UTTAR
PRADESH PRAYAGRAJ MELA AUTHORITY, ALLAHABAD, ACT, 2017 THE UTTAR PRADESH
PRAYAGRAJ MELA AUTHORITY, ALLAHABAD, ACT, 2017[1] [Act No. 05 of 2018] [05th January, 2018] An Act to provide for
the establishment of an authority to be known as the Prayagraj Mela Authority,
Allahabad for management of Melas to be organized at Allahabad in the month of
Magh and Falgun {January and February) and Kumbh and Maha Kumbh at intervals of
every six years and twelve years respectively at the confluence of rivers
Ganga, Yamuna and mystical Saraswati It
is hereby enacted in the Sixty-eighth Year of the Republic of India as
follows-- (1) This Act may be called the Uttar Pradesh Prayagraj
Mela Authority, Allahabad, Act, 2017. (2) It shall be deemed to have come into force on
November 30, 2017. (3) It extends to the area of Sangam, Allahabad or such
area as may be notified by State Government in the Gazette. In
this Act unless the context otherwise requires,-- (a) 'Additional Mela Adhikari' means an Officer
appointed by District Magistrate for assisting the Mela Adhikari and perform
the roles and responsibilities of Mela Adhikari in his absence; (b) 'Kumbha Mela' means a religious fair organised at
an interval of every six years at Sangam; (c)
'Authority'
means the Prayagraj Mela Authority, Allahabad established under Section 3; (d)
'Chief
Executive Officer' means the officer appointed by the State Government as Mela
Adhikari; (e)
'Commissioner'
means the Commissioner of Allahabad Division or such officer as may be
appointed by the State Government; (f)
'District
Magistrate' means the District Magistrate of Allahabad; (g)
'Fund'
means a fund under Section 17; (h) 'Green Zone' means an area free from polythene,
garbage and any such activity which may pollute environment and is contrary to
Swachh Bharat Mission of the Central Government; (i)
'Maha
Kumbh Mela' means a religious fair organized at an interval of every twelve
years at Sangam; (j)
'Magh
Mela' means a religious fair organised between Poornima of the month Magh and
Mahashivratri day falling in the month of Falgun Vikram Samvat at the
confluence of the rivers Ganga, Yamuna and mystical Saraswati; (k)
'Mela
Adhikari' means in officer appointed by the State Government for the executing
and managing the Mela affairs under the supervision of the Authority; (l) 'Mela Area' means an area surroundings Sangam as notified
by the District Magistrate, Allahabad in Official Gazette defining the limits
of the Mela area in accordance with the rules; (m)
'Religious
Congregation' means small and large gathering of men, women and children to
perform religious rituals at the confluence of Ganga, Yamuna and mystical
Saraswati and it's surroundings; (n) 'Sangam' means the place of confluence of rivers
Ganga, Yamuna and mystical Saraswati and the surroundings thereof. (1) The State Government shall within three months from
the date of commencement of this Act, by notification, establish an 'Authority'
to be known as 'Prayagraj Mela Authority, Allahabad,' to exercise the powers
conferred and perform the functions assigned to it under this Act. (2) The authority shall be a body corporate. (3) The Head Quarter of the Authority shall be at
Allahabad. The
Authority shall consist of the following members-- (i) The
Commissioner, Allahabad Division Chairperson (ii) Inspector
General of Police, Allahabad Zone Vice-Chairperson (iii) The
District Magistrate, Allahabad Vice-Chairperson (iv) Mela
Adhikari/Mela Magistrate The Chief
Executive Officer/Secretary (Appointed by the State Government at the time of
Maha Kumbha Mela or Kumbha Mela) (v) Additional
Mela Adhikari/Additional Mela Magistrate Member/Secretary
Appointed by the State Government at the time of Maha Kumbha Mela or Kumbha
Mela or an officiating Mela Adhikari appointed by District Magistrate
Allahabad will be the Member Secretary (vi) Vice-Chairman,
Allahabad Development Authority, Allahabad. Member (vii) Senior
Superintendent of Police, Allahabad Member (viii) Senior
Superintendent of Police (Maha Kumbha Mela/Kumbha Mela, Allahabad) Member (ix) Municipal
Commissioner, Municipal Corporation, Allahabad Member (x) Joint
Director Treasury, Allahabad Member (xi) Managing
Director, City Transport Services Member (xii) Chief
Medical Officer, Allahabad Member (xiii) Superintending
Engineer Irrigation Department, Allahabad Member (xiv) Superintending
Engineer, P.W.D., Allahabad Member (XV) Superintending
Engineer, Jal Nigam, Allahabad Member (xvi) Superintending
Engineer, Purvanchal Vidyut Vitran Nigam, Allahabad Member (xvii) Chief
Executive Officer, Cantonment Board, Allahabad Member (xviii) Officer
In-charge, Ganga Pollution Control Board Unit, Allahabad Member (xix) A
Representative of the Army Member (xx) Three
members to be nominated by the State Government, who shall be an eminent
persons Member (1) The authority shall have such permanent and
temporary staff to run its office and day to day work; (2) The authority may, with the approval of State Government,
create posts of the officers and employees of the Authority; (3)
The
terms and conditions of the service including the salaries and allowances of
the staff appointed under sub-section (1) shall be finalized with the approval
of the State Government; (4) ?For the
purpose of carrying out its functions under this Act the Authority may
requisition the services of any officer or employee with the approval of the
State Government; (5) Staff referred in sub-section (1) shall be under
the administrative and disciplinary control of the Chairperson, who shall be
the appointing authority but perform the duties under the direct control of the
Mela Adhikari/Secretary. The powers and functions of the Authority shall
be,-- (a) to enter into agreement for a long term lease of
such Cantonment/other land at the Mela area to provide and create such
infrastructure as the Authority may decide for better management and
administration of Mela throughout the year; (b) to provide for such civic amenities in the Mela
Area keeping in view the health of people and provide pollution free clean
environment as per the guidelines and rules; (c) ?to provide
for health facilities in the Mela area and activities to make the Mela area
free from diseases, insects and pests throughout the year and also to provide
for supply of clean potable water and first aid facilities in the Mela area; (d) to provide for electricity in the Sangam and Mela
Area by temporary or permanent structure as may be permissible and required
keeping in view the shifting banks of river Ganga & Yamuna; (e) to provide for a permanent Police Station equipped
with all infrastructure so as to control and administer religious congregation
in the Mela area and to maintain law and order in the area; (f) ?to develop
and maintain Green Zone in and around Mela and Sangam Area. The Authority may by bye-laws impose within the
Mela area,-- (a) tolls on the parking of vehicle or entering any
vehicle or any person bringing goods for sale or for
demonstration/advertisement into the Mela area; (b) fee on the registration of activity of business,
trade or profession; (c) fee on the services provided to individual as
service charge; (d) any other charge and fee in Mela Area as the
Authority thinks fit and necessary in the interest of the Mela. The
Authority, may, by bye-laws, prescribe free on payment of which, and conditions
subject to which a person or class of persons may be granted license to carry
on any profession, trade or calling in the Mela area. The
Authority shall have a permanent office in a building at Allahabad with all
infrastructure to meet the requirement of holding meetings of the Authority
from time to time. (1) The Authority shall hold at least one meeting in
every three months; (2) The time and place of meeting within Allahabad
shall be fixed by the Chairperson; (3) The Authority may by bye-laws prescribe the
procedure of the meetings. (1) Where any business is required to be transacted
quorum shall be at least one half of the members of the Authority; (2) Where any meeting could not be held due to want of quorum,
the Chairperson shall direct that the meeting to transact the business of said
meeting shall be held at such time and place in Allahabad as he thinks fit and
thereupon the Secretary shall give notice to all members of the Authority. The
State Government may by notification make rules for carrying out the purposes
of the this Act. The
Authority may make regulations to provide for the terms and conditions of
service including the salary and allowances of the officers and employees of
the Authority. The
Authority shall make bye-laws for prescribing the procedure of functioning of
the Authority. (1) The bye-laws of the Authority shall be made in the
following manner,-- (i) Preparation of the bye-laws draft.-- The secretary shall prepare and put up the proposed
draft before authority with the consent of the Chairperson. The Authority may
sanction with or without amendment of the draft of the bye-laws; (ii) Hearing by authority of objection or suggestion to
proposed draft bye-laws.? No bye-law shall be made by the Authority unless, (a) A notice of intention of the Authority to take such
bye-laws into consideration on or after a date to be specified in the notice
shall be given in two newspapers, before such date; (b) A certified copy of the bye-laws shall be kept at
the office of the secretary and made available for public inspection free of
charge by any person desiring to pursue the same at reasonable point from the
date of notice given under sub-clause (a); (c) Printed Copies of such bye-laws shall be delivered
to any person requiring the same on payment of such fee, as may be fixed by the
secretary per copy; (d) All objections and suggestions which may be made in
writing by any person with respect thereto before the date of the notice given
under clause (a) shall have been considered by the Authority or by officer
authorized by Authority for the purpose; (iii) Bye-laws to be published.-- The
bye-laws made under clause (ii) shall be published in the Gazette; (iv) Copies of bye-laws to be kept on sale.-- The
secretary shall cause bye-laws to be printed and shall cause printed copies
thereof to be delivered to any person requiring the same on payment of such fee
for each copy, as may be fixed by the secretary; (v) copies of the bye-laws for the time being in force
shall be kept for public inspection in some part of Authority office to which
the general public has access and such other places, if any, as secretary
thinks fit. (2) ?The
provisions of sub-section (1) shall mutatis mutandis apply in the modification
of bye-laws. (1) If at any time it appears to the State Government
that any bye-law should be modified or rescissioned either wholly or in part,
it shall communicate its reasons for such opinion to the Authority and
prescribe reasonable period within which the Authority may make any representation
with regard thereto, which it shall think fit; (2) After receipt and consideration of any such
representation or, if in the meantime no such representation is received, on
the expiry of the prescribed period, the State Government may at any time, by notification
in the Gazette, modify or repeal such bye-laws either wholly or in part; (3) The modification or repeal of the bye-laws under
sub-section (1) shall be effective from the date of publication thereof in the
Gazette. (1) The Authority shall have own funds to be raised
from such revenue sources as may be prescribed by it under the bye-laws the
funds and finances as may be provided by the State Government for organizing
Kumbh Mela or Maha Kumbh Mela or any other Mela within the area of Magh Mela; (2) The fund shall be operated by the Mela Adhikari
Allahabad with the approval of the Chairperson of the Authority. No
public gathering other than the religious congregation as defined under this
Act shall be permitted to be organized in the Mela Area except with the prior
permission of the Authority. No
activity of any kind and no small or large gathering of men and women or
children will be permitted in the Sangam Area which may be hazardous to
environment, public peace and tranquility. The
State Government may by notification confer upon the authority any of the power
of the Uttar Pradesh Municipal Corporation Act, 1959, and upon issue of such
notification the provisions of the sections shall apply to the Mela Area as if
the Mela Area is the part of a "Municipal Corporation" and the
Officer In-charge of the Authority were Municipal Commissioner defined in the
said Act and as if a contravention of the provisions of any orders of the
Officer In-charge shall be deemed contravention of the said Act. Any
person who,-- (a) makes any unauthorised construction, or (b) uses any unauthorised place as a latrine, urinal or
rubbish dump, or (c) plies any profession, trade or calling without a
license obtained under the provisions of Section 8 or commits a breach of the
conditions of such license, or (d) contravenes any of the provisions of the Act or of
any rules/bye-laws made under this Act, or (e) disobeys any order or direction in writing lawfully
issued under this Act, shall be punishable on conviction with a fine which
may extend to [one thousand rupees] and where the offence is a continuing or
recurring one with a further fine which may extend to [one hundred rupees] for
every day after the date of first conviction during which the offender is
proved to have persisted in such offence. In
the United Provinces Melas Act, 1938-- (a) Section 3 shall be omitted; (b) In Section 4,-- (c)
in
the first proviso, the words 'at Allahabad and' shall be omitted; (d) the second proviso shall be omitted. (1) If any difficulty arises in giving effect to the
provisions of this Act, by reasons of anything contained in this Act, or any
other enactment for the time being in force, the State Government may, as the
occasion requires, by order direct that this Act, shall, during a period not
exceeding twelve months after the date of such order have effect subject to
such adaptations, whether by way of modifications, addition or omission, as it
may deem to be necessary and expedient; (2) No order under sub-section (1) shall be made after
the expiration of a period of two years from the commencement of this Act. (1) The Uttar Pradesh Prayagraj Mela Authority,
Allahabad Ordinance, 2017 (U.P. Ordinance No. 4 of 2017) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the provisions of the principal Act as amended by the
Ordinance referred to in sub-section (1) shall be deemed to have been done or
taken under the corresponding provisions of the principal Act as amended by
this Act as if the provisions of this Act were in force at all material times. [1] Received the assent of the Governor on
January 5, 2018 and published in the U.P. Gazette, Extra., Part 1, Section
(Ka), dated 6th January, 2018, pp. 8-13, No. 15.
Preamble - UTTAR PRADESH PRAYAGRAJ MELA
AUTHORITY, ALLAHABAD, ACT, 2017PREAMBLE