The UTTAR PRADESH UPAHAR VASTU ADHINIYAM, 1970

 
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THE UTTAR PRADESH UPAHAR VASTU ADHINIYAM, 19701 
(U. P. ACT No. 18 OF 1970) 
(Authoritative English Text of the Uttar Pradesh Uphar Vastu 
Adhiniyam, 1970) 
(Passed in Hindi by the Uttar Pradesh Legislative Council on 
March 10, 1970 and by the Uttar Pradesh Legislative Assembly on 
April 30, 1970) 
(Received the Assent of the Governor on May 19, 1970, under 
Article 200 of the Constiution of India and was published in the 
Uttar Pradesh Gazette Extraordinary, dated May 22, 1970)  
AN 
ACT 
to provide for the prohibition of and punishment for 
unlawful possession of or dealing with goods supplied for relief 
and other charitable purposes by international organisations.  
IT IS HEREBY enacted in the Twenty -first Year of the 
Republic of India as follows:- 
Short title and 
extent 
1. (1) This Act may be called the Uttar Pradesh Upahar Vastu 
Adhiniyam, 1970.  
(2) It extends to the whole of Uttar Pradesh. 
Definitions 
 
2. In this Act, unless the context otherwise requires :- 
 (a) "gift goods" means any of the goods specified in Schedule I, 
supplied by way of gift by any relief organisa tion to the Government o f 
India or to t he State Govern ment or to any person on behalf of the 
Government of India or the State Government; 
 (b) "relief organisation" means any organisation specified in 
Schedule II; and  
(c) "State Government" means the Government of Uttar 
Pradesh. 
Punishment 
for 
unauthorised 
possession of 
or dealing with 
gift goods 
3. Whoever without reasonable cause is in possession of for 
deals with any gift goods otherwise than in conformity with the scheme 
relating to the supply, distribution and custody of such goods shall on 
conviction be liable to be punished with imprisonment for a term whic h 
may extend to two years or with fine or with both.  
Explanation-Ignorance of the identity of the goods being gift 
goods shall not by itself be deemed to be reasonable cause for the 
purposes of this section. 
Offences to be 
cognizable, 
and triable by 
First Classs 
Magistrate 
4. (1) Any police officer may arrest without warrant any person 
who is reasonably suspected of having committed any offence 
punishable under this Act. 
 
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1. For statement of Objects and Reasons, please see Uttar Pradesh Gazette Extraordinary, dated March 4, 
1970. 
[The Uttar Pradesh Upahar Vastu Adhiniyam, 1970] 
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 (2) No court inferior to that of a Magistrate of the first class shall 
try any such offence.  
Power to 
order 
forfeited 
5. Any court trying an off ence punishable under section 3  may 
direct that any property in respect of which the court is satisfied that 
such offence has been committed shall be forfeited to Government. 
Offence by 
companies 
6. (1) If the person committing an offence punishable under this 
Act is a company, every person who at the time the Offenc panies 
offence was committed was in charge of and w as  responsible to the 
company for the conduct of 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 punishment if he proves that the offence was 
committed without his knowledge or that he exercised all due diligence 
to prevent the commission of such offence. 
 (2) Notwithstanding anything contained in su b-section (1). 
where any such offence has been committed by a company and it is 
proved that the offence has been committed with the consent or 
connivance of any managing agent, secretaries and treasurers, director, 
manager, secretary or other officer of th e company, such managing 
agent, secretaries and treasurers, director, manager, secretary or other 
officer 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 or 
other association of individuals; and  
(b) "director", in relation to a firm, means a partner in the firm. 
Power to 
amend 
Schedules 
7. (1) The State Government may,  by notifica tion in the 
Gazette,– 
 (i) add any goods to, or omit any goods from. Schedule I; 
(ii) add any organisation to, or omit any organisation from, 
Schedule II; 
and on the publication of such notification such goods or organisation 
shall be deemed to be include d in or, as the case may be, omitted from 
such Schedule. 
 (2) Every notification issued under sub-section (1) shall, as soon 
as may be after it is issued, be laid before each House of the State 
Legislature while it is in session, for a total period of fou rteen days, 
extending in its one session or more than one successive sessions and 
shall, unless some later date is appointed by the State Government, 
take eff ect from the date of its publi cation in the Gazette, subject  to 
such modifications or annul ments as the two Houses may during the 
said period agree to make, so, however, that any such modifications or 
annulments shall be without prejudice to the validity of anything 
previously done thereunder. 
[The Uttar Pradesh Upahar Vastu Adhiniyam, 1970] 
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SCHEDULE I 
[See SECTIONS 2 (a) AND 7] 
1. Corn meal.  
2. Milk powder. 
3. Soyabean oil; sunflower seed oil. 
SCHEDULE II 
[See SECTIONS 2 (b) AND 7] 
 
1. United Nations International Children Emergency Fund (UNICEF).  
2. Co-operative for American Relief Everywhere (CARE). 
3. Church World Service.  
4. Lutheran World Relief. 
5. Catholic Relief Service. 
6. Young Men's Christian Association (YMCA),  
7. International Red Cross. 
 
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