LexThe UTTAR PRADESH AREA DEVELOPMENT ACT, 1976
Uttarakhand · state statute
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THE UTTAR PRADESH AREA DEVELOPMENT ACT, 19761
[U. P. ACT NO. 51 OF 1976]
[Passed in Hindi by the Uttar Pradesh Legislativ e Assembly On November 2,1976
and by the Uttar Pradesh Legislative Council on November 8, 1976.
Received the assent of the Governor o n November 20, 1976 under Article 200 of ‘the
Constitution of India ’, and was published in the Uttar P radesh Gazette Extraordinary, dated
November 23.1976.]
AN
ACT
to provide for matters connected with the comprehensive development of command
areas cover ed by irrigation projects or any other areas and for establishment of corporate
bodies for that purpose.
It is hereby enacted in the twenty-seventh year of the Republic of India as follows -
Short title,
extent and
commencement
1- (1) This Act may be called the Uttar Pradesh Area Development Act, 1976.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such d ate as the State Government may by
notification appoint in this beha lf and different dates may be appointed for
different provisions of this Act and for different areas.
Definitions 2- In this Act-
(a) "agricultural development" means any work undertaken for the
development of any agricultural land or for raisin g agricultural production
and includes drainage, ground-water development and soil conservation ;
(b) "agricultural production" includes production of agricultu re,
horticulture, pisciculture, forestry, seri culture, bee -keeping, dairy farm ing,
piggery and poultry farmin g and also inclu des suc h other types of
production as are notified by the State Government as ancillary or incidental
thereto;·
(c) "authority" means an Area Development Authority established under
section 3 ;
(d) "chairman" means the Chairman of the Authority ;
(e) "command area" in relat ion to an irrigation project, means an area
which for purposes o f irrigation can be commanded through the irrigation
project and the limits of which are notified by the State Government;
(f) "cost of works " means all costs, charges and expenses as estimated
by the Authority, and which the Authorit y may have to incur on, or in
connection with, execution of the works, and includes, any other charges or
fees as may be prescribed; and also includes all expenses which may be
incurred by the Authority in recovery thereof;
(g) "district committee" means the District Committee established under
section 18 ;
1. For statements of objects and reasons, See Uttar Pradesh Gazette Extraordinary, dated November 5, 1976.
103
[The Uttar Pradesh Area Development Act, 1976] [Section 2]
(h) "ineligible person" means a person not eligible for ordi nary land
development loans and belonging to any of the following categories :--
(i) farmer without any valid title;
(ii) illegal occupant;
(iii) minor ;
(iv) land -holder unabl e to get institutional finance because of heavy
indebtedness to institutional Sources which are to be cleared before obtaining
finance for further capital investment ;
(v) rural artisan; or
(vi) agricultural labourers ;
(i) "land development" means any of the following works, namely :-
(i) const ruction, renovation, redesignin g, realigning and lining of water
courses;
(ii) land leveling and land s haping, including realignment of field
boundaries;
(iii) digging of drop structures, culverts, and farm roads in the fields ;
(iv) providing of drop structures, culverts, and farm roads in the fields;
(v) land reclamation by use of engineering, biological and chemical
measures, including leaching ;
(vi) contour bunding and nala bunding ;
(vii) growing of trees, plants, shrubs and grasses;
(viii) development of perm anent and temporary pastures, farm forestry
and commercial afforestation ;
(ix) such other works as may be necessary or incidental to development of
land or ground or flow water potential and fo r optimizing the utilization of
land and water resources; and
(x) repairing and maintenance of any of the foregoing works;
(j) "land holder" means a person in actual possession of the land, whether as
an owner or a t enant or sub -tenant or as mortgagee in possession or licens ee or
otherwise, and includes person who is likely to be bene fited by land development
and the expression "land holding" shall be construed accordingly;
(k) "ordinary loan" means a loan granted by a bank or any financing institution
to a land holder against mortgage of land or any other security;
(l) "outlet command" means an area served for irrigation purposes by a
particular outlet as specified by the Authority;
104
[The Uttar Pradesh Area Development Act, 1976] [Section 3-4]
(m) "plan" means a plan prepared by the Authority under section 14 ;
(n) "project" means a project of or scheme of land development;
(o) "project administrator" means a n officer appointed as such by the Stat e
Government by notification;
(p) "project director" means such officer as ma y be nominated by the Authority
and shall also include such other officer or officers as may be authorised by the
Authority to exercise the powers and discharge the duties of a Project Director;
(q) "Proportionate cost of works" means cost of Work recover able from a land
holder in propo rtion to the extent of works to be done on or for the benefit of his
land holding ;
(r) "record of rights" has the same meaning as in the U.P. Land Revenue Act,
1901;
(s) "secretary," means .Secretary of the Authority;
(t) "sm all farmer", "marginal farmer" , "agriculture labourer" and "village
artisans" means per sons defined as such by noti fication by the State Government
from time to time;
(u) "special loan!' means a loan granted by the Au thority to an ineligible person
;
(v) "works" include s an y work relating to land development to be executed
under a project under this Act.
Establishme
nt of
command
area
development
authority
3- (1) The State Government may by notification establish an Area Development
Authority for such area as may be notified :
Provided that for eve ry command area of an irrigation project, there shall be a
separate Area Development Authority :
Provided further that the State G overnment may by notification extend t he
jurisdiction of an Authority referred to in the preceding proviso to any area, specified in
the notification, lying outside the command area for purposes of such of the provisions
of this Act as may be notified.
(2) The Area Development Authority shall be a body corporate, and be deemed for
all purposes to be a local authority.
(3) The authority shall have its head office at the place to be specified in the
notification of its establishment.
Constitution
of Authority
4- (1) The Authority shall consist of the following :-
(a) project administrator who shall be the Chairman;
(b) an officer nominated by the Agricultural Production Com missioner, not
below the rank of Joint Secretary;
[(bb) the Collectors of the Districts falling in the Area;]1
1. Added by section 2 of U.P. Act No. 4 of 1987.
105
[The Uttar Pradesh Area Development Act, 1976] [Section 5-7]
(c) not more than five officials of the State Government;
(d) one representative of the Central Government nominate d by that
Government;
(e) one m ember to be nominated by the State Government to represent
banks and financing institutions ;
(f) one member having special knowledge or practical experience in
respect of agriculture an d rural economics to be nomi nated by the State
Government ;
(g) not more than four members nominated by the State Government from
amongst land holders of the relevant area two of whom shall be so nominated
from the weaker sections of that area, and the other two shall be f rom amongst
the small farmers of that area.
(2) Project Administrator shall nominate one of the Additional, Joint or Deputy
Project Administrators to be Secretary of the Authority.
(3) Any member of the Authority, other than ex -officio member, shall hold
office for three years, unless his term is determined earlier by the State Government
by notification.
Constitution of
committee etc.
5- (1) The Authority may con stitute standing or ad hoc com mittees consisting
either wholly of membe rs of the Authority or wholly of other persons, or partly of
members of the Authority and partly of other persons, for any purpose or pu rposes
consistent with the provisions of this Act, to assist the Authori ty in the discharge of
its functions.
(2) The terms and conditions of the non -official members of the committee or
committees constituted under sub-section (1) shall be such as may be notified.
(3) The committee or committees shall perform such functions as may be
entrusted to them by the Authority from time to time.
Meeting 6- (1) The procedure for meetin gs of the Au thority including t he quorum to
constitute a meeting, shall be such as may be laid down in regulations.
(2) The Authority may invite any person to attend the meeting of the Authority
for the purpose of as sisting or advising it on any matter, and the perso n so invited
may take part in any proceedings of the Authority but shall have no right to vote.
Share capital
and share
holder
7- (1) The authorized capital of the Authority shall be ten crores of rupees divided
into ten thousand shares of ten thousa nd rupees each, of which two thousand fully
paid up shares often thousand rupees each, shall be issued in the first instance, and
the r emaining shares, may, with the prior sanction of the Sta te Government, be
issued from time to time by the Authority as and when the Authority may deem fit.
(2) The State Government and the Central Government shall subscribe, in such
proportion as may be mutually determined by them, to the share capital to be issued
in the first instance.
(3) Subsequent issues of sha re capi tal may be subscribed to by the State
Government and the Central Government in such proportion as may be mutually
determined.
(4) The State Gove rnment may from time to time in crease the authorised
capital of the Authority to such e xtent as the State Gover nment may deem
necessary.
106
[The Uttar Pradesh Area Development Act, 1976] [Section 8-12]
Appointment of
employees
8- (1) The Autho rity may appoint such employees as it considers
necessary and on such terms and conditions as it thinks fit for the efficient
performance of its functions :
Provided that the appointment of such employees as the State
Government may by general or specia l order specify shall be made and
their terms and conditions shall be determined with the approval of the
State Government.
(2) Subject to the general control and direction of the Ch airman, the
supervision and control over all em ployees of the Authorit y shall vest in
the Secretary.
Authentication of orders
and other instru-ments of
the Authority
9- All proceedings of the meetings of the Authority shall he
authenticated by the signature of the Chair mall and all orders and other
instruments of Authority shall be authe nticated by signatures of the
Secretary or such other officer of the A uthority as may be authorized in
this behalf by regulations.
Act not to be
invalidated by
informality or vacancy
10- No Act done or proceedings taken under this Act by the Authority or
a committee appointed by the Authority shall be invalidated merely on the
ground of--
(a) Vacancy or defect in the constitution of tile authority or any
committee thereof,, or
(b) any defect or irregularity in such act or proceedings not
affecting the substance.
(c) any defect or irregularity in such act or proceedings not
affecting the Substance.
Functions of the
Authority
11- The functions of the Authority shall be the following; namely :-
(1) to formulate plans for the integrated area and agricultural
development of the territory within its area of operation;
(2) treating the entire area under every o utlet command as a
single unit, to develop it according to topographical and hydrological
requirements in the interest of efficient farming;
(3) to survey the land, water resources, agricultural production
and the like as may be necessary for the formulation of such plans;
(4) to submit such plans showing their phasing both area -wise
and work-wise to State Government for approval;
(5) to implement such plans after their approval by the State
Government;
(6) to perform such other functions as may be prescribed or as
may be entrusted to it by the State Government.
Power of the authority 12- The Authority shall have the following powers, namely :---
107
[The Uttar Pradesh Area Development Act, 1976] [Section 12]
(1) to carry out surveys of the land, water resources, agriculture production
and the like as may be considered necessary by the authority for formulation of the
plans;
(2) to require any State Government department, local body or corporate body
to assist in the formulation of a plan, including survey for its fo rmulation, and to
call for records and documents from any State Government department, local
body, corporate body or any individual for the purpose of such survey or
formulation of plan.
(3) to take all measures necessary for implementation of the approved pla n,
including the following:---
(a) construction, improvement, maintenance or operation of the irrigation
system;
(b) development and maintenance of the main and subsidiary drainage
system;
(c) ensuring of efficient maintenance of the field channels and field
drains by the farmers;
(d) measures for land development, either on its own or through other
agencies;
(e) enforcing an appropriate system of distribution and regulation of
water supply, including osrabandi;
(f) development and control of ground water resources and ensur ing its
conjunctive use along with surface irrigation both for control of ground water
and augmenting irrigation water;
(g) selection, introduction and enforcing of suitable cropping pattern;
(h) localization and delocalization of lands for various crops;
(i) ensuring supplies of all inputs and services;
(j) arranging ordinary loans for land holders, agricultural labourers and
village artisans in the command areas, and granting of special loans to them,
and their recovery ;
(k) development of marketing, processing and storage facilities;
(l) development of subsidiary activities in the fields of animal
husbandry, dairy, poultry farm, forestry, fisheries and horticulture;
(m) organizing agricultural co-operatives and associations;
(n) construction of loads;
(o) promotion and setting up of rural growt h centres for integrated area
development ;
(P) agriculture extension services, including training of farmers, artisans,
field research on experimental stations and farms an d farmers service
societies;
(q) promotion and develop ment of small and marginal farmers,
agriculture labourers and village artisans;
(4) to acquire and hold such movable and immovable property as it may deem
necessary, and subject to such limitations as may be prescribed, lease, sell or
otherwise transfer such property;
108
[The Uttar Pradesh Area Development Act, 1976] [Section 13-15]
(5) to borrow money in the open market by issuing bonds and debentures
and other securities carrying interest;
(6) to borrow money and accept deposits from the Central Go vernment, the
State Government, any bank or financing institution and, with the approval of
the .State Government, from a corporate body or from any other persons;
(7) to levy such fees, dues and other charges as are considered necessary to
recover the cost of providing irrigation water and various services ;
(8) to carryon the activities of marketing, processing or storage of an y
agricultural produce, seeds, fertilizers, pesticides or any cottage industry along
with or to the exclusion of others;
(9) to do such other acts as may be provided for by or under this Act ;
(10) to do any other act not inconsistent with the provision of this Act as
may be prescribed.
Guarantee by
the State
Government
13- The State Government may guarantee the bonds and debentures and other
securities issued by the Authority and the loans and deposits raised by the
Authority as to the repayment of principal and payment of interest thereon and
incidental charges.
Plan 14- (1) Every plan shall be prepared by the Authority and submitted to the State,
Government in such ma nner, and in such form as may be prescribed and shall,
alongwith other such particulars as may be prescribed, contain the following
details-:
(i) the area to be covered by the plan ;
(ii) the work or works to be executed;
(iii) the phasing of the plan, both area-wise and work-wise;
(iv) the cost involved in the plan as well as in each phase thereof;
(v) the departments or other agencies at present carrying out such
work;
(vi) the staff of the Governme nt departments or local bodies or other
staff whose services shall be required by the authority for implementation of
the plan;
(vii) the charges or dues to be levied on the beneficiaries; and
(viii) the betterment fee to be levied under section 27.
(2) The Authority may prepare s eparate land development pro jects and
plans in respect of different areas or different works or include any other existing
plan, project or scheme in the plan prepared under the provisions of this Act.
Approval
of plan
15- The State Government may, by notification, either approve the plan or any
phase thereof with or without any modification.
109
[The Uttar Pradesh Area Development Act, 1976] [Section 16]
Consequences
notification
16- On the approval of the plan or an y p hase thereof by the State Government
under section 15 (which in its approved form shall be called the approved plan) the
following consequences shall ensue; namely :-
(a) the State Government may require any statutory body o r any corporate,
body controlled, by the State Government, functioning withi n, the areas of title
operation of the approved plan to follow th e directions of the Authority, and
such body shall thereupon follow such direction s in, respect of such matters as
are specified in the approved plan ;
(b) all development plans relating to agricultural development drawn by
any State Government department or any local authority or any statutory body
or any corporation controlled by the State Government shall be intimated to the
Authority and shall be executed with its approval and subject to such
modifications or changes, if any, as suggested by the Authority and also subject
to such directions as may be given by the Authority.
(c) the Authority shall be deemed to be empowered to take al necessary
action for implementation of the approved plan, including levy of betterment
fee, cost of works and other charges and in particular, to give directions to any
land holder with regard to the following matters, namely: -
(i) the manner in which cultivation is to be carried out;
(ii) the crops which are to be raised and the rotation of such crops;
(iii) the manner of carrying on any other agricultural production:
(iv) the application and use of various inputs for agricul tural
production such as, seeds, pest icides, manures, fertilizers, fingerlings,
fodder, poultry feed, and such other items as may be provided by
regulations;
(v) provision for field channels for carrying water for purposes of
irrigation;
(vi) provision for drainage ;
(vii) location of wells , tube -wells, pumps and other sources of
irrigation;
(viii) erection and removal of fences over lands ;
(ix) provision of pastures ;
(x) submission or returns within such time and in such manner as may
be provided, by regulations containing a true accurate statement regarding
the following matters, namely:-
(a) area of land cultivated by him, the classification of such land,
his interest therein and encumbrances on such land, if any ;
(b) the nature and quantity of, agricultural production raised by
him ;
(c) any other matter which may' be provided by regulations ; and
(xi) such other matters as may be provided by regulations;
(d) the State Gover nment shall review the implementation of t he approved
plan periodically.
110
[The Uttar Pradesh Area Development Act, 1976] [Section 17-22]
Land development 17- (1) The Authority may either require the land holders concerned to carry
out the land development as specified in the approved plan or in its discretion,
itself carry out such work on their be half and recover the proportionate cost of
works from the beneficiaries.
(2) Where the Authority chooses to carry out the land develop ment itself
as provided in sub -section (1), the land development to carried out shall be
deemed to have been done with t he consent of the land holders for whose
benefit the same is intended.
(3) The proportionate cost of works leviable from each land holder, as
certified by the Authority, shall be a charge on the land of that land holder.
(4) In order to provide for the p hysical planning the Project Director shall
have the power to effect realignment of field boundaries and to proportionately
reduce the area of land held by the land holders in the outlet command, or any
other project area.
(5) The realignment and change in the land holdings so made shall have
effect notwithstanding any thing inconsistent therewith contained in any other
enactment and shall be duly mutated in the record of rights.
District committees 18- (1) The Authority shall by notification establis h a District Committee for
each district.
(2) The District Committee shall consist of the following :-
(a) Collector - ex officio Chairman
(b) Project Director - ex officio Secretary
(c) Such other officers not exceeding - Members
five in number as the Authority may specify.
Meeting of
the District
Committees
19- The meetings of the District Committees shall be held in such manner and
shall be governed by such procedure as may be laid down in the regulations.
Functions and duties
of the District
Committees
20- The District Committees shal l perform such duties and func tions and
exercise such powers as may be laid down by the regulations or as may be
entrusted to it by the Authority.
Functions of the
project Director
21- Subject to the provisions of any regulation or any directions given by the
Authority, the Project Dir ector shall be in overall and immediate charge of
implementation of project or projects for land development or any other project
which the Authority may entrust under the approved plan.
1[Dissolution of
Chak Sabhas
and consequences
22- (1) With affect from September 16, 1989 all Chak Sabhas and Chak
Samitis constitute d respectively under sections 22 and 23 as those sections
stood immediately before the said date shall stand dissolved and thereupon :-
(a) all works constructed for land development of outlet command
and other immovable property belonging to the Chak Sabh a shall devolve
upon and vest in the Gaon Sabha within the territorial limits whereof such
works and other immovable property are situated;
1. Chapter-IV substituted by section 4 of U.P. Act No. 27 of 1989.
111
[The Uttar Pradesh Area Development Act, 1976] [Section 23-26]
(b) all movable property and assets and all rights, liabilities and
obligations of a Chak Sabha whether contractual or otherwise shall devolve
upon such Gaon Sabha as the State Government by notification, specify.
(2) Any doubt or dispute in respect of the devolution referred to in sub -
section (1) shall be referred to the State Government whose decision thereon
shall be final.
Explanation— In this section and section 23 and 24 “Gaon Sabha” mean s
a Gaon Sabha established under the U.P. Panchayat Raj Act, 1947.
Jal Prabandh
Samiti
23- For the management of works constructed for land development and other
properties devolving on a Gaon Sabha under section 22 and the maintenance of
the outlet system, carrying out osarabandi and implementation of physical works
of land development and cropping pattern in the outlet command falling within
the territorial jurisdiction of a Gaon Sabha, there shall be constituted a Jal
Prabandh Samiti in the manner prescribed in rules made under section 110 of the
U.P. Panchayat Raj Act, 1947.
Powers, funct ions
and
duties of Jal
Prabandh Samiti
24- (1) Without prejudice to the provisions of section 23, the powers, functions
and duties of Jal Prabandh Samiti shall be such as may be prescribed in rules
made under section 110 of the U.P. Panchayat Raj Act, 1947.
(2) Notwithstanding anything contained in the U.P. Panchayat Raj Act,
1947, the powers functions and duties referred to in sub -section (1) and in
section 23 sha ll be deemed to be the powers, functions and duties of the Gaon
Panchayat under the said Act.]1
Property, Contract, Finance, Accounts and Audit
Execution and
registration of
contract, etc.
25- Every contract or assurance of property on behalf of the Authority shall be
in writing and be e xecuted by such authority and in such manner as may be
provided by regulations.
Authority’s funds 26- (1) The Authority shall have its own fund to be called the Project Fund,
which shall be deemed to be a local -fund and to which shall be credited all
moneys received otherwise than by way of loans by o r on behalf of the
Authority.
(2) The Authority shall also hav e another fund to be called the Loan Fund
which shall also be deemed to be a local fund and to which sha ll be credited all
moneys received by or on behalf of the Authority by way of loans.
(3) Without prejudice to the provisions of sub -sections (1) and (2), the
Authority may, with the p revious approval of the State Government, institute
such other fund s as may be necessary for the efficient performance of its
functions under this Act.
1. Chapter-IV substituted by section 4 of U.P. Act No. 27 of 1989.
112
[The Uttar Pradesh Area Development Act, 1976] [Section 27-32]
Betterment fee 27- (1) The Authority while framing a plan may declare that betterment fee shall be
levied in relation t o area of land 'held by landholders in its area of jurisdiction in
lieu of the benefits that the landholders will reap, directly or in directly, through the
execution of the plan, either by way of improvement and stabilization of the
infrastructure or improvement in irrigation facilities or in communications and other
services.
(2) The betterment fee shall be assessed in such manner as may be prescribed.
Grant and
subventions to
the Authority
28- (1) The State Government may, after due appropriation by l aw by the State
Legislature, from time to time make, grants and subventions to the Authority for the
purposes of this Act on such terms a nd conditions as the State Government may
determine.
(2) The State Government shall not make any subventions, grants and loans to
any Board or any other -body or individual fo r any of the purposes included in the
approved plan, except through the authority.
Loans to the
authority
29- The State Government may, from time to time , advance loans to the Authority,
on such terms and conditions not inconsistent with the provisions of this Act as t he
State Government and the Authority may agree upon.
Power to the
authority to
borrow
30- (1) Stock or bonds i ssued by the Authority shall be issued, transferred, dea lt
with and redeemed in such ma nner, as the State Government may by -general or
special order direct.
(2) The Authority may advance any part of such b orrowings to any other body
for the performance of functions specified in the Act on such terms and conditions
as the Authority may determine.
Depreciation
Reserve
31- The Authority shall create a depreciation reserve and make annual provision
there for in accordance with the principles as may be prescribed.
Accounts
and audit
32- (1) The Authority shall before the commencement of and may at any time
during a financial year, prepare a statement or a supplementary statement, as the
case may be, of pr ogramme of its activities during the year as well as fin ancial
estimates in respect thereof and the same shall be submitt ed to the State
Government in such manner, in such form and by such dates as the State
Government may by general or special order direct, for the previous approval of the
State Government :
Provided that in the event of such previous approval not being received before
the commencement of the financial year for which such financial statement has
been submitted the Authority shall be entit led to expend on all accounts up to an
amount not exceeding the amount approved for the corresponding period o f the
previous financial year and such amount shall not include an y sum spent out of the
grants and subventions during the said period.
(2) The A uthority shall cause to be maintained such proper books of account
and other books in relation to its accounts and prepare the balance sheet in such
form and manner as the regulations may require.
113
[The Uttar Pradesh Area Development Act, 1976] [Section 33-38]
Surcharge 33- (1) The officers and employees of the Authority shall be liable to surcharge for
the loss, waste or misapplication of any money or property of the Authority if such
loss waste or misapplication is a direct consequence of his negl ect or misconduct
while acting as such officer or employee.
(2) The procedure of surcharge shall be such as may be prescribed.
(3) Any amount found to be involved in such loss, waste or misapplication as
a result of proceedings for surcharge shall be recoverable as arrears of land revenue.
(4) Nothing in sub -section (3) shall prevent the Authority fro m deducting any
amount referred to therein from any sum payable by the Authority on account of
remuneration or otherwise to such officer or employee.
Charges
leviable
34- The Authority may levy charges for the maintenance and repairs of irrigation
channels from the beneficiaries where maintenance of such channels is done by the
Authority.
Recovery of
the cost of
land
development
and cost on
works
35- (1) Subject to such terms and conditions as may be prescribed and subject also
to the approval of the State Government, the Authority may levy charges for the
recovery of the cost of land development and the cost of any work from the person
benefited by such land development and works, in such instalments and during such
period as may be specified by the Authority:
(2) The recovery of cost of land development and works shall be in such
proportion as the Authority ma y fix after taking into consi deration the benefits or
likely benefits to the land of each beneficiary from that work.
Fees for
service
36- The Authority may charge such fees as may be specified in regulations for
rendering any service to any person.
Recovery
of fee, cost
or other
sum
37- Any sum due to the Authority on account of any special loan, betterment fee
charges other fe es, cost of works, penalty or damage under this Act shall be
recoverable as arrears of land revenue.
Transfer of
rights and
liabilties
towards
recovery of
cost
38- (1) When any char ges towards cost of any work ar e to be recovered from any
person under section 35, then notwithstanding anything contained in this Act or any
other law for the time being in force, all the rights and liabilities of the Authority for
the recovery of the cost or part of cost from the land h olders may, it the Authority
so directs, stand transferred to a Lan d Development Bark as defined in the Uttar
Pradesh Co -operative Land Development Banks Act, 1964, hereinafter called the
"Development Bank" in relation to such land holders subject to such terms and
conditions (including any condition regarding giving of a ny guar antee by the
Authority or the State Government) as may be agreed upon between th e Authority;
the State Government and such Bank.
(2) Where the Authority makes a di rection under sub -section (1 ) it shall be
deemed that each lan d holder concerned has become member of the co -operative
society, name ly the development bark con cerned, and accordingly, an amount
equivalent to the value of one share in the society shall be added to the cost of
Works and be recover able along with it.
114
[The Uttar Pradesh Area Development Act, 1976] [Section 39-42]
(3) For purposes of arriving at such agreement every owner of land shall
produce before the Developm ent Bank all such documents, and th e evidence
relating to his land as the Bank may require.
(4) On such transfer o f rights arid liabilities of the Authority, the
development bank shall pay to the Auth ority an amount equal to the extent of
liablility accepted by it under the agreement, and the Authority shall inform the
holders of land co ncerned of such transfer, and thereupon amount to be
recovered from such person shall be recoverable by the development bank as if
it was a loan advanced to such person by such bank.
(5) The transfer of the right and the liabilities and payment made in
accordance there with shall discharge the owner of the land of his liabilities to
make payment to the Authority to the extent only of his respective l iablities
accepted by the Development Bank.
Offences and Penalties
Prohibition of
certain acts
39- No person shall-
(a) wilfully obstruct any person actin g on behalf of the Authority in
conducting survey of any land for preparation of the plan;
(b) wilfully remove or damage any pillar, post or stand fixed on the
ground for the purpose of setting out the lines of any works or deface or
destroy any marks made for this purpose;
(c) wilfully of negligently break , injure or open a ny water channel
without the permission of any officer authorised to give such permission:
(d) wilfully obstruct the flow of or draw off or divert or take water
from any channel ;
(e) obstruct any o fficer or other employee of the Authority in
discharge of his duties under this Act;
(f) disobey the directions given by the Authority under the provisions
of this Act.
Members, officers
and servants of
the Authority to
be public servants
Act 45 of 1860
40- All members, officers and servants of the Authority whether represent ing
or appointed by the Auth ority of the State Government shall be deemed, when
acting or purporti ng to act in pursuance of the provisions of this Act to be
public servants within the meaning of section 21 of Indian Penal Code.
Cognizance of
offences
41- No court shall take cogni zance of any offence under this , Act except on
the complaint of the Aut hority made within six months next after the
commission of the offence.
General penalty 42- Whoever contravenes the provisions of this Act or of any rule or
regulation made thereunder or fails to comply with any notice, order or
direction issued under this Act o r any rule or regulation made thereunder shall
be punished with fine which may extend to one thousand rupees and With
further fine which may extend to fifty rupees for every day on which such
contravention or failure continues after the first conviction.
115
[The Uttar Pradesh Area Development Act, 1976] [Section 43-45]
Offence by
companies
43- (1) If the person c ommitting an offence under this Act is a company, the
company as well as every person in charge of and responsible to the company
for the conduct of its business at the time of the commission of the offence
shall be deemed to be guilty of the offence and shall be liable to be p roceeded
against and punished accordingly :
Provided that nothing contained in tills sub -section shall render any such
person liable to any punishment if he proves that the offence was committed
without his kn owledge or that he exercised all due diligence to preven t th e
commission of such offence.
(2) Notwithstanding anything contained in sub -section (1) where any
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of or that the
commission of the offence is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secre tary or other officer shall also be deemed to be guilty of that
offence and shall liable to be proceeded against and punished' accordingly.
Explanation-- For the purposes of this section ----
(a) "Director" 'in relation to a firm, means a partner in the firm; and
(b) ' Company' means any body corporate and includes a firm or
other association of individuals.
Power of entry 44- Any officer of the Authority may with or without assistance ente r into any
land in order to-
(a) make any inspection, survey, measurement or enquiry;
(b) take level;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of any works;
(e) mark such levels boundaries and lines by placing marks and
cutting trenches; or
(f) do any other thing necessarily for the purposes of this Act or any
rule or regulation.
Power to arrest
person refusing
to give his name
and
address
45- (1) Where any person in the, presence of any officer of the Authority,
authorized by it by general or special order in that behalf has committed o r has
been accused of committing or who is reasonably suspected by such of ficer of
committing any offence punishable under this Act refuses or fails on demand
of such officer to give his name and address or gives a name or address which
such officer has reason to believe to be false, he may be arrested by such
officer without a warrant in order that his name or address or both may be
ascertained.
(2) The provisions of sub-sections (2) and (3) of section 42 and of sections
43, 48, 56, 58 and 59 of the Cod e of Criminal Procedure, 1973 shall mutatis
mutandis apply in relation of an y arrest made under sub -section (1) as they
apply to an arrest made under sub-section (1) of section 42 thereof.
116
[The Uttar Pradesh Area Development Act, 1976] [Section 46-50]
Composition
of offences
46- (1) The Chairman or the Secretary of the Aut hority or any other officer of t he
Authority authorized by it b y general or special or der in that behalf may either
before, or after institution of the pro ceedings, compound any offence punishable
under this Act on such terms including payments, of composition fee as he may
think fit.
(2) Where an offence has been compounded, the offender if in custody shall be
discharged and no further proce edings shall be taken against him in respect or the
offence so compounded.
Duties of
police offic ers
and employees
of the State
Government,
etc.
47- It shall be du ty of all police officers and of employees of the State
Government-in whose knowledge, any offence punishable under this Act is
committed or attempted t o be committed, to give imme diate information to the
Authority or to of ficers of the Authority authorized in this behalf, of the
commission of or, as the case may be, of the attempt to commit such offence and to
assist all such officers in the exercise of their authority under this Act.
Direction to
the Aut hority
on questions
of policy
48- (1) In the discharge of its functions, the Authority shall be guided by such,
directions, on questions of policy as may be given to it by the State Government.
(2) If any question arises whether any matter is or is not a matter in respect of
which the State Government may issue a direction under sub-section (1 ) the
decision of the State Government shall be final.
Annual report
statistics, returns
and other
information by
the Authority
49- (l) The Authority shall as s oon as may be after the end of each financial y ear,
prepare and submit to the State Government before such dat e and in such form as
the State Government ma y direct, a report giving an account of its act ivities during
the previous financial year, and the report shall also give an account of the activities
if any, which are likely to be' undertaken by the Authority in the next financial year,
and the State Government shall cause every such report to be laid before the State
Legislature as soon as may be after it is received by the State Government.
(2) The Authority shall furnish to the State Government at such times and in
such form and manner as the State Government may direct such statistics and
returns and-such particulars in regard to any proposed or ex isting activities of the
Authority or any other matter under the control o f th e Authority as the State
Government may, from time to time require.
Duty of State
Government
Departments
and other
statutory
bodies to
assist
50- (1) The State Government Dep artments and other statutory bodies controlled
by the Sta te Government shall under such help and assistance and furnish such
information to the Authority and shall make available for the inspection and
examination of land (if necessary, preparation of copi es from) such records, maps,
plans and other documents, as it may require in the discharge of its functions under
this Act.
(2) Without prejudice to other provisions of this Act and notwithstanding
anything contained n any other law for the time being in force under which any
statutory body is constituted, the State Government may give to any such body such
direction as in its opinion may be necessary or expedient for enabling the Authority
to perform its functions under this Act, and thereupon it shall b e the duty of such
body to comply with such directions.
117
[The Uttar Pradesh Area Development Act, 1976] [Section 51-54]
General
power
to pay
compensation
51- In any case not other wise expressly provided for in this Act the Authority
may pay reasonable compensation to any person who sustains damage by reason
of the exercise of any power vested by or under this Act in the Authority.
Protection for
acts done in
good faith
52- No suit, prose cution or other legal proceedin g shall lie -against the State
Government, the Authority o r a Chairman or other, member of the Authority or
any officer or serva nt of the State Government or of the Authority for any thing
which is in good faith done or purported or intended to be done in pursuance of
this Act or any rule or regulation made thereunder.
Rules and Regulations
Powers to
make
rules
53- The State Government may, by notification, make rules for carrying out the
purposes of this Act.
Regulations 54- (1) The Authority may with the previous approv al of the State Government
make regulations not inconsistent with the provisions of this Act and the rules
made thereunder.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of t he following matters
namely:-
(a) summoning and holding of meetings of the Authority, the time and
place where such meetings ar c to be held, the conduct of business at such
meetings and the number of persons necessary to form a quorum thereat;
(b) the powers and duties of the employees of the Authority;
(c) the management of the property of the Authority;
(d) the execution of contracts and assurances of the property on behalf
of the Authority;
(e) the limit up to which the Chairman, the member Secretary or any
other officer of the Authority shall be competent to incur recurring and non-
recurring expenditure in any financial year;
(f) the maintenance of accounts and the prepara tion of balance sheet by
the Authority;
(g) the procedure for carrying out th e functions of the Authority under
this Act including the preparation of the plan ;
(h) the relegation of po wers of the Authority to the Chairman or to any
other officer of the Authority;
(i) any other matter for which provision is required to be made by
regulations.
(3) Until any regulations are made by the Authority, any regulation which
may be so made by it may be made by the State Government and any rExcerpt shown. Open the full act in Lexace.