THE UTTAR PRADESH HOUSE SITES (FLOOD AFFECTED AREAS) (TEMPORARY POWERS) ACT, 1957

1- (1) This Act may be called the Uttar Pradesh House Sites (Flood Affected Areas) (Temporary Powers) Act, 1957. (2) It extends to the whole of Uttar Pradesh. (3) [***]2

2- In this Act, unless there is anything repugnant in the subject or context- (i) "Central Government" shall have the meaning assigned to it in section 3 of the General Clauses Act, 1857; (ii) "flood affected area" means such area as the State Government may, from time to time, by notification in the official Gazette, specify in this behalf; (iii) "notified date" and "notified period" means such date and such period as the State Government may by notification in the official Gazette, specify in this behalf; (iv) "prescribed" means prescribed by the rules made under this Act, and (v) "State Government" means the Government of Uttar Pradesh.

3- (1) If in the opinion of the State Government it is necessary or expedient to rehabilitated persons affected by floods during the notified period in any area it may, by a notification in the official Gazette, declare such area to be flood affected area. (2) All house sites in a flood area, held or occupied, on the notified date, for building purposes by any person in pursuance of any contract, custom or usage, the houses whereon have completely or partially fallen down or damaged owing to rains or floods, shall continue to be held or occupied by such persons, for such purposes subject to such terms and conditions as may be prescribed, any contract, custom or usage or provisions of any law to the contrary, notwithstanding : Provided that the house shall be reconstructed, remodeled or repaired by the holder or occupier of the house site within a period of one year or such further period as may by State Government be fixed by notification in the official Gazette. (3) Nothing in this Act shall affect the terms and conditions under which the house site was originally held or occupied except in so far as under this Act the holder or occupier has been given the right to continue to hold or occupy the house site as well as to repair, remodel or reconstruct his house.

4- Nothing in this Act shall apply to house sites owned by the Central Government or the State Government or any Local Authority.

5- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as they are made, and shall be subject to such modifications as the Legislature may make.

6- The Uttar Pradesh House Sites (Flood Affected Areas) (Temporary Powers) Ordinance, 1957 is hereby repealed and the provisions of sections 6 and 24 of the U.P. General Clauses Act, 1904 shall apply to it as if it had been an enactment repealed by an U.P. Act.