Under United Provinces Melas Act, 1938
Published vide Notification No. 628K/9-1-97-13HKM/97, dated 23rd September, 1997,
published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated 23rd September, 1997
In exercise of the powers under sub-section (1) of Section 9 of the United Provinces Melas Act, 1938 (U.P. Act No. XVI of 1938), the Governor is pleased to make the following rules, namely :
1. Short title, extent and commencement. – These rules may be called the Hardwar Kumbha Mela Rules, 1997.
(ii) They shall apply to the Kumbha Mela to be held at Hardwar during the year, 1998.
(iii) They shall come into force on and from January 1, 1998 and shall continue to be in force till 30 April, 1998.
2. Definitions. – In these rules unless there is anything repugnant in the subject or context-
(a) “Act” means the U.P. Melas Act, 1938 (U.P. Act No. XVI of 1938);
(b) “Additional Officer-in-Charge” means the officer appointed under the second proviso to clause (ii) of Section A of the Act;
(c) “Commissioner” means the Commissioner, Saharanpur Division;
(d) “Committee” means the Committee appointed by the District Magistrate under Section 5 of the Act;
(e) “Mela” means the Kumbha Mela, Hardwar, 1998;
(f) “Officer-in-Charge” means the officer appointed by the State Government for the management and Superintendence of Kumbha Mela, Hardwar, 1998;
3. Mela Area. – A notice showing the Mela Area, as defined by the officer-in-charge under clause (iv) of Section 4 shall be affixed to conspicuous places in the Mela Area for general information.
4. Committee. – (1) A Committee, the number of members of which shall not exceed 15 shall be constituted by the officer-in-charge.
(2) The officer-in-charge and additional officer-in-charge shall be the Chairman and Secretary of the Committee respectively.
(3) Ten members shall form a quorum.
(4) In the absence of a quorum at any meeting, the meeting shall be adjourned for another day. No quorum shall be necessary for an adjourned meeting.
5. Meetings. – The Committee shall meet as often as necessary. In any meeting the Committee may consider the business on the agenda and any other business which may be admitted with the permission of the Chairman.
6. Consultation with the Committee. – The officer-in-charge shall, as and when necessary, consult the Committee in all matters.
7. Audit and Vigilance Cell. – For efficient and vigilant supervision of Mela Construction works an Audit and Vigilance Cell shall be constituted under the Officer-in-Charge which would include the Senior Accounts Officers (Mela), and one Assistant Engineer and two Junior Engineers nominated by the Officer-in-Charge.
8. Receipts and expenditure. – All receipts and expenditure connected with the management and arrangement of the Mela will be treated and accounted for an ordinary transaction creditable or debitable under district sub-heads subordinate to the relevant minor heads in the departmental budgets of the heads of departments concerned. Amounts representing the proceeds of tolls, fees and rents levied or charged under Sections 6, 7 and 8 of the Act shall be creditable to the head “0070-Other Administrative Services-60-Other-Service-800-Other receipts-05. Receipts from Kumbha and Ardh Kumbha Mela Hardwar”. The income of the Municipal Board, Hardwar and Rishikesh and Notified Area Committee Muni-Ki-Reti from toll tax by road and pilgrim tax by rail during the Mela period that is from January 1, 1998 till April 30, 1998 shall be creditable to the head “0042-Taxes on Goods and Passengers-800-Other Receipts 03-Toll Tax-Hardwar Kumbha Mela, 1998”. All expenditures to be incurred by the District Magistrate in connection with the Mela shall be chargeable to the relevant head under “2053-District Administration-Non Plan-094-Other Establishment-09-Lamp Provision for Kumbha Mela, Hardwar Under Grant No. 37.
4215-Capital Outlay on Water Supply and Sanitation-Non Plan-01-Water Supply-800-Other Expenditure-04-Kumbha Mela, Hardwar, 1998-42-Other Expenditure.
4217-Capital Outlay on Urban Development-Non Plan-800-Other Expenditure-03-Kumbha Mela, Hardwar, 1998-42-Other Expenditure.
6215-Loans for Water Supply and sanitation Non-Plan-02-Sewerage and Sanitation-190-loans to Public Sector and other undertakings-05-Loans to institutions for Kumbha Mela, Hardwar, 1998-30-investment/loan.
9. Inspection of shops. – (1) The Officer-in-Charge or any person authorised by him in this behalf may, without notice, at any time, of the day or night, enter into and inspect any shop, stall or place used for the sale of food or drink for human consumption and inspect and examine any article of food or drink which may be found therein or the conditions under which such articles are exposed for sale.
(2) If, in the opinion of the person making an inspection under sub-rule (1) an article of food or drink meant for human consumption is unfit or if the articles are exposed for sale in contravention of any conditions prescribed under Section 7 of the Act, he may seize and remove the same and the Officer-in-Charge may cause it to be so disposed of as to prevent its being exposed for sale or used for human consumption.
(3) No person shall be entitled to any compensation for any articles seized and disposed of under sub-rule (2).
10. Feeding of dairy animals. – No person shall feed any animal which is kept for dairy purposes with any filthy or deteriorated substance or allow it to be fed on such substances.
11. Dogs and animals suffering from rabies etc. – The Officer-in-Charge may authorise any person to destroy or cause to be destroyed or to confine or cause to be confined or to extern or cause to be externed from Mela Area for such period as he may direct, any dog or other animal, which is reasonably suspected to be suffering from rabies or bitten by a dog or other animals suffering or suspected to be suffering as aforesaid. The Officer-in-Charge, shall also exercise similar powers with regard to dogs and other animals suffering from any other contagious or infectious disease.
12. Muzzling order. – (1) Where in the opinion of the Officer-in-Charge the prevalence of rabies in or about the Mela Area renders it necessary for him to take action he may issue a public notice requiring the muzzling of all dogs within the Mela Area.
(2) While such muzzling order is in force the Officer-in-Charge may exercise with regards to dogs found at large without muzzles, all the powers of confinement and destruction conferred by Rule 11.
13. Indemnity. – No damage shall be payable to owners in respect of dog or animal destroyed or otherwise disposed of under the provisions of Rule 11 or 12.
14. Infectious diseases. – (1) A person suffering from cholera, plague, small-pox or any other infectious disease shall not enter the Mela Area.
(2) The Officer-in-Charge may order any person, suffering from any infectious disease, within the Mela Area either to leave the Mela Area or to get admitted in the Infectious Diseases Hospital immediately or within a fixed time. If the order is not complied within the time limit allowed therefor, the Officer-in-Charge shall cause such person to be removed to such hospital by force.
(3) (a) The Officer-in-Charge may authorise the disinfection or destruction of any clothes or other things and disinfection of buildings which might have been infected by the diseased person or otherwise.
(b) No compensation shall be payable for any loss caused by any order passed under this rule.
15. Epidemics. – (1) When any infectious disease breaks out in the mela area in an epidemic form the Officer-in-Charge shall take such steps as may appear necessary to isolate the disease. He shall have the power to confine all persons suffering from such disease to Infectious Diseases Hospital and may order quarantine for persons suspected of Infection.
(2) The Officer-in-Charge shall send warnings to neighbouring districts and may prohibit persons from entering the Mela Area until the epidemic is over.
(3) No compensation shall be payable to any person by way of damage for loss of trade or on account of any other loss occasioned by any order passed in good faith under this rule.
16. Disposal of dead bodies. – No person shall throw any dead body or any carcass on any open place or into any river or water within the Mela Area.
17. Mela Report. – The Officer-in-Charge shall prepare and submit to the State Government, through the Commissioner, a report in respect of the Mela to reach the Government by not later than June 30, 1998.
18. Responsibility of the Office-in-Charge. – The Officer-in-Charge shall be generally responsible for the proper conduct of the Mela and, subject to his superintendence and control, it shall be the duty of all the officers and servants working in connection therewith to perform the duties and exercise the powers which may, from time to time, be entrusted to or conferred upon them.