LexThe Andhra Pradesh Water, Land and Trees Act, 2002.
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ANDHRA PRADESH WATER, LAND AND TREES ACT, 2002
Act No.10 of 2002
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER - II
CONSTITUTION OF ANDHRA PRADESH WATER, LAND AND TREES
AUTHORITY.
3. Constitution of Water Land, Trees Authority
4. Meetings of the Authority
5. Officers and Servants
6. Functions of the Authority
7. Delegation of Powers
CHAPTER - III
GROUND WATER PROTECTION
MEASURES
8. Registration of Wells
9. Prohibition of water pumping in certain areas
10. Permission for well sinking near drinking water source
11. Over Exploited areas
12. Protection of public drinking water sources
13. Distance and depth for sinking of wells
14. Registration of drilling rigs
15. Closure of wells
16. Compensation for closed wells
17. Rain water harvesting structures
18. Re-use of water
19. Prohibition of water contamination
CHAPTER - IV
SURFACE WATER PROTECTION MEASURES
20. Land use and water quality
21. Water use in watersheds
22. Optimum use of surface and ground water
23. Protection of lakes, ponds and tanks
24. Ceiling on water usage
25. Power to designate
26. Protection from breaches
27. Sand mining
CHAPTER – V
TREES
28. Tree plantation in urban areas
29. Protection of tress
30. Tree plantations by government departments etc
31. Sheep and goat farming.
32. Tree protection in fringe areas
CHAPTER – VI
MISCELLANEOUS
33. Appeals
34. Protection of action taken in good faith
35. Penalties
36. Service of notices
37. Compounding of offences
38. Seizure of property liable of confiscation
39. Overriding effect
40. Exemptions
41. The Fund
42. Budget
43. Accounts and Audit
44. Powers to remove doubts and difficulties
45. Powers to make rules
46. Repeal of Ordinance 15 of 2000
47. Repeal of Act 7 of 1996
THE ANDHRA PRADESH WATER, LAND AND TREES ACT, 2002
Act No. 10 OF 2002.
[19th April, 2002]
AN ACT TO PROMOTE WATER CONSERVATION, AND TREE COVER AND
REGULATE THE EXPLOITATION AND USE OF GROUND AND SURFACE
WATER FOR PROTECTION AND CONSERVATION OF WATER SOURCES,
LAND AND ENVIRONMENT AND MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the
Fifty-third Year of the Republic of India, as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement -(1) This Act may be called the
Andhra Pradesh Water, Land and Trees Act, 2002.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification appoint.
2. Definitions -In this Act, unless the context otherwise requires,-
(1) ‘Authority’ means the Andhra Pradesh State Water, Land and Trees
Authority constituted under section 3;
(2)‘Designated Officer’ means an officer or any person so designated by
the Authority to perform the functions, under the Act;
(3)‘Government’ means the State Government of Andhra Pradesh;
(4)‘Ground water’ means water existing in an aquifer below the surface
of the ground at any particular location of the local area regardless of the
geological structure in which it is stationery or moving and includes all
ground water reservoirs;
(5)‘Ground water basin’ means an area confined within such geological
boundaries which will act as water divides and identified and notified by
the Authority;
(6)‘Industry’ means an activity wherein goods are produced by physical
or chemical processes;
(7)‘Landscape’ includes all forms of trees, shrubs, grasses planted and
water bodies to enhance aesthetic value;
(8)‘Notification’ means a notification published in the Andhra Pradesh
Gazette and the word ‘notified’ shall be construed accordingly;
(9)‘Over exploited basin’ means a ground water basin so declared by the
Authority on the advise of the technical expert who duly consider the
quantum and pattern of rainfall, degree of extraction of ground water and
any other relevant factor while advising the Authority;
(10)‘Prescribed’ means prescribed by rules made under this Act;
(11)‘Preservation of trees’ includes planting of new trees and
transplanting trees to other sites, including protection measures such as
fence, tree guards etc.;
(12) ‘Public drinking water source’ means a well, from which the
Government or any local authority or such other authority as the
Government may by notification specify, provides water to the public and
includes such well or any other drinking water source as may be notified by
the Authority;
(13) ‘Public water supply system’ means the structures relating to a
public drinking water source, including conveying pipeline, storage reservoir,
stand post, cistern, hand pump, power pump and all other materials
connected thereto through which water is supplied for drinking purpose;
(14) ‘Sink’ with all its grammatical variations and cognate expressions in
relation to a well includes any drilling, boring or digging of a new well or
deepening carried out to an existing well;
(15) ‘State’ means the State of Andhra Pradesh;
(16) ‘Surface water’ means water occurring on the land surface in ponds,
lakes, streams and rivers;
(17) ‘Technical Officer’ means a subject specialist so designated by the
Authority to give advice on technical matters;
(18) ‘To fell a tree’ includes burning, cutting, debarking, girdling and
release of harmful chemicals and such other operations which cause
damage to any part of the tree;
(19) ‘Tree’ means any woody plant, whose branches spring from and are
supported upon a trunk or body and whose trunk or body is not less than
5.5 cm. in diameter and is not less than one meter in height from the ground
level; and includes young saplings and seedlings etc., which are planted at
sites;
(20) ‘Urban Area’ means a development area declared as such under the
Andhra Pradesh Urban Areas (Development) Act, 1975 or a Municipal
Corporation constituted under the Andhra Pradesh Municipal Corporations
Act, 1994 or the Hyderabad Municipal Corporations Act, 1955or a
Municipality or a notified area committee constituted under the Andhra
Pradesh Municipalities Act, 1965 and includes such town or village or area
declared to be an Urban area for the purpose of this Act, by a notification, by
the Government;
(21) ‘Water shed’ means an area confined within the topographic water
divide line as identified and notified by the authority from time to time for
the purposes of this Act;
(22) ‘Well’ means a well sunk for the search and extraction of ground
water and includes a dug well, bore well, dug-cum-bore well, tube well, and
filter point;
(23) Words and expressions used in this Act, but not defined herein shall
have the meanings assigned to them in the relevant Acts.
CHAPTER - II
CONSTITUTION OF ANDHRA PRADESH WATER, LAND AND TREES
AUTHORITY.
3.Constitution of Water Land, Trees Authority -(1) As soon as may be
after this Act is brought into force the Government shall, by notification with
effect from such date as may be specified there constitute an authority
called the Andhra Pradesh State Water, Land and Trees Authority.
(2) The Authority shall consist of-
(a)Minister, Panchayat Raj,
Rural Development and Ex-Officio
Rural Water supply or any Chairperson
other Minister, nominated
by the Chief Minister.
(b)Three Members of the
State Legislative Assembly, Ex-Officio
nominated by the Government Members
out of which one shall be from
the main opposition political party.
(c )Chief Secretary to Vice -
the Government. Chairperson
(d) Secretary to the Government Ex-Officio
in charge of Agriculture. Member
(e) Secretary to the Government
in- Charge of Irrigation Ex-Officio
and Command Area Development Member
(f) Secretary to Government Ex-Officio
in- Charge Municipal Administration Member
(g) Secretary to Government Ex-Officio
in- Charge of Rural Water Supply Member
(h) Secretary to Government Ex-Officio
in- Charge of Panchayat Raj. Member
(i) Secretary to Government Ex-Officio
in- Charge of Environment, Member
Forests, Science and Technology
Department.
(j) Vice- Chancellor, Acharya Ex-Officio
N.G. Ranga Agricultural University Member
(k)Three Professors of whom one
each from the faculties of Members
Life Sciences, Earth Sciences
and Engineering and Technology
from the Universities in the Sate
nominated by the Government
for a two year term by rotation.
(l) Three experts in the field
of water and soil conservation Members
and economics nominated by
the Government.
(m) Such other non-official
persons not exceeding five
in number who, in the opinion Member
of the Government are interested
in the conservation of natural
resources of whom one each
shall be from the Scheduled Tribes,
Scheduled Castes and Women respectively.
(n) Secretary to the Government Ex-Officio
in- Charge of Rural Development Member
Secretary
(3)The term of office of the nominated members except those nominated under
clause (k) of sub-section (2) shall be such as may be prescribed.
(4)The members shall be entitled to such allowances as may be prescribed for
attending the meetings of the authority or performing duties entrusted by the
authority.
(5)The Government may, in consultation with the State Authority, constitute
by notification, authorities at1[District, Division and Mandal levels] with such
composition and to perform such functions in such manner as may be prescribed.
(6)The Authority constituted under sub-section (1) shall be a body corporate
having perpetual succession and a common seal, with power to contract, acquire,
hold and dispose of property, both movable and immovable and to do all things
necessary for the purposes of this Act and may sue and be sued by the said
name.
4.Meetings of the Authority-(1) The Authority shall meet at least once in
three months at such place and time as the Chairman may decide.
(2)The quorum to constitute a meeting of the authority shall be one third of
the total number of members.
(3)Save as otherwise expressly provided by or under this Act, the procedure for
the conduct of business at the meetings of the Authority shall be such as may be
prescribed.
5.Officers and Servants - (1) The Authority may designate such persons as
designated officers for the purposes of this Act in such manner and for such areas
as may be prescribed.
(2) The Authority may, from time to time, appoint such other officers and
servants subordinate to the designated officer, as may be required by way of
deputation from Government departments, or from Universities or on contract
basis.
(3) The Authority may also appoint such other officers to assist the State
Authority in such manner and for such purposes as may be prescribed.
(4) The conditions of appointment, service, and the powers and duties of
such officers shall be such as may be determined by the Authority.
6. Functions of the Authority -Subject to any special or general directions by the
Government in this behalf, the Authority shall perform the following functions,
namely,-
(a) promote water conservation and enhancement of tree cover in the State;
(b) regulate the exploitation of ground and surface water in the State;
1. Substituted by the Act No. 6 of 2004, S.2.
(c) make regulations for the functioning of the authorities at1[District, Divison
and Mandal level] constituted under the Act;
(d) advise the Government on the legislative and administrative measures to be
taken from time to time for the conservation of natural resources;
(e) advise on economic measures to be taken by the Government as incentives or
disincentives relating to taxes, levies, fees or other charges to promote conservation
of natural resources;
(f) advise on strengthening public participation in conservation of natural
resources from time to time in such a way that equity in access to water in different
basins, sub-basins and regions in the State is maintained;
(g) advise on any other matter that may be referred to it by the Government; and
(h) advise the Government on the constitution and functions of the1[District,
Divison and Mandal level] Authorities.
7. Delegation of Powers -The Authority may delegate any of their powers to the
2[District level, Division level and Mandal level] authorities or any Department or
Officer of the Government or Local Bodies for the purpose of carrying out the
provisions of this Act.
CHAPTER -III
GROUND WATER PROTECTION MEASURES
8. Registration of Wells- (1) All ground water resources in the State shall be
regulated by the Authority, subject to any general or special directions issued in this
behalf by the Government.
(2) On and from the date of commencement of this Act, the owners of all the wells
including those which are not fitted with power driven pumps and water bodies in the
State, shall register their wells/water bodies with the Authority in such manner as
may be prescribed.
9. Prohibition of water pumping in certain areas- (1) The Designated Officer,
with the approval of the Authority, may prohibit water pumping by individuals, groups
of individuals or private organizations in any particular area, if in his view such water
pumping in such area is likely to cause damage to the level of ground water or cause
deterioration or damage to natural resources or environment for a period of not more
than six months which after review may be extended for a further period of not more
than six months at a time.
Provided that no well shall be sunk in such areas as may be prescribed.
(2) The Authority may issue directions to APTRANSCO not to raise and collect
electricity bills during stoppage of pumping of water in pursuance of order issued
under sub-section(1) thereof.
10. Permission for well sinking near drinking water source-(1) Notwithstanding
anything contained in any law for the time being in force and having regard to the
interests of the general public to have the supply of requisite quantity of water for
drinking purposes from the public drinking water source, no person subject to sub-
section (2) shall sink any well in the vicinity of a public drinking water source within a
distance of two hundred and fifty meters in areas other than the areas covered under
section 9 and sub-section (1) of section 11 thereof:
Provided that sinking of any well for public drinking purpose and hand pump for
public or private drinking water purpose shall be exempted under this section:
1. Substituted by the Act No. 6 of 2004, S.3.
2. Substituted by the Act No. 6 of 2004, S.4.
(2)Any person, who intends to sink a well for purpose of irrigation or drinking or
for any other purpose within a distance as specified under sub-section (1) of a public
drinking water source, shall apply for permission to the Authority in such manner and
on payment of such fee as may be prescribed:
Provided that in respect of sinking a well for the purpose of irrigation or drinking or
for any other purpose and if such source is intended to be used with a power driven
pump, the person shall also obtained prior permission of the A.P. TRANSCO
constituted under section 13 of the Andhra Pradesh Electricity Reform Act, 1998 (A.P.
Act 30 of 1998) in such manner as may be prescribed.
(3) The Authority within forty five days of receipt of an application under sub-
section(2), may, on the advice of the Technical Officer, for reasons to be recorded in
writing, grant permission for the sinking of a well for irrigation or drinking water
purpose, if it is satisfied that such sinking shall not adversely affect the public
drinking water source or refuse to grant permission if such sinking affects such
source adversely.
(4) Every permission granted under sub-section (3) shall be subject to the condition
that the authority may for the reasons to be recorded in writing, by order, prohibit,
restrict or regulate form time to time the extraction of water from such well if in its
opinion it is necessary so to do in the public interest and also such other conditions
and restrictions as may be prescribed.
11.Over Exploited areas-(1) The Authority may on the advice of the technical expert,
declare a particular ground water basin as over exploited for a period of not more than
six months which, after review, may be extended for a further period of not more than
six months at a time.
(2)For the purpose of sub-section (1), the technical officer shall take into
consideration the quantum and pattern of rainfall, degree of extraction of ground
water and any other relevant factor while advising the Authority.
(3)On and from the date of such declaration under sub-section (1), no well shall be
sunk in such areas except wells sunk for public drinking purposes or hand pump for
public or private drinking water purpose.
(4)The Authority may issue guidelines for improving the ground water by suitable
measures in such over exploited ground water basins as declared under sub-section
(1) and such guidelines shall be followed by each individual or group of individuals or
institution or organization or Government department or local body concerned as the
case may be.
(5)The Authority may review from time to time the ground water and results
achieved after taking the measures under sub-section (4) and it may revoke the
declaration of over exploited basins as made under sub-section (1) and permit sinking
of wells duly specifying the number of wells to be sunk, depth of the well, distance
between two adjoining wells and other conditions as deemed fit after satisfying itself
that such sinking shall not adversely affect the public drinking water source.
12. Protection of public drinking water sources (1) Notwithstanding
anything contained in any law for the time being in force the Authority may, on
the advice of the Technical Officer, that any existing well is found to be
adversely affecting any public drinking water source, after giving the owner a
reasonable opportunity of being heard by an order, prohibit the extraction of
water for commercial, industrial, irrigation or any other purposes from such
well for a period of not more than six months which after review may be
extended for a further period of not more than six months at a time.
Provided that irrigation well with standing crop shall be taken as last
priority for such purpose.
(2) Notwithstanding anything contained in any law for the time being in
force and in any other provisions of this Act, the Authority, on the advice of the
Technical Officer that any existing well is found to be adversely affecting any
public drinking water source and if such source cannot be adequately protected
by action under sub-section (1) may after giving the owner of such well a
reasonable opportunity of being heard, by an order require him to stop the
extraction of water and close or seal off such well forthwith either temporarily or
permanently.
(3) Whenever it is necessary to make an inquiry or examination in
connection with the protection of a public drinking water source or with the
maintenance of a public water supply system, the Authority or any officer duly
authorised by it in this behalf may after giving prior notice to the owner or
occupier of any land:-
a) enter upon such land as he may think necessary for the said
purpose;
b) undertake surveys or take water levels;
c) conduct pumping tests and geophysical surveys;
d) conduct well logging on the bore;
e) install and maintain water levels recorded and water gauges on the
well; and
f) do all such other things as may be necessary for pursuing such
inquiry and examination;
g) do all such other things as may be necessary for pursuing such
inquiry and examination;
(4) Notwithstanding anything contained in sub- sections (1), (2) and (3), the
Authority may on the advice of the Technical Officer in any urban area, issue an
order:-
(a) Prohibiting extraction of water for sale from an over exploited water source or
aquifer or residential areas or in the recharge zones of residential areas depleting the
public or private water sources and affecting the supply of water for domestic usage;
(b) Prohibiting the drawal of the ground water within the premises of multi-storied
buildings for sale of water outside the premises of such multi-storied building.
(5)The Authority may, on the consideration of the availability of drinking water,
command any existing well in order to ensure supply of drinking water to the local
population. For this purpose the Authority may take over the well for such period as
deemed necessary subject to such conditions as the Authority may prescribe.
(6)The Authority may issue directions to the concerned including local bodies for
preventing wastage of water from the public water supply system or public drinking
water source.
(7)The Authority may issue directions by general or specific order to A.P. TRANSCO
not to raise and collect electricity bills during stoppage of pumping of water in
pursuance of order issued under this section.
13. Distance and depth for sinking of wells- In order to curb unhealthy
competition to tap water from deeper layers of ground water and to maintain ground
water, the Authority may issue directions specifying the distance for sinking of wells
from the existing well and depth for such sinking and such other conditions in areas
other than overexploited ground water basins as declared under sub-section (1) of
section 11, areas declared under section 9 and near drinking water sources as
specified under sub-section (1) of section 10.
14. Registration of drilling rigs.-(1) Every rig owner shall register his
machinery with the Authority in such manner and on payment of such fee as may
be prescribed.
(2) Every rig owner or operator shall follow the instructions issued by the Authority
from time to time.
1[(3) In respect of agricultural lands for irrigation purpose every rig owner or
operator shall obtain a feasibility certificate regarding availability of water in the
selected site from the Ground Water Department or from the experts registered
with the Ground Water Department. The rig owner or operator shall also insure
the proposed bore well before taking up of the drilling work so that no financial
burden falls on the farmer in the case of failure of water in the bore well.]
15. Closure of wells- (1) Wherever it appears to the Authority that any well
has been sunk or is being sunk or water has been extracted or is being extracted in
contravention of any of the provisions of this Act, the Authority or any officer duly
authorised by it in this behalf, may enter upon that land, remove obstruction, if any,
close the pumping of the water, disconnect the power supply, seize any material or
equipment used in connection with such extraction of water and take any such action,
as may be required to stop such extraction and may by order require the owner or the
person in possession of the well to close or seal off the well at his expense and in such
manner as the Authority may specify in such order and such owner or person shall
comply with such order.
(2) Where such owner or person fails to comply with any order made under sub-
section (1), the Authority may after giving such owner or person due notice in that
behalf enter upon the land and close or seal off the well and the cost incurred thereof
shall be recoverable from such owner or person as arrears of land revenue.
16. Compensation for closed wells- Where an order of permanently closing
down or sealing off the well, which is giving substantial yield and which is really
useful for irrigating any land or for an industrial use, is made under sub-section (1) or
sub-section (2) or sub-section (5) of section 12, the Authority may on making such
enquiry and requiring the owner to produce such evidence as he may deem necessary,
make an order for payment of compensation which shall not be less than the market
value of the well including the other expenditure incurred like energisation thereon
and structure. thereon and standing crop at the time of making such an order and
with regard to the determination of compensation for the well situated in a land
acquired shall apply the provisions of the2[Land Acquisition Act, 1894 (Central Act 1
of 1894)] in determining the market value of the well under this section:
1. Added by the Act No. 6 of 2004, S.5.2. Please see now the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
Provided that, where an order under sub-section (1) or sub-section (2) or sub-
section (5) of section 12, relates to temporarily closing down or sealing off a well, water
from which is used for the irrigated crops standing at the time of making such an
order, compensation for such crops shall be payable under this section:
Provided further that where by virtue of an order made under sub-section (1) or
sub-section (2) or sub-section (5) of section 12, any well which is permanently closed
or sealed off for any reason whatsoever, allowed to be opened for extracting water
there from and any subsequent order made for permanently closing down or sealing
off such well again shall not entitle the owner thereof, to claim compensation to such
well:
Provided also that compensation shall not be paid in such cases of temporary or
permanent closure of wells in pursuance of order passed under section 15.
17. Rain water harvesting structures - (1) To improve the ground water
resources, by harvesting and recharge, the Authority may issue guidelines for
constructing appropriate rainwater-harvesting structures in all residential,
commercial and other premises and open spaces haying an area of not less than 200
Square Meters in the manner prescribed within stipulated period failing which the
authority may get such rain water harvesting structure constructed and recover the
cost incurred along with a penalty as may be prescribed.
(2)Notwithstanding anything contained in the relevant laws the
Municipal Corporation or Municipality or any other local Authority as the
case may be, shall impose a condition for providing appropriate rain water
harvesting structure and or rooftop harvesting structures in the building
plans in an area of not less than two hundred square meters, while
according approval for constructions and permanent water and electricity
connection shall be extended only after compliance of the directions given in
this regard.
(3) The Authority may issue guidelines to Municipal Corporations or
Municipalities or any other local authorities in the state for providing
incentives for constructing roof top harvesting structure.
18. Re-use of water - The Authority may formulate guidelines including
suitable incentives for recycling and reuse-of waste water by industrial, commercial
users and local bodies and in the event of non-feasibility in the opinion of the
Authority to install suitable recycling and reuse system, the Authority may levy
appropriate charges:
Provided that the Technical Officer may suggest appropriate measures for this
purpose, which shall be adopted by the industry, commercial unit and local bodies
concerned.
19. Prohibition of water contamination- (l) No groundwater resources shall be
contaminated in any manner by anybody including industrial, local bodies and
aquaculture waste disposal.
(2) Direct disposal of waste waters into the aquifers, is prohibited.
CHAPTER- IV
SURFACE WATER PROTECTION
MEASURES
20. Land use and water quality - The Authority or any designated officer may
direct the occupier of any land that land use shall be modified if the quality of the
water coming from the land is not of acceptable quality compared to the prescribed
standards.
21. Water use in watersheds -(1) To ensure that land and water use in the
watersheds shall be conducive for efficient utilization of these resources as well as
ground water recharge, the watershed committees shall adopt the measures as
suggested by the officer concerned and the members of watershed committees shall
be trained by the officer concerned and the members of watershed committees
shall be trained by the officer concerned and the members so trained shall in turn
train the other farmers prior to signing of the Memorandum of Understanding.
(2)The officer concerned shall have the power to determine and recover
investments made hereafter by way of fresh sanctions by the Government in the
watersheds and in case of non-compliance with the provisions of the Memorandum
of Understanding, the amount due shall be recovered as if it were arrears of land
revenue from the party foundresponsible.
22. Optimum use of surface and ground water -In Irrigation Command Areas,
Water Users Associations shall ensure optimum use of surface and ground water
and for this purpose, the Water Users Associations shall adopt the measures
suggested by the designated officer.
23. Protection of lakes, ponds and tanks - (1) The Authority may notify water
bodies like lakes, village ponds and minor irrigation tanks along with nalas (water
course or drainage course) as heritage bodies and conservation areas to prevent
conversion of their intended use and the authority shall take all measures to
permanently demarcate the boundaries through the department of the Government
or the organization concerned as per the memoirs of lakes/tanks/ponds/nalas
(water course or drainage course) and shall take measures to evict and prevent
encroachment. For this purpose, the Authority may give directions to the
concerned department, agency, statutory body or official and upon such direction,
the concerned department, agency, statutory body or official shall comply with
such directions. The authority may also issue guidelines in this regard and the
guidelines shall be complied with by all the concerned.
(2)The designated officer shall have the power to prevent and remove
encroachments into the demarcated area of the water body.
(3)No undesirable wastes including liquid wastes shall be allowed to be
dumped in the water bodies by any person or organisation.
(4) The Authority shall in consultation with technical experts decide
the permissible levels of pollutants which can be allowed into the water
bodies.
(5) The designated officer shall have the authority to take required steps to
prevent and control polluted water entering the water bodies.
24. Ceiling on water usage - (1) The designated officer may prescribe ceiling on
water usage per unit of production by any industry or commercial unit.
(2) The Authority may levy cess or surcharge on the water used for
production activities.
25. Power to designate - The Authority shall have power to designate an officer
to be in-charge of the water bodies in the State, Municipal Corporations,
Municipalities, Urban Areas or Gram Panchayats to ensure proper protection and
deconservation of the water bodies.
26. Protection from breaches -The Authority may direct the water users
associations to prevent and restore breaches to irrigation sources within a specified
time and take up such measures through the officer concerned.
27. Sand mining - The Authority may frame guidelines for sand mining
from water bodies wherever such sand mining is environmentally harmful both in
private and Government lands:
Provided that sand mining shall not be permitted in over exploited basins
as declared by the Authority under sub- section (1) of section 11 of the Act.
CHAPTER-V
TREES
28. Tree plantation in urban areas - (1) The Authority may direct that every
Municipal Corporation or Municipality or any other Local Authority, as the case
may be to insist for compulsory plantation with such number of trees and their
maintenance as may be prescribed while according approval of building plans.
(2)The Authority may also direct the Municipal Corporation or
Municipality or the other Local Authorities, as the case may be, to designate
an officer to be in-charge of tree plantations in their respective areas.
(3)Tree plantation and landscaping shall be adopted in all public and
private premises for which purpose Municipal Corporations or
Municipalities or other local Authorities, as the case may be, may issue
directions to individuals, organisations or other persons for tree planting
and landscaping in their premises. The directions issued shall be
implemented by the individual, organisations or other persons within a
period as may be prescribed failing which Municipal Corporations or
Municipalities or other Local Authorities, as the case, may be, shall
implement the directions and cost there of shall be recovered from the
individual, organization or other persons along with a penalty as may be
prescribed.
(4)Tree plantations in urban public areas and road margins shall be
owned by the Municipal Corporation or Municipality or other Local
Authority, as the case may be.
(5)No falling of the trees or branches is permitted without the prior
permission of the designated officer. In case when a tree is to be felled, not
less than two seedlings should be planted and when such planting is not
possible, cost of raising seedlings and their maintenance shall be recovered
from the concerned individual, organisation or other persons for raising
plantations in public places.
(6)The Authority may issue suitable guidelines for planting, protection
and maintenance of existing trees or landscape in public premises including
public and private schools, colleges, Medical colleges, Engineering colleges
and other institutions and the Head of the institution shall be made
responsible for the same.
(7)The Authority may direct the Municipal Corporations or
Municipalities or other local authorities, as the case may be, to take up
plantation and maintenance of existing trees in all public places under
control of such Municipal Corporations or Municipalities or local authorities
concerned as the case may be.
29. Protection of trees- (1) Any person, institution, organization or
department, public or private, providing a public or private utility service
including Roads and Buildings department, Energy department of the
Government and Telecommunications Department shall ensure protection
of trees and their branches while developing their infrastructure or carrying
on their activities.
(2) Wherever laying of new roads or widening of roads involves cutting of
existing tree, the Authority may issue suitable guidelines for protection of
such tree growth as it deems fit.
30. Tree plantations by Government departments etc.-(1) The
Authority may formulate guidelines for tree plantations along with the road
margins, canal banks, tank fore shores and water bodies:
Provided that the cost of plantation and further maintenance shall be
included in the cost of formation of the roads, canals and tanks and suitable
amount may be earmarked for plantation and protection of trees within any
of the existing provisions for supervision or miscellaneous or unforeseen
expenditure under all works estimates as prescribed.
(2) The Authority may direct the Local Authorities to ensure tree
plantation in the fore shore areas of the open water bodies.
(3)All agricultural land owners except small and marginal farmers and
wetland owners as determined by the Government shall plant trees in their
land holding as proscribed by the Authority upto 5% of their total land
holding and felling permission for trees shall be given only when the land
owner plants trees in equal extent of land:
Provided that the area covered by the existing tree growth including fruit
bearing horticultural crops shell be included while calculating the area
under tree growth:
Provided further that suitable incentives, as may be prescribed, shall be
given to the land owner who plants tree species in his total land holding,
(4) The government may constitute a committee for protection and
maintenance of the plantations raised in the lands raised outside the forest
and the said committee shall function as may be prescribed.
31. Sheep and goat farming- It shall be competent for the authority to
protect tree plantation by encouraging stall fed goat rearing and by
rehabilitating the goat rearers in a phased manner.
32 Tree protection in fringe areas- It shall be competent for the Authority
to encourage all families especially living in the fringes of forest areas to
acquire non-conventional energy devices in order to protect the trees.
CHAPTER-6
MISCELLANEOUS
33. Appeals- (1) Any person, aggrieved by any order made under any of the provisions
of this Act may, within a period of 30 days from the date of receipt of the order by him,
appeal to the Authority, if the order is made by any other officer.
(2)On receipt of such appeal, the Authority shall after giving a
reasonable opportunity to the appellant of being heard, pass such order as
it may think fit.
Explanation". For the purpose of this section, the expression ‘person
aggrieved’ includes a Local Authority, the Panchayat Raj or Municipal
Administrative Engineering Department, State Ground Water Department
and any other agency or authority entrusted with the responsibility of
supplying drinking water or protection of trees.
(3)Before passing an order in such appeal, the Authority shall obtain
the opinion of the technical experts appointed by the Authority and shall
take the same also into consideration.
(4)The technical expert shall forward his opinion within ten days from
the date of receipt of a reference in that behalf by him and in the event of
failure to furnish such opinion by the technical officer within ten days, the
Authority or Designated officer may call the technical expert with the
relevant records and pass appropriate orders as it deems fit.
(5)Save as otherwise provided in sub-section (1), every order made by
the Authority in appeal or otherwise may be reviewed by the Government
and the Government may advise the Authority to reconsider the order and
upon such advise, the Authority may pass orders after reconsideration and
such orders passed shall be final and binding and shall not be reviewed.
34. Protection of action taken in good faith-(1) No suit,prosecution
or other legal proceedingsshall lie against any public servant or person
appointed or authorised under this Act, in respect of anything which is in
good faith done or intended to be done under this Act or in pursuance of
any order made or directions issued under this Act.
(2) No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the Government for any damage caused or
likely to be caused by anything which is in good faith done or intended to be
done under this Act or in pursuance of any order made or directions issued
under this Act.
(3) Any action or act done by any public servant in the absence of good faith
as determined by the Authority shall not be covered under the protection
given under sub-sections (1) and (2) and such public servant shall be
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
35.Penalties- (1) Whoever contravenes any of the provisions of this Act or
obstructs any person in the discharge of his duties under this Act or
contravenes any order violates any rule made under this Act shall be
punished with fine which shall not be less than one thousand rupees but
which may extend to five thousand rupees:
Provided that the person responsible for abetment of such offence or
connivance shall also be liable and punished accordingly.
(2) Whoever without any lawful authority damages, alters, pollutes or
obstructs any part of a public water supply system or a water body,
encroaches water bodies including tanks, lakes, ponds, nalas, (water course
or drainage course), contaminates ground water in any manner by
industrial and aquaculture waste disposal or directly disposes waste water
into the aquifers shall be punishable with imprisonment for a term which
shall not be less than one month but which may extend to six months or
with fine which shall not be less than two thousand rupees but which may
extend to fifty thousand rupees or with both in addition to that the cost of
its repairs or remedying the same shall be recovered as an arrears of land
revenue:
Provided that the person responsible for abetment of such offence or
connivance shall also be liable and punished accordingly.
(3) Whoever without any lawful Authority fells a tree shall be
punishable with a fine which shall not be less than two times of the value
of such tree but which may extend to five times of value of such tree:
Provided that the person responsible for the abetment of such offence or
connivance shall also be liable and punished accordingly.
(4) In the case of a second or subsequent offence, the offender shall be
punished with twice the amount of fine prescribed for such offence under
sub-section (1) or subsection (2) or sub-section (3), as the case may be:
Provided that the person responsible for the abetment of such offence or
connivance shall also be liable and punsihed accordingly.
36. Service of notices-(1) Subject to the rules, if any, made in this behalf, every
notice or order issued under this Act, may be served either by tendering or
delievering a copy there of in person or by post to the person on whom it is to be
served or his authorized agent or if the service in the manner aforesaid cannot be
made, by affixing a copy there of at his lost known place of known place of
residence or at such place of public resort in the habitation in which the structure,
public drinking water source or well or water body or the tree to which the notice
or order relates is situated.
(2) No such notice shall be deemed void on account of any error in the name or
designation of any person or in the description of any structure, public drinking
water source or well or water body or the tree referred to therein unless such error
has resulted in substantial injustice.
37.Compounding of offences- (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Authority or the
Designated Officer or any officer authorized by the Government in this regard, as
the case may be, may accept from any person who committed or who is reasonably
suspected of having committed an offence punishable under this Act other than the
offences punishable under sub-section(2) of section 35 of this Act,-
(i)a sum of money as may be prescribed, by way of compounding of the offence.
(ii)the Authority or Designated Officer or any other officer authorized by the
Government in this regard, as the case may be, may reject to compound the offence
for the reasons recorded in writing;
(iii) the Authority or Designated Officer or any Officer authorized by the
Government in this regard, as the case may be, shall pass order to compound the
offence or otherwise within a period as may be prescribed;
(2) On payment of the sum of money in accordance with sub-section (1), any
person in custody in connection with the offence shall be set at liberty and no
proceedings shall be instituted or continued against such person in any criminal
court.
(3) The acceptance of the sum of money for compounding an offence in accordance
with sub-section (1) by the authority or the Designated Officer shall be deemed to
amount to an acquittal within the meaning of section 300 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).
38.Seizure of property liable of confiscation- (1) Where there is reason to believe
that an offence has been committed in contravention of the provisions of this Act, any
instrument, machinery or any other device, vehicles or other conveyance or any other
moveable property used or involved in committing any such offence may be seized by
an officer as authorised by the Government in this behalf and without any
unreasonable delay either produce the property seized before the Designated Officer or
any other officer authorised by the Government in this behalf by notification
(hereinafter referred to as the authorised officer) or make a report of such seizure and
produce the seizures before the Magistrate having jurisdiction to try the offence on
account of which the seizure has been made except where the offender agrees in
writing forthwith to get the offence compounded under section 37 of the Act. Where
the property seized is such that it cannot be conveniently transported to the court or
authorised officer as the case may be, give custody thereof to any person on his
executing a bond undertaking to produce the property before the Court or authorised
officer as and when required and to give effect to tExcerpt shown. Open the full act in Lexace.