[ U. P. ACT NO. XXII of 1951 ]

1951 · State unknown · central · act_text

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Sections (14)

3 · (1) If the State Government is of the opinion that any area is infested with kans, it may, by notification published in the official

1 · For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated September 4, 1951.

2 · It will come into force with immediate effect vide notification no. C-5128/XII-A, dated October 29, 1951.

4 · If any person interested in any land included in the kans area files an objection within 30 days of the notification under section 3 that the kans area or any part thereof ought not to be taken up for kans eradication operations for the reasons to be stated by the objector, the State Government may, after making such enquiries as may be necessary, cancel the notification either in respect of the entire area, where upon the area shall cease to be kans area or in respect of the part whereupon such part shall cease to be included in the kans area.

5 · (1) After 30 days of the date of publication of the notification under sub-section (1) of section 3 in respect of any area, and where any objection has been filed under section 4 after the disposal of such objection, it shall be lawful for the Kans Officer and his subordinates or workmen authorized by him in this behalf to —

6 · (1) Any person owing or having an interest in the land included in the kans area shall not during the period of kans eradication operations do any act on or upon such land so as to hamper or obstruct the kans eradication operations.

7 · (1) The total expenditure incurred by the State Government on kans eradication operations on the land in the kans area (hereinafter called the cost of kans operations) shall be equitably apportioned, according to the area of the land from which Kans has been eradicated, by the kans officer as between the several owners or persons having interest in the land or lands in the kans area and the kans Officer shall fix the amount to be paid by each such owner or person and the amount so fixed shall be a charge on the land to which it relates. The amount so fixed shall not be called in question in any suit or other legal proceeding.

8 · Upon payment or recovery of the cost of kans operations specified in the notice under sub-section (3) of section 7 or upon execution of a bond for payment of the same by annual installments fixed under sub-section (2) of the said section the Kans Officer shall restore the land included in the kans area to such owner or other person.

9 · (1) Any person may, within thirty days from the date of issue of notification under sub-section (3) of section 5, apply to the Kans Officer for payment of compensation for destruction of, or damage to any tree, harvest and other things, as may be prescribed, in his land as a result of kans eradication operations carried on under section 5 and for the loss of harvest from cultivated land entered upon under the said section.

10 · The Kans Officer may take or cause to be taken such steps or use or cause to be used such force as may in his opinion be reasonably necessary for securing compliance with the provisions of this Act.

11 · All persons acting in pursuance of the provisions of this Act shall be deemed to be public servants within the meaning of that expression in the Indian Penal Code, 1860.

12 · No suit, prosecution or other legal proceedings shall be instituted against the Government or any person for anything which is in good faith done or intended to be done under this Act.

13 · The State Government may, by notification in the Gazette , delegate to any officer or authority subordinate to it, any of the powers conferred by it under this Act to be exercised subject to such restrictions and conditions as may be specified in the notification.

14 · (1) The State Government may, by notification, make rules for carrying out the purpose of this Act.

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