The UTTAR PRADESH AREA DEVELOPMENT ACT, 1976

102 THE UTTAR PRADESH AREA DEVELOPMENT ACT, 19761 [U. P. ACT NO. 51 OF 1976] [Passed in Hindi by the Uttar Pradesh Legislative Assembly On November 2,1976 and by the Uttar Pradesh Legislative Council on November 8, 1976. Received the assent of the Governor on November 20, 1976 under Article 200 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated November 23.1976.] AN ACT to provide for matters connected with the comprehensive development of command areas covered 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, 1- (1) This Act may be called the Uttar Pradesh Area Development Act, 1976. extent and (2) It extends to the whole of Uttar Pradesh. commencement (3) It shall come into force on such date as the State Government may by notification appoint in this behalf 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 raising agricultural production and includes drainage, ground-water development and soil conservation ; (b) "agricultural production" includes production of agriculture, horticulture, pisciculture, forestry, sericulture, bee-keeping, dairy farming, piggery and poultry farming and also includes such 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 relation to an irrigation project, means an area which for purposes of 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 Authority 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 ordinary 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 unable 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) construction, renovation, redesigning, realigning and lining of water courses; (ii) land leveling and land shaping, 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 permanent 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 for 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 tenant or sub-tenant or as mortgagee in possession or licensee or otherwise, and includes person who is likely to be benefited 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 an officer appointed as such by the State Government by notification; (p) "project director" means such officer as may 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 recoverable from a land holder in proportion 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) "small farmer", "marginal farmer", "agriculture labourer" and "village artisans" means persons defined as such by notification by the State Government from time to time; (u) "special loan!' means a loan granted by the Authority to an ineligible person ; (v) "works" includes any work relating to land development to be executed under a project under this Act. Establishme 3- (1) The State Government may by notification establish an Area Development nt of Authority for such area as may be notified : command Provided that for every command area of an irrigation project, there shall be a area separate Area Development Authority : development Provided further that the State Government may by notification extend the authority 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 4- (1) The Authority shall consist of the following :- of Authority (a) project administrator who shall be the Chairman; (b) an officer nominated by the Agricultural Production Commissioner, 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 nominated by that Government; (e) one member 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 and rural economics to be nominated 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 from 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 5- (1) The Authority may constitute standing or ad hoc committees consisting committee etc. either wholly of members of the Authority or wholly of other persons, or partly of members of the Authority and partly of other persons, for any purpose or purposes consistent with the provisions of this Act, to assist the Authority 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 meetings of the Authority including the 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 assisting or advising it on any matter, and the person so invited may take part in any proceedings of the Authority but shall have no right to vote. Share capital 7- (1) The authorized capital of the Authority shall be ten crores of rupees divided and share into ten thousand shares of ten thousand rupees each, of which two thousand fully holder paid up shares often thousand rupees each, shall be issued in the first instance, and the remaining shares, may, with the prior sanction of the State 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 share capital may be subscribed to by the State Government and the Central Government in such proportion as may be mutually determined. (4) The State Government may from time to time in crease the authorised capital of the Authority to such extent as the State Government may deem necessary. 106 [The Uttar Pradesh Area Development Act, 1976] [Section 8-12] Appointment of 8- (1) The Authority may appoint such employees as it considers employees 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 special 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 Chairman, the supervision and control over all employees of the Authority shall vest in the Secretary. Authentication of orders 9- All proceedings of the meetings of the Authority shall he and other instru-ments of authenticated by the signature of the Chair mall and all orders and other the Authority instruments of Authority shall be authenticated by signatures of the Secretary or such other officer of the Authority as may be authorized in this behalf by regulations. Act not to be 10- No Act done or proceedings taken under this Act by the Authority or invalidated by a committee appointed by the Authority shall be invalidated merely on the informality or vacancy 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 11- The functions of the Authority shall be the following; namely :- Authority (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 outlet 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 formulation, 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 plan, 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 ensuring 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 growth centres for integrated area development ; (P) agriculture extension services, including training of farmers, artisans, field research on experimental stations and farms and farmers service societies; (q) promotion and development 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 Government, 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 any 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 13- The State Government may guarantee the bonds and debentures and other the State securities issued by the Authority and the loans and deposits raised by the Government 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 manner, 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 Government 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 separate land development projects 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 15- The State Government may, by notification, either approve the plan or any of plan phase thereof with or without any modification. 109 [The Uttar Pradesh Area Development Act, 1976] [Section 16] Consequences 16- On the approval of the plan or any phase thereof by the State Government notification 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 or any corporate, body controlled, by the State Government, functioning within, the areas of title operation of the approved plan to follow the directions of the Authority, and such body shall thereupon follow such directions 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 agricultural production such as, seeds, pesticides, 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 Government shall review the implementation of the 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 behalf and recover the proportionate cost of works from the beneficiaries. (2) Where the Authority chooses to carry out the land development itself as provided in sub-section (1), the land development to carried out shall be deemed to have been done with the 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 physical 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 anything 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 establish 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 19- The meetings of the District Committees shall be held in such manner and the District shall be governed by such procedure as may be laid down in the regulations. Committees Functions and duties 20- The District Committees shall perform such duties and functions and of the District exercise such powers as may be laid down by the regulations or as may be Committees entrusted to it by the Authority. Functions of the 21- Subject to the provisions of any regulation or any directions given by the project Director Authority, the Project Director 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 22- (1) With affect from September 16, 1989 all Chak Sabhas and Chak Chak Sabhas Samitis constituted respectively under sections 22 and 23 as those sections and consequences 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 Sabha 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” means a Gaon Sabha established under the U.P. Panchayat Raj Act, 1947. Jal Prabandh 23- For the management of works constructed for land development and other Samiti 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, functions 24- (1) Without prejudice to the provisions of section 23, the powers, functions and and duties of Jal Prabandh Samiti shall be such as may be prescribed in rules duties of Jal made under section 110 of the U.P. Panchayat Raj Act, 1947. Prabandh Samiti (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 shall 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 25- Every contract or assurance of property on behalf of the Authority shall be registration of in writing and be executed by such authority and in such manner as may be contract, etc. 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 or on behalf of the Authority. (2) The Authority shall also have another fund to be called the Loan Fund which shall also be deemed to be a local fund and to which shall 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 previous approval of the State Government, institute such other funds 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 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 28- (1) The State Government may, after due appropriation by law by the State subventions to Legislature, from time to time make, grants and subventions to the Authority for the the Authority 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 29- The State Government may, from time to time, advance loans to the Authority, 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 30- (1) Stock or bonds issued by the Authority shall be issued, transferred, dealt authority to with and redeemed in such manner, as the State Government may by-general or borrow 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 31- The Authority shall create a depreciation reserve and make annual provision Reserve there for in accordance with the principles as may be prescribed. Accounts 32- (1) The Authority shall before the commencement of and may at any time and audit 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 34- The Authority may levy charges for the maintenance and repairs of irrigation leviable channels from the beneficiaries where maintenance of such channels is done by the Authority. Recovery of 35- (1) Subject to such terms and conditions as may be prescribed and subject also the cost of to the approval of the State Government, the Authority may levy charges for the land recovery of the cost of land development and the cost of any work from the person development benefited by such land development and works, in such instalments and during such and cost on period as may be specified by the Authority: works (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 36- The Authority may charge such fees as may be specified in regulations for service rendering any service to any person. Recovery 37- Any sum due to the Authority on account of any special loan, betterment fee of fee, cost charges other fees, cost of works, penalty or damage under this Act shall be or other recoverable as arrears of land revenue. sum Transfer of 38- (1) When any charges towards cost of any work are to be recovered from any rights and person under section 35, then notwithstanding anything contained in this Act or any liabilties other law for the time being in force, all the rights and liabilities of the Authority for towards the recovery of the cost or part of cost from the land holders may, it the Authority recovery of so directs, stand transferred to a Land Development Bark as defined in the Uttar cost 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 39- No person shall- certain acts (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 40- All members, officers and servants of the Authority whether representing and servants of or appointed by the Authority of the State Government shall be deemed, when the Authority to acting or purporting to act in pursuance of the provisions of this Act to be be public servants public servants within the meaning of section 21 of Indian Penal Code. Act 45 of 1860 Cognizance of 41- No court shall take cognizance of any offence under this, Act except on offences 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 43- (1) If the person committing an offence under this Act is a company, the companies 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 45- (1) Where any person in the, presence of any officer of the Authority, person refusing authorized by it by general or special order in that behalf has committed or has to give his name been accused of committing or who is reasonably suspected by such officer of and committing any offence punishable under this Act refuses or fails on demand address 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 46- (1) The Chairman or the Secretary of the Authority or any other officer of the of offences 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 47- It shall be duty of all police officers and of employees of the State police officers Government-in whose knowledge, any offence punishable under this Act is and employees committed or attempted to be committed, to give immediate information to the of the State Authority or to officers of the Authority authorized in this behalf, of the Government, commission of or, as the case may be, of the attempt to commit such offence and to etc. assist all such officers in the exercise of their authority under this Act. Direction to 48- (1) In the discharge of its functions, the Authority shall be guided by such, the Authority directions, on questions of policy as may be given to it by the State Government. on questions (2) If any question arises whether any matter is or is not a matter in respect of of policy which the State Government may issue a direction under sub-section (1) the decision of the State Government shall be final. Annual report 49- (l) The Authority shall as soon as may be after the end of each financial year, statistics, returns prepare and submit to the State Government before such date and in such form as and other the State Government may direct, a report giving an account of its activities during information by the previous financial year, and the report shall also give an account of the activities the Authority 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 50- (1) The State Government Departments and other statutory bodies controlled Government by the State Government shall under such help and assistance and furnish such Departments information to the Authority and shall make available for the inspection and and other examination of land (if necessary, preparation of copies from) such records, maps, statutory plans and other documents, as it may require in the discharge of its functions under bodies to this Act. assist (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 51- In any case not other wise expressly provided for in this Act the Authority power may pay reasonable compensation to any person who sustains damage by reason to pay of the exercise of any power vested by or under this Act in the Authority. compensation Protection for 52- No suit, prosecution or other legal proceeding shall lie-against the State acts done in Government, the Authority or a Chairman or other, member of the Authority or good faith 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 53- The State Government may, by notification, make rules for carrying out the make purposes of this Act. rules 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 55- Subject to any directions of the State Government, the Authority may, by of powers 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 56- Where a power in respect of any of the functions assigned to the Authority powers under under this Act is assigned to any other body under any other Uttar Pradesh Act, other enact- then upon a notification issued by the State Government in this behalf, the ments may be power shall be deemed to be conferred on the Authority or any of its officers to conferred on be specified in the notification. Authority Removal of 57- (1) The State Government may, for the purpose of removing any difficulty, difficulties 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 58- (1) The Uttar Pradesh Area Development Ordinance, 1976, hereby savings repealed. U.P. (2) Notwithstanding such repeal, anything done or any action taken under Ordinance no. the aforesaid ordinance shall be deemed to have been done or taken under the 32 of 1976 provisions of this Act, as if this Act were in force at all material times.