time to time, give such directions to
the Parishad as it may think fit for the efficient administration of this Act and the
Parishad shall be bound to comply with such directions.
34. (1) The State Government may direct any of its departments to provide.
on such terms and conditions as may be mutually agreed upon, such technical
assistance to the Parishad as it may consider necessary.
(2) With a view to enabling the Planning and Development Committee to
discharge its functions, the Parishad shall. out of the technical assistance received by
it under 'sub-section (1) make available to the Planning and Development Committee
such technical assistance as the Planning and Development Committee may require.
35. (1) The State Govermment may appoint two suitable persons respectively
as Additional Chief Executive Officer and the Finance Officer of the Parishad who
shall exercise such powers and perform such duties as may be prescribed by
regulations or delegated to them by the Parishad or the Chief Executive Officer.
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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
(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 persóns 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
may be prescribed.
as
(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.
36. The Parishad may, by general or special order, direct that any function or
power (other than the power to approve the Plan, modifications and alterations therein
and to make regulations), or duty performed, exercised or discharged by it under this
Act or the rules made there under shall, subject to such conditions, if any, as may
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.
37. Subject to any rules made in this behalf, any person generally or
specially authorized by the Parishad in this behalf, may, at all reasonable times, enter
upon any land or premises and,do such things thereon as may be necessary for the
purpose of lawfully carrying out any works or for making any survey, examination or
investigation, preliminary or incidental to the exercise of any power or performance of
any function by the Parishad under this Act:
Provided that no such person shall enter any building, or any enclosed
courtyard or garden attached to a dwelling- house without previously giving the
occupier thereof at least three days' notice in writing of his intention to do so.
38. The Officers and other employees of the Parishad shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act, to be
public servants within the meaning of section 21 of the Indian Penal Code [Act No. 45
of 1860].
39. No suit, prosecution or other legal proceeding shall lie against the
Parishad, Planning and Development Committee, their members, officers or
employees including any other person authorized by them to exercise any power or to
discharge any function under this Act for anything which is done or intended to be
done in good faith under this Act.
40. (1) The State Government may, by notification in the Gazette, make
rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers such rules
may provide for all or any of the following matters, namely: -
(a) the terms and conditions of the office of the members as required
by sub-section (4) of Section 3 and sub section (3) of Section 6;
(b) the form and manner in which notice under sub-section (1) of
Section 18 and sub section (2) of Section 20 shall be published;
(c) the manner in which notice under sub-section (1) of Section
shall be published;
19
(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.
Delegation
Power of entry
Officers and
employees of
the Parishad to
be public
servants
Protection of
action taken in
good faith
Power to make
rules
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Power to make
regulations
Dissolution of
the Parishad
Power to
remove
difficulties
उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
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 madé thereunder to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers such regulations may provide for all or any of the following matters, namely:-
(a) the manner in which and the purpose for which the Parishad may
associate with itself any person under section 17;
(b) the terms and conditions of service of the officers and employces 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.
42. (1) Where the State'Government is satisfied that the purpose for which
the Parishad was established under this Act have been substantially achieved or the
Parishad has failed in its objectives, so as to render the continued existence of the
Parishad in the opinion of the State Government unnecessary, the State Government
may, by notification in the Gazette, declare that the Parishad shall be dissolved with
effeet 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
enforceable against the State Government;
be
(c) for carrying out any work which has not been fully carried out by
the Parishad and for realizing properties, funds and dues referred to in clause
the functions of the Parishad shall be discharged by the State
Government.
(a).
(3) Nothing in this section shall be construed as preventing the State
Government from reconstituting the Parishad in accordance with the provisions of this
Act.
43. (1) If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, for removing such difficulty, by order published in the
Gazette, direct that the provision of this Act shall, during such period as may be
specified in the order, have effect subject to such adaptations, whether by way of
modification, addition or omission, as it may deem to be necessary and expedient.
(2) No order under sub-section (1) shall be made after the expiration of a
period of two years from the date of commencement of this Act.
(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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उत्तर प्रदेश असाधारण गजट, 13 दिसम्बर, 2022
STATEMENT OF OBJECTS AND REASONS
25
For preserving, developing and maintaining the aesthetic quality of Naimisharanya Heritage in all
hues-cultural, ecological and architectural, there has been felt a need to provide for the constitution of
Shree Naimisharanya Dham Teerth Vikas Parishad for the preparation and implementation of plan,
evolving harmonized policies for integrated tourism development and heritage conservation and
management in the region, giving advice and guidance to any Department/Local body/Authority in the
District of Sitapur/Hardoi in respect of any plan, project or any development proposal which affects or is
likely to affect the heritage resources of the Naimisharanya region, it has been decided to make a law to
provide for the establishment of Shree Naimisharanya Dham Teerth Vikas Parishad.
The Uttar Pradesh Shree Naimisharanya Dham Teerth Vikas Parishad Bill, 2022 is introduced
accordingly.
By order,
ATUL SRIVASTAVA,
Pramukh Sachiv.
पी०एस०यू०पी० ए०पी० 1096 राजपत्र 2022- (1733)-599 प्रतियां (कम्प्यूटर /टी० / ऑफसेट) ।
पी०एस०यू०पी० ए०पी० 102 सा० विधायी-2022 (1734)-300 प्रतियां (कम्प्यूटर / टी० / ऑफसेट) ।
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