The ASSAM HILL LAND AND ECOLOGICAL SITES (PROTECTION AND MANAGEMENT) ACT, 2006 (SINGLE DOCUMENT)

THE ASSAM ACT NO. V OF 2007 
(Received the Assent of the Governor on 16th January, 2007) 
 
THE ASSAM HILL LAND AND ECOLOGICAL SITES  
(PROTECTION AND MANAGEMENT) ACT, 2006 
 
AN  
ACT 
  to provide for preservation, protection, regulation, acquisition, and 
maintenance of Hill land and other ecological sites of the State and more 
specifically within the jurisdiction of the Guwahati Municipal Corporation 
and for matters connected therewith or incidental thereto 
 
Preamble. 
 
      Whereas it is expedient to provide for preservation, protection, 
regulation and maintenance of Hill land and other ecological sites of the 
State and more specifically within the jurisdiction  of the Guwahati 
Municipal Corporation and to protect the said hill land and ecological sites 
from unauthorized encroachers , wanton earth cutting  , encroachment for 
habitation in the manner hereinafter appearing; 
       It is hereby enacted in the fifty -seventh Year of the Republic of India 
as follows: - 
 
Short title, 
extent and 
commencement. 
1.  
 
(1) This Act may be called the Assam Hill land and Ecological Sites 
(Protection and Management) Act, 2006 
 
(2)  It extends to the whole of Assam. 
 
(3) It shall come into force on such dates as the State Government may, 
by notification in the Official Gazette, appoint. 
 
 
Definitions. 2.  
 
In this Act, unless there is anything repugnant in the subject or context,- 
 
(a) "Advisory Committee" means the Advisory Committees constituted 
under section 5 
 
(b) "Deputy Commissioner" means the Deputy commissioner of the 
district; 
 
(c) "Designated area" means areas as may be notified by the 
Government under Section 4; 
 
 
 
 
 
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(d) "Ecological Sites" means and includes any area within the State of 
Assam which is not reserve forest or a sanctuary declared under any 
forest law for the time being in force but which are in existent as – 
 
(i) permanent water source of a particular locality; 
 
(ii) a drainage system, feeding channel, any water body having and 
potentiality of becoming water source; 
 
(iii) any local space which preserves any wild variety of valuable 
flora and fauna; 
 
(iv) any local area having specific soil qualities that needs adequate 
protection, and 
 
(v) any marshy land, ponds, lakes and swamp; 
 
(e) "Government" means the Government of Assam; 
 
(f) "Hill land" means any land covered by hillocks or hills and includes 
any local area which is not reserved forest or a sanctuary declared 
under any forest law for the time being in force; 
 
(g) "private land" means the land owned by a registered owner; 
 
(h) "prescribed" means prescribed by rules made under this Act; 
 
(i) "Registered Owner" means an owner of land whose name has been 
recorded in the land records as maintained by Government under the 
Assam Land and Revenue Regulation or any other revenue laws for 
the time being in force and who has valid registered deed in respect 
of his name; 
 
Prohibition of 
Damage and 
destruction in 
the Designated 
Area. 
3.  
 
No person shall – 
 
(i) indulge in or undertake any earth cutting activities or carry any 
portion of a hill land causing damage or destruction of such hill ; 
 
(ii) remove, fill up, dredge or in any way al ter any of the ecological 
sites ; and 
 
(iii) do any such activity which may cause damage or destruction to the 
vegetative cover and wildlife resources of any designated area. 
 
 
Declaration of 
Designated 
Area. 
4.  
 
(1) Government may, on its own motion or on receipt of a report from 
the Advisory Committee declare any Hill land or ecological sites as 
designated Area by notification published in the Official Gazette and 
to take effect from the date of publication of the said notification. 
 
 
 
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(2) The notification under sub section (1) shall clearly indicate the hill 
land and ecological sites in two distinct and separate lists containing 
full description and particulars including boundaries relating to the 
hill land and ecological sites specified in the respective lists. 
 
(3) The Government may fix appropriate identification marks or sign 
board etc. in the Designated Area concerned indicating that the area is 
a Designated Area declared under section 4 of the Act. 
 
Constitution of 
advisory 
Committees. 
5.  
 
(1) The Government may, by notification in the Official gazette, with 
effect from the date specified therein constitute the following two 
Advisory Committees, one in respect of the Kamrup (Metropolitan) 
District and the  other for the rest of the districts wher e this Act is 
applicable to be called the Hill land and Ecological Sites (Protection 
and Management) Advisory Committee with the following , namely:- 
 
 
  (a) The Advisory Committee for the Kamrup (Metropolitan) District: 
 
(i) Commissioner of Lower Assam Division  Chairman 
(ii) Deputy Commissioner Kamrup (Metro) 
District  
Member 
Secretary 
(iii) Sitting Members of Parliament Guwahati 
Constituency  
Member 
(iv) Sitting Members of Legislative Assembly 
Kamrup (Metropolitan) District  
Members 
(v) One representative of Soil Conservation 
Department  
Member 
(vi) One representative of Environment & Forest 
Department 
Member 
(vii) Director of Land Records & Surveys  Member 
(viii) Chief Executive Officer Guwahati 
Metropolitan Development Authority  
Member 
(ix) Commissioner Guwahati Municipal 
Corporation  
Member 
(x) President of Zilla Parishad, Kamrup (Metro) 
District  
Member 
(b) Advisory Committee for the rest of the districts of the State of 
Assam: 
(i) Commissioner of Division Chairman 
(ii) Deputy Commissioner of the District  Member 
Secretary 
(iii) Sitting Members of Parliament of the District  Member 
 
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(iv) Sitting Members of Legislative Assembly of 
the District  
Member 
(v) The District Officer Soil Conservation 
Department  
Member 
(vi) The DFO, Environment & Forest 
Department  
Member 
(vii) Representative of Director of the Land 
Records  
Member 
(viii) President of Zilla Parshad  Member 
 
 
 
Powers and 
functions of the 
Advisory 
Committee. 
6.  
 
Subject to the provisions of this Act and the rules framed thereunder, 
the powers and functions of the Advisory Committee shall be- 
 
(i) to recommend the Government any m atter regarding 
administration, classification and management of the 
Designated Area ; 
 
(ii) to recommend the matters, which are, required to be included in 
the Management Plan. 
 
(iii) to suggest measures concerning removal of encroachments from 
the Designated Area; 
 
(iv) to facilitate research works for the development and protection 
and future prospect of the Designated Area; 
 
(v) to take necessary action for improvement, protection and 
promotion of the Designated area; 
 
(vi) to do any work as may be assigned to it by the Governmen t for 
carrying out the purposes of this Act. 
 
 
Term of Office 
of the 
Chairman and 
Members. 
7.  
 
(1) The Chairman and the Members of the Advisory Committee shall 
hold office for a term of three years from the date specified in the 
notification in constituting the Advi sory Committees under 
section 5. 
 
(2) The Advisory Committees shall hold their meetings in the 
concerned head quarter of the district or such other place or 
places as may be determined by the Chairman from time to time. 
 
(3) The procedure and  conduct of business of the Advisory 
Committee Meeting including quorum shall be such as may be 
prescribed. 
 
 
 
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Dissolution of 
the Advisory 
Committee. 
8.  
 
(1) The Government, may dissolve the Advisory Committee if in its 
opinion the Advisory Committee- 
 
(a) is not competent enough to perform or persistently defaults 
in discharging its duties or performing the functions assigned 
to it under this Act without reasonable cause or excuse; 
 
(b) exceeds or abuses the powers assigned to it under this Act; 
 
(c) is not functioning in a manner consistent with the provisions 
of this Act or the rules framed thereunder ; or, 
 
(d) circumstances have so arisen that the Committee is rendered 
unable to discharge duties or to perform functions assigned 
to it under this Act; or 
 
(e) it is  otherwise expedient or necessary to dissolve the 
Committee. 
 
(2) The Government may by notification in the Official Gazette 
stating the reasons for doing so dissolve the Advisory 
Committee for such period not exceeding one year at a time and 
declare that all the powers and duties of the Advisory 
Committee shall during the period of dissolution and until the 
committee is reconstituted, be exercised and performed by such 
person or persons or authority as the Government may, from 
time to time appoint in this behalf. 
 
 
Disqualification 
of Chairman 
and Members. 
9.  
 
(1) A person shall not be qualified for being nominated or 
continuing as Chairman or a Member of the Advisory 
Committee, if – 
 
(a) he is not a citizen of India; or, 
 
(b) he has been and is convicted for an offence involving moral 
turpitude; or, 
 
(c) he is of unsound mind; 
 
(d) he is undischarged insolvent; 
 
(e) involves in corrupt practices. 
 
 
Filling of a 
vacancy. 
10. 
 
When the office of the Chairman or Member becomes vacant by death 
or otherwise, a new Chairman or Member, as the case may be, shall be 
appointed by the Government in his place and such Chairman or 
Member shall hold office for the rest of the term which the Chairmen 
or Member would have enjoyed had such vacancy not occurred. 
 
 
 
 
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Vacancies etc. 
Not to 
invalidate the 
proceedings of 
the Advisory 
Committee.  
 
11. No act or proceeding of the Advisory Committee shall be invalid by 
reason only of the existence of any vacancy amongst its members or 
any defect in the constitution thereof. 
 
 
Preparation of 
Management 
Plan. 
12.  
 
As soon as may be after declaration of  a designated area, declaration 
under section 4, the Government shall prepare, in consultation with the 
Advisory Committee, a Management Plan in respect of the concerned 
Designated Area, which shall contain amongst others: - 
 
(a) information regarding purpose,  importance and necessity for 
protecting the said designated area; 
 
(b) the manners by which the designated Area shall be managed, 
protected and preserved under the Act; 
 
(c) removal of encroachment from the designated area, if any and 
 
(d) any other matter which may be considered necessary. 
 
 
Private Land. 13.  
 
Where the lands to be so designated is owned by a registered owner – 
 
(1) The Deputy Commissioner shall cause notice of the intention to 
declare any private land as Designated Area to be served upon 
such registered owner not less than thirty days prior to declaration 
inviting objection, if any. 
 
(2) The Deputy Commissioner shall dispose off the objection after 
giving a reasonable opportunity of being heard to this registered 
owner and then arrange to publish a  draft notification in Official 
Gazette. 
 
(3) Any person aggrieved by such notification made by the Deputy 
Commissioner under sub -section (2) as regards the proposed 
Designated Area of which his plot of land is part may, within 
thirty days from the date of such notification, prefer an appeal 
before the Assam Board of Revenue. The Assam Board of 
Revenue will take up the case as if a case received under Sec tion 
151 of the Assam Land and R evenue Regulation, 1886 and 
dispose off accordingly. 
 
(4) After hearing the registered owner or after final disposal of 
appeals by t he Assam Board of Revenue, the D eputy 
Commissioner with the concerned Advisory Committee, 
recommend the area for declaration as Designated Area to the 
Government. 
 
 
 
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(5) After declaration of the Designated  Area as Designated Area by 
the Government under section 4 the registered owner shall 
comply with the provisions of section 3 of the Act. 
 
(6) If it is considered necessary or expedient in the interest of 
protection of the Designated Area the Deputy Commission er may 
make every effort to remove and rehabilitate elsewhere the 
registered owner residing within the Designated Area with full 
compensation equivalent to the market value of the land. The 
Deputy Commissioner shall forward such cases to the 
Government for recommendation. 
 
(7) Where in the opinion of the Deputy Commissioner, a very urgent 
condition prevails that requires taking over of such land 
belonging to a Designated Area by Government which is being 
occupied by any registered owner, may take appropriate st eps 
invoking the provisions of the Land Acquisition Act, 1894 to 
acquire the land with the approval of the Government. 
 
Duties of the 
Registered 
Owners. 
14.  
 
The registered owner in respect of an area declared as Designated Area 
shall – 
 
(1)  if it is a hill land – 
 
(a) take all possible measures to prevent probable landslide; 
 
(b) take prior approval of the Advisory Committee for raising any 
guard wall including its design if he propose to raise any guard 
wall for protection of the hill land; 
 
(c) not undertake construction of any house without the prior 
approval of the Advisory Committee; 
 
(d) report to the Deputy Commissioner of the district or the 
Advisory Committee about any unnatural fault, crack on the 
hill slope or sliding of land and/or boulder, trees etc. 
 
(2) If it is an ecological site, take all possible measures to inform the 
Deputy Commissioner of the District or the Advisory committee 
about any incident that might lead to degradation of the water 
body or pose a threat to the ecological site. 
 
 
Power of the 
Government to 
stop 
development 
and other 
activities. 
15.  
 
If in the opinion of the Government, any particular area within the 
meaning of hill land or ecological sites which are not declared as 
Designated Area is threatened with destruction by reason of 
commercial, industrial or other development activities, the 
Government may order the stoppage of such activities in whole in that 
area and direct the Advisory Committee to submit reports regarding 
the declaration of the area as Designated Area. 
 
 
 
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Certain works 
within the 
Designated 
Area subject to 
obtaining of 
permit. 
16.  
 
(1) No person shall carry out any research work, survey, soil testing 
etc. of any nature on any Designated Area without obtaining a 
research permit for the purpose from the concerned Deputy  
Commissioner. 
 
(2) The Deputy Commissioner or any person authorized by the 
Deputy Commissioner may issue research permit authorizing 
any person or body of persons to conduct local enquiry, survey 
and soil testing etc. for the purpose of this Act. 
 
(3) The authorization of this kind shall be subject to the following:- 
 
(a) the application must be made on such form as may be 
prescribed; 
 
(b) the applicant must be competent to conduct the minor 
works as proposed in sub-section (l); 
 
(c) the permit holder must submit a rep ort on the work done to 
the Deputy Commissioner within the time specified on the 
permit and in such detail as the Deputy Commissioner may 
require; and 
 
(d) the permit holder must deliver possession of all items 
recovered, any species collected, report prepared  while 
working in pursuant to the research permit to the Deputy 
Commissioner. 
 
 
Termination of 
Designated 
Area. 
17.  
 
(1) Where it appears to the Advisory Committee of any district that 
the continuation of any area as Designated Area is no longer 
necessary, the Advisory Committee may recommend to the 
Government to terminate the said Designated Area. 
 
(2) Before making any such recommendation pursuant to sub - 
section (1), the Advisory committee shall give notice in respect 
of the proposed recommendation in a widely circulated daily 
news paper giving at least thirty days time inviting objections or 
suggestions from the public and where the land is privately 
owned, the notice shall be served on the registered owner. 
 
(3) The Committee shall, considering the objections and 
suggestions received within the stipulated period, make a 
recommendation to the Government for termination of the 
Designated Area under sub-section (1). 
 
(4) On receipt of the recommendation under sub -section (1), the 
Government may, by notification in the Official Gazette 
terminate such Designated Area and remove the area from the 
concerned list of the Notification issued under section 4. 
 
 
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Powers of the 
Civil Court in 
empowering 
attendance etc. 
18. 
 
Subject to the provisions of this Act and the rules made thereunder, the 
Advisory Committee or any officer exercising powers under this Act 
shall have the powers of a Civil Court under  the Code of Civil 
Procedure, for the purpose of – 
 
(a) summoning and enforcing attendance of any person and 
examining him or her on oath as a witness; 
 
(b) enquiring the discovery and production of any document for 
record; 
 
(c) receiving evidence on affidavit; 
 
(d) requisitioning any public records or copy thereon from any court 
or office; 
 
(e) issuing commission for the examination or witness of document; 
 
(f) enforcing or executing orders including an order for restoration 
of possession as if such orders were decrees of a civil court; 
 
(g) remanding an y case or proceedings to the Officer from whose 
decree the appeal is preferred, and such officers shall record the 
substance of the evidence, if any, taken by him. 
 
Central 
Act V of 
1908. 
Penalty. 19.  
 
Whoever fails to comply with or contravenes any of the provisions of 
this Act or the rules made there under or order or directions issued in 
this behalf shall, in respect of each such failure or contravention, be 
punished with imprisonment for a term not exceeding six months or 
with fine which may extend to five thousand rupees or with both. 
 
 
Cognizance of 
offence. 
20.  
 
No court inferior to that of a Judicial Magistrate of the First class shall 
try any offence under this Act. 
 
 
Offences to be 
tried 
summarily. 
21.  
 
Offences under this Act shall be tried summarily under the provisions 
of the Code of Criminal Procedure, 1973 
 
 
Central 
Act 2 of 
1973. 
Bar of 
Jurisdiction of 
Civil Court. 
22.  
 
No Civil Court shall have jurisdiction to entertain any suit or 
proceedings in respect of anything done, any action taken or order or 
direction issued by the Government or any other authority or officer in 
pursuance of any power conferred by or in relation to or his functions 
under this Act. 
 
 
Protection of 
Action taken in 
good faith. 
23.  
 
(1) No suit, prosecution or other legal proceedings shall lie against 
any person for anything in good faith done or intended to be done 
in pursuance of this Act. 
 
 
 
 
 
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(2) No suit or legal proceeding shall lie against Government for any 
damage caused or likely to be caused for any injury s uffered or 
likely to be suffered by virtue of any provisions of this Act or by 
anything in good faith done or intended to be done in pursuance 
of this Act or the rules made there under. 
 
Delegation of 
Power. 
24.  
 
The Government may, by notification in the Official Gazette, delegate 
any of its powers except powers under section 26 to be exercised by 
any authority subordinate to it subject to such reservation as may be 
specified in the notification. 
 
 
Savings. 25.  
 
If operations of  any of the provisions of this Act causes serious loss to 
any person then the Government, on the recommendation of the 
Advisory Committee, may dispose of the matter in a manner not 
inconsistent with the provisions of this Act. 
 
 
Rule making 
Power. 
26.  
 
(1) The Government may make rules for carrying out the purposes 
of this Act. 
 
(2) Without prejudice to the generality of the foregoing provision, 
the rules shall contain any one or more of the following:- 
 
(i) for the classification of both Hill land and ecological Sites 
and the uses to which each classification can be put; 
 
(ii) for the control of entry into a special place and the control 
of activities within such cases. 
 
(iii) respecting the control, regulation, restriction and 
prohibition of any kind of use, development or occupa tion 
of the land or any of the natural resources in the Designated 
Area. 
 
(iv) respecting the sign, plaques and markers to be placed at a 
special place; 
 
(v) determining measures including financial incentives to 
encourage the identification, preservation and prote ction of 
such hill land and ecological sites ; and 
 
(vi) respecting generally any other matter or thing necessary or 
incidental to the provisions of this Act. 
 
(3) Every rule made under this section shall be laid as soon as may 
be after it is made, before the Assam Legislative Assembly 
while it is in session for a total period of fourteen days which 
may be comprised in one session or in two successive sessions 
and if before the expiry of the session in which it is so laid or 
the session immediately following, the Assam Legislative 
Assembly agree in making any modification in the rule or the 
 
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Assam Legislative Assembly agree that the rule should not be 
made the rule sha ll thereafter have effect 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. 
 
Interpretation. 27.  
 
If any question arises as to the interpretation of the provision  of Act or 
the rules made there under, the same shall be referred to the 
Government whose decision thereon shall be final. 
 
 

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