THE UTTAR PRADESH PARKS, PLAYGROUNDS

AND OPEN SPACES (PRESERVATION

AND REGULATION) ACT, 1975

[U.P. ACT No. 55 OF 1975]

(As passed by the Uttar Pradesh Legislature)

Act to provide for preservation and regulation of parks, playgrounds an  Spaces in Uttar Pradesh

It is hereby enacted in the Twenty- sixth Year of the Republic of India as follows:

1.Short title, extent and commencement. (1)  This Act may be called the Uttar Pradesh parks, playgrounds and open Spaces (Preservation and Regulation) Act 1975.

(2) It shall apply to the areas  included in every Nagar Mahapalika under the Uttar Pradesh  Nagar Mahapalika Adhiniyam, 1959 , and every  municipality or notified area under the U.P. Municipalities Act, 1916 and every town area under the U.P. Town Areas Act , 1914 and to such other  areas as the State Government may , from time to time by notification in the Gazette specify in this behalf.  

(3) It shall come  into force on such date, as the State Government may by notification in the Gazette, appoint, and different dates may be appointed for different local areas .

2.Definitions.  In this  Act, unless the context otherwise requires.-  

                (a) “open space” means any land (whether enclosed or not), belonging to the State Government or any local authority, on which there are no buildings or of which not more than one twentieth part is covered with buildings and whole or the remainder of which is used for purposes of recreation, air or light;  

                (b) “park” means a piece of land on which there are no buildings or of which not more than one – twentieth part is covered with buildings,  and the whole or the remainder of which is laid  out as a garden with trees, plants  or flower –beds or as a lawn or as a meadow and maintained as a place for the resort of the  public for recreation, air or light;  

                (c) “Playground” means a piece of land adapted for the purpose of play, game or sport and used by any educational institution  or club or other association;  

                (d) “prescribed” means prescribed by rules under this Act .

8.Prohibition of construction of buildings  etc.-  No person shall except with the previous sanction  of the prescribed authority, construct any building or put up any structure likely to affect the utility of the park playground or open space specified in the list published under Section 3 or Section 4.   

9.Obligation of owner of parks playgrounds, etc.  (1)  In the ease of a park or playground not vested in a local authority, but included in the list published under  Section 3 or Section 4, the prescribed authority may, by notice, require the owner or occupier  of such park or playground  

(i) to maintain  such park or playground in a clean and proper condition ; or

(ii) to remove or alter any projection, encroachment or obstruction in or over any such park or playground or to make within a  date specified in the notice such repairs to any building in such park or playground as the prescribed authority  may consider necessary .

(2) If the owner or occupier fails to comply with the notice under subsection  (1) the  prescribed authority shall itself arrange, through such agency as it thinks fit-  

(i) to maintain such park or playground in a clean and proper condition; or

(ii) to remove or alter the projection, encroachment or obstruction or

(iii) to make such repairs, as it may consider necessary, and the cost  of such maintenance or removal  alteration or repairs shall be recoverable form such owner or occupier in such manner may be prescribed  .

11.Removal of unauthorized persons .-  If  any person enters or remains in any park , playground or open space belonging to or vested in the State Government or  a local authority in contravention of any direction  issued in that behalf by the State Government or as,  the case may be by such authority, he may without prejudice to any other proceedings which may be taken against him be removed form such park, playground or open space by any police officer or such local authority as the case may be who may use such force for the purpose as may be necessary.  

12.Penalties. – Whoever throws any  rubbish into any park, playground  or open space specified in the list published  under Section 4 or Section 5 or gets over the railings or fence or steals or damages the fruits flowers, plants grass or any other thing whatsoever therein  or commits any nuisance therein shall be punishable with imprisonment for a term which may extend to one month or with fine or with both