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

English — official source version

english_9_of_1952.pdf.txt

 

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 UTTAR PRADESH FLOOD EMERGENCY POWERS 

(EVACUATION AND REQUISITION) ACT, 19511 

(U. P. ACT No. IX OF 1952) 

Amended by  

U. P. Act No. XX of 1964 

 [Passed in Hindi by the Uttar Pradesh Legislative 

Assembly on March 14, 1952, and by the Uttar Pradesh 

Legislative Council on March 18, 1952.  

Received the assent of the President on May 24, 1952 

under Article 201 of the Constitution of India and was 

published in the Uttar Pradesh Gazette, dated June 7, 1952.] 

 AN 

ACT 

 [to make certain provisions for the purpose of protecting life and 

property from danger caused or threatened by floods ]2 

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.]  

It is hereby enacted as follows :— 

Short title, 
extent and 
commencement  

1. (1) This Act may be called the Uttar Pradesh Flood 

Emergency Powers (Evacuation and Requisition) Act, 1951.  

(2) It extends to the whole of the Uttar Pradesh.  

(3) It shall come into force at once.  

Definitions 2. In this Act unless there is anything repugnant in the subject 

or context, — 

(a) “boat” includes a steamer ; 

(b) “District Magistrate” includes a Sub-Divisional Magistrate 

and a Tahsildar ;  

 (c) “owner” includes the pledgee or pawnee in possession and, 

where the person in possession of the boat is a minor the guardian of 

such minor ; and 

(d) “State Government” means the Government of Uttar 

Pradesh.   

Evacuation to 
areas 

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.  



[Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act, 1951] 

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 made by general order or special permission, all persons or any class 

of persons in any area to be specified shall remove themselves or be 

removed from it or to any specified part thereof and may do any other 

act which is necessary for this purpose. 

 (2) Any order made under sub-section (1) for the removal of 

persons may specify — 

(a) the route or routes by which all or any class of persons are 

to remove themselves or be removed from the specified area ; 

 (b) the time or times by which they are to remove themselves or 

be removed from the specified area ; 

(c) the place or places to which they are to proceed or be taken 

on removing themselves or being removed from the specified area ; 

and may make such other incidental or supplementary provisions as 

may appear necessary or expedient for the purposes of the said order.   

Power to divert 

flow or remove 
obstruction  

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 — 

 (i)  to divert the flow of the flooded water ; or 

(ii) to remove wholly or in part any wall, embankment or any 

other object causing obstruction to the flow of such water in any 

direction ; 

 he may make such order, as he thinks necessary, for diverting the flow 

of such water or for the removal of such wall, embankment or object, 

as the case may be.  

 (2) An order made by the District Magistrate under sub-section 

(1) shall be executed by such agency and in such manner as may be 

specified in the order. ]1 

Accommodation 

of evacuated 
person 

4. The District Magistrate may, for the purpose of 

accommodating any person who have left or have been removed from 

their houses in accordance with any order made under section 3, take 

possession of any premises other than — 

 (a) premises used for the purpose of religious worship ; or  

(b) a private dwelling house in use as such.  

Requisition of 
boat 

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. 



[Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act, 1951] 

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 (2) A copy of the order shall be served on the owner of the boat, 

or where the owner is not readily traceable or the ownership is in 

dispute, by pasting a copy of the order a prominent place in the 

vicinity where the boat is lying.  

 (3) If the owner of the boat does not, after service of the order in 

the manner provided in sub-section (2), place the boat in possession of 

the authority mentioned therein, such authority may seize the boat 

from any person who may for the time being be in possession thereof.  

 (4) Where the District Magistrate has requisitioned any boat, he 

may use or deal with it in such manner as may appear to him to be 

expedient.  

Compensation 

or premises  
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.  

 (a) The District Magistrate shall determine the amount of 

compensation after taking into consideration — 

(i) in the case of a building, the rent payable for similar 

buildings in the locality ; and  

 (ii) in the case of boat, the prevailing rates of hire for such 

boats; 

(iii) any damage done during the period of requisitioning to the 

premises or the boat ; and 

(iv) any other material circumstances proved by the owner;  

(b) The amount of compensation so determined shall be offered 

to the owner and if he agrees to accept it shall be paid to him.  

 Where the owner does not accept the amount the question shall 

be referred to the Civil Judge having jurisdiction who shall determine 

the amount of compensation having regard to the consideration 

referred to in clause (a) aforesaid.  

 (d) The decision of the Civil Judge shall be final and no appeal 

shall lie against it.  

(2) save in so far as things may be inconsistent with anything 

contained in this Act, the provisions of the Code of Civil Procedure, 

1908 shall  apply to proceedings before the Civil Judge under this act.   

Power to 
issue 

direction to 
boat owners  

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.  

Entry and 
inspection  

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.   



[Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act, 1951] 

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Orders 

regarding 
information 
and removal 

9. The District Magistrate may, with a view requisitioning any 

premises or boat or determine the compensation payable therefor under 

section 6 by order — 

(a) require any person to furnish to such authority as may be 

specified in the order such information in his possession relating to the 

premises or the boat as may be specified ; 

 (b) direct that the owner or person in possession of the boat 

shall without the permission of the District Magistrate dispose it or 

remove it till the expiry of such period as may be specified in the order 

from the premises or place in which it is kept.  

Preventing 
removing of 
parts etc.  

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.  

Release from 

requisition  
11.  (1) Any premises taken possession of under section 4 shall 

be returned to the owner or from whom possession was taken. 

(a) where it is not utilized for the purposes mentioned in section 

4, upon the expiry of three months from the date of taking possession.    

 (b) Where it is so utilized, upon the expiry of 12 months from the 

said date.  

(2) A boat requisitioned under section 5, shall be released from 

requisition in favour of the owner or from the person from whom 

possession was taken before the expiry of three months from the date of 

taking possession.  

 (3) When any premises are or about to be released from 

requisition under sub-section (1), the District Magistrate may, by order, 

in writing, require any person in occupation of the whole or any part of 

such premises to vacate the same within a time to be specified and if 

such person fails to comply with the notice, he may cause him to be 

evicted from the premises and use such force as may be necessary for 

carrying out the orders.  

 (4) The delivery of possession and payment of compensation for 

the boat or the premises to a person specified in the order made under 

sub-section (1) shall be full discharge of any liability of the State 

Government to deliver possession of the boat or the premises or to pay 

compensation to such person as may have rightful claim but shall not 

prejudice any right in respect of such boat or premises or compensation 

money which any other person may, by due process of law be entitled to 

enforce against the person to whom possession has been delivered or 

payment made.  

Protection 
from suit or 
prosecution 

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.  

 



[Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act, 1951] 

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Penalty 13.  Any person who fails to deliver possession of any premises 

or boat to the District Magistrate under the provision of section 4 or 5 

or delays or obstructs the taking possession thereof or contravenes any 

other provision of this Act or of any order made thereunder, shall be 

punishable with imprisonment for a term which may extend to one 

month, or with fine which may extend to two hundred rupees, or with 

both.  

Power to 
arrest 

14.  Any police officer not below the rank of a sub-inspector 

may arrest without warrant any person who is reasonably suspected of 

having committed an offence punishable under this Act.  

Savings 15.  (1) No order made in exercise of any power conferred by or 

under this Act shall be called in question in any court.  

(2) where any order purports to have been made or singed by 

any authority in exercise of any power conferred by or under this Act, 

it shall within the meaning of the Indian Evidence Act, 1872, be 

presumed that such order was so made by that authority.  

Power to 
make rules 

16.  The State Government may make rules to give effect to the 

purposes of this Act.