LexThe UTTAR PRADESH BHOOMI EVAM JAL SANRAKSHAN ADHINIYAM, 1963
Uttarakhand · state statute
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THE UTTAR PRADESH BHOOMI EVAM JAL SANRAKSHAN
ADHINIYAM, 19631
[U. P. Act No. XVI of 1963]
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on March 28, 1963 and by the Uttar
Pradesh Legislative Council on April 10, 1963.
Received the assent of the President on May 23, 1963 under Article 201 of ‘the Constitution of
India’, and was published in the Uttar Pradesh Gazette Extraordinary dated May 29, 1963.]
AN
ACT
to amend and consolidate the law relating to the conservation and improvement of so il and water
resources in the Uttar Pradesh.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :-
CHAPTER I
Preliminary
Short title and
commencement
1. (1) This Act maybe called the Uttar Pradesh Bhoomi Evam Jal Sanrakshan
Adhiniyam, 1963.
(2) It shall come into force at once in the district mentioned in the First
Schedule. In the [remaining districts]2 it shall come into force on such date
as the State Government may, by notification in the Gazette appoint in this
behalf and different dates may be appointed for different districts.
1. For statement of objects and Reasons, see U. P. Gazette Extraordinary, dated 29 May 1963.
2. Districts mentioned in the First Schedule of section I: (sub-section 2)
Sl.
No
Name of
Districts
No.and date of Govt. notification
1 Agra U.P. Bhoomi Evam Jal Sanrakshan Adhiniyam 1963 U.P.
Act no. XXVI of 1963.
2 Fatehpur
3 Hamirpur
4 Jalaun
5 Jhansi
6 Mathura
7 Mirzanur
8 Pratapgarh
9 Sultanpur
10 Tehri
Garhwal
11 Luchnow
12 Sitapur
13 Farrukhabad
14 Allahbad
15 Banda
16 Meerut
17 Varanasi No.H-4335/XII-1500/1963 dated Aug.2, 1963 vide this
notification designation of D.S.G.O.
18 Kanpur Became B.S.A. of the Ist 16 districts noted in the Act.
19 Uttar Kashi No.H-5299/XII-B-1489/1963 dated Aug. 29, 1963
20 Bulandshahar No.H-334/XII-B-1141/62 dated March 11, 1964
33
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 2]
Definitions 2. In this Act, unless there is anything repugnant in the subject or context---
(1) "beneficiary" in relation to any land benefited or likely to be benefited by t he
execution of a plan means-
(a) in the case of land held by a bhumidhar or sirdar, such bhumidhar or sirdar
; and
(b) in any other case, an owner, holder or occupier of the land whom the
Bhoomi Sanrakshan Ad hikari, in view of the nature of his interest in the
land and the b enefits or likely benefit s to the land from the execution of
the pl an, declares in the prescrib ed manner to be the beneficiary, and
includes the successor in interest of a beneficiary;
(2) "Bhoomi Sanrakshan Adbikari" means an officer appointed under section 8 ;
(3) " Board" mean s the Bhoomi Evam J al Sanrakshan Board established under
section 3;
(4) "Chairman" means the Chairman of the Board;
(5) "Collector", except for the purposes of section 6, includes an Additional
Collector;
(6) "Commissioner" includes an Additional Commissioner;
21 Dehradun No.H-1549/XII-B-1489/63 dated April 15, 1963
22 Saharanpur
23 Muzaffarnagar
24 Etawah
25 Unnao
26 Ghazipur No. H-4594/XII-B dated September 22,1964
27 Azamgarh
28 Jaunpur
29 Rae Bareli
30 Alligarh
31 Mainpuri
32 Deoria No.H-1476/XII-B-1500/63 dated May 25, 1967
33 Gorakhpur
34 Basti
35 Gonda
36 Bahraich
37 Faizabad
38 Pauri Garhwal
39 Ballia No.H-317/XII-B-1500/1963 dated March 21, 1967.
40 Bara Banki
41 Almora
42 Etah No.H-3636/XII-B-1500/1963 dated Nov. 27, 1968
43 Moradabad
44 Bareilly
45 Bijor
46 Rampur
47 Shahjanpur
48 Chamoli
49 Nainital
50 Pilibhit No.-H- 5885/XII-B-1228/69 dated Dec, 29 1971
51 Budaun
52 Hardoi
53 Lakhimpur Kheri
54 Pithoragarh
34
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 3]
(7) "Director means the Director of Agriculture, Uttar Pradesh, and includes an Additional
Director of Agriculture, Uttar Pradesh;
(8) "Khand" means any area specified as such by the State Government under section 3 of
the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961;
(9) "plan" means a plan prepared under this Act;
(10) "prescribed" means prescribed by rules made under this Act;
(11) "schedule" means a schedule to this-Act;
(12) "soil and water conservation" means reclamation, maintenance and improvement of
soil and water resources and inclu des any of the measures men tioned in the second
schedule
(13) "Secretary" means the Secretary of the Board ;
(14) "State" means the State of Uttar Pradesh ;
(15) "work" means any work carried out or to be carried out under a plan and includes
pasture or forest .provided for or raised under the plan ;
(16) "Zila Samiti" means the Zila Bhoomi Evam Jal Sanrakshan Samiti estab lished under
section 6 ;
(17) The expressions "Bhumidhar" and "Sirdar" shall have the meanings assigned to them
in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.
CHAPTER II
Administrative machinery
Establishment
and
constitution
of
the Board
3. (1) As soon as may be after the commencement of this Act, there shall be established by
the State Government, by notification In the Gazette, a Bhoomi Evarn Jal Sanrakshan
Board of the State.
(2) The Board shall consist of the following members :-
(a) the Minister -in-charge of th e Agriculture department, who shall also be the
Chairman;
(b) not more than three of the D eputy Ministers and Parliamentary Secretaries, to he
appointed by the State Government;
(c) Secretary to the State Government in the Agriculture Department;
(d) the Director of Agriculture, Uttar Pradesh, who shall also be the Secretary;
(e) four members of the Vidhan Sabha and two members of the Vidhan Parishad to
be closen by the Vidhan Sabha or the Vidhan Parishad, as the case may be ;
(f) member not exceeding five, to be appointed by the State Government ; and
(g) members not exceeding five, to be co -opted by the members referred to in (a) to
(f).
35
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 4-6]
Term of
members
4. (1) The term of a member referred to in clause (f) or clause (g) of sub -section (2) of
section 3 shall be two years:
(2) When a member ceases to hold the office by virtue of which he became eligible for
the membership of the Board, he shall cease to be such member.
Functions of
Board
5. The functions of the Board shall be-
(a) to lay down policies for soil and water conservation;
(b) to devise ways and means for co -ordinating the work under the plans and
for eliminating the difficulties in relation thereto;
(c) to scrutinize the progress made under the plans; and
(d) to perform such other functions as may be specified by or under this Act.
Establishment
and constitution
of
Zila Samitis
6. (1) There shall be established in tho prescribed manner for each district a Zila Bhoomi
Evam Jal Sanrakshan Sarniti.
(2) The Zila Sarniti shall consist of-
(a) the Collector who shall also be the Chairman thereof;
(b) the Adhyaksha of the Antarim Zila Parishad or Zila Parishad;
(c) members of the Legislative Assembly whose constituencies include any part
of the district;
(d) the officer-in-charge of the work of the Planning Department in the district;
(e) the District Agriculture Officer;
(f) the Bhoomi Sanrakshan Adhikari, who shall also be the Secre tary of the
Zila Samiti ;
(g) the Executive Engineers of the Irrigation Department exercising jurisdiction
in the district or any part thereof;
(h) the Divisional Forest Officers exercising jurisdiction in the district or any
part thereof;
(i) the Pramukhs of the Kshettra Samitis in the district ; and
(j) not more than one person interes ted in soil and water conservation
appointed by the collector annually :
Provided that the member of the Legislative Assembly, an Executive
Engineer, a Divisio nal Forest Officer or a Pramukh shall have a right of
participation in only such proceedings of the Zila Sarniti as relate to a plan
covering an area from which he was elected as a member or in which he exercises
jurisdiction as such Engineer, Officer or Pramukh, as the case may be.
36
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 7-9]
(3) Any dispute as to the membership or right of participation in the proceedings of a
Zila Samiti shall be d ecided by the Chairman there of whose decision in the matt er
shall be final.
Function
of Z ila
Samiti
7. The functions of the Zila Samiti shall be ----
(a) to take steps to educate people in soil and water conservation;
(b) to direct th e Bhoomi Sanrakshan Adhikari to make survey, collect data and
prepare plans for the district or a ny part thereof and to perform functions
incidental thereto;
(c) to consider and approve the plans so prepared;
(d) to take steps to ensure proper execution of the plans and to watch the progress
of work thereunder ;
(e) to make recommendation s to the State Government for securing efficient
execution of the plans;
(f) to carry out the directions issued by the State Government from time to time
with regard to a plan ; and
(g) to perform such other functions as may be specified by or under this Act.
Bhoomi
Sanrakshan
Adhikari
8. (1) The State Governm ent shall appoint for every district a Bhoomi Sanrakshan
Adhikari :
Provided that one person ma y be appointed to be Bhoomi San rakshan
Adhikari for more than one dist rict or more than one person m ay be appointed to
be Bhoomi Sanrakshan Adhikaris in the same district.
(2) The Bhoomi Sanr akshan Adhikari shall execute the plans and perform such other
functions as may be specified by or under this Act.
Chapter III
Preparation of soil and water conservation plan
Preparation
of soil and
water
conservation
plan
9. (1) The Zila Samiti may, and if so directed by the State Government shall, resolve that
soil and water conservation be undertaken in the district or any part thereof.
(2) On the resolution of the Zila Samiti under sub -section (1), the Bhoomi Sanrakshan
Adhikari shall prepare a draft plan setting out :-
37
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 10]
(a) the extent and details of the area to be covered by the plan;
(b) the details about the proposed work;
(c) the programme for the execution of the plan;
(d) work to be carried out by a beneficiary at his own cost;
(e) the ways and means for the execu tion of the plan in which the available
government grant-in-aid shall also be taken into consideration;
(f) the agency or agencies through which the work shall be executed; and
(g) such other particulars as may be prescribed.
(3) In imposing liability o n a beneficiary to carry out a work at his own cost, the
benefits or likely benefits to his land from that work shall be taken into
consideration.
Consideration
and approval
of the plan
10. (1) The draft plan shall be placed before the Zila S amiti which shall consider the same
and order its publication under sub-sections (2) and (3).
(2) Upon the publication being ordered by the Zila Samiti, the Bhoomi Sanrakshan
Adhikari shall prepare a notice in the prescribed form stating at what place and
time the plan shall be open to inspection by the public free of charge. The notice
shall be published by affixation at the offices of the Collector Bhoomi Sanrakshan
Adhikari, Tahsildar and Block Development officer. It shall also be published by
beat or drum in the village or villages to which the draft plan relates.
(3) A copy of the draft plan shall be sent to the Krishi Evam Utpadan Samiti of the
Khand in which the work is to be carried out. The Samiti shall consider the plan in
a special meeting to be called fo r the purpose and may within thirty days of the
receipt by it of the draft plan, make such objections in writing to, the Bhoomi
Sanrakshan Adhikari as it may deem necessary:
(4) On publication of the notice under sub-section (2) any person likely to be affected
by the plan may within thirty days from the date of publication by beat of drum,
make objections in writing to the Zila Bhoomi Sanrakshan Adhikari.
(5) If no objection is made under the foregoing provisions within the time allowed, the
plan as published shall become final.
(6) If an objec tion is made under sub -section (3) or -sub-section (4) within the time
allowed thereof the Bhoomi Sanrakshan Adhikari shall hear the same in the
prescribed manner and submit his report together with the objectio ns to the Zila
Samiti.
(7) After considering the objections and report submitted under sub -section (6) and
any further report which it may require the Bhoomi Sanrakshan Adhikari to
submit, the Zila Samiti may approve the plan with or without any modifica tion
and the plan so approved shall become final.
38
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 11-15]
Technical
aspect of the
plan
11. (1) The Director or his appointee shall be present at every meeting of the Zila
Samiti in which an objection to a draft plan is under consideration.
(2) Notwithstanding anything contained in sub -section (7) of section 10, no
modification affecting the technical aspect of the draft plan shall be made
by the Zila Samiti without the concurrence of the Director or his appointee.
(3) Whether a modification affects the technical aspect of the draft plan or not
shall be decided by the chairman of the Zila Samiti.
Publication of
the plan
12 After the plan has become final, the B hoomi Sanrakshan Adhikari shall
publish, in the prescribed manner, a general notice intimating that the plan
has become final and may be inspected by the public free of charge at the
place mentioned in the notice.
Subsequent
changes and
correction of
errors in the
plan
13. Notwithstanding anything contained in section 10----
(1) The Director may make such minor changes in the plan as are at any stage
necessitated by the changes that may occur in the land due to any
unforeseen circumstances :
Provided that no such change shall be made to the prejudice of any
beneficiary without allowing him an opportunity of being heard.
(2) The Bhoomi Sanrakshan Adhikari may, if satisfied that a clerical or
arithmetical error exists in the plan, correct the same in th e prescribed
manner, either on his motion or on the application of an interested person.
CHAPTER IV
Taking temporary possession of land and payment of compensation
Order for
taking
temporary
possession of
land
14. (1) If the Collector is satisfied that for the purposes of executing a plan it is
necessary that temporary possession of any l and should be t aken, he may,
by order direct the Bhoomi Sanrakshan Adhikari to ta ke temporary
possession thereof for such period not exceeding five years, as may b e
specified in the order .
(2) The Collector may by order extend from time to time, the period of
temporary p ossession so, however, that the total period of temporary
possession shall in no case exceed ten years in all.
Explanation-- For the purposes o f, this section land does not include any land
covered by a building of permanent character.
Taking
possession of
land
15. The Bhoorni Sanrakshan Adhikari or any other officer authorized by him in
this behalf shall in pursuance of the order under section 14 take t emporary
possession of the land :
Provided that possession shall not be taken without notifying in the
prescribed manner the date and intention of taking possession at least fifteen
days prior to such date.
39
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 16]
Compensation
for period of
possession
16. (1) As soon as may be after the date of taking possession of the land, the
Collector shall make an inquiry and determine the compensation payable for
every year or part of the year during which the land remains under such
temporary possession and also the person entitled thereto.
(2) For the purpose of determining compensatio n and the person entitled thereto,
the Collector shall issue a general notice in the pres cribed form and manner
requiring persons concerned to file their claims in the prescribed manner by
the date fixed in the notice :
Provided that the Collector may, for reasons to be recorded, extend such
date.
(3) The Collector shall also fix a date for hearing of the claims and shall on that
date, or in case of the hearing being adjourned to, any other date on such other
date, hear all the evidence that may be produced by a claimant and he may
take such other evidence as he considers necessary.
(4) For the purpose of determining the compensation an d the persons entitled
thereto, the Collector sh all have the same powers as are vested in a court
under the Code of Civil Procedure, 1908 in respect of th e following matters
namely-
(a) enforcing attendance of any person and examining a person on oath or
affirmation;
(b) issuing commission for exam ination of any witness or for local
Investigation:
(c) compelling production of any document;
(d) passing such interim orders as may be necessary in the ends of justice.
(5) In determining the compensation regard shall be had to-
(a) the average net annual income from the land derived during the three
years immediately precedi ng the date of temporary pos session being
taken and in the ca se of land having no such income, the average net
annual income, if any, from similar land in the locali ty derived during
that period;
(b) the damage, if any, sustained by the person as a result of dispossession;
(c) the damage, if any, caused or likely to be caused to the land; and
(d) such other factors as may appear to the Collector to be relevant for the
purposes of such determination.
(6) Any person aggrieved by a determination made under sub section (1) may,
within thirty days from th e date of such determinat ion, file an app eal before
the Commissioner who may pass such orders thereon as he deems fit.
40
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 17-18]
(7) The Commissioner ma y entertain an appeal after the expiry o f the said
period of thirty days, if he is sa tisfied that-there was sufficient cause for not
preferring the appeal within that period.
(8) The compensation so determined shall be paid in cash in yearly installments
to the person found entitled thereto u nder this section and such payment
shall be a final and full discharge of the State Government and its officers
from all liability to pay compensat ion for the period covered by t he
payment, but shall not prejudice the right of any other person to
compensation which he may be entitled by due process of law to enforce
against the person to whom payment has been made under this Act.
Restoration of
possession
17. (1) When the temporary possession has to be removed from the land and in any
case before the ex piry of the period fixed for temporary possession, the
Collector shall, after making inquiry in the prescribed manner, by order in
writing-
(a) determine the person to whom the possession is to be restored; and
(b) declare that possession of the land sh all be restored to him on such date
as may be specified in the order.
(2) On the date specified in the said order possession of the land shall be
deemed to have been delivered to the person .mentioned therein.
(3) The delivery of possession under sub -section (2) shall be a final and full
discharge of the State Government and its officers from all liabilities in
respect of such delivery but shall not prejudice any right in respect of the
land which any other person may be entitled, b y due process of la w, to
enforce against the person to whom the possession of the land has been so
delivered.
CHAPTER V
Execution of the plan
Directions to
execute work
18. (1) The Bhoomi Sanrakshan Adhikari may by notice, require any beneficiary to
carry out at his own cost any work which under this plan is to be carried out
by the benefi ciary at his own cost, in the manner and within the per iod
mentioned in the notice .
(2) Where a beneficiary in timates in writing to the Bhoom i Sanrakshan
Adhikari that he is, unable to carry out the work within the time aforesaid or
if the work is not carri ed out to the satisfaction of the Bhoom i Sanrakshan
Adhikari by t he date fixed in that behalf or wi thin such further time as he
may allow the Bhoomi Sanrakshan Adhikari shall g et the work carried out
and, subject to the provisions prescribed in this behalf, recover the expenses
incurred from the beneficiary as arrears of land revenue.
41
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 19-22]
(3) Notwithstanding anyt hing contained in sub -sections (1 ) and (2) where the
Collector is of the view that it will be in the interest or the general public to have
a work carr ied out by the Bhoomi Sanrak shan Adhikari, he may direct the said
officer to carry out the w ork and the costs of such work shall, subject tothe
provisions prescribed in this behalf be recovered by the Bhoomi Sanrakshan
Adhikari as arrears of land revenue from the beneficiary or from the beneficiaries
in such proportion, as the Collector may fix after taking into consideration the
benefits or likely benefits to the land of each beneficiary from that work and other
relevant matters.
(4) If the costs are not paid by the beneficiary or beneficiaries within the prescribed
time, such benefi ciary or beneficiaries shall also be liable to pay such interes t
thereon as may be prescribed.
Bhoomi
sanrakshan
adhikari to
make progress
report
19. (1) The Bhoomi Sanrakshan Adhikari shall report to the Zila Samiti in such form an d
at such interval s, as may be prescribed, the pro gress made in the execution of
plans.
(2) A copy of the progress report shall also be forwarded to the Director of Agriculture
or his appointee.
(3) The Director sha ll submit a quarterly report on the progress of th e plans to the
Board.
Entry of rights
and liabilities
in revenue
records
20. The Bhoomi Sanrakshan Adhikari shall on completion of the work under a plan,
prepare a statement in the prescribed from showing therein the rights and
liabilities of the beneficiaries and shall forward the statement to the Collector who
shall on the basis of the statement get the entries made in th e reliever it village
records and maps maintained by the Revenue Department.
Discharge of
liabilities
21. (1) It shall be the duty of the beneficiary-
(a) to maintain and keep in repair at his cost a work as required by the plan; and
(b) to discharge other liabilities imposed upon him under the plan.
(2) Where a beneficiary fails to maintain or repair the work or discharge a li ability as
required by sub-section (1) the Collector may cause the work to be maintained or
repaired and liability to be discharged and shall recover from the beneficiary as
arrears of land revenue, the cost of such maintenance repair or discharge.
CHAPTER VI
Preventive action and penalties
Prevention of
action
prejudicial to
soil and water
conservation
22. (1) Any person who does any act on any land which is prejudicial to the interest of soil
and water conservation shall be given notice by the Co llector to show cause as to
why orders prohibiting him from doing that act should not be passed.
(2) On receipt of such notice the person Shall suspend the act and the s ame shall
remain suspended till notice is discharged.
42
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 23-27]
(3) The person on whom the notice is served may within thirty days of Its
receipt file objection before the Collector.
(4) The Collector shall dispose of the objections after allowing the objector
an opportunity of being heard in case the objection is allowed, the
Collector shall discharge the notice Otherwise he shall pass an order
prohibiting the person from doing the act,
(5) Any person aggrieved by an order of the Collector under sub -section (4)
may, within thirty day s of the order file an appeal before the
Commissioner of the division whose decision thereon shall be final.
Penalties 23. Any person who without proper authority damages or obstructs any work
wider a plan or contravenes any of the provisions of this Act or any rule
or order made hereunder, shall on conviction be liable to imprisonment
for a period not exceeding three months or to a fine not exceeding Rs.
500 or to both and where the offence is a continuing one to further fine
which shall not be less than Rs. 25 for every day during which the
offence 'continues after the date of the first conviction.
CHAPTER VII
Miscellaneous
Proceedings
under the act.
24. A proceeding under this Act before a Bhoomi Sanrakshan Adhikari or a
Collector or a Commissioner shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 of the Indian Penal Code and
also for the purposes of section 196 of the said Code.
Vacancy or
defect in
constitution
not to
invalidate
proceedings
25. No act or proceeding of the Board or a Zila Samiti shall be invalid by
reason merely of the e xistence of any vacancy in, or defect in th e
constitution of, the Board or the Zila Samiti.
Decision by
majority
26. If there is a difference of opinion amongst the members of the Board or a
Zila Samiti regarding any question the decision of the majority of the
members present and voting shall prevaile d in case of equality of votes,
the Chairman of the Board or the Zila Samiti, as th e case may be shall
also have a casting vote.
Power to enter,
etc.
27. For the purposes of prepa ration or execution of a plan or repairing o r
maintaining any work under a plan, the Bhoomi Sanrakshan Adhikari
and any person generally or specially authorized by him in this behalf
may enter upon, survey and mark out any and do all acts necessary for
such purposes.
43
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 28-33]
Registration
of documents.
Act no. XVI
of 1908
28. Nothing in the Indian Registration Act, 1908 shall b e deemed to require the
registration of any document or map forming part of a plan prepared under this
Act.
Public access
to documents
and maps
29. Subject to the rules made in this respect, public shall have access to all
documents and maps pertaining to a plan and copies thereof shall be furnished
to any person applying on payment of the prescribed fee.
Determinatio
ns and orders
to be final
30. Save as otherwise provided by or under this Act, any determination or order
made in pursuance of the provisions of this Act or the rules made thereunder
shall be final and shall not be questioned in any court of law.
Suit or legal
proceeding
not to lie for
acts done in
good faith
31. No suit or legal proceeding shall lie against any person for anything which is in
good faith done or intended to be, done in pursuance of any provisions of his
Act or of any rule or order, made thereunder.
Provisions of
this Act to
prevail
32. The provisions of the Act shall have effect notwithstanding anything consistent
therewith contained in any other law for the time being in force.
Power to
make rules
33. (1) The State Government m ay, by notification in the Gazette, make rules for the
purposes of carrying into effect the provisions of this Act:
(2) Without prejudice to the generality of the foregoing power such rules may
provide for-
(a) the procedure for and the manner of declaring a person to be a beneficiary;
(b) matters relating to the establishment and constitution of the, Board and Zila
Sarnitis;
(c) the procedure (including quorum) for the conduct of business by the board
and Zila Samitis;
(d) appointment and functions of Bhoomi Adhikari and allo cation ,of business
to Bhoomi Adhikaris, in the same district; ,
(e) the particulars to be set out in the draft plan;
(f) the manner of notifying the intention and date of taking temporary
possession;
(g) it he manner of inquiry for determining compensation, payable for the land
of which temporary possession has been taken and t he persons entitled
thereto;
44
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Section 34-35]
(h) the time within which th e costs of work carried out by the Bhoomi
Sanrakshan Adhikari shall be paid by the benefi ciary and t he interest
on such costs.
(i) the form at which and the intervals at which progress report shall be
submitted by a Bhoomi Sanrakshan Adhikari ;
(j) the form of' statement of rights and liabilities of the beneficiaries;
(k) the statements, returns, registers and other records required to be
maintained by or under this Act;
(1) the form and manner of service or publication of not ices under this Act
or the rules made thereunder ;
(m) filing and disposal of, objections: and appeals, under this Act and the
procedure, to be followed in regard thereto;
(n) the duties if any officer or authority having ju risdiction under this act
the procedure to be followed by such officer or authority; and
(o) other matters which, are to be or may be prescribed.
(3) All rules made under tilts Act shall, as soon as may be after they ate made, be
laid before each House of the State Legislature while it is in' session for a
total period of fourteen days extending in its one session or more than one
successive sessions and shall unless some later date is appointed, take effect
from the date, of their publi cation in the Gazette, subject to such
modifications or annulments as the two Houses of the Legislative may agree
to m ake so, however, that any such modifi cation or annulment shall be
without prejudice to the validity If anything previously done there under.
Repeal of U.P.
act no. XI of
1954
34. (1) The Uttar Pradesh Soil Conservation Act, 1954 is here- by repealed.
(2) A plan C onfirmed Under section 15 of the said Act shall be deemed to be a
plan which has become final under this Act and a general notice thereof shall
be published as required by, section 12. A plan prepared, under the former
Act and riot so confirme d shall he dee med to be a draft plan prepared under
section 9 of this Act and shall be proceeded-with accordingly.
Removal of
difficulties
35. (1) Where any difficulty arises in relation to the transition from the provisions of
the Uttar Pradesh Soil Co nservation Act, 1954, to the provisions of this Act,
the State Government may; for the pur pose of facilitating such transition,
direct by an order notified, in the Gazette that the provisions of this Act shall
for a limited period specified i n the order have effect subject to such
modifications, as may be, so specified.
(2) No order shall be made under this section after, the expiration of two years
from the date of commencement of this Act.
(3) An order made tinder t his section shall be laid before both the Houses of the
Legislature, as soon as may be after it is made.
45
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Schedule 1-2]
FIRST SCHEDULE
[See section 1(2)]
Sl. No. Names the districts Sl. No. Name of the districts
1 Agra 9 Sultanpur
2 Eatehpur 10 Tehre-Garhwal
3 Hamirpur 11 Lucknow
4 Jalaun 12 Sitapur
5 Jhansi 13 Farrukhabad
6 Mathura 14 Allahbad
7 Mirzapur 15 Banda
8 Pratapgarh 16 Meerut
SECOND SCHEDULE
[See section 2 (12)]
Measures Relating To Soil And Water Conservation
1. Measures against wind erosion and water erosion (sheet erosion, gully and
ravine formation, bank-cutting and floods), such as
(a) construction of mends, dauls, and bondhis and planting of munja,
sarkanda or other soil-binding grasses or plants thereon;
(b) leveling of the land;
(c) contour cultivation;
(d) prohibition of deep, cultivation by tractors in areas subject to erosion;
(e) prohibition from growing tow crops;
(f) strip cropping;
(g) growing of quick -maturing leguminous close growing crops rainy
season;
(h) green manuring and application of bulky organic manures, e. g, compost,
farmyard manure, etc.
(i) retirement of any land from cultivation if its continuance under agriculture
is prejudicial to that land or some other land;
(j) control on grazing;
(k) afforestation or planting of fruit trees or raising of pasture on any land
for its protection from erosion or for the protection of any other land;
46
[The Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963] [Schedule 2]
(1) planting of trees or shrubs to serve as wind-breaks;
(m) control on the felling or lopping of trees or clearance of bushes;
(n) prevention from creaking of marginal and sub -marginal lands for cultivation
purposes.
2-- Measures-against water-logging and impended drainage such as---
(a) conversion of water-logged areas into ponds;
(b) opening of drainage cuts;
(c) pumping out sub-soil water; ,
(d) increasing the number of culverts and aqueducts or widening the existing ones along
railway, canal or road embankments.
3-- Measures for improving bhur (sandy) soils such as:
(a) construction of mends, dauls and bundhis and planting of munja sarkanda or others
soil-binding grasses or plants thereon;
(b) levelling of the-land ;
(c) prohibition of deep cultivation by tractors;
(d) growing of leguminous crops;
(e) green manuring and application of bulky organic manure e, g. c ompost, farmyard
manure, etc.;
(f) control on grazing.
4-- Measures for prevention of usar formation and reclamation of user lands such as:
(a) drainage of both surface and sub-soil water where the water-table is high;
(b) construction of bundhis and impounding of rain and canal water in places where the
water-table is low with a view to Washing down the injurious salts;
(c) providing drainage cuts where there is water-logging; and
(d) application of gypsum.
5-- Maintenance and repair of workers, conducive to soil and water conservation, whet her
these, works may have been executed under the plan or otherwise.
6-- Such other measures as may be prescribed.