THE UTTAR PRADESH KANS ERADICATION ACT, 1951

2 

 

THE UTTAR PRADESH KANS ERADICATION ACT, 1951
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[U. P. ACT No. XXII OF 1951] 

 

 

[Passed in Hindi by the Uttar Pradesh Legislative Assembly on September 6, 

1951, and by the Uttar Pradesh Legislative Council on September 17, 1951.  

 

Received the assent of the Governor on October 3, 1951, under Article 200 of ‘the 

Constitution of India’ and was published in the Uttar Pradesh Gazette, Extraordinary, 

dated October 15, 1951.]  

AN 

ACT 

 

to provide for eradication of 'kans' weed in certain areas of Uttar Pradesh;  

WHEREAS it is expedient to provide for eradication of kans weed in certain areas 

of Uttar Pradesh ;  

 It is hereby enacted as follows: 

Short title,  

extent and  

commencement  

1. (1) This Act may be called the Uttar Pradesh Kans Eradication Act, 1951.  

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

(3) It shall come into force on such date
2
 as the State Government may, by 

notification in the official Gazette, specify in this behalf.  

 

Definitions  2. In this Act, unless there is anything repugnant in the subject or context- -----  

(a) "Kans eradication operations" mean such operations as are considered 

necessary by the Kans Officer to eradicate the weed known as kans :  

(b) "Kans area" means the area which the State Government may, by 

notification, under sub-section (1) of section 3 declare to be an area infested 

with kans ;  

(c) "Kans Officer" means the Collector of the district and includes any 

other Officer authorized by the State Government or by the Kans Officer, to 

exercise all or any powers conferred upon him under this Act ;  

(d) "prescribed" means prescribed by rules under this Act ;  

(e) "State Government" means the Government of Uttar Pradesh.  

 

Declaration of  

‘kans’ area  
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 Gazette, declare such area, 

giving full particulars of the lands included therein to be a kans area for the 

purpose of this Act.  

 

1.   For Statement of Objects and Reasons, see U. P. 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. 



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[The Uttar Pradesh Kans Eradication Act, 1951]      [Section 4-6] 

 

  (2) The publication of notification under sub-section (1) shall be a sufficient  

notice of the facts stated therein to all persons owing or having interest in the 

land or lands comprised in such area. 

 

Cancellation of  

notification 

under section 3 

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.  

 

Power to  

survey and  

carry on ‘kans’  

eradication 

operations  

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-  

(a) enter upon and survey and take levels of any land in the kans area ; ,  

(b) to dig or bore into the sub-soil of any such land ;  

(c) to set out the boundaries of the lands included in the kans area; and  

(d) to do all acts necessary for the purpose of kans eradication 

operations therein.  

(2) The work relating to kans eradication operations shall be completed within  one 

year from the date of publication of notification under section 3.  

(3) Where kans eradication operations have been completed in all the lands 

included in any kans area the State Government shall publish a notification in 

the official Gazette to that effect and thereupon the kans eradication 

operations shall be deemed to have been closed and from the date the area 

shall cease to be a kans area.  

 

Owners and  

other persons  

not to obstruct  

the operations  

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.  

(2)  If any person hampers or obstructs the kans eradication operations, he shall be 

liable on conviction to a fine not exceeding Rs.1,000.  

(3)  The Kans Officer shall maintain the accounts in the prescribed manner of all 

expenditure incurred in connexion with kans eradication operations and, the 

same shall be receivable as evidence of facts stated therein and shall not be 

called in question in any suit or other legal proceeding.  
 

 



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[The Uttar Pradesh Kans Eradication Act, 1951]      [Section 7-12] 

 
Cost of the  

kans 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 Kana 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.  

(2) The Kans Officer shall further determine whether the amount apportioned 

under sub-section (1) shall be paid by the person owning or having an interest 

in the land in one lump sum or by annual instalments, and where it directs 

annual instalments, he may fix the amount and number of such instalments.  

(3) The Kans Officer shall cause to be served on the person owning or having an 

interest in the land in which Kans operations have been carried on a notice of 

demand specifying the amount of cost of kans operations payable by him and 

the period within which it shall be paid. If the person upon whom the notice is 

served refuses to pay or defaults in payment of any instalment, the amount 

shall be recoverable as if it were an arrear of land revenue.  

 

Return of the  

‘kans’ lands  
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 instalments 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.  


 
Compensation 

for damages  
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. 

(2) On the receipt of such application the Kans Officer may in the manner 

prescribed make such enquiry as may be necessary and grant such amount of 

compensation as may appeal to be just and proper. The order of the Kans 

Officer granting compensation shall be final and conclusive.  

 

Power of Kans  

Officer to  

enforce 

compliance  

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.  

 
Persons acting 

under the Act 

to be public 

servants  

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.  

 
Protection of 

persons acting 

in good faith  

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.  



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[The Uttar Pradesh Kans Eradication Act, 1951]      [Section 13-14] 

 
Delegation of  

powers  
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.  

 

Power to make  

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

purpose of this Act. 

(2)  Without prejudice to the generality of the foregoing powers, such rules may 

provide for  -- : 

(a) the form and the manner of publication of the notification to be 

published under section 3 ;  

(b) the manner in which objections shall be filed and heard under section 

4 ; 

(c) the manner in which and the matters on which enquiry shall be made 

under section 4 ;  

(d) the scheme and programme of kans eradication operations for the, 

purposes of section 5 ;  

(e) the form of the notification under sub-section (3) of section 5 ;  

(f) the circumstances under which and the purposes for which permission 

may be granted under section 6 ;  

(g) the matters relating to the maintenance of accounts under sub-section 

(3) of section 6 ;  

(h) the manner in which the cost of kans operations shall be determined 

apportioned and paid under section 7 ;  

(i) the adjustment of the cost of kans operations against the income, if 

any, from the sale proceeds of the products or produce from land included in 

the kans area; 

 (j) the form of the notice under-sub-section (3) of section 7 and the 

manner in which it shall be served ; 

(k) the form of the bond to be executed under section 7;  

(l) the factors to be taken into consideration for determination of the 

compensation under section 8;  

(m) the procedure to be followed in the proceedings relating to 

compensation under section 8 and the appeals relating thereto ; and  

(n) the guidance generally of the Kans Officer and other Officers in any 

matter connected with the carrying out of the provisions of this Act.