The Assam Hill Land and Ecological Sites (Protection and Management) Act, 2006

''T^b'g'3’ - w / m Registered No. 768/97
THE ASSAM GAZETTE
EXTRA ORDINARY
w  w r w it e
PUBLISHED BY AUTHORITY
20 20t5i1^T§t, 2007, T O  1928 (’RJ)
No. 20 Dispur, Saturday, 20th January, 2007, 30th Pausha, 1928 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH
NOTIFICATION
r
The Wth Jantiary<20ft7 •
No. LGL. 169/2005/13. - The following Act of the Assam Legislative Assembly which 
received the assent of the Governor is hereby published for general information.

102 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007_________
THE ASSAM ACT NO. V OF 2007 
(Received the Assent of the Governor on 16th January, 2007)
L
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 1. 
and commencement
(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 A ct, 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;
(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 -
 
THE ASSAM GAZETTE, EXTRAORDINARY JANUARY 20, 2007 103
(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 the in his name;
Prohibition of 3.
Damage and 
destruction in the
Designated Area
Declaration of 4.
Designated Area
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 h ill;
(ii) remove , fill up, dredge or in any way alter 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.
(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 .
(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.

104 THE ASSAM GAZETTE. EXTRAORDINARY, JANUARY 20, 2007
(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 ther 
other for the rest of the districts where 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 Member
Guwahati Constituency
(iv) Sitting Members of Legislative Assembly Members
Kamrup (Metropolitan) District
(v) One Representative of Soil Conservation Department Member
(vi) One representative of Environment & Forest Department Member
(vii) Director of L and 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
(iii) Sitting Members of Parliament of the Dis trict
(iv) Sitting Members of Legislative Assembly
of the District
Member Secretary
Member
Member
(v) The District Officer Soil Conservation Department
(vi) The DFO, Environment & Forest Department
(vii) Representative of Director of the L and Records 
(viii) President of Zilla Parishad
Member
Member
Member
Member

THE
Powers and 6.
Functions of 
the Advisory 
Committee.
105
Term of Office 7. 
of the Chairman 
and Members.
Dissolution of the 8.
Advisory Committee
ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20. 2007
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 matter 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 Government for 
carrying out the purposes of this Act.
(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 Advisory 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.
(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 cau: e 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,

106 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007
(d) circumstances have so arisen that the Committee is rendered unable Jn 
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.
Filling of a 
vacancy.
10.
(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.
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.
Vacancies etc 
Not to invalidate 
the proceedings 
of the Advisory 
Committee 
Preparation of 
Management 
Plan
11.
12.
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.
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 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
THE ASSAM GAZETTE, EXTRAORDINARY JANUARY 20, 2007 102
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 the 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 Section 
151 of the Assam Land and Revenue Regulation, 1886 and dispose off 
accordingly.
(4) After hearing the registered owner or after final disposal of appeals by 
the Assam Board of Revenue, the Deputy Commissioner with the concerned 
Advisory Committee, recommend the area for declaration as Designated 
Area to the Government.
(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 Commissioner 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 steps invoking the provisions of the Land 
Acquisition Act, 1894 to acquire the land with the approval of the 
Government.

108 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007
Duties of the 14.
Registered Owners
Power of the 15.
Government to 
stop development 
and other activities
Certain works 16. 
within the
Designated
Area subject to 
obtaining of permit
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.
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 are a and direct the Advisory Committee to submit 
reports regarding the declarati on of the area as Designated Area.
(1) No person shall carry on'; any research work, survey, soil testing etc. of 
any nature on any Designate! Area without obtaining a research permit for 
the purpose from the conceme d Deputy Commissioner.
(2) The Deputy Commission or or any person authorized by the Deputy 
Commissioner may issue i esearch permit authorizing any person or body 
of persons to conduct loc< il enquiry, survey and soil testing etc. for the 
purpose of this Act.
(3) The authorization of this ki nd shall be subject to the following:-
(a) the application must be made on such form as may be 
prescribed;
(b) the applicant n lust be competent to conduct the minor works 
as proposed in sub-section (1);
(c) t he permit hole .er must submit a report on the work done to 
the Deputy Cot imissioner within the time specified on the 
permit and in si ch detail as the Deputy Commissioner may 
require; and

THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 109
Termination of
Designated Area
Powers of the
Civil Court 
in empowering 
attendance etc
Penalty
(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.
*7- (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.
18. Subject to the provisions of this Act and
the rules made thereunder, the Advisory
Committee or any officer exercising Central Act V of 1908
powers under this Act shall have the 
powers of a Civil Court under the Code 
of Civil Procedure,, for the purpose o f—
(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 any 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.
19. Whoever fails to comply with or contravenes any of the provisions of this 
Act or the rules made thereunder or order or directions issued in this behalf 
shall, in respect of each such failure or contravention, be punished with

110 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY_2(L_2_0_07________ x
Cognizance of 20. 
offence
Offences to be 21. 
tried summarily
Bar of 22.
Jurisdiction of
Civil Court
Protection of 23.
Action taken in 
good faith
imprisonment for a term not exceeding six months or with fine which may 
extend to five thousand rupees or with both.
20. No court inferior to that of a Judicial Magistrate of the First class shall try 
any offence under this Act.
Offences under this Act shall be tried
summarily under the provisions of the Central Act 2 of 1973
Code of Criminal Procedure 1973,
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.
(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.
Delegation of
Power
Savings
(2) No suit or legal proceeding shall lie against Government for any damage 
caused or likely to be caused for any injury suffered 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 thereunder.
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
25- if operations of nay 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 ofboth 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 occupation 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;

THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007
(v) determining measures including financial incentives to encourage the 
identification, preservation and protection 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 Assam Legislative 
Assembly agree that the rule should not be made the rule shall thereafter 
have effect only in such modified form or be of ho 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.
M. A. HAQUE 
Secretary to the Govt, of Assam,  
Legislative Department.
GUWAHATI-Printed and published by the Dy. Director (P&S) Directorate of Ptg. a~ndSty., Assam, Guwahati-21 
(Ex-Gazette) No. 39-500+600-20-1-201/7.

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