The uttar pradesh flood emergency powers (evacuation and requisition) act, 1951

Uttarakhand · state statute

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THE UTTAR PRADESH FLOOD EMERGENCY POWERS
(EVACUATION AND REQUISITION) ACT, 19511
[U. P. Act No. IX of 1952]

Amended by U. P. Act No. XX of 1964

[Passed in Hindi by the Uttar Pradesh Legislative Assembly on March 14, 1952, and
by the Uttar Pradesh Legislative Council on March 18, 1952.

Received the assent of the President o n May 24, 1952 under Article 201 of ‘the
Constitution of India’, and was published in the Uttar Pradesh Gazette, dated June 7, 1952.]

AN
ACT

[To make certain provisions for the pur pose of protecting life and property from
danger caused or threatened by floods.]2

[Whereas it is expedient to make certain provisions fo r the purpose of protecting of
life and property from the danger caused or threatened by floods.]3

It is hereby enacted as follows-

Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Flood Emergency Powers
(Evacuation and Requisition) Act, 1951.
(2) It extends to the whole of Uttar Pradesh:
(3) [***]4

Definitions 2. In this Act, unless there is anything repugnant in the !subject or context--
(a) "boat" includes a steamer;
(b) "District Magistrate" include s a Sub -Divisional Magistrate and a
Tahsildar ;
(c) "owner" includes the pledgee or pawnee in possession and, where
the person in possessio n of the boat is a minor the guardian of such minor;
and
(d) "State Government" means the Government of Uttar Pradesh.

1. For S. O. R. see U. P. Gazette Extraordinary, dated August 11, 1957.
2. Subs. by section 2 of U. P. Act No. XX of 1964.
3. Subs. by section 3 ibid.
4. Omitted by section 26 of U.P. Act No. 20 of 1982.

The Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) [Section 3-4]
Act, 1951

Evacuation to
areas
3. (1) The District Magistrate may, if it appear s necessary for the purpose of
protecting life and property from the danger caused or threatened by flood, by
order, direct that, subject to any exemptions made by general order or special
permission, all persons or any class of persons in any area to be specified shall
remove themselves or be removed from it or to any specified part thereof and
may do any other act which is necessary for this purpose.
(2) Any order made under sub-section (1) for the removal of persons may specify-
(a) the route or routes by which all or any class of persons are to remove
themselves or be removed from the specified area;
(b) the time or times by which they are to remove themse lves or be
removed from the specified area;
(c) the place or places to which th ey are to procee d or be taken on
removing themselves or being removed from the specified area;
and may make such other incidental or supplementary provisions a s
may appear necessary or expedient for the purposes of the said order.

[Power to
divert flow or
remove
obstruction
3-A (1) Whenever the District Magistrate is of the opinion that for the purpose of
preventing an immin ent danger to life or serious damage to property, caused
or threatened by floods in any area, it is necessary in the public interest-

(i) to divert the flow of the flooded water; or

(ii) to remove wholly or in par t any wall, embankment or any other
object causing obstruction to the flow of such water in any direction ;

he may make such order, as he thinks necessary, for diverting the flow of such
water or for the removal of such wall, embankment or object, as the case may
be.

(2) An order made by the District Magistrate tinder sub -section (1) shall be
executed by such agency and in such manner as may be specified in the
order.]1

Accommodation
of evacuated
person
4. The District Magistrate may , for the purpose of accommodat ing any person
who have left or have been removed from their houses in accordance with any
order made under section 3, take possession of any premises other than-

(a) premises used for the purpose of religious worship; or

(b) a private dwelling house in use as such.

1. Insertion by section 4 of U. P. Act No. 20 of 1964.
29

The Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) [Section 5-6]
Act, 1951

Requisition of
boat
5. (1) The District Magistrate may, if it appears necessary with a view to meeting or
averting danger caused or ·threatened by floods to life and property of persons
residing in any area, by written order requisition any boat and may make such
further orders as may appear to him to be necessary or expedient in
connection with such requisition.

(2) A copy of the order s hall he served on the owner of the boat, or where the
owner is not readily traceable or the ownership is in dispute, by pasting a copy
of the order at a prominent place in the vicinity where the boat is lying.

(3) If the owner of the boat does rio t, after service of the order in the mann er
provided in sub -section (2), place the boat in possession of the authority
mentioned therein such authority may seize the boat from any person why
may for the time being be in possession thereof.

(4) Where the District Magistrat e has requisitioned any boat, he may use or deal
with it in such manner as may appear to him to be expedient.

Compensation
or premises
6. (1) Whenever the District Magistrate takes possession of any premises Under
section 4 or requisitions any boat under section 5 the owner of the building or
the boat, as the case may be, shall be pai d compensation the amount of which
shall be de termined in the manner and in accordance with the principles
hereinafter set out that is to say.
(a) the District Magistrate shall determine the amount of comp ensation
after taking into consideration-
(i) in the case of a building, the r ent payable for similar buil dings in
the locality; and
(ii) in the case of boat, the prevailing rates of hire for such boats;
(iii) any damage done during the period of requisitioning to the
premises or the boat; and
(iv) any other material circumstances proved by the owner;
(b) the amount of compensation s o determined shall be offered to the
owner and if he aggress to accept it shall be paid to him;
(c) where the owner does not accept the amount the question shall be
referred to the Civil Judge having jurisdiction who shall determine the amount
of compensation having regard to the consi deration referred to in clause (a)
aforesaid;
(d) the decision of the Civil Judge shall be final and no appeal shall lie
against it.
(2) Save in so far as things may be in consistent with anything con tained in this
Act the provisions of the Code of Civil Procedure, 1908 shal l apply to
proceedings before the Civil Judge under this act.

The Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) [Section 7-11]
Act, 1951

Power to issue
direction to
boat owners
7. Without prejudice to the provisions of section 5, the District Magistrat e may,
during a period of flood emergency, require any person o r persons owing or
having in possession or under his or their control any boat to comply with
such directions as he may give in writing.

Entry and
inspection
8. Any person authorized, in this beha lf by the District Magistrate may enter
upon and inspect any premises or boat for the Purp oses of determining
whether such premises or boat is fit for use and should be requisitioned under
section 4 or 5, as the case may be.

Orders
regarding
information
and removal
9. The District Magistrate may, with a view to requisitioning any premises or
boat or determine the compensation payable therefor under section 6 by order-

(a) require any person to furnish to such authority as ,may be specified in
the order such information in his possession re1ating to the premises or the
boat as may be specified;

(b) direct that the owner or per son in possession o f the boat shall without
the permission of the District Magistrate dispose it or remove it till the expiry
of such period as may be specified in the order from the premises or place in
which it is kept.

Preventing
removing of
parts etc.
10. No owner of any boat or any person in possession thereof, shall, after service
of the order under section 5, r emove any part or any other accessory in or any
way injure the boat so as to reduce the use fullness of such boat.

Release from
requisition
11. (1) Any premises taken possession of under section 4 shall be returned to the
owner or from whom possession was taken --

(a) where it is not untilized fo r the purposes mentioned in section 4,
upon the expiry of three months from the date of taking possession.

(b) where it is so utilized, upon the expiry of 12 months from the said
date.

(2) A boat requisitioned under sect ion 5, shall be released from requisition in
favour of the owner or fro m the p erson from whom posse ssion was taken
before the expiry of three months from the date of taking possession.

(3) When any premises are or about to be rel eased from requisi tion under
subsection (1), the District Magistrate may, by order, in writing require any
person in occupation of the whole or any part of such premises to vacate the
same within a time to be specified and if such person fails to comply with the
notice, he may cause him to be evicted from the premises and use such force
as may be necessary for carrying out the orders.

The Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) [Section 12-16]
Act, 1951

(4) The delivery of possession and payment of compensation for the boat or the
premises to a person specified in the order made tinder sub -section (1) shall
be full discharge of any liab ility of the State Government to deliver
possession of the boat or the pre mises or to pay compensation to such
personas may have rightful clai m but shall not prejudice any right in respe ct
of such boat or premises or compensation money which any other person
may, by due process of law, be entitled to enforce against, the person to whom
possession has, been delivered, or payment made.

Protection
from suit or
prosecution
12. No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good, fait h done or intended to be done in pursuance of
any order made under this Act.

Penalty 13. Any person who fails to deliver possession of any premises or boat to the
District Magistrate under the provision of section 4 or 5 or delays or obstructs
the taking possession thereof or contravenes any other provision of this Act or
of any order made thereunder, shall be punishable with imprisonment for a
term which may extend to one month, or with fine which may extend t o two
hundred rupees, or with both.

Power to arrest 14. Any police officer not below the rank of a Sub -Inspector may arrest without
warrant any person who is reasonably suspected of ha ving c ommitted an
offence punishable under this Act.

Savings 15. (1) No order made in ex ercise of any power conferred by or under this Act shall
be called in question in any court.

(2) Where any order purports to ha ve been made or singed by any authorit y in
exercise of any power conferred by or under this Act, it shall within the
meaning of the I ndian Evidence Act, 1872, be presumed that such order was
so made by that authority.

Power to make
rules
16. The State Government may make rules to give effe ct to the purposes of this
Act.

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