The Arunachal Pradesh Flood Plain Zoning Act, 2025

whrqn
The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 116, Vol. XXXll, Naharlagun, Monday, April 7, 2025, Chaitra 17, 1947 (Saka)
GOVERNMENT OFARUNACHAL PRADESH
LAW LEGISLATIVE AND JUSTICE DEPARTMENT
CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 7th April, 2025
No. LaWLegn-1/2025.-The followrngAct of the Arunachal Pradesh LegislattveAssembly
whrch was passed in the Fourth Sessron of the Eighth Legislative Assembly and received the
assent of the Governor of Arunachal Pradesh is hereby published for general informat,on.
(Received the assent of the Governor on 4th April, 2025)
THE ARUNACHAL PRADESH FLOOD PLAIN ZONING ACT,2025
(Act No.4 of 2025)
An
Act
to provrde for the zoning of flood plains of rivers in the State ofArunachal Pradesh and
matters connected therewith or incrdental thereto.
BE it enacted by the Legislative Assembly ofArunachal Pradesh in the Seventy-sixth
year of the Republic of lndia. as follows : -
CHAPTER.I
P16liminary
1 . Short title, oxtent and commencemont : (1) This Act may be called the Arunachal
Pradesh Flood Plarn Zoning Act, 2025.
(2) lt shall extend to the whole of the State ofArunachal Pradesh.
(3 lt shall come rnto force on the date of its publication in the Officaal Gazette.
2. Definitions : ln this Act, unless the context otheMise requires :
(a) "Flood Plain" means and includes water channel. flood channel and lhat area of
nearby lowland and whrch is susceptible to flood by inundation :
(b) "Flood Plarn Zoning" means restricting any human activity in the flood plains of a river
where the plains are created by over flow of water from the channels of rivers and
streams :
(c) "Flood Zone' means the area which is required to carry the flow of the maxtmum
probable floods l
(d) "Flood Zoning Authority" in relation to thrsAct, means the authority appointed by the
State Government under sectlon 3 ,
(e) "Land" means and includes rnterest rn lands, benefits arising out of lands and things
attached to the earth or permanently fastened to anything attached to the earth:
(f) 'Occupier' rn respect of any land, means any person who has an lnterest in the land
and cultivates the land himself or by his servants or by hired labour and includes a
tenant ;
(g) 'Owne/' in relation to any land includes any person having interest in such land ;
(h) "prescribed'' means prescribed by rules made by the State Govemment underthisAct i
(i) "rved' means and includes its tributaries ;
(j) "Water Channel" means the channel in which the flow of a river rs generally confined.
2 The Arunachal Pradesh Extraordinary Gazette, April 7 ,2025
CHAPTER . II
Flood Zoning Authority and its polvers
Declaration of flood plain zoning : (1) Where the State Government consrders it
necessary or expedient so to do, it may, by notification in the Official Gazette declare
that flood plain zoning shall be made in the manner hereinafter specified
(2) The State Government may direct that a survey be made in a flver for the purpose of
determining the limits within which the provisrons of this Act are to be applied and
that propercharts and registers be prepared specifylng all boundanes and landmarks
and any other mater necessary for the purpose of ascertarnrng such limits.
(3) The State Government may by notafication in the Official Gazette appoint the Deputy
Commrssroner of the Distnct or such other authority as the Government consrders
necessary, as the Flood Zoning Authority for the purposes of making a survey of the
area as requrred under sub-section (2) and may specify rn such notification, the
duties to be discharged by such authority.
Powe6 and functions of the Flood Zoning Authority : The Flood Zonrng Authority
shallexercrse the powers and discharge the duties in accordance with the provrsions of
this Act and the terms and conditions specified in the notification under sub-section (2)
of section 3.
CHAPTER - III
Surveys and Delineation of Flood Plain Area
5. Suryey:
(1) The Flood Zoning Authority or any of the authorized officers, shall carry out surveys
of flood plarns ofthe rivers and determine the nature and the extent of flood plains of
the nvers.
(2) The Flood Zoning Authority shall, on the basis of the survey carned out under
sub-section (1) establish flood plarn zones and delineate the areas which are subJect
to flooding rncluding classification of land with reference to relative risk of flood plain
use intended to safeguard the health, safety and property of the general public.
(3) The Flood Zoning Authority shall prepare charts and registers indicating the areas
delineated under sub-section (2).
6. Power to take up survey : lt shall be lawful for the Flood Zoning Authority or any of the
officers authonzed on their behalf-
(a) to enter upon and survey and measure levels of any land within their jurisdiction.
(b) to mark such levels. boundaries and lines by placlng marks or boundary stones,
(c) to measure the land:
(d) to do all other acts necessary forthe purposes of ascertaining the limits refered to
in Section 3 (2); and
(e) Where otherwise the survey cannot be completed and the levels measured, the
authority shall cut down and clear away any part of standing crop, fence or jungle
obstructing the survey :
Provided that no Flood Zoning Authority or any other officers shall enter any building
or open any enclosed court or garden attached to a dwelling-house (unless with the
consent of the occupier thereof) without prevtously giving such occupter at least seven
days notice rn writlng of their intention to do so.
CHAPTER. IV
Notification of Limits of Flood Plains
7. Declaration of intention of State Government to demarcate flood plains areaE :
The State Government may on the basis of a report from the Flood Zoning Authority or
otherwise, by notification in the Official Gazette, declare its rntention to demarcate the
flood plain areas and either prohibit or reslrict the use of land therein.
8. Public Notices : ('1) The Flood Zonrng Authority shall, on the issue of notification under
Section 7, cause public notice of the substance of such notification to be given at
conspicuous places in the area.
(2) The Flood Zoning Authority shall exhibit records, charts, maps, registers and such
other document showing the river channel. flood channel and the flood plain area.
specifying the nature and extent to which the use of limits of the area is either
prohibited or restricted, in the office for rnspection by the general public at the timing
specified therein.
(3) The Flood Zoning Authority may also consider to give notices rndivldually to the
owners, occupiers or possessors as the case may b€, of the lands situated in the
area. where such information is available rn record.
3
4
The Arunachal Pradesh Extraordinary Gazette, AptilT. 2025
9. Objections: (1)Any person, who desires to raise any ob,ectjon to the timits and either
the prohibitions or restrictions specified in the public notice referred to in Section B. may
withrn a perEd of sixty days from the date of publication of the notification in the Offloat
Gazette, forward to the Flood Zonrng Authority a statement tn such manner as may be
prescribed setting forth hrs objections.
(2) After the exprry of the period aforesad, the Flood Zoning Authority shall issue a
notice in a manner prescribed and consider the objections after givlng the party
concerned a reasonable opportunity of being heard in the matter
(3) The Flood ZoningAuthority shallforward to the State Govemment its proposals together
with the records referred to in sub-section (3) of Section 8.
1 0. Decision of State Government : (1) The State Government shall after consldering the
report of the Flood Zonrng Authority, order such alteration rn the limits of the area as it
consrders necessary.
(2) The decisron of the State Government shall be final.
(3) The State Government shall by notification in the Offictal Gazette. declare that the
provisions of thrs Act shall apply lo the satd river with boundanes and limits as
specified.
Provrded that the State Government shall also make arrangement for Rehabilitation
of Colonies already exrsting rn the flood plarn.
(4) The areas delineated and approved by the State Government shall be deemed to be
the flood plain and the limits shall, where necessary be marked either by boundary
stones or other suitable marks.
(5) The Flood Zonrng Authority shall maintain the charts and regis^ters of such areas so
delineated and such charts and registers shall form part ofthe permanent records of
the office and published on the online portal.
(6) The charts and registers maintarned under sub-section (5) shall be fumished to the
Deputy Commissroner of the District and in which any part of the river is situated and
shall be opened for inspection by the generalpublic at such time as may be prescribed.
CHAPTER . V
Prohibition or Restriction of the use of the Flood Plains
11. Power to prohibit obstruction etc. in flood plain : (1)Where the Flood Zonrng Authority
is satisfied that it is necessary to do so in the interest of public health and safety, protection
of property or reducrng the rnconvenrence to the general public, to prohibit or restrict the
activities in the flood plarn. the Flood Zoning Authority may, by notification in the Official
Gazette, specify the areas where such prohibition or restnction is to be enforced and the
nature and extent of such prohibition or restriction:
(2) Upon the publication ofa notification under sub-section (1), notwlthstanding anything
contained in any law, custom, agreement of instrument. for the time being in force,
the prohibition or restriction specified in such notification shall prevail.
(3) No person shall undertake any activity within the prohiblted area or restncted area
except with the prevlous permission of Flood Zonrng Authority.
12. Penalty : lf any person commences or carries on or attempts to carry on any activity in
the areas specified rn the notification under sub-section (1) of Section 11 contrary to the
terms and conditions specified in such notifications, he or she shall be punishable,
(a) with flne, which may extend to one lakh rupees and in default of payment of fine, with
simple imprisonmenl for a term which may extend to two months, and
(b) with furtherfine whrch may extend to five thousand rupees for each day dunng which
the offence continues after the conviction under clause (a).
13. Powe.to Compound: (1)Subject to such conditions as may be prescribed, any offlcer
authorized by the State Government by a general or special order in this behalf may,
either before or after the institution of proceedings under thisAct, accept from the person
who has committed or rs reasonably suspected of havrng committed an offen@. a sum of
money not exceeding one lakh rupees.
(2) On the payment of such sum of money along wlth an undertaking, to the effect that
same offence shall not be repeated. such person shall be discharged, and no further
proceedings shall be taken against him in respect of such offence.
4 TheArunachal Pradesh Extraordinary Gazette, Aprn 7,2025
14. Appoal : (1) Any person aggneved by any decisron of the Flood Zoning Authority may
prefer an appeal to an authority prescribed by the State Government in thrs behalf, withrn
a period of nrnety days from the date on whrch such decision was communicated to hrm:
Provided that the appellate authonty may entertain the appeal after the expiry of the
sard penod of ninety days, if he or she rs satisfied that the appellant was prevented by
sufficrent cause from filing the appeal in hme.
(2) The appellate authority may, after gNrng a reasonable opportunity to the appellant
of berng heard, pass such orders as he or she thinks fit and the decisron thereof
shall be f,nal.
15. Revision: (1) Where no appealhas been prefened under Section 14, the State Govemment
may, for the purpose of examrnrng the legality or propriety or correctness of any order,
lnqurry or proceedings ofthe Flood Zoning Authority, call for the records ofany enqurry or
proceedings ofthe Flood Zoning Authority and make such order in the case as it thinks fit
Provided that no such record shall be called after the expiry of six months from
the date of such order.
(2) No order of the Flood Zonrng Authority shall be varied by the State Government so
as to preludicially atfect any person without giving such person a reasonable
opportunity of being heard rn person in the matter.
CHAPTER - VI
Compensation
16. Payment of compensation : (1)Subject to restrictions specified in Section 18, where
any permrssion to undertake any activity in the flood plain has been refused lo any
person or where as a result of prohibition or restriction imposed on any person underthrs
Act, such person suffers any damage, he shall be entitled to the payment ofcompensation
of the value of the land as may be determined under the Right to Fair Compensation
and Transparency in Land Acqursition, Rehabilitation and Resettlement Act, 2013
(Act No. 30 of 2013).
(2) ln determining the amount of compensation under sub-section (1)any restflction to
which the land rs subjected to under any other law for the time being rn force in
regard to the flght of the person claimjng compensation to carry on any activity on
the land or otheMise to the use of the land shall be taken into constderation for
payment of compensation.
17. Determining the compensation and appoftionment by consent: (1) The person to
whom the compensation under Section 16 rs to be pard and the apportionment of such
amount among the persons interested therein shall be determined by agreement between
the Flood Zoning Authority and the person or persons claiming rnterest therein.
(2) ln default of any such agreement, the Flood Zonrng Authority shall, after holding
such enquiry as it considers necessary, make an award determtntng
(a) the amount of compensation to be paid under Section '16 I and
(b) the apportionment, if any, of such compensation among persons known or
believed to be interested therein ;
Provided that where the amount of compensation exceedsone lakh fiftythousand
rupees. no award shall be madewithout the previous approvalofthe Sate Govemment
or such other officer as the State Government may authoflzed in this behalf.
18. Compensation not admissible : (1 ) No compensation shall be awarded-
(a) if and in so far as the land rs subject to substantially similar restriction in force under
some other law rn force on the date on which the restrictions were imposed by or
under this Act ; or
(b) lf compensation rn respect of the same restrictions were imposed by or under thts
Act or substantially similar restrictions rn force under some other law has already
been pard rn respect of the land to the claimant or any predecessor in interest ofthe
claim: or
(c)
(d)
for removal of any encroachment.
to a person not having nght to carry any activity on the said land or otheMise use
the land.
Whosoever undertakes an unauthorized activity, then any increase in the land value
from such activity shall not be taken into account tn estimatlng the value of land.
(2)
The Arunachal Pradesh Extraordinary Gazette. AptilT. 2025 5
19. Application againstawa.d: (1)Any person aggrEved bythe award ofthe Flood Zonrng
Authority under sub-section(2) of Section 16 may, by an application rn writing, apply to
the competent crvil court of the district for settlement in terms of Sectaon 64 of Right to
Far Compensation and Transparency rn Land Acqu jsitjon, RehabiliEtlon and Resettlement
Act, 2013 (Act No. 30 of 2013).
(2) Any application under sub-section (1) shall be made in such form and in such manner
as may be prescribed and shall be made within forty flve days from the date of
communication of the award.
(3) The applicatron underthis section shall be disposed of in such manner as may be
prescribed.
20 Payment underaward: On the determination ofthe compensation under sub-section
(1)ofSection 17, or on the making ofan award under sub-section (2) of Section 17 or, if
an application is made under Section 19 agarnst such award, after decisron of the Flood
Zonrng authority, the compensation shall be pard by Flood Zonrng Authority and the
provisions of the Right to Farr Compensation and Transparency in Land Acquisition,
Rehabilitation and ResettlementAct, 2013 (Act No. 30 of 2013)shallapply to such payment.
CHAPTER. VII
Power to Remove Obstructions after P.ohibition
2'1. Power to remove obstructions : (1) The Flood zonrng Authority may, in accordance
with the provrsrons of this Act, direct any owner or occuprer of land to do any act or to
remove any un-authorized obstructions within such time as may be specified by it and
such owner or occupier shall do such act or remove the obstructions.
(2) lf owner or occupier fails to comply with the orderof the Flood Zoning Authority within
the time specified under sub-section (1 ). the Flood Zoning Authority may cause the
act to be performed or cause the obstructions to be removed.
(3) All expenses rncurred by the Flood Zoning Authority under this section shall be
recovered from such owner or occupier as anears ofland revenue as Public Demands
under Bengal Public Demands RecoveryAct, 1913.
CHAPTER . VIII
Miscellaneous
22. Preventing Flood Zoning Authority from discharging any act to be an offence :
Any person who prevents the Flood Zoning Authority in discharging any act imposed
on such Authority by or under thrs Act, shall be deemed to have committed an offence
under Section 186 ofthe Section 22'1 of Bharatiya Nyaya Sanhita, 2023 (Acl No. 45 of
2023) or any other law for the time berng rn force.
23. Flood zoning Authority other officeE to be public seryants : The Flood zoning
Authority and other officers and employees authonzed underthrs Act shall be deemed to
be public servants withrn the meanrng of sub-section (28) of Section 2 of the Bharatiya
Nyaya Sanhita. 2023 (Act No. 45 o12023).
24. Protection of action taken in good faith : (1) No suit, prosecution or other legal
proceeding shall lie agarnst the State Government or any authority or person exerosing
any power or performrng any duty under this Act for anything which rs rn good faith done
or rntended to be done in pursuance ofthrsAct or an order made thereunder.
(2) No suit, or other legal proceeding shall lie against the State Government for any
damage caused or likely to be caused tor anything which is rn good fajth done or
intended to be done rn pursuance of thrs Act or any rule or order made thereunder
25. Recovery offine : All fines imposed under this Act shall be recovered in the manner
provided in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023).
26. Power of Court : A Civil Court of competent jurisdiction shall have Jurisdiction to settle,
decide or deal with any dispute whrch ls by or under this Act required to be settled,
decided or deal with by the Flood Zonrng Authority or such other officer as is authonzed
by the State Government in this behalf.
27 Pow6r to make rules : (1) The State Government may, by notification in the Offictal
Gazette make rules to carry out the purposes of thrs Act.
(2) ln particular and without preJudice to the generality of the foregoing provisions, such
rules may provide for -
(a) the manner rn which charts and records shall be maintained:
(b) the form and manner in whrch application under Section 'l g shall be made and
the manner rn whrch such applicataon shall be disposed ofi and
(c) any such matters whrch has to be, or may be, prescribed.
t) The Arunachal Pradesh Extraordinary Gazette, April 7 , 2025
(3) Every rule made under thrs Act shall be lald, as soon as may be after it is made,
before the House ofthe State Legrslature while it is rn session fora total period of 14
days which may be comprised in one session ortwo or successive sessrons and if
before the exprry of the session rmmediately followang the sessron or the successrve
session aforesard the House agrees in makang any modification rn the rule, or the
House agrees that the rule should not be made, the rule shall, thereaftet have etfect
only in such modified form or be of no effect, as the case may be, so, however, that
any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
28. Power to remove difficulty : lf any difficulty anses in grving effect to the provrsions of
thrs Act. the State Government may, by order do anythrng not rnconsrstent with the
provisrons of this Act, which appears to it necessary for removing the difficulty.
29. Repeal and saving : The Arunachal Pradesh Flood Plarn Zoning Ordinance, 2024 is
hereby repealed.
Notwithstanding such repeal, any order issued or action taken under the sard
ordinance shall be deemed to have been validly taken under the corresponding sections
of this Act.
YashpalGarg, IAS
Commrssioner to the
Government of Arunachal Pradesh,
Itanagar
Published and printed by Oirectorate
50+Commissroner (Law)-50+Secy. (W
of Printing & Stationery Naharlagu n.-20812025-Dop-250+Secy (LA)-
RD)-50-4-2025.

‹ Prev All Arunachal Pradesh acts Next ›