The UTTAR PRADESH KANS ERADICATION ACT, 1951

  
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 UTTAR PRADESH KANS ERADICATION ACT, 19511 
[ U. P. ACT NO. XXII of 1951 ] 
 [ Passed in Hindi by the Uttar Pradesh Legislative Assembly 
on September 6, 1951, and by the Uttar Pradesh Legislative 
Council on September 17, 1951. 
Received the assent of the Governor on October 3, 1951, 
under Article 200 of the Constitution of India and was published in 
the Uttar Pradesh Gazette Extraordinary, dated October 15, 
1951.] 
 AN 
ACT 
to provide for eradication of ‘kans’ weed in certain area of 
Uttar Pradesh. 
 WHEREAS it is expedient to provide for eradication of kans 
weed in certain areas of Uttar Pradesh.  
It is hereby enacted as follows :– 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Kans Eradication 
Act, 1951. 
(2) It extends to the whole of the Uttar Pradesh.  
 (3) It shall come into force on such date2 as the State 
Government may, by notification in the official Gazette, specify in this 
behalf. 
Definitions  2. In this Act, unless there is anything repugnant in the subject 
or context, — 
(a) “Kans eradication operations” mean such operations as are 
considered necessary by the Kans Officer to eradicate the weed known 
as kans ; 
 (b) “Kans area” means the area which the State Government 
may, by notification, under sub-section (1) of section 3 declare to be an 
area infested with kans ; 
 (c) “Kans Officer” means the Collector of the district and 
includes any other Officer authorized by the State Government or by 
the Kans Officer, to exercise all or any powers conferred upon him 
under this Act ;  
 (d) “Prescribed” means prescribed by rules under this Act ;  
(e) “State Government” means the Government of Uttar Pradesh. 
Declaration of 
‘Kans’ area 3. (1) If the State Government is of the opinion that any area is 
infested  with  kans,  it may,  by notification  published  in  the  official  
 
 
—————————————————————————————————————————— 
1.  For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated September 4, 1951. 
2.  It will come into force with immediate effect vide notification no. C-5128/XII-A, dated October 29, 1951. 
[Uttar Pradesh Kans Eradication Act, 1951]  
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 Gazette, declare such area, giving full particulars of the lands included 
therein to be a kans area for the purpose of this Act. 
 (2) The publication of notification under sub-section (1) shall be 
a sufficient notice of the facts stated therein to all persons owing or 
having interest in the land or lands comprised in such area.  
Cancellation of 
notification 
under section 3  
4. If any person interested in any land included in the kans 
area files an objection within 30 days of the notification under section 3 
that the kans area or any part thereof ought not to be taken up for 
kans eradication operations for the reasons to be stated by the 
objector, the State Government may, after making such enquiries as 
may be necessary, cancel the notification either in respect of the entire 
area, where upon the area shall cease to be kans area or in respect of 
the part whereupon such part shall cease to be included in the kans 
area.  
Power to 
survey and 
carry on ‘kans’ 
eradication 
operations 
5. (1) After 30 days of the date of publication of the notification 
under sub-section (1) of section 3 in respect of any area, and where 
any objection has been filed under section 4 after the disposal of such 
objection, it shall be lawful for the Kans Officer and his subordinates 
or workmen authorized by him in this behalf to — 
 (a) enter upon and survey and take levels of any land in the 
kans area ;  
(b) to dig or bore into the sub-soil of any such land ;  
 (c) to set out the boundaries of the lands included in the kans 
area ; and  
(d) to do all acts necessary for the purpose of kans eradication 
operations therein.  
 (2) The work relating to kans eradication operations shall be 
completed within one year from the date of publication of notification 
under section 3.  
 (3) Where kans eradication operations have been completed in 
all the lands included in any kans area the State Government shall 
publish a notification in the official Gazette to that effect and 
thereupon the kans eradication operations shall be deemed to have 
been closed and from the date the area shall cease to be a kans area.  
Owners and 
other persons 
not to obstruct 
the operations  
6. (1) Any person owing or having an interest in the land 
included in the kans area shall not during the period of kans 
eradication operations do any act on or upon such land so as to 
hamper or obstruct the kans eradication operations.  
 (2) If any person hampers or obstructs the kans eradication 
operations, he shall be liable on conviction to a fine not exceeding  
Rs. 1,000.  
 (3) The kans officer shall maintain the accounts in the 
prescribed manner of all expenditure incurred in connexion with kans  
[Uttar Pradesh Kans Eradication Act, 1951]  
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 eradication, operations and the same shall be receivable as evidence of 
facts stated therein and shall not be called in question in any suit or 
other legal proceeding. 
Cost of the 
kans 
operations  
7. (1) The total expenditure incurred by the State Government 
on kans eradication operations on the land in the kans area (hereinafter 
called the cost of kans operations) shall be equitably apportioned, 
according to the area of the land from which Kans has been eradicated, 
by the kans officer as between the several owners or persons having 
interest in the land or lands in the kans area and the kans Officer shall 
fix the amount to be paid by each such owner or person and the 
amount so fixed shall be a charge on the land to which it relates. The 
amount so fixed shall not be called in question in any suit or other legal 
proceeding.  
 (2) The kans Officer shall further determine whether the amount 
apportioned under sub-section (1) shall be paid by the person owning or 
having an interest in the land in one lump sum or by annual 
installments, and where it directs annual installments, he may fix the 
amount and number of such installments.  
 (3) The kans Officer shall cause to be served on the person 
owning or having an interest in the land in which kans operations have 
been carried on a notice of demand specifying the amount of cost of 
kans operations payable by him and the period within which it shall be 
paid. If the person upon whom the notice is served refuses to pay or 
defaults in payment of any installment, the amount shall be recoverable 
as if it were an arrear of land revenue. 
Return of the 
‘kans’ lands 8. Upon payment or recovery of the cost of kans operations 
specified in the notice under sub-section (3) of section 7 or upon 
execution of a bond for payment of the same by annual installments 
fixed under sub-section (2) of the said section the Kans Officer shall 
restore the land included in the kans area to such owner or other 
person.  
Compensation 
for damages  9. (1) Any person may, within thirty days from the date of issue 
of notification under sub-section (3) of section 5, apply to the Kans 
Officer for payment of compensation for destruction of, or damage to 
any tree, harvest and other things, as may be prescribed, in his land as 
a result of kans eradication operations carried on under section 5 and 
for the loss of harvest from cultivated land entered upon under the said 
section.  
 (2) On the receipt of such application the kans Officer may in the 
manner prescribed make such enquiry as may be necessary and grant 
such amount of compensation as may appear to be just and proper. The 
order of the kans Officer granting compensation shall be final and 
conclusive.  
Power of Kans 
Officer to 
enforce 
compliance  
10. The Kans Officer may take or cause to be taken such steps 
or use or cause to be used such force as may in his opinion be reasonably 
necessary for securing compliance with the provisions of this Act.  
[Uttar Pradesh Kans Eradication Act, 1951]  
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Persons 
acting under 
the Act to be 
public 
servants 
11. All persons acting in pursuance of the provisions of this Act 
shall be deemed to be public servants within the meaning of that 
expression in the Indian Penal Code, 1860.  
Protection of 
persons 
acting in good 
faith  
12. No suit, prosecution or other legal proceedings shall be 
instituted against the Government or any person for anything which is 
in good faith done or intended to be done under this Act.  
Delegation of 
powers 13. The State Government may, by notification in the Gazette, 
delegate to any officer or authority subordinate to it, any of the powers 
conferred by it under this Act to be exercised subject to such 
restrictions and conditions as may be specified in the notification.    
Power to 
make rules  14. (1) The State Government may, by notification, make rules 
for carrying out the purpose of this Act.  
(2) Without prejudice to the generality of the foregoing powers, 
such rules may provide for — 
 (a) the form and the manner of publication of the notification 
to be published under section 3 ;  
(b) the manner in which objections shall be filed and heard 
under section 4 ;  
 (c) the manner in which and the matters on which enquiry 
shall be made under section 4 ;  
(d) the scheme and programme of kans eradication 
operations for the purposes of section 5 ;  
 (e) the form of the notification under sub-section (3) of 
section 5; 
(f) the circumstances under which and the purposes for 
which permission may be granted under section 6 ;   
 (g) the matters relating to the maintenance of accounts 
under sub-section (3) of section 6 ;  
(h) the manner in which the cost of kans operations shall be 
determined, apportioned and paid under section 7 ;  
 (i) the adjustment of the cost of kans operations against the 
income, if any, from the sale proceeds of the products or produce 
from land included in the kans area ;  
 (j) the form of the notice under sub-section (3) of section 7 
and the manner in which it shall be served ;  
(k) the form of the bond to be executed under section 7 ;  
(l) the factors to be taken into consideration for 
determination of the compensation under section 8 ;  
 (m) the procedure to be followed in the proceedings relating 
to compensation under section 8 and the appeals relating 
thereto ; and  
 (n) the guidance generally of the Kans Officer and other 
Officers in any matter connected with the carrying out of the 
provisions of this Act. 
 
 
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