THE UTTARAKHAND RIVER VALLEY (DEVELOPMENT AND MANAGEMENT) ACT, 2005

THE UTTARAKHAND RIVER VALLEY (DEVELOPMENT AND MANAGEMENT) ACT, 2005 

[Uttarakhand Act No. 06 of 2005] 

For the sustainable development and proper management of River Valley with special reference to 

the Bhagirathi River Valley up an down stream of Tehri Dam including its Catchments & command Areas 

in the State of Uttarakhand. 

AN 

ACT 

It is Hereby enacted by the Uttarakhand legislative Assembly in the Fifty-fifth year of the Republic 

of India as follow:- 

Chapter-I 

Preliminary 

 
Short title, 

Extent and 

commencement  

1. (1) This Act may be called the Uttarakhand River Valley (Development and 

Management) Act, 2005. 

(2) In the First Instance it shall apply to the Bhagirathi River Valley in Tehri 

and Uttarkashi Districts of Uttaranchal and thereafter the State Government 

may by notification make all or any of the provisions of this Act applicable 

to such other River Valley as the State Government would deem fit and 

proper. 

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

notification, appoint in this behalf. 

 

Definitions  2. In this Act, 

(a) “Authority” means the River Valley Development Authority established 

under section “3”; 

(b) “Act” mean the Uttarakhand River Valley (Development and Management) 

Act, 2005;  

(c) “Bhagirathi River Valley” means the basin of the Bhagirathi, Bhilangana 

rivers and their tributaries up to Deoprayag, in downstream and Gangotri 

upto Gomukh in upstream in the Districts of Tehri and Uttarkashi of 

Uttarakhand and shall include such other areas adjacent thereto, as the State 

Government may, by notification, specify;  

(d) “Basin” means the entire catchments area of the Valley; 

(e) “Catchment area” means such area at a distance of 100 meters which may 

extend to 200 meters on either side of the River upstreams and downstreams 

or Reservoir, from its bank at such length as may be determind by the 

Executive Committee; 

(f) “Command area” means such area in a River Valley as may be determined 

by the Executive committee; 

(g) “Development Agency” means any Government Department or Institution 

or other agency engaged in the work of the development of the River 

Valley; 

(h) “Executive Committee” means the  committee constituted under sub section 

(5) of section 3 of this Act; 

(i) “Government” means the State Government of Uttarakhand; 

(j) “Member” means a member of the Authority and includes its Chairman and 

Vice Chairman; 



  (k) “Sector” means Geographical and Functional areas to be undertaken for the 

purpose of development and includes- 

(a) “Geographical Area” means an area comprising municipal bodies and 

zila panchayats etc. 

(b) “Functional Area” means an item for development and includes 

agriculture, road, bridge, industry, irrigation, transport, watershed, 

communication, housing, tourism, health, boating, fishing and matters 

related thereto. 

(l) “River Valley” includes the basin of the rivers and their tributaries upstream 

and downstream including catchment area & command area of a “Dam or 

Reservoir”  

(m) Words and expressions used in this Act but not defined shall have the 

meanings respectively assigned to them in the Uttar Pradesh Urban 

planning and development Act, 1973. 

 

  Chapter-II 

Establishment of River Valley Development Authority 

Establishment 

and 

constitution of 

the Authority 

and Executive 

committee, 

Appointment of 

chief Executive 

officer 

3. (1) The State Government shall, by notification, establish, for the purposes of 

this act, an Authority to be called Bhagirathi River Valley Development 

Authority, which shall be a body corporate. 

(2) The State Government may constitute such other number of Authorities for 

other River Valleys of the State as and when so required or bring such River 

Valley under the existing River Valley Authority. 

(3) The Authority shall consist of the following members namely:- 

(a) The Chief Minister of the State - Ex-officio Chairman 

(b) A person to be nominated by the State Government from River Valley 

region – Vice Chairman 

(c) M.L.A.s not exceeding six from the region whose constituencies fall 

with in the River valley to be nominated by the State Government – Ex-

officio Members 

(d) Chairman of Zila Panchyat from the region falling under the River 

Valley area as may be nominated by the Government - Ex-officio 

Members 

(e) Special Invitees from the Ministry of Water Resource, forest and 

Environment Government of India not below the rank of Deputy 

Secretary/Director- Member 

(f) Representative of the planning commission, Government of India not 

below the rank of Director –Member 

(g) Principal Secretaries/ Secretaries of the following Departments of the 

State Government or their duly Authorized nominees not below the 

rank of Addl. Secretary --- 

(i) Finance department – Ex-officio Member 

(ii) Planning Department - Ex-officio Member 

(iii) P.W.D., Irrigation and power Department  - Ex-officio Member 

(iv) Law Department - Ex-officio Member 

(v) Tourism Department - Ex-officio Member 

(vi) Environment, Forest, Rural Development- Ex-officio Member;  



  (h) Divisional commissioner of the division  –  ex-officio member 

(i) Chief Executive Officer of the authority - Member Secretary  

(j) Technical advisors/institutions of Soil conservation, Geology, 

environment, law, Sociologist and Management not exceeding six in 

numbers to be nominated by the State Government  - Member 

(4) The State Government may appoint a person not below the rank of 

Secretary serving under the State Government to be a chief Executive 

Officer. 

(5) The Authority shall constitute an Executive committee from amongst its 

members not exceeding six out of which two from (g) of subsection (3) of 

section -3, to be presided by the Vice Chairman of the Authority which 

shall be responsible for proper and timely implementation of the decisions, 

various resolutions of the Authority and will have executive control over the 

affairs of the Authority Additional Chief executive officer will be Ex-

officio Secretary of the Executive Committee. 

(6) The Authority shall meet atleast twice a year. However, it may meet as and 

when required with the permission of the Chairman or Vice Chairman. 

(7) The Executive Committee shall meet once in every quarter of a calendar 

year. However, vice Chairman may call for such meeting as and when it 

may require provided further members of the Executive committee may 

require the Vice Chairman to convene a meeting of Executive Committee or 

the Authority for particular purpose. 

(8) No Act or proceeding of the Authority shall be invalidated merely because 

of- 

(a) any vacancy or any defect, in the constitution of the Authority; or 

(b) any defect in the appointment of a person acting as a member of the 

Authority; or  

(c) any irregularity in the procedure of the Authority not affecting the 

merits of the case. 

(9)  The term of member other than Ex-officio members and Vice Chairman 

shall be of five years. Provided all or any of the members other then ex- 

officio members may be removed prior to the expiry of their term by the 

State Government or if such member is not willing to continue as member 

he may tender his resignation to, in case of member to the Vice Chairman 

and in case the Vice Chairman to the Chairman of the Authority. 
 

Powers and 

duties of 

Chairman / Vice 

Chairman and 

chief Executive 

Officer 

4. (1) The Chairman or Vice Chairman and the Chief Executive Officer of the 

Authority shall exercise such powers and discharge such duties as may by 

assigned to them by this Act or the regulations made thereunder. 

(2) The member Secretary shall be the Chief Executive officer of the Authority; 

he may be assisted by Additional Chief Executive Officer who shall be 

appointed by the Authority. 
 

Staff of the 

Authority 
5. (1) Subject to such conditions as may be prescribed, the Authority may appoint 

such other officers and employees as it considers necessary for the efficient 

performance of its functions provided in making such appointment the 

Government orders inforce at the time of such recruitment shall be 

complied with. 

(2) The terms and conditions of the service of the officers and employees 

referred to in sub-section (1) shall be such as may be determined by the 

regulations. 



Technical 

Advisors/ 

institution  

6. (1) For the efficient discharge of its functions, the Authority may, appoint 

technical advisors/institutions from amongst of the fields, namely 

Environment Management, Geology, Eco-planning, Integrated Energy, 

Planning, Social Science, Forest Ecology, Law and others. 

(2) The powers duties and functions of the technical advisors/ institution and 

the terms and conditions of their appointment and honorarium shall be such 

as may be determined by the Executive committee. 

 

Meeting  7. (1) Meeting of the Authority shall be called by the chief Executive officer with 

the approval of the Chairman or Vice chairman and the business of the 

Authority shall be transacted in a meeting unless the chairman directs any 

business to be transacted by circulation of agenda among the members. 

Provided the Chairman may direct to include any other matter in the agenda 

at the time of meeting. 

(2) Meeting of the Authority shall ordinarily be held twice in a year on such 

date, at such time and at such place as the Chairman or Vice Chairman may 

direct. However the Chairman or the Executive Committee may call for 

such meetings at any time as it may direct. 

(3) At every meeting of the Authority, the chairman, or in his absence, the Vice 

chairman or such member as may be agreed to by the members present, 

shall preside. 

(4) No business shall be transacted at any meeting unless at least seven 

members, including four from amongst the members mentioned at clauses 

(a) to (d) of sub section (3) of section 3 and three from clauses (e) to (j) of 

the said sub section are present : 

Provided that no quorum shall be required for next meeting adjourned 

for want of quorum. 

(5) All questions arising at a meeting shall be decided by the majority of the 

members present and voting, and in case of equality of votes the 

chairperson presiding at the meeting shall have a deciding vote. 

(6) The Authority shall have an Annual General meeting ordinarily in the 

month of March every year in which Auditors report shall be placed and 

Annual Budget of the Authority is discussed and finalized. 

 
Functions of 

the Authority  

8. The functions of the Authority shall be to - 

(a) oversee the formulation and execution of development plan to achieve 

optimum utilization of natural resources for integrated and sustainable 

development of the basin, the development plan shall include water 

resources, land use and development of agriculture, sector development and 

related matters. 

(b) ensure effective and timely action for maintenance of ecological balance in 

the basin including rehabilitation of damaged ecological system; 

(c) carryout a forestation including planting such species in the valley that may 

provide sufficient fodder and income to the local residents and such species 

of plant useful in controlling soil erosion in the River Valley and to provide 

better and healthy living conditions to local inhabitants; 

(d)  establish and maintain Botanical Garden in the Valley, so that flora and 

fauna of the area is preserved and protected; 

(e) Setup and maintain water quality monitoring system and offer community 

facilities at various rural rehabilitation centers; 



  (f) Setup and maintain disaster management cell/crises groups and disaster 

fund in the catchments area. 

(g) Setup and maintain the effective grievances redressal cells at suitable places 

in the River Valley. 

 

Power of the 

Authority 

9. (1) Subject to the provisions of this Act and the rules or regulations made 

thereunder, the Authority shall exercise such powers as are necessary or 

incidental to, the performance of its functions and discharge of its duties 

under this Act. 

(2) Without prejudice to the generality of the provisions of sub-section (1) such 

powers shall include the powers— 

(a) to call for information about any development scheme from the 

development agency executing the same; 

(b) to approve or disapprove any developmental scheme in the command 

area of the Valley outlined in the master plan of the Authority and till 

its finalization to regulate the development in the Fiver Valley 

undertaken by the other development agency as per sub section (3) to 

(5) of section-11; 

(c) to direct any other development agency to conform to the policies of 

this Authority in respect of any sector; 

(d) to take assistance of any organization of the Central Government or 

State Government or any other agency for implementation of its 

policies and programmes; 

(e) to form sub-committees of its members for the purpose of 

accomplishment of its objects, and 

(f) to delegate any of its functions to any member or officer of the 

Authority. 

(3) No work, whether preliminary or otherwise, or, any development scheme 

outlined in the master plan, shall be initiated in the Valley without prior 

approval of the Authority.  

(4) Any changes in the master plan shall be made by the permission of the 

Authority. 

(5) All concerned departments including boards/through their Heads in the 

State shall co-ordinate with the Authority in implementation of its works 

and policies. And it shall be lawful for the Authority or Executive 

committee to requisition the services of any departments of the Government 

on such terms and conditions and on such payment as it may desire. 

(6) The Authority may delegate such powers to the Executive committee or the 

chief Executive officer as it may deem fit for effecting proper and timely 

implementation of the work, orders or directions. 

  Chapter-III 

Master Plan and Sectoral Plan for Development 

Preparation of 

master plan 

10. (1) The Authority shall, as soon as my be, prepare or cause to be prepared a 

master plan for the integrated sustainable development of the River Valley 

on the basis of sectoral development Plan to be ascertained by the Authority 

before preparation of master plan. 

(2) The Master Plan shall— 



(a) define the carrying capacity of the basin; 

(b) define the various sectors into which the development schemes may be 

divided and indicate the manner in which each sector is proposed to be 

developed and the stages by which such development schemes shall be 

carried out; 

(c) outline the development schemes with alternative schemes for the 

development of the basin; 

(d) demarcate the land for various uses and purposes; and 

(e) serve as basic pattern of framework within which the development 

schemes may be prepared. 

(3) The Master Plan may provide for such other matters as may be considered 

necessary for the sustainable development of the River Valley. 
 

Preparation of 

Sectoral plan and 

regulation of 

Development in 

the river Valley 

11. (1) As soon as may be, after the preparation of the Master Plan under section 

10, the development agencies shall proceed with the preparation of the 

sectoral development plan in accordance with the Master Plan. 

(2) A Plan for the sector prepared under sub section (1) shall confirm to the 

stipulations and norms lay down by the State Government and the Central 

Government.  

(3) After the establishment of the Authority for the River Valley no 

development of land shall be undertaken or carried out or continued in that 

area by any person or body including a department of Government or any 

undertaking in public or private sector, unless permission for such 

development has been obtained in writing from the Authority in accordance 

with the provisions of this Act. 

(4) After the coming into operation of any of the plans in any such area no 

development shall be undertaken or carried out or continues in that area 

unless such development is also in accordance with such plans. 

(5) Notwithstanding anything contained in sub-section (1) and (2), the 

following provisions shall apply in relation to development of land in that 

area by any department of the State Government of the Central Government 

or any local Authority or persons or body corporate— 

(a) When any such department or local Authority intends to carry out any 

development of land it shall inform the Executive Committee in writing 

of its intention to do so giving full particulars thereof, including any 

plans and documents, at least 90 days before undertaking such 

development; 

(b) In the case of a department of any State Government or the Central 

Government or persons or body corporate if the Executive committee 

has any objection shall inform such department of the same within six 

weeks from the date of receipt by him under clause(a) of the 

department’s intention, and if the said committee does not make any 

objection within the said period the department shall be free to carry out 

the proposed development; 

(c) Where the Executive committee raises any objection to the proposed 

development on the ground that the development is not in conformity 

withy any Master plan or sectoral plan prepared or intended to be 

prepared by it under this Act or on other ground, such department or the 

local Authority, as the case may be, shall- 



  (i) either make necessary modifications in the proposal for 

development to meet the objections raised by the Executive 

Committee; or  

(ii) submit the proposals for development together with the objections 

raised by the Executive Committee or the Authority for decision 

under clause (d); 

(d)  the Authority on receipt of proposals for development together with the 

objections of the Executive Committee may either approve the 

proposals with or without modifications or direct the department or the 

local Authority, as the case may be, to make such modifications as it 

considers necessary and he decision of the Authority shall be final. 

 
  Chapter-IV 

Finance, Account and Audit 

 
Fund of the 

Authority  
12. (1) The Authority shall have and maintain its own fund and all receipts of the 

Authority, including any money receivable from the State Government or 

the Central Government by way of grant or otherwise, shall be credited 

thereto and all payments by the Authority shall be made therefrom. 

(2) The Authority shall be provided by the State Government with such 

finances as may be necessary for carrying out the purposes of this Act. 

(3) The fund shall be applied towards meeting the expenses incurred by the 

Authority for carrying out the purposes of this Act and for no other purpose.  

(4) All money lying for the maintenance of Bhagirathi River Valley or its 

development with any other Authority, Department, corporation or with the 

Government shall be credited to the fund of the Authority provided further 

the State Government may give the 20% out of the powershare revenue 

received or receivable by it from the Tehri Dam or such other body or 

corporation, generating electricity in the same River Valley or such other 

Corporation engaged in the like activity at other places of the River Valley 

in the State, to the Authority provided further the amount so received from 

such powershare may be invested in the development work in or around the 

may be invested in the development work in or around the River Valley. 

Opening of 

Account, Budget 

and AGM 

13. (1) The fund of the Authority shall be deposited with the Nationalized bank or 

other reputed bank approved by Reserve Bank of India, by opening a 

account as the Authority or Executive Committee may determine and shall 

be operated by the Chief Executive officer or Additional Chief Executive 

officer and the finance Officer or such other Officer as the Authority may 

authorize in this behalf. 

(2) Authority may open such number of Bank Accounts of the Authority at 

such places as it may deem necessary. 

(3) The Authority shall prepare in such form and at such time, as may be 

prescribed, its budget for the next financial year showing the estimated 

income and expenditure and shall forward a copy thereof to the State 

Government before February 15 every year such budget be laid before the 

Authority in the annual general meeting for approval. 

Accounts and 

Audit  
14. (1) The Member-Secretary of the Authority shall maintain proper accounts and 

other relevant records of the Authority and prepare an annual statement at 

the close of each financial year and shall place it before the Authority and a 



copy thereof shall be sent to the State Government.. 

  (2) The Annual accounts of the Authority shall be audited by an experiences 

Chartered Accountant or equivalent person as may be appointed by the 

Authority. 

(3) The audited accounts of the Authority shall be placed every year before the 

Authority for approval on or before such date as the Authority may direct. 
 

Annual Report 15. The Authority shall prepare an annual report of its activities during the year 

and submit the report to the State Government and a copy thereof to the 

Central Government in such form and before such date as the State 

Government may specify. 

  Chapter-V 

Other powers of the Authority 

Power of entry  16. Any officer or employee of the Authority specially authorized by the 

Authority, may, at all reasonable times, enter upon any land or premises and 

do such things as may be reasonably necessary for the purpose of lawfully 

carrying out any of its work, or, making any survey, exploration and 

prospecting, preliminary or incidental to the exercise of powers or the 

performance of functions by the Authority under this Act. 
 

Power to issue 

directions  
17. The State Government and the Central Government may, from time to time, 

issue to the Authority such directions as in its opinion may be necessary or 

expedient for carrying out the purposes of this Act, and it shall be the duty 

of the Authority to comply with such directions. 
 

Power to make 

regulations  
18. (1) The Authority may, with the previous approval of the State Government, 

make regulations not inconsistent with the provisions of this Act for the 

administration of the affairs of the Authority. 

(2) In particular and without prejudice to the generality of the foregoing 

powers, the Authority may make regulation providing for— 

(a) the procedure in regard to the transaction of business of the Authority or 

its committees.  

(b) the appointment, service conditions, functions, and duties of the officers 

and employees of the Authority. 

(c) the constitution, powers, duties and functions of the committees of the 

Authority. 

(d) the powers and functions of the technical experts. 

(e) any other matter for which provision is to be, or may be, made in the 

regulations for fulfilling the objects of the Act. 
 

Borrowing 

powers of 

Authority 

19. Authority may with the consent of or in accordance with the terms of any 

general or special authority given to it by, the Central Government or as the 

case may be by the State Government, borrow money from any source by 

way of loans, issue of Bonds, Debentures or such other Instruments, as it 

may deem fit for discharging all or any of its functions under this Act. 
 

Establishment of 

Head office and 

Branch office of 

the Authority 

20. Authority may open its Head Office at such suitable place in the River 

Valley of Tehri district and may further open such of its branch offices at 

such place or place as it may require. 



  Chapter-VI 

Protection and prohibition of certain activities 

Requirement of 

permission for 

major 

developmental, 

constructional 

and mining 

activities in the 

River Valley 

21. (1) No Major constructional or Major Developmental activity in contravention 

of master plan or sectoral plan shall be carried out in the River Valley 

provided if any person or body intends to carryout activities other then 

mentioned in sub section one of this section, he shall inform in writing to 

the Authority with its complete plan and if the Authority does not raise any 

objection with in sixty days from the receipt thereof the no objection shall 

be deemed to have been granted. 

(2) No construction or development shall be permitted in the catchment area of 

River Valley or near the Reservoir/Dam in contravention of the master Plan 

or Sectoral Development plan. Except for public purpose like construction 

of the Bridges, preventing floods, control of soil erosion, construction of 

hydel projects etc. or any work incidental thereto. 

(3) No commercial mining activity shall be carried out in the catchment area of 

River Valley with out the permission of the Authority provided no such 

permission shall be granted for any mining activity on the banks of the 

Rivers or Dam/Reservoir which may cause soil erosion. 

Explanation:- 

(a) for the purpose of this section the major developmental or 

constructional activity means the activity requiring excavation of soil 

upto the depth of three feet or more in an area comprised in the Master 

Plan or Sectoral Plan and having an plinth area of more then seventy 

five square metes in a double storey. Provided no such permission or 

NOC is required for the following activities - 

(i) Temporary structure and thatched house to be used as cattelshed; or 

(ii)  establishment of small water mills; or 

(iii) extension of existing house subject to the condition mentioned in 

sub section (2) of section 21 and its explanation; or 

(iv) construction of retaining walls or boundary walls used for the 

protection of existing house or agricultural fields or for 

maintenance of Roads and Pathways; or 

(v) emergency construction raised after having natural calamites and 

disasters in the area : 

Provided further the Executive committee or its duly Authorized 

officer may see that ecology of the area is not affected by the construction 

referred as above. 

(b)  the local inhabitants may take minor minerals for their household 

requirement without obtaining permission of the Authority if such 

mining does not come with in the preview of sub-section (3) of this 

section and subject to the fulfillment of conditions specified in other 

laws and rules prevailing for the time being in force. 

 

Overriding 

effect  

22. (1) Provisions contained in any other Act, Rules or regulation made or 

notification issued by the Government which are inconsistent with the 

provisions of this Act and as applicable to the area of the River Valley shall 

cease to apply from coming into force of the Act. 



  (2) The provisions of this Act shall have effect notwithstanding anything 

inconsistent therewith contained in any other Act, law, custom, usage or 

contract. 

(3) Save as otherwise provided in sub-section (1) the provisions of this Act 

shall be in addition to and not in derogation of any other Act. 
 

  Chapter-VII 

Offences and penalties etc. 

 

Offences  23. (1) Any person or director in relation to a firm who at the time when the 

offence was committed was incharge of and was responsible for the affairs 

of the company or for the conduct of the business of the company who 

undertakes or carried out major development on the land in contravention of 

the Master Plan or Sectoral Plan as mentioned in section 10 and 11 or 

contravenes the provisions of section 21 of this act shall be punishable with 

fine which may extend to twenty thousand rupees and in case of continuing 

offences with further fine which may extend to one thousand rupees for 

everyday during which such offence continues or three times the assessed 

value of construction so raises, which ever is greater. Provided further if 

any material is seized from the offender the same shall stands forfeited in 

favour of the Authority. 

(2) Any person who obstructs the entry of a person Authorized under section 16 

to entry into or upon any land or building or molests such person after such 

entry shall be punishable with imprisonment for a term which may extend 

to six months or fine of one thousand rupees or both. 

(3) Whosoever- 

(a) Whoever destroys, pullsdown, makes injuries or defaces any piller, post 

or stake fixed in the ground or any notice or other matter putup, 

inscribed or placed by or under the directions of the Authority; or 

(b) Damages any  works, property, belonging to the Authority; or 

(c) Fails to furnish to the Authority or any other officer of the Authority 

any information required by the Authority or such officer for the 

purpose of this Act; or 

(d) For the purpose of obtaining any permission or NOC under section 21 

of the Act makes a statement which is false in any material particular or 

in any way pollutes the River Valley or otherwise contravenes the 

provisions of this Act shall be punishable with imprisonment for a term 

which may extend to one months or with fine which may extend to five 

thousand rupees or both. 

Explanation- in this section director in relation to a firm also means a partner of 

the firm. 
 

Jurisdiction of 

court 
24. No court inferior to that of Judicial magistrate of first class shall try offence 

punishable under this Act. 

 
Cognizance of 

offences  
25. No court shall take cognizance of any offence under this Act except on a 

complaint in writing made under the signature of an officer duly authorized 

by the Authority in this behalf. 



 

Sanction of 

prosecution  
26. No prosecution for any offence punishable under this Act shall be instituted 

except with the previous sanction of the Chief Executive Officer or such 

other officer of the Authority not below the rank of Additional Chief 

Executive officer. 
 

Fines when 

realized to be 

paid to the 

Authority  

 

27. All fines realized in connection with the prosecutions under this Act shall 

be paid and credited to the fund of the Authority. 

Compounding of 

offences 
28. (1) Any offence made punishable under this Act may either before or after the 

institution of proceedings be compounded by the Authority or any officer 

authorized by it in that behalf by general or special order on such terms 

including any term as regards to payment of the composition fees, as the 

Authority or such officer may think fit. 

(2) Where an offence has been compounded the offender if in custody shall be 

discharged and no further proceeding shall taken against him in respect of 

the offence compounded. 

 

  Chapter-VIII 

Supplemental and miscellaneous provisions 

 
Finality of orders 

made under this 

Act 

29. (1) Any order passed or decision taken by the Authority or officer in respect of 

maters to be determined for the purposes of this Act shall, subject only to 

revision if any provided under this Act, be final. 

(2) No such order or decision shall be liable to be questioned in any court of 

law. 

 

 

Revision  30. (1) Any person or body aggrieved by the order of the Authority may file 

revision before the Chief Secretary of the State Government which may 

pass such order in relation to as it may think fit. 

(2) No order sub-section (1) shall be made to the prejudice of any person unless 

he has had a reasonable opportunity or making his representation.  

(3) Every application to the Chief Secretary of the State Government for the 

exercise of its powers under this section shall be made with in one month 

from the date on which the order, decision or direction to which the 

application related was communicated to the applicant. Such application as 

far as possible be disposed of within three months. 

 

Imposition of 

cess & fee 

31. (1) Notwithstanding in any other law and subject to any limitation imposed by 

parliament by law relating to mineral development, the Authority may 

impose a cess on mineral rights in the River Valley at such rates as may be 

prescribed. 

(2) Any cess imposed under this section shall be subject to confirmation by the 

State Government and shall be leviable with effect from such date as may 

be appointed in this behalf by the State Government. 



(3) The Authority may take such fees for giving NOC or permission for the 

activities mentioned in section 21 of this Act or for other activities as may 

be prescribed. 
Member and 

other officers to 

be public servant  

32. All members, the officers and employees of the Authority shall be deemed 

to be public servant with in the meaning of section 21 of the IPC. 

 

Protection of 

action taken in 

good faith 

33. No suit, prosecution or other legal proceeding shall lie against the Authority 

or any member or officer thereof in respect of anything which is in good 

faith done or intended to be done in pursuance of this Act and regulations 

made thereunder. 

 

Repeal and 

savings  
34. The Uttar Pradesh Bhagirathi River Valley act, 1999 (U.P. Act No.14 of 

1999) is hereby repealed. Notwithstanding such repeal any thing done or 

proceeding taken, notification issued, order passed and decision made by 

any Authority or officer under the repealed Act shall in so far as they are 

not inconsistent, with the provision of this Act be deemed to have been 

made, issued, passed or done by the Authority or Officer under the 

corresponding provision of this Act and shall have effect accordingly until 

they are modified, cancelled or superseded under the provision of this Act. 

Any asset acquired or money received under the repealed Act or by the like 

Authorities or the Boards constituted under other Acts applicable in the area 

to which its Act apply shall stand transferred to the Authority under this 

Act.