UTTAR PRADESH FLOOD EMERGENCY POWERS (EVACUATION AND REQUISITION) ACT, 1951

1951 · State unknown · central · act_text

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Sections (17)

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

1 · (1) This Act may be called the Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act, 1951 .

2 · In this Act unless there is anything repugnant in the subject or context, —

3 · (1) The District Magistrate may, if it appears 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

1 · . For Statement of Objects and Reasons, See U. P. Gazette Extraordinary, dated August 11, 1951 .

2 · . Subs. by section 2 of U. P. Act No. XX of 1964.

3 · . Subs. by section 3 ibid.

1 · [3-A. (1) Whenever the District Magistrate is of the opinion that for the purpose of preventing an imminent danger to life or serious damage to property, caused or threatened by floods in any area, it is necessary in the public interest —

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 be appear to him to be necessary or expedient in connection with such requisition.

1 · . Ins. by section 4 of U. P. Act No. xx of 1964.

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 paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out that is to say.

7 · Without prejudice to the provisions of section 5, the District Magistrate may, during a period of flood emergency, require any person or 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.

8 · Any person authorized in this behalf by the district magistrate may enter upon and inspect any premises or boat for the purposes 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.

9 · . The District Magistrate may, with a view requisitioning any premises or boat or determine the compensation payable therefor under section 6 by order —

10 · No owner of any boat or any person in possession thereof, shall after service of the order under section 5, remove any part or any other accessory in or any way injure the boat so as to reduce the usefulness of such boat.

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

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

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