THE UTTAR PRADESH BHOOMI EVAM JAL SANRAKSHAN
NIYAMAWALI, 1963[1] In exercise of the powers under
section 33 of the Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963
(U.P. Act No. XVI of 1963), the Governor of the Uttar Pradesh to make the
following rules for the purposes of carrying into effect the provisions of the
said Act: (i) These
rules may be called the Uttar Pradesh Bhoomi Evam Jal Sanrakshan Niyamvali,
1963. (ii) They
shall come into force immediately. In these rules unless there is
anything repugnant in the subject or context-- (i) "Act"
means the Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963 (U.P. Act
No. XVI of 1963). (ii) "Form
" means a form appended to these Rules. The Board may make its
recommendations to the government for starting soil and water conservation work
in any particular district. (1) As soon
as the Act is enforced in a district under sub-section (2) of section 1 thereof
the Collector of the district concerned shall establish the zila Samiti in
accordance with the provision of the sub-section (6) of the Act by notification
in the Gazette. (2) If any
member of the Samiti dies, resigns, refuses to act or has become incapable of
acting, his office shall thereupon become vacant. (3) As soon
as the Samiti has been formed in a district, the Director shall intimate to the
Secretary of the Samiti the name, designation and address of his appointee. (i) The
quorum for a meeting of the Board shall consist of four members. (ii) The Board
shall hold a meeting at least once a year or oftener, as considered necessary
by the Chairman. (iii) The
Secretary of the Board shall, as far as possible, intimate to the members of
the Board the date and venue of meeting at least four weeks before the date of
the meeting., (iv) The
members may send to the Secretary of the Board their suggestions regarding the
matters they may like to be considered at the meeting at least two weeks before
the date of the meeting. (v) The
Secretary shall draw up the agenda of the meeting keeping in view the
suggestion received from the members and circulate it as far as possible one
week before the date of the meeting. (vi) The
proceedings of the meeting shall be recorded. (vii) Copies of
the minutes of the previous meeting of the Board shall, as far as possible, be
supplied to the members within six weeks from the date of the meeting. (viii) All
communication from the orders of the Board shall be signed and issued by the
Secretary or any other officer authorised by the Board in this behalf. (ix) The
Board, if it so desires, may appoint a sub-committee to further examine and
report on any of the items of the agenda and for conducting other studies as
the Board might require from time to time. (i) The Zila
Samiti shall meet, at least once every two months or oftener as considered
necessary by the Chairman. (ii) The
quorum for a meeting of the Zila Samiti shall consist of five members. (iii) The
Secretary, Zila Samiti, shall draw up the agenda and circulate it among the
members at least one week before the date of the meeting. (iv) At least
15 days' notice of the meeting in which the report of Bhoomi Sanrakshan
Adhikari on the objections to the draft plan is to be considered shall be given
to the members and the appointee of the Director. (v) In the
event of the appointee of the Director not attending a meeting for which
reasons should be communicated in writing, consideration of the report of
Bhoomi Sanrakshan Adhikari on objections received shall be postponed to the
next meeting. (vi) The
proceedings of the meeting shall be recorded by the Secretary, and copies
supplied to the members ordinarily within six weeks from the date of meeting. (vii) All
communications and orders of the Samiti shall be signed and issued by the
Secretary of the Samiti. (1) Where
there are more Bhoomi Sanrakshan Adhikaris than one in any district the senior
most Bhoomi Sanrakshan Adhikari shall be the Secretary of the Zila Samiti under
clause (f) of sub-section (j) of section 6 of the Act. (2) Where
there is one Bhoomi Sanrakshan Adhikari for more than one district, he shall be
the Secretary of the Zila Samitis of all such districts. (3) The
Bhoomi Sanrakshan Adhikari shall-- (i) be
responsible for conducting survey, collecting data and preparing draft plans
for the district or any part thereof and for performing functions incidental
thereto; (ii) be
responsible for the planning and designing of soil and water conservation
works; (iii) be
responsible for timely submission of accounts of liabilities to beneficiaries; (iv) be
responsible for the maintenance of proper records; (v) shall
award contracts for individual works of a plan up to Rs. 1,000 (one thousand
only) in each case without calling tenders at the rates not exceeding those
provided in the estimates under delegated in Judicial (A-II) Department's
notification no. 148/VII--Krishi (Kh)--1134-163, dated December 20, 1963.
Priority shall be given in awarding the contract to the
beneficiary/beneficiaries or a nominee of the beneficiary/beneficiaries or the
nominee of the Gram Sabha of the area relating to the plan in order of
preference ; (vi) shall
call tenders for works not exceeding Rs. 10,000 (rupees ten thousand only), (vii) shall
maintain a measurement book in Form 23 of the Public Works Account Rules
(F.H.B., Vol. VI) of all works executed through him, and also those executed by
the beneficiaries and eligible for subsidy. The S.C. Forms 1, 2-A, 2-B, 3 to
7, 7-A, 7-B, 8 to 10, 10-A, 11, 12, 12-A, 12-B, 13, 14, 14-A, 15 to 17 and
those shown in Appendix I shall be maintained in the office of the Bhoomi
Sanrakshan Adhikari and such of his subordinates as considered necessary. The following particulars shall
be set out in the draft plan-- (i) Location,
extent, nature and existing land use of the area in S.C. Form 1. (ii) Soil and
water conservation survey data and plan in S.C. Forms 2-A and 2-B accompanied
by the Soil and Water Conservation survey map and use capability map on
16" to a mile scale and plan map on 32" to a mile scale map. (iii) Estimates
of quantity and cost of works in S. C. Form 3. (iv) Statement
showing the details of work to be executed by individual beneficiaries and the
estimate of cost in S. C. Form 4. (v) Statement
of work to be carried out by the Bhoomi Sanrakshan Adhikari in S. C. Form 5. (vi) Detailed
plans and estimates for masonry works exceeding Rs. 10,000 (rupees ten thousand
only) for each item of work (if any) on P.W.D. Form M.F. no. 80, M.F. no.
37/63-A, M.F. no. 32, M.F. no. 39, M.F. no. 2, M.F. no. 41 and M.F. no. 43. With a view to determine the extent
of benefit that may accure to a beneficiary, to work under a plan may be
categorised by the Director or his appointee into three classes, viz. (i) permanent, (ii) semi-permanent,
and (iii) temporary, having
regard to the following classifications as the Director or his appointee may
make in the light of local conditions: 1. Permanent Masonry structures of all sorts,
levelling of land, construction of ponds, installation for pumping out of
sub-soil water, application of gypsum or other organic amendments, leaching,
planting of trees including wind breaks, opening of drainage cut, construction
of bench terraces, raising of pasture, minor irrigation and various water
management practices including construction of irrigation channels]. 2. Semi-permanent Bounding including construction
of mends, dauls, bundhees, contour bunds, marginal bunds, peripheral bunds,
earth check bunds, planting of munj, sarkanda or other soil-binding grasses on
bunds or waterways and maintenance shown in column 1. 3. Temporary Contour cultivation, strip
cropping, pumping sub-soil water, growing of cover crops, green manuring,
application of compost and Farm Yard Manure and maintenance of original works
shown in column 2. (1) (i)
Bhoomidhars and Sirdars shall be responsible for execution, maintenance and
repairs of all works executed on the land in their respective possession. (ii)
(a) Where the land has been leased out by a Bhumidhar or Sirdar to an Asami
under section 133 (b) of U.P. Zamindari Abolition and Land Reforms Act, 1950,
the bhumidhar or Sirdar shall be responsible for the execution of permanent and
semi-permanent works and maintenance of permanent works, and the Asami shall be
responsible for maintenance and repairs of semi-permanent works and execution,
maintenance and repairs of temporary works. (b) Where the land has been
acquired by an Asami in any other manner under the provisions of the U.P.
Zamindari Abolition and Land Reforms Act, 1950, he shall be responsible for the
execution, maintenance and repairs of all the permanent, semi-permanent and
temporary works. (2) Every
Ilissadar, Maurusidar, Khaikar, Sirtan, mortgagee in actual possession, lessee,
sub-lessee or occupant shall be responsible for the execution, maintenance and
repairs of all the permanent, semi-permanent and temporary works carried out in
the lands in their personal cultivation in proportion to their interest. The Bhoomi Sanrakshan Adhikari
may, before placing the draft plan before the Zila Samili, obtain the advice of
the Director or his appointee on the soundness of the plan. (1) The
notice referred to in sub-section (2) of section 10 of the Act shall be
prepared in S.C. Form 6. (2) A record
of the date of publication by beat of drum shall be maintained duly witnessed
by at lease two respectable persons of the Gram Sabha concerned, one of whom
shall ordinarily be the Pradhan of the Gram Sabha. (1) An
objection made under sub-section (4) of Section 10 of the Act shall contain the
following : (i) name,
percentage and residence of the applicant; (ii) the
details of the land in respect of which the objection is raised; (iii) interest
of the objector in the land ; (iv) village,
khand and tehsil in which the land is situate ; (v) nature of
objection with full details of probable losses that may accrue to him or his
land, if the proposed plan is adopted; (vi) whether
the objector wants the plan to be modified-- (a) in his
land order; or (b) in the
neighbouring land ; or (c) in the
entire area covered by the plan ; (vii) full
details of the modifications proposed. (2) If the
objector proposes modifications in the plan of the neighbouring land he shall
also mention the name, parentage and address of the owner and also the Khasra
number/numbers of such neighbouring land. (3) An
objection made under sub-section (3) of section 10 of the Act shall contain
information on all the points mentioned in sub-rules (1) and (2), except those
under (i) and (ii) of sub-rule (1). (1) A notice
shall be issued to the objectors by the Bhoomi Sanrakshan Adhikari in Form S.C.
7 and to other persons affected by the proposals submitted by the objectors in
Form S.C. 7-A, requiring their appearance on the date of hearing of objections. (2) The
objections shall be heard in the village/villages to which these pertain,
unless for reasons to be recorded in writing, the Bhoomi Sanrakshan Adhikari
decides to hear them at any other place. (3) The
Bhoomi Sanrakshan Adhikari shall, as early as possible, submit his report on
such objections together with his views to the Zila Samiti in S.C. Form 8. When the plan has become final
under sub-section (5) or (7) of section 10 of the Act, a general notice in Form
S.C. 9 shall be published in the following manner: (i) by
pasting copies of the notice at the office of the Collector, Bhoomi Sanrakshan
Adhikari, Tahsildar, Block Development Officer, and at some conspicuous place
in the village or villages included in the plan, and (ii) by beat
of drum in each village included in the plan. If the Director proposes to make
any changes in the plan which might be to the prejudice of any beneficiary, he
shall issue a notice in S. C. Form 7-B. The Collector shall issue in S.
C. Form 10 an order directing the Bhoomi Sanrakshan Adhikari to take temporary
possession of the land under sub-section (1) of section 14 of the Act. The Bhoomi Sanrakshan Adhikari or
any officer authorised by him in this behalf before taking possession of land
shall issue a notice in Form S. C. 10-A and shall get the notice served on the
person/persons concerned in the manner prescribed under rule 31. The Collector shall, under
sub-section (2) of section 16 of the Act, issue a notice in Form S. C. 11
requiring all persons concerned to file their claims for compensation by
getting it-- (a) affixed
at the offices of the Collector and the Bhoomi Sanrakshan Adhikari ; (b) served
in the manner prescribed under rule 31. (1) The
notice referred to in sub-section (1) of section 18 of the Act shall be in Form
S.C. 12. (2) Where a
beneficiary is unable to carry out a work provided in the plan within the
period allowed, he shall send a reply in Form S. C. 12-A to the Bhoomi
Sanrakshan Adhikari within 15 days of the receipt of the notice under
sub-section (1) of section 18. The Bhoomi Sanrakshan Adhikari
shall prepare a detailed statement in Form S. C. 5 of all works under a plan to
be carried out departmentally and lay the same before the Zila Samiti for its
information and submit a copy to the Director of Agriculture or his appointee. [3] [(1)
Payment for cost of works carried out by the Bhoomi Sanrakshan Adhikari shall
be made by the beneficiary in half-yearly instalments and shall start two years
after the completion of the work. The rate of interest charged shall be 10.5 pr
cent per annum or such rate as the State Government may from time to time fix. (2)? ?No
interest shall be charged if the beneficiary discharges his liability to the
full within two years of the completion of work. (3) ???Notwithstanding anything contained in
sub-rule (1), no instalment shall consist of less than a rupee. (1) The
Bhoomi Sanrakshan Adhikari shall prepare the account of the
beneficiary/beneficiaries in S. C. Form 17 and serve the same on the
beneficiary/beneficiaries and forward a copy thereof to the Collector within
three months of the completion of the work under a plan. (2) The
Collector shall get the work verified within three months from the receipt of
the account in S. C. Form 17. (1) (i) The
Bhoomi Sanrakshan Adhikari shall maintain a Work Progress Register for each
plan in Form S. C. 13. (ii) A planwise abstract of
progress of the work done each month will be maintained at the block
headquarters in S. C. Form 14. (iii) The Bhoomi Sanrakshan
Adhikari shall report the progress of work to the Zila Samiti every quarter in
S. C. Forms 14-A and 15. (iv) The reports mentioned in
sub-sections (2) and (3) of section 19 of the Act shall be submitted in S. C.
Form 15. (2) The
records mentioned in sub-rule (1) shall indicate separately the works executed
by the beneficiaries and the Government. (1) The
Bhoomi Sanrakshan Adhikari shall prepare the statement referred to in section
20 of the Act in triplicate in S. C. Form 16 separately for each plan. (2) The
statement referred to in sub-rule (1) shall be accompanied by a map showing the
exact position of each work by suitable symbols. One copy of the statement
shall be retained in the office of the Bhoomi Sanrakshan Adhikari and two
copies shall be sent within three months of completion of a plan to the
Collector. The Collector shall, after getting the necessary inquiries made,
send them within one month of their receipt to the Assistant Collector Incharge
of the sub-division concerned and get the necessary changes made in the village
records. He shall also order one copy in S. C. Form 16 to be kept in the last
settlement volume in the Sadar record room and the other copy to be kept by the
Lekhpal in the settlement volume in his charge. A notice under sub-section (1) of
section 22 of the Act shall be given in S. C. Form 12-B. (1) A fee of
Rs. 5 (rupees five) shall be payable for the supply of a copy of the plan. (2) Copies of
documents other than a plan shall be supplied on payment of a free calculated
at the rate of Re. 1 (rupee one) per thousand words. (1) The
Deputy Director of Agriculture, Soil Conservation may call tenders up to Rs.
50,000 (rupees fifty thousand only) and award contract up to Rs. 10,000 (rupees
ten thousand only) in each case, under powers delegated in Judicial (A-II)
Department's notification no. 148/VII-Krishi (Kha)--1134/1963, dated December
20, 1963, seperate tenders may be called for individual works in a plan. (2) The
Director may call tenders and award contracts up to Rs. 2 (two) lakhs in each
case, under powers delegated in Judicial (A-II) Departments notification no.
148/VII-Krishi (Kha)--1134-1963, dated December 20, 1963. (1) The
Collector shall order the appropriate Revenue authorities in the district to
supply to the Bhoomi Sanrakshan Adikari or his nominee certified copies of the
following latest available maps and records relating to any part of the
district for which it is required to prepare soil and water conservation plan
:-- (i) Shajra, (ii) Khasra, (iii) Khatauni. (2) No fee
shall be charged for the records and maps supplied to the Bhoomi Sanrakshan
Adhikari under sub-rule (1). (3) The
records mentioned in this rule shall, as far as possible, be supplied within
three weeks of receipt of the requisition of the Bhoomi Sanrakshan Adhikari in
this behalf. Any notice under the Act may be
served on the person to whom it is to be given either personally or by sending
it by registered post. 1.
Cash Book--Form No. 2 or 2-AA of the Financial Hand Book, Volume
V, Part I. 2.
Cash Receipt Book--2-D--Agriculture Department. 3.
Contingent Register for drawings from Treasure--D-9--Agriculture
Department. 4.
Voucher Form--D-5--Agriculture Department. 5.
Daily Labour Chittah--D-3--Agriculture Department. 6.
Pay Roll of Monthly Paid Servants--4-A--Agriculture Department. 7.
Register of Receipt--D-6--Agriculture Department. 8.
Store Ledger--D-42--Agriculture Department. 9.
Arrear Wages Register--D-16--Agriculture Department. 10. Register
of Remittances from Outside--D-19--Agriculture Department. 11. Report of
Survey of Stores--D-22--Agriculture Department. 12. Travelling
Allowance Journal--D-27--Agriculture Department. 13. Travelling
Allowance Register--D-28--Agriculture Department. 14. Store
Receipt Book--D-39--Agriculture Department. 15. Bill
Book--D-40--Agriculture Department. 16. Register
of Railway Receipts D-47--Agriculture Department. 17. Measurement
Book--Form 23 of Public Works Accounts Code. 18. First and
Final Bill--Form 24 of Public Works Accounts Code. 19. Works
Abstract A--Form 33 of Public Works Accounts Code. 20. Running
Account Bill--Form 25 of Public Works Accounts Code. 21. Detailed
completion report--Form 44 of Public Works. Accounts Code. 22. Tender
Notice Form--Tender Form and Agreement Form--As provided in Financial Hand
Book, Volume V, Part I. 23. Plantation
Control--29-E of Forest Department. 24. Plantation
Control--29-F of Forest Department. 25. Provision
of the Working Plan regarding Subsidiary Operations--29-C--Forest Department. 26. M.F. No.
32--Details of Measurement. 27. M.F. No.
32--Preliminary proposals for administrative approval. 28. M.F. No.
37/63-A--Index of Contents. 29. M.F. No.
41--Bill of quantities. 30. M.F. No.
43--Summary of estimate cost. 31. M.F. No.
80--Title page.. 32. M.F. No.
89--Specification. 33. I. B.
Form No. 10-B-- [See Appendix V-II-2 (e) of Financial Hand Book, Volume VI]. 34. I. B.
Form No. 111 accompanied by I.D. Form No. 112 [See Appendix VII (3) of
Financial Hand Book, Volume VI]. [1] Vide Notification No. H-5657/XII--B-1134-63, dated 20th
December, 1963, published in the U.P. Gazette, Extraordinary, dated December
23,1963. [2] Substituted by Notification No. H-4225/XII-B--1255-70,
dated 10-1-1972, published in U.P. Gazette, Part I-ka, dated 29th January,
1972, page 278. [3] Substituted by Notification No. 719/12(3)-480-83, dated 11
th Feb., 1986, published in U.P. Gazette, Part I-ka, dated 27th Sept., 1986.PREAMBLE