The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001

[Translation in English of “ 2001-ലലെ കകേരള  നദദീതദീര സസംരക്ഷണവവസം
മണൽ വവാരൽ  നനിയന്ത്രണവവസം ആകേ ‍്ററ‍്" published under the authority of
the Governor.]
 ACT 18 OF 2001
THE KERALA PROTECTION OF RIVER BANKS AND REGULATION OF
REMOVAL OF SAND ACT, 2001*
AN
ACT
to protect river banks and river beds from large scale dredging of river sand
and to protect their biophysical environment system and regulate the
removal of river sand and for matters connected therewith or incidental
thereto.
Preamble.—WHEREAS, it has come to the notice of the Government that
indiscriminate and uncontrolled removal of sand from the rivers cause large
scale river bank sliding and loss of property;
AND WHEREAS, large scale dredging of river sand also disturb the
biophysical environment system of the river in different degrees;
AND  WHEREAS, due to the executive regulatory orders in force,
complaints have been received regarding the hardship to the employees
engaged in construction works;
*Received the assent of the Governor on the 28 th day of December, 2001 and published in the
Kerala Gazette Extraordinary No. 285 dated 20th March, 2002.
2
AND WHEREAS, in the public interest, it is expedient to provide for
regulatory measures for the protection of river banks and removal of sand
from rivers;
      BE it enacted in the Fifty-second year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .—(1) This Act may be called
the Kerala Protection of River Banks and Regulation of Removal of Sand
Act, 2001.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on 1such date as the Government may, by
notification in the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
2[(a) “authorised officer” means the Commissioner of Land Revenue
authorised under section 2B and includes the officer entrusted by the
Government under the said section to assist him];
3[(aa)] “District Collector” means the Collector of the District;
1. 15th day of April 2002  vide  S.R.O.No. 260/2002 dated 12.04.2002 published in the Kerala
Gazette Extraordinary No. 472 dated 15.04.2002.
2. Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
3. Re-lettered by Act 15 of 2013 (w.e.f 25-11-2012).
3
(b) “District Expert Committee” means the District Expert Committee
constituted under section 3;
1[(ba) “State  High  Level  Committee”  means  the  State  High  Level
Committee constituted under section 2A];
(c) “Fund” means the River Management Fund maintained under section
17;
(d) “Government” means the Government of Kerala;
(e) “Kadavu” means a river ban, or water body where removal of sand
is carried out;
(f) “Kadavu Committee” means the Kadavu Committee constituted under
section 4;
(g) “Local Authority” means a Village Panchayat constituted under the
Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Municipality constituted
under the Kerala Municipality Act, 1994 (20 of 1994);
(h) “Municipality” means a Town Panchayat or a Municipal Council or
Municipal Corporation constituted under the Kerala Municipality Act, 1994
(20 of 1994);
(i) “Notification” means a notification published in the Gazette under
this Act;
(j) “Prescribed” means prescribed by the rules made under this Act;
(k) “Section” means a section of this Act;
1. Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
4
1[(ka)  “Special Protection Force” means the Special Protection Force
constituted under section 26A];
(l) “Grama Panchayat” means a Village Panchayat constituted under
section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(m) “Block Panchayat” means a Block Panchayat constituted under
section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(n) “District Panchayat” means a District Panchayat constituted under
section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994).
CHAPTER II
CONSTITUTION OF COMMITTEES
2[2A. Constitution of State High Level Committee .— (1) The Government
shall, by notification in the Gazette, constitute a State High Level Committee
to scrutinize the schemes recommended by the District Expert Committee and
to grant approval to them. 
  (2) The  State High Level Committee constituted under sub-section (1)
shall consist of the following members, namely:—
  
(i)  The Minister for Revenue .. Chairman
(ii) The Secretary to Government in-charge of
the Revenue Department
.. Convener
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
2.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
5
(iii) Law Secretary .. Member
(iv) The Commissioner of Land Revenue .. Member
(v) Director of the Centre for Earth Science
Studies
.. Member
(vi) One Additional Director General of Police
to be nominated by the Government
.. Member
(vii) Chief Engineer of the Irrigation Department
to be nominated by the Government 
.. Member
(viii) Two  Environmental  Scientists  to  be
nominated by the Government  
.. Members
(ix) Two Environmentalists to be nominated by
the Government  
.. Members
(3) The State High Level Committee shall meet at least once in two
months at such time and place as the Chairman may decide.
(4) The quorum for the meeting of the State High Level Committee
shall be five and one among them shall be a scientist under item (viii) of
sub-section (2).
(5)  No  administrative  sanction  shall  be  given  to  any  scheme
recommended by the District Expert Committee unless it is approved by the
State High Level Committee.
6
(6) The State High Level Committee shall have the power to give
approval to any scheme as it may deem fit, even without recommendation
of the District Expert Committee.
(7) The term of the members other than official members in the
State  High  Level  Committee,  shall  be  three  years  from  the  date  of
nomination and shall be eligible for re-nomination.
(8) The non-official members who have completed their term may,
continue in the committee till new members are nominated in their place. 
 2B. Authorised Officer.— (1) The Commissioner of Land Revenue shall
be  the  authorised  officer  to  exercise  overall  supervision  of  the
implementation of the provisions of this Act and he shall be assisted by an
officer not below the rank of Joint Land Revenue Commissioner entrusted
by the Government for the purpose.
 (2) All officers to act under the provisions of this Act shall be bound
to comply with the directions given by the authorised officer.]
3. Constitution and composition of the District Expert Committee.— (1)
As soon as may be, after the commencement of this Act, the Government
shall, by notification constitute an Expert Committee for each district in the
State with effect from such date, as may be specified in the notification.
(2) Every District Expert Committee shall consist of the following
members, namely:—
(a) the District Collector — Ex-officio ; 
7
(b) a representative nominated by the Government from among the
members of the District Panchayat representing any area abutting any river
of the district;
(c) the District Labour Officer — Ex-officio ;
(d) the Superintendent of Police in charge of Law and Order in the
district— Ex-officio ;
(e) the Deputy Director of Panchayat — Ex-officio;
(f) a Municipal Chairman/Chairperson from among the Chairman/
Chairpersons of the Municipal Councils abutting any river in the district —
to be nominated by the Government;
(g) two persons from among the Presidents of the Grama Panchayat
abutting any river in the district— to be nominated by the Government;
(h) one President from among the Presidents of the Block Panchayats
abutting any river in the district—to be nominated by the Government;
(i) a Hydrologist— to be nominated by the Government;
(j) one Executive Engineer of the Irrigation Department working in
this district;
(k) an Engineer not below the rank of an Executive Engineer of the
Kerala Water Authority working in the district — to be nominated by the
Government;
8
(l) 1[three Environmentalists] associated with river protection activities
—to be nominated by the Government;
(m) an Engineer (Roads and Bridges) of the Public Works Department,
not below the rank of an Executive Engineer and working in the district to
be nominated by the Government;
(n) the Geologist/District Officer, Department of Mining and Geology—
Ex-officio;
(o) one Divisional Forest Officer—to be nominated by the Government;
2[(p) Revenue Divisional Officer or Revenue Divisional Officers having
jurisdiction in the district;
(q) three persons to be nominated by the Government from among the
registered organisation of sand removing workers of the district;
(r) Tahasildars of all the Taluks in the district and the Additional
Tahasildars having jurisdiction in relation to regulation of sand removal in
the district].
(3) The District Collector shall be the Chairman and  3[the Revenue
Divisional Officer in-charge of the Headquarters] shall be the Convener of
the District Expert Committee.
(4) The District Expert Committee shall meet at such times and at
such places as the Chairman may decide and exercise such powers and
1.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
2.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
3.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
9
functions  as  may  be  conferred  under  this  Act  and  the  rules  made
thereunder.
4.  Constitution and Composition of Kadavu Committee. —(1) For the
purpose of regulating the removal of sand in every Kadavu or river bank
situated in a district, the District Collector shall constitute for each Kadavu
or river bank a Kadavu Committee called by the name of that place where
the Kadavu or river bank is situate, consisting of the following members,
namely:—
(a)  the  President  of  the  Grama  Panchayat  or  the
Chairman/Chairperson of the Municipality of the concerned Kadavu— Ex-
officio;
(b) the Secretary of the Grama Panchayat or the Secretary of the
Municipality of the area— Ex-officio;
(c) the Assistant Labour Officer of the area— Ex-officio;
(d) the Grama Panchayat Member or the Municipal Councillor of the
area—Ex-officio;
(e) the Assistant Engineer of Irrigation Department having jurisdiction
in the area— Ex-officio;
(f) the Assistant Engineer, (Roads and Bridges) of the Public Works
Department having jurisdiction in the area— Ex-officio;
(g) the Assistant Engineer of the Kerala Water Authority having
jurisdiction in the area— Ex-officio;
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(h) the Village Officer having jurisdiction in the area— Ex-officio;
(i) 1[three Environmentalists] to be nominated by the District Collector;
2[(j) three persons to be nominated by the District Collector from
among the  registered organisations of sand removing workers of the said
area.]
(2)  The President of the concerned Grama Panchayat or, as the case
may  be,  the   Chairman/Chairperson  of  the  Municipality  shall  be  the
Chairman  of  the  Kadavu  Committee  and  the  Secretary  of  the  Grama
Panchayat or, as the case may be, the Secretary of the Municipality shall be
the Convenor of the Kadavu Committee.
(3) The Kadavu Committee shall meet at such times, and at such
places as the Chairman may decide and exercise such powers and functions
as may be conferred under this Act and the rules made thereunder.
5. Term of Office. — (1) Save as otherwise provide in this Act, the
term of office of the members of the District Expert Committee and, as the
case may be, the Kadavu Committee other than the Ex-officio and official
members, shall be three years from the date of nomination and shall be
eligible for re-nomination.
(2) A member referred to clause (1) of sub-section (2) of section 3
and clause (i) of sub-section (1) of section 4 may resign his office by giving
notice in writing thereof to the Government or, as the case may be, to the
District  Collector  concerned  and  shall  cease  to  be  a  member  on  his
1.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
2.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
11
resignation being accepted by the Government or, as the case may be, the
District Collector concerned.
6. Acts of District Expert Committee and Kadavu Committee not to be
invalidated by infirmity vacancy etc .—No Act done or proceeding taken by
the District Expert Committee or the Kadavu Committee shall be invalidated
merely by reason of,—
(a) any vacancy in, or any defect in the constitution of the aforesaid
Committees;
(b) any irregularity in the procedure of the aforesaid Committee not
affecting the merits of the case.
7.Vacancies.—(1) Any vacancy caused in the District Expert Committee,
as the case may be, the Kadavu Committee shall be filled up as early as
possible by nomination by the Government, as the case may be, by the
concerned District Collector.
(2) Any person so nominated to fill up a casual vacancy shall hold
office only so long as the member in whose vacancy he is nominated would
have been entitled to hold office, if the vacancy had not occurred.
8. Meetings of the District Expert Committee. —(1) The District Expert
Committee shall meet at least once in three months in a year.
(2) One third of the total number of members shall be the quorum for
a meeting.
(3) The Chairman may nominate one among the members to preside
over the meeting, in his absence.
12
9. Power  and  Functions  of  the  District  Expert  Committee.—1[(1)]
Subject to the other provisions of this Act and the rules made thereunder,
the  District  Expert  Committee  shall  have  the  following  powers  and
functions,namely:—
 (a) to identify the Kadavu or river bank in a district in which sand
removal may be permitted;
 (b) to fix the total quantity of sand that can be removed from a
Kadavu or river bank giving due regard to the guidelines of expert agencies
like the Centre for Earth Science Studies and Centre for Water Resources
Development and Management or 2[other agencies in the sector, as may be
specified by the Government from time to time;]
(c) to control the transportation of sand from a Kadavu or river
bank to another area;
(d) to close a Kadavu or river bank opened for sand removal;
(e) to ensure the protection of river banks and keep them free from
encroachment;
(f) to consider the opinion of the Kadavu Committee and take
suitable measures to achieve the objectives of this Act; 
(g)  to  ensure  that  the  Kadavu  Committees  of the  District  are
performing their powers and functions conferred on them by this Act;
1.Numbered by Act 15 of 2013 (w.e.f 25-11-2012).
2.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
13
(h) to advise  the  Government  on the measures to protect the
biophysical environmental system of the river banks;
(i) to recommend to the Government the necessity to ban sand
removal from any river or Kadavu during any season of the year;
(j) to carry out the Directions given by the Government, from time
to time;
(k) to exercise such other powers and perform such other duties as
are conferred on it by this Act and rules made thereunder; 
(l) to advise on any other matter to carryout the provisions of this
Act.
1[(2) Where it is not possible to implement the conditions referred to
in section 12 or are not being implemented, the District Expert Committee
shall not grant permission to remove sand from any Kadavu or cancel the
permission granted as the case may be.]
10.  Meeting of the Kadavu Committee .—(1) The Kadavu Committee
shall meet at least once in every month.
(2) One-third of the total number of members shall be quorum for the
meeting.
(3) The Chairman may nominate one among the members to preside
over the meeting, in his absence or if in any circumstances, nomination is
not possible the members present at the meeting may nominate a person to
hold the position.
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
14
11. Powers and functions of the Kadavu Committee .—Subject to the
other provisions of this Act and the rules made thereunder, the Kadavu
Committee shall supervise and monitor all activities of sand removal and
recommend to the District Expert Committee on the following matters,
namely:—
 (a) the suitability of the Kadavu or river bank for sand removal;
(b) the quantity of sand that may be removed from a particular
Kadavu;
(c) the additional measures to be taken for protection of the Kadavu
or river bank;
(d) the necessity to ban sand removal during any season of the year;
(e) to recommend to the Grama Panchayats and the Municipalities for
publication of list of country boats used for and labourers engaged in sand
removal operations;
(f) to carry out the instructions issued by the Government and the
District Expert Committees, from time to time; and 
(g) advise on any other matter to carry out the provisions of this Act.
CHAPTER III 
PROTECTION OF RIVER BANKS AND BIO-PHYSICAL ENVIRONMENT 
SYSTEMS OF THE RIVER
15
12. General conditions for the sand removal operations in a Kadavu. —
(1)  The  Grama  Panchayat  or  the  Municipality  concerned  shall,  before
carrying out the sand removal operation obtain passes from the Geology
Department which shall issue them on the recommendation of the District
Expert Committee for a period of one month in advance, on payment of
royalty as provided for in the law applicable for the payment of royalty.
(2) No sand removal operation shall be carried out in a Kadavu
1[before 7 a.m. and after 4 p.m.]
(3) The Grama Panchayat or Municipality concerned shall subject to
the other provisions of this Act and the rules made thereunder, make
necessary arrangements to carry out the sand removal operations.
(4) Removal of sand shall be permitted only from the riverbed and no
sand removal operation shall be done within 2[15] metres of the river bank.
3[(5) No sand removal operation shall be carried out within a distance
of 500 metres from any bridge or any irrigation project or pumping station
of water supply projects or check dams or from their retaining wall or the
venue of any religious or cultural activities conducted on river bank or the
sand bank in river or in part of the river.
Explanation.—For  the  purpose  of  this  sub-section,  the  expression
“water supply project’’ shall have the same meaning as assigned in Kerala
Irrigation and Water Conservation Act, 2003 (31 of 2003).]
1.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
2.Ibid
3.Ibid
16
(6) The vehicle for loading sand shall be parked at a distance of at
least 25 metres from the river bank, and no vehicle shall be brought to the
river bank for loading.
(7) No sand removal shall be done in a Kadavu or river bank in
excess of the quantity fixed by the District Expert Committee.
(8) No 'Kollivala', pole scooping or any mechanized method shall be
carried out in the sand removal operation.
(9) No sand removal shall be done where there is likelihood of saline
water mixing with river water.
(10) No sand removal shall be done in a river or in any river bank
where Government have expressly prohibited the same by general or special
order.
1[(11) The sand removal operations in a kadavu and transportation of
such  sand  shall  be  carried  out,  only  subject  to  such  conditions  and
restrictions, as may be prescribed.]
13.  Power of Government or District Collector to order closure of
Kadavu or river bank.— (1) Notwithstanding anything contained in this Act,
or in any decree or order of any Court, the Government may, for sufficient
reasons by general or special order, direct for the closure of a Kadavu
opened for sand removal.
(2) The District Collector may notify the ban on sand removal from
any river or river bank during any period particularly during monsoon
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
17
season in a year based on a report from the District Expert Committee or
otherwise that  dredging of sand  disturbs the bio-physical environment
system of the river:
Provided that the order of ban shall not extend beyond a period of
two weeks at a time, which may be extended for a further period not
exceeding two weeks.
(3) Notwithstanding anything contained in any other law, for the time
being in force, the provisions of the Land Conservancy Act, 1957 or the
provisions of Code of Criminal Procedure, 1973 shall apply for the removal
of any encroachment or obstruction in any river bank or Kadavu.
 (4) The Government may notify the rivers and the period for which
and removal from such rivers shall not be allowed.
14.  Control on price of sand etc. —(1) The Kadavu Committee shall,
after taking into account the availability and accessibility of sand in any
area, fix the price of sand for each Kadavu.
 (2) The price to be fixed under sub-section (1) shall be by public
auction.
(3) The price of sand to be fixed by public auction shall include
expenses towards loading sand in vehicle and the labour charges as fixed by
the Kadavu Committee.
 15. Obligation of the Local Authorities to maintain the Kadavu or
river banks in safe condition .—  (1) Every Local Authority in the State
having Kadavu or river bank for sand removal shall maintain such Kadavu
18
or river bank in a safe condition and protect its bio-physical environment
system by taking effective steps to control river bank sliding.
(2) Every local authority shall erect concrete pillars at the Kadavu or
river bank in such a way that no vehicle shall have direct access to the
bank of the river.
(3) The local authority shall establish a check post at each Kadavu or
riverbank and maintain proper account of the sand removed from the
Kadavu.
 (4) Bamboo and "Attuvanchi" may be planted on the river bank with
the help of Forest Department to control river bank sliding.
1[(5) All places, where sand removal and transportation are possible
other than the places where the Kadavus are permitted, shall be closed by
putting up of chains and pillars so as to ensure that no vehicles are taken
to river bank and no illegal sand removal and transportation are carried on:
Provided that the closure of such places shall no affect any right
accrued to any person under the Indian Easement Act, 1882 (Central Act 5
of 1882).
(6) the areas from where sand is permitted to be removed shall be
demarcated by visible marks.
(7) All country boats used for collection and removal of sand and
such other vehicles coming under the Explanation to section 23 shall be
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
19
given separate identity  number and no permission shall be given for
collection and removal of sand in the vehicles having no such number.]
CHAPTER IV
REGULATION TO UPKEEP THE BIO-PHYSICAL ENVIRONMENT
16. River Bank Development Plan. —(1) Subject to the provisions of
this Act and the rules made thereunder and any general or special orders of
the Government, if any in this behalf, the District Expert Committee may
prepare a River Bank Development Plan for establishing, co-ordinating and
protecting river banks within the district, in such manner and containing
such particulars as may be prescribed, for the upkeep of the bio-physical
environment of the river banks:
Provided that the River Bank Development Plan shall be consistent
with the development plan, if any, undertaken by the Government in the
Irrigation Department.
(2) The District Collector shall obtain the approval of the
Government before implementation of the River Bank Development Plan. 
17.  River Management Fund and issue of Passes. —(1) The District
Collector shall maintain a Fund called the "River Management Fund" from
which all expenses towards management of the Kadavu or river bank shall
be met.
20
(2) Every Local Authority having a Kadavu or river bank shall
contribute fifty per cent of the amount collected by the sale of sand
towards the River Management Fund maintained by the District Collector:
Provided that the cost of collection of sand and the Royalty paid shall
not be included in the amount of collection. 
Explanation.— For the purpose of this sub-section, "cost of collection"
shall include the maintenance charges and the cost of erection of concrete
pillars in the Kadavu. 
(3) The Department of Mining and Geology shall ensure that no pass
is issued to the Local Authority without settling the accounts as provided in
sub-section (5).
(4) Every pass issued by the Department of Mining and Geology shall
contain the signature of the authorized officer of that Department and his
seal, which shall be countersigned by 1[the Secretary of the local authority
concerned and an officer of the Revenue Department as may be, officially
nominated by the District Collector, for each Panchayath in that District]
before starting the sand removal operation.
(5) The amount payable towards contribution to fund by a Local
Authority shall be paid by means of cheque or demand draft to the District
Collector  or  an  officer  authorised  by  him  in  this  behalf,  who  shall
countersign it in token of having received it. The account shall be settled
before the 10th day of the succeeding month by remitting the balance
amount due for payment.
1.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
21
1[(6) The amount required for defraying the expenditure towards
management of the kadavu or riverbank under sub-section (1), shall be
appropriated from the Fund in the manner and for such purposes as may be
prescribed.]
18.  Accounts.—(1) The District Collector shall maintain a complete
account of the Fund and it shall be audited every year in such manner as
may be prescribed.
 (2) The account shall be open to inspection by Government or by any
officer specifically empowered for the purpose.
19. Amount to be transferred to the fund. —Any amount collected by
the  District  Collector  towards  River  Management  Fund  based  on  any
executive order of the Government as on the date of coming into force of
this Act, shall stand transferred to and vested in the Fund constituted under
this Act and shall form part of the Fund.
CHAPTER V
OFFENCES AND PENALTIES
                  
20. Penalty for contravention of this Act. —Whoever contravenes any
of the provisions of this Act or rules made thereunder shall, on conviction
be punished with imprisonment for a term of which may extend to two
years or with fine which may extend to 2[five lakh] rupees or with both
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
2Substituted by Act 6 of 2023 (w.e.f 07-01-2023).
22
and in case of continuing contravention with an additional fine which may
extend  to  1[fifty  thousand]  rupees  for  every  day  during  which  such
contravention continues.
21. Abetment of offences. —Whoever abets any offence punishable by
or under this Act or attempts to commit any such offence shall be punished
with the penalty provided by this Act for committing such offence.
22.  Punishment under other laws not barred. —Nothing in this Act
shall prevent any person from being prosecuted under any other law for the
time being in force for any act or omission made punishable under this Act.
2[23.  Seizure of vehicle, loading equipments, tools etc. —Where any
person removes sand from any kadavu or transport sand there from without
complying with the provisions of this Act or the rules made thereunder, the
tools, implements, loading equipments, vehicles and other articles used or
intended to be used for such activities, including sand, shall be seized by an
officer not below the rank of a Village Officer of the Revenue Department
or a police officer not below the rank of a station house officer or a
member of the Special Protection Force.
Explanation:—For the purposes of this section, the term ‘vehicle’ shall
also include country boat, raft and any other vessel. 
23A. Confiscation of sand, vehicles, etc. —(1) Where any property is
seized under section 23, the officer seizing such property shall seal all such
properties  for  indicating  that  the  same  is  seized  and  shall,  whether
1.Ibid
2.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
23
prosecution proceedings have been initiated or not, within forty eight hours
of such seizure make a report of such seizure before the Judicial Magistrate
and before the Sub Divisional Magistrate having jurisdiction over the area
from where the said properties are seized and the fact of such seizure shall
be informed to the Station House Officer of the Police Station, having
jurisdiction over the area. Where information regarding such seizure of
property is received, the police officer concerned shall take steps under
section 102 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(2) Where a report under sub-section (1) is received before the
Judicial Magistrate having jurisdiction, steps thereon, not contrary to the
other provisions of this Act, shall be taken as per the provisions of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and, if no claim is
raised regarding the articles seized or where the Court is satisfied that the
application to release them is not satisfactory,they shall be subjected to
confiscation under sub-section (4):
Provided that the release of the properties seized to any person, for
its safe custody, to any person or its disposal, shall be on sufficient security
and such release or disposal shall only be till the completion of the
confiscation proceedings under this Act:
Provided further that the sand seized shall not, for any reason, be
released to any person and the same shall be subjected to confiscation under
sub-section (4).
24
(3) Where a report under sub-section (1) is received before a Sub-
Divisional Magistrate, a notice requiring to furnish in writing within the
stipulated time as stated in the notice, the reasons, if any, for not
confiscating the property seized under section 23, shall be issued to the
owner of, or the person having control of, the vehicle, tool, implements,
loading equipment, or other article.
(4) Where the owner of the properties seized or the person having
control of the same does not furnish explanation or the explanation given is
not satisfactory, and the Sub Divisional Magistrate is satisfied that the
properties seized under section 23 are to be confiscated, he shall, by an
order, confiscate the same and the fact shall be informed in writing to its
owner or the person having its control:
Provided that the owner of the properties seized or the person having
its control shall be given the liberty to reclaim it,  except sand, by
remitting an amount equal to the value of the confiscated articles, as fixed
by the Collector, in lieu of the properties confiscated: 
Provided further that the sand confiscated shall not for any reason,
be released by realising the value.
(5) The amount received under sub-section (4) shall, subject to the
provisions of section 23 D, be remitted to the River Management Fund.
(6) 1[The value of the sand confiscated under sub-section (4) shall be
fixed by the District Collector as directed by the Government from time to
1. Substituted by Act 6 of 2023 (w.e.f 07-01-2023).
25
time and shall sell to various institutions or individuals through auction, by
following the procedures] and such amount shall be remitted to the River
Management Fund.
(7) The confiscation under this section shall be in addition to the
punishment provided for the offence under this Act.
 23B. Revision to the District Collector .—Any person aggrieved by an
order of confiscation under section 23A may, within fifteen days from the
date of such order, prefer a revision to the District Collector and where the
District Collector is satisfied on the basis of documents that the said order
requires reconsideration, he may revise, amend or cancel such order:
 Provided that where the District Collector is satisfied that the
revision petitioner had sufficient cause for not filing the revision within the
time limit, he may condone the delay up to 15 days, but further delay shall
not be condoned.
23C. Appeal to the District Court .—(1) Any person aggrieved by an
order of the District Collector under section 23B may, within thirty days
from the date of order of the District Collector, file an appeal before the
District Court having jurisdiction over the area from where the property is
seized.
(2) The decision of the District Court on the appeal under sub-section
(1) shall be final.
23D. Return of the confiscated article or the amount paid in lieu of
confiscation.—Where the District Collector, in a revision filed under section
26
23B or the District Court in an  appeal filed under section 23C, amend or
cancel an order under section 23A or section 23B, as the case may be, the
articles confiscated or the amount paid in lieu of confiscation shall be
returned to the owner or person having its control and in case of refund of
the amount, it shall be paid from the River Management Fund.]
24.  Offences  under  this  Act  to  be  cognizable .—Notwithstanding
anything contained in the  Code of Criminal Procedure, 1973 (Central Act 2
of 1974), all offences under this Act shall be cognizable. 
1[25. Cognizance of offences. —(1) The court having jurisdiction may,
upon a written complaint by an officer referred to in section 23 or of a
Geologist of the Mining and Geology Department or upon a police report
under sub-section (2) of section 173 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974), constituting an offence under this Act, take
cognizance of such offence.
(2) Where an officer referred to under sub-section (1) is satisfied that
an offence under this Act has been committed, he shall, as soon as may be,
file a complaint relating to that, before the Magistrate Court having
jurisdiction.]
CHAPTER IV
MISCELLANEOUS
1.Substituted by Act 15 of 2013 (w.e.f 25-11-2012).
27
     26. Power to make rules.— (1)  The Government may, by notification in
the Gazette, make rules to carry out all or any of the purposes of this Act.
        (2)  Every rule made under this Act shall be laid as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of fourteen days which may be comprised in one session or two
successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, the Legislative Assembly makes
any modification in the rule or decides that the rule should not be made,
the rule shall 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 rules.
1[26A.  Constitution of Special Protection Force .—(1) The Government
shall, for the purpose of preventing any activity violating the provisions of
this Act and to ensure the compliance of the provisions of this Act in each
Kadavu,  constitute a Special Protection Force.
(2) The composition, powers and functions of the Special Protection
Force shall be such as may be prescribed.
26B.  Protection  of  action  taken  in  good  faith .—No  litigation,
prosecution or other legal proceeding shall lie against any person in respect
of anything done or intended to be done in good faith for performing the
duties and functions under this Act or the rules made thereunder. 
1.Inserted by Act 15 of 2013 (w.e.f 25-11-2012).
28
26C. Certain officers to be deemed to be public servants. —Any officer
authorised under section 23, section 23A and section 25 shall be deemed to
be a public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860).]
27.  Power of Government to conduct inspection .—The Government
shall have power to call for reports and to examine the files relating to any
decisions taken by a District Expert Committee, or a Kadavu Committee, or a
local authority, under this Act or the rules made thereunder and to give
directions to the Chairman of the District Expert Committee for taking
further proceedings thereon.
      28. Act to override other laws. —The provisions of this Act and rules
made thereunder shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
29.  Sand auditing .—The Government may, with a view to ensure
protection  of  every  river,  provide  for  periodical  measurement  of  the
quantity of sand available for removal by such method and in such manner
as may be prescribed. 
     30.  Appeal.—(1) Any person aggrieved by any order or decision taken
by the Kadavu Committee or the Local Authority under this Act or the Rules
made thereunder may prefer an appeal to the Chairman of the District
Expert Committee, within fifteen days from the date of the said decision or
order.
29
        (2)  Any appeal received under sub-section (1) shall be disposed of
within thirty days, and the decision on such appeal shall be final.
 31.  Removal of difficulties .—(1)  If any difficulty arises in giving
effect to the provisions of this Act, the Government may by order, do
anything, not inconsistent with the provisions of this Act, which appears to
them  to  be  necessary  or  expedient  for  the purpose  of removing  the
difficulty:
       Provided that no order shall be made under this section after the
expiry of two years from the commencement of this Act.
      (2)  Every order made under this section shall be laid, after it is
made, in the session of the Legislative Assembly that immediately follows.

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