Amendment status not verified — confirm the current text below against the official source.
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 to area of land 'held by land-holders in its area of jurisdiction in lieu of the benefits that the land-holders 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 law by the State Legislature, from time to time make, grants and subventions to the Authority for the purposes of this Act on such terms and 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 for 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 the State Government and the Authority may agree upon. Power to the authority to borrow 30- (1) Stock or bonds issued by the Authority shall be issued, transferred, dealt with and redeemed in such manner, as the State Government may by-general or special order direct. (2) The Authority may advance any part of such borrowings 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 programme of its activities during the year as well as financial estimates in respect thereof and the same shall be submitted 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 entitled to expend on all accounts up to an amount not exceeding the amount approved for the corresponding period of the previous financial year and such amount shall not include any sum spent out of the grants and subventions during the said period. (2) The Authority 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 neglect 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 mis-application 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 from 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 may fix after taking into consideration 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 fees, 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 charges towards cost of any work are 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 holders may, it the Authority so directs, stand transferred to a Land 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 any guarantee by the Authority or the State Government) as may be agreed upon between the Authority; the State Government and such Bank. (2) Where the Authority makes a direction under sub-section (1) it shall be deemed that each land holder concerned has become member of the co-operative society, namely the development bark concerned, 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 Development Bank all such documents, and the evidence relating to his land as the Bank may require. (4) On such transfer of rights arid liabilities of the Authority, the development bank shall pay to the Authority an amount equal to the extent of liablility accepted by it under the agreement, and the Authority shall inform the holders of land concerned 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 liablities accepted by the Development Bank. Offences and Penalties Prohibition of certain acts 39- No person shall- (a) wilfully obstruct any person acting 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 any 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 officer 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 representing or appointed by the Authority of the State Government shall be deemed, when acting or purporting 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 cognizance of any offence under this, Act except on the complaint of the Authority 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 or 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 committing 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 proceeded 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 knowledge or that he exercised all due diligence to prevent the 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, secretary 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 enter 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 or has been accused of committing or who is reasonably suspected by such officer 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 Code of Criminal Procedure, 1973 shall mutatis mutandis apply in relation of any 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 Authority or any other officer of the Authority authorized by it by general or special order in that behalf may either before, or after institution of the proceedings, 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 proceedings shall be taken against him in respect or the offence so compounded. Duties of police officers and employees of the State Government, etc. 47- It shall be duty of all police officers and of employees of the State Government-in whose knowledge, any offence punishable under this Act is committed or attempted to be committed, to give immediate information to the Authority or to officers 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 Authority 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 soon as may be after the end of each financial year, prepare and submit to the State Government before such date and in such form as the State Government may direct, a report giving an account of its activities 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 existing activities of the Authority or any other matter under the control of the 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 Departments and other statutory bodies controlled by the State 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 copies 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 be 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, prosecution or other legal proceeding shall lie-against the State Government, the Authority or a Chairman or other, member of the Authority or any officer or servant 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 approval 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 the following matters namely:- (a) summoning and holding of meetings of the Authority, the time and place where such meetings arc 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 preparation of balance sheet by the Authority; (g) the procedure for carrying out the functions of the Authority under this Act including the preparation of the plan ; (h) the relegation of powers 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 regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1). 118 [The Uttar Pradesh Area Development Act, 1976] [Section 55-58] Delegation of powers 55- Subject to any directions of the State Government, the Authority may, by regulations delegate any of its powers, except the power to frame a plan, to the Chairman or to any other officer of the Authority. Additional powers under other enact- ments may be conferred on Authority 56- Where a power in respect of any of the functions assigned to the Authority under this Act is assigned to any other body under any other Uttar Pradesh Act, then upon a notification issued by the State Government in this behalf, the power shall be deemed to be conferred on the Authority or any of its officers to be specified in the notification. Removal of difficulties 57- (1) The State Government may, for the purpose of removing any difficulty, particularly in relation to the transaction of functions from other State Government departments or authorities or bodies to the Authority, make such order as it may deem to be necessary or expedient : Provided that no such order shall be made after the expiry of period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid before both Houses of the State Legislature. Repeal and savings U.P. Ordinance no. 32 of 1976 58- (1) The Uttar Pradesh Area Development Ordinance, 1976, hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the aforesaid ordinance shall be deemed to have been done or taken under the provisions of this Act, as if this Act were in force at all material times.