The Manipur Loktak Lake (Protection) Act, 2006

MANIPUR GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
No. 13(E) Imphal, Wednesday, April 5,2006 (Chaitra 15,1928)
 
GOVERNMENT OF MANIPUR
SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT
NOTI FICATION
Imphal, the 5th April, 2006
No. 2/14/2006-Leg/L.— The following Act of the Legislature of Manipur which
received assent of the Governor of Manipur on 1/4/2006 is hereby published in the
Official Gazette.
THE MANIPUR LOKTAK LAKE (PROTECTION) ACT, 2006
(Manipur Act 3 of 2006)
AN
ACT
to provide for administration, control, protection, improvement, conservation and
development of the natural environment of the Loktak Lake and for matters
connected with as incidental thereto.
BE it enacted by the Legislature of Manipur in the Fifty seventh year of the
Republic of India as follows:-
CHAPTER — |
PRELIMINARY
1. Short title, extent and Commencement. — (1) This Act may be called the
Manipur Loktak Lake (Protection) Act, 2006
(2) It sha|| come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
(3) It shaII extend to the whole of 236.21 Sq. km, comprising of large pockets of
open water and marshy land formed at the southern part of the Imphal valley upto the
confluence of Manipur river and Khuga in the districts of Imphal West
and Bishnupur, Manipur located between 93 degree 46 minute & 93 degree 55
minute E-longitude and 24 degree 25 minute & 24 degree 42 minute N-latitude, The
area is surrounded by the following Dag Nos.
 
 
Direction Dag Sheet No. & Name of District
No. No. Village
North 138 01 22/Naorem Utrapat Bishnupur
Northeast 3078 04 85/Wangoitop Imphal West
East 108 01 73/Hayel Imphal West
Southeast 1209 02 68/Laphupat |mpha| West
South 1028 O2 65/Wapokpi Bishnupur
Southwest 155 13 53/Moirang Bishnupur
West 2150 03 43/Thinungei Bishnupur
Provided that the Act shall not apply to the Keibul Lamjao National Park covering
an area of 40 Sq. Km. and Takmu Fishery Farm covering an area of 5 Sq. Km.
2. Definitions: In this Act, unless the context otherwise requires:-
(a) “Athaphum” mean long strip of Phumdis in circular shape in floating
condition, planted or cultured artificially for catching fish;
(b) “Authority” means Loktak Development Authority constituted by the State
Government under this Act;
(c) “Chairman” means the Chairman of the Loktak Development Authority;
(d) “Lake" means the Loktak Lake;
(e) “Loktak Lake" means the Loktak Lake measuring an area of about 236.21
Sq. km;
(f) “Member" means a member of the Loktak Development Authority and includes
the Chairman;
(9) “Occupiers” means a person who dwells in huts or houses on the phumdis or
uses the phumdis;
(h) “Phumdis” means heterogeneous mixture of vegetation, organic debris and
soil in floating condition;
(i) “Prescribed” means prescribed by rules made under this Act;
(j) “Sewage effluent" means effluent from any sewage system or sewage
disposal works and includes sludge from open drains;
(k) “State Government” means the State Government of Manipur.
3. Division of Loktak Lake— For the purpose of this Act, the Lake shall be
divided into two zones, namely:-
(i) ”Core Zone" which will be the No-Development Zone or Totally Protected Zone
consisting 70.30 Sq. Km. surrounded by the following Sheet Nos:-
 
 
Direction Sheet No. No. & Name of Village District
North 01 76/Mayang Imphal Imphal West
Northeast 03 72/Hangul Imphal West
East 02 70/Phubakchao Imphal West
Southeast 02 70/Phubakchao Imphal West
South Keibul Lamjao National Park & Takmu Bishnupur
Southwest 02 47/Sunusiphai Bishnupur
West 03 44/Ningthoukhong Bishnupur
Northwest 04 40/Khoijuman Khunou Bishnupur
(ii) “Buffer Zone” means the remaining area of the lake excluding Core Zone area.
4. Prohibition of alienation of Loktak Lake.- No part of Loktak Lake
whatsoever standing within the Loktak Lake together with all additions thereto or
alterations thereof which may be made after the commencement of this Act, shall be
sold out or leased out or let out on hire or exchanged or mortgaged or otherwise
transferred or conveyed or allotted or converted in any form whatsoever to any
person or organization or society or agency or trust.
CHAPTER — ||
REGULATIONS OF ACCESS TO LAKE RESOURCES
5. Previous approval of the Authority. — (1) No person shall without the
previous approval of the Authority obtain any lake resources or knowledge
associated thereto for research or for commercial utilisation or for bio-survey and bio-
utilisation.
(2) No person shall, without the previous approval of the Authority, transfer the
results of any research relating to take resources.
Explanation: — For the purpose of this section, “transfer” does not include
publication of research papers or dissemination of knowledge of any seminar or
workshop it such publications are as per guidelines issued by the State Government
or Authority.
shall, by notification in the Official Gazette constitute a body to be called the Loktak
Development Authority to exercise such powers and functions conferred upon it
under this Act. The Authority shall be a body corporate by its name having a
perpetual succession and common seal and shall by the said name sue and be sued
CHAPTER —- |||
LOKTAK DEVELOPMENT AUTHORITY
6. Constitution of Loktak Development Authority:- The State Government
through its Member-Secretary.
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7. Composition of the Loktak Development Authority:-
The Authority shall consist of the following members, namely—
Secretary (Law), Government of Manipur.
Chief Minister, Manipur Chairman
Minister (Forest & Environment) Vice-Chairman
Minister (Revenue) Member
Minister (Irrigation & Flood Control) Member
Minister (Fisheries) Member
Minister (Tourism) Member
Minister (Power) Member
Member of Legislative Assembly, Nambol Assembly Constituency Member
Member of Legislative Assembly, Oinam Assembly Constituency Member
. Member of Legislative Assembly, Bishnupur Assembly Constituency Member
. Member of Legislative Assembly, Molrang Assembly Constituency Member
. Member of Legislative Assembly, Thanga Assembly Constituency Member
. Member of Legislative Assembly, Kumbi Assembly Constituency Member
. Member of Legislative Assembly Wangoi Assembly Constituency Member
. Member of Legislative Assembly Mayang Imphal Assembly Constituency Member
. Chief Secretary, Government of Manipur Member
. Addl. Chief Secretary / Principal Secretary / Commissioner / Secretary
(Forest & Environment). Government of Manipur Member
Commissioner/Secretary (Finance), Government of Manipur Member
Commissioner/Secretary (Planning), Government of Manipur Member
Commissioner/Secretary (Revenue), Government of Manipur Member
Commissioner/Secretary (Irrigation & Flood Control),
Government of Manipur Member
Commissioner/Secretary (Power). Government of Manipur Member
Commissioner/Secretary (Fisheries), Government of Manipur
Member
Member
25. Vice-Chancellor, Central Agriculture University, Manipur
or his representative
Member
26. Deputy Commissioner, Bishnupur, Government of Manipur Member
27. Deputy Commissioner, Imphal West, Government of Manipur Member
28. Chief Engineer (Irrigation & Flood Control Department)
Government of Manipur Member
29. Chief Engineer (Power), Government of Manipur Member
30. Principal Chief Conservator of Forest, Government of Manipur Member
31. Director (Tourism), Government of Manipur Member
32. Director (Fisheries), Government of Manipur Member
33. Director (Settlement), Government of Manipur Member
34. Chief Engineer, National Hydro-electric Power
Corporation Limited, Loktak Member
35. Senior Scientific Officer (Ecology & Environment),
Government of Manipur Member
36. Project Director, Loktak Development Authority Member Secretary
37. 3 (three) non Official members to be nominated by the Government
8. Terms and Conditions of Services of Non-official Members:- The terms of
office and conditions of service of the non-official member of the Authority shall be
such as may be prescribed by the State Government.
9. Resignation:— (i) A non official Member may at any time, by writing under his
hand addressed to the Chairman of the Authority, resign his office.
(ii) The Authority shall, as soon as, it is received, inform such resignation to the
State Government.
10. Removal of Members:- The State Government may remove from the Authority
any member who, in its opinion, has —
(a) been adjudged as an insolvent, or
(b) been convicted of an offence which involves moral turpitude; or
(c ) become physically or mentally incapable of acting as a member, or
(d) so abused his position as to render his continuance in office detrimental to the
public interest; or
(e) acquired such financial or other interest as is likely to affect prejudicially his
functions as a member.
11. Meetings of the Authority:-
(i) The Authority shall meet at such time and place and observe such Rules of
procedures in regard to the transaction of business at its meeting (including
the quorum at its meeting) as may be prescribed.
(ii) The Chairman of the Authority shall preside over the meetings of the
Authority.
(iii) If for any reason, the Chairman is unable to attend any meeting of the
Authority, the Vice-Chairman shall preside over the meeting.
(iv) If at a meeting, neither the Chairman nor the Vice-Chairman is present, any
member of the Authority chosen by the members present at the meeting shall
preside over meeting.
(v) All questions which come before any meeting of the Authority shall be
decided by a majority of votes of the members present and voting and in the
event of equality of votes, the Chairman or, in his absence, the person
presiding, shall have an exercise a second or casting vote.
(VI) Every member who is in any way, whether directly, indirectly or personally,
concerned or interested in a matter to be decided at the meeting shall
disclose the nature of his concern or interest and after such disclosure, the
member concerned or interested shall not attend that meeting.
(vii) No act or proceeding of the Authority shall be invalidated only by reason of :
(a) Any vacancy in, or any defect in the constitution of the Authority,
(b) Anyitrefect on the appointment of a person acting as a Member
(0) Any?rrregularity in any procedure of the Authority not effecting the merits of
the case.
12. Filling up of Vacancies:— Vacancies of non-official members of the Authority
shall be filled up by the State Government for the remaining period of the term.
13. Travelling Expenses etc:- The non official members of the Authority shall be
entitled to receive from the Loktak Lake Development Fund such travelling and sitting
allowances as may be prescribed.
14. Officers and Employee of the Authority:- (1) The State Government shall
appoint a person to be the Project Director of the Authority, possessing such
experience and qualifications as may be prescribed to exercise such powers and
perform such duties under the Authority:
(2) The Authority may, with the prior approval of the State Government, appoint
such number of other officers and other employee, on such terms and conditions
including the salaries and allowances payable thereof, as may be prescribed as it
considers necessary for the efficient discharge of its functions under this Act.
15. Authentication of orders and decisions of Authority:— All order and
decisions of the Authority shall be authenticated by the signature of the Chairman or
any other member authorized by the Chairman in this behalf and all other instrument
executed by the Authority shall be authenticated by the Member—Secretary.
16. Expenses of the Authority:- All expenses of the Authority including the
salaries and allowances payable to the officers and other employee shall be defrayed
from the Loktak Lake Development Fund created under section 25 of this Act.
CHAPTER — IV
FUNCTIONS AND POWERS OF THE AUTHORITY
17. Power and functions of the Authority:- Subject to such rules as may be
made under this Act, the powers and duties of the Authority shall be —
(a) to administer the affairs of the Loktak Lake and to protect and improve the
natural environment of lake;
(b) regulate by granting of approvals or otherwise requests for commercial
utilization or bio—survey and bio—utilisation of any lake resources; and
(c) to do such other things as may be incidental or conducive to the efficient
administration for protection and improvement of the lake.
18. Delegation of powers by the Project Director :- The Project Director, may,
with the prior approval of the Authority, by general or special order assign duties or
functions under this Act or Rules, made the under to any officer of the Authority.
19. Prohibition of the following activities within the Buffer Zone :- The
following activities are prohibited within the Buffer Zone, namely-
(i) Setting up of new industries and expansion of existing industries.
(ii) Setting up and expansion of fish processing units.
(iii) Setting up and expansion of units, mechanisms for disposal of wastes and
effluents.
(iv) Discharge of untreated wastes and effluents from industries, cities or
towns and other human settlements.
(v) Dumping of city or town waste for the purpose to land filling.
(vi) Land reclamation, bunding or disturbing the natural course of drainages,
lake water with similar obstructions except those required for control and
erosion and maintenance or cleaning of waterways.
(vii)
(viii)
Construction activities in ecologically sensitive areas as specified in the
notification, and
Dressing or altering of hills, natural features including landscape drainage
for beautification, recreational and other such purposes.
20. Prohibition of certain activities in Core Zone :— No person or occupier shall
(i)
(ii)
(iii)
(W)
(V)
(Vi)
discharge or emit any sewage or domestic waste into the lake;
plant or cultivate athaphum;
deposit or fix any stones, bamboo, log, net etc., into the lake for the
purpose of rearing fish;
build any hut or house on phumdis inside the lake.
engage in athapum-fishing in the lake;
use any fishing feeds and pesticides into the lake; except with the prior
permission of the authority constituted under this Act.
21. Power of entry and inspection :- Subject to the provisions of this Act any
persons empowered by the State Government or the Authority in this behalf shall
have right to enter, at all reasonable times with such assistance as he considers
necessary, any place;
(a)
(b)
(C)
(d)
For the purpose of performing any of the functions of the State
Government/ Authority entrusted to him;
For the purpose of determining whether and if so in what manner any
such functions are to be performed or whether any provision of this Act or
the rules made thereunder or any notice, order direction or authorization
served, made, given or granted under this Act is being of has been
complied with;
For the purpose of examining and testing any equipment, industrial, plant,
record, register, document or any other material object or for conducting a
search of any building in which he has reason to believe that an offence
under this Act or the rules made thereunder has been or is about to be
committed and for seizing any such equipment, industrial plant, record,
register, document or other material object if he has reasons to believe
punishable under this Act or the rules made thereunder or that such
seizure is necessary to prevent or mitigate environmental pollution of the
Lake;
Every person carrying on any industry, operation or process or handling
any hazardous substance shall be bound to render all assistance to the
person empowered by the State Government / Authority under this section
for carrying out the functions under that section.
CHAPTER — V
STEERING COMMITTEE AND ITS FUNCTIONS
22. Constitutions of Steering Committee:- The Authority may constitute a
Committee called Steering Committee consisting of the following members-
1. Chief Secretary; Government of Manipur Chairman
2. Addl. Chief Secretary/Principal Secretary/
Commissioner/Secretary (Forest & Environment),
Government of Manipur Member
Principal Secretary (Finance): Government of Manipur Member
Commissioner / Secretary (Planning), Government of Manipur Member
Commissioner / Secretary (Irrigation & Flood Control), Member
Government of Manipur
6. Representative of the Secretary, Ministry of Environment & Member
Forest, Government of India, New Delhi.
7. Not more than 3 (Three) Officials or consultants to be nominated Member
to the committee by a regulation of the Steering Committee
8. Project Director, Loktak Development Authority Convenor
23. Function of the Steering Committee:- Subject to such rules as may Be made
under this Act, the function of the Steering Committee shall be to —
(a) co-ordinate the activities of the concerned department at the Government
level
(b) formulate policy matters particularly financial matters for smooth
functioning of the Authority and management of the lake
(c) finalize works to be taken up
(d) facilitate timely release of fund, etc.
CHAPTER — VI
FINANCE ACCOUNTS AND AUDIT OF THE AUTHORITY
24. Grant from the state Government:- The State Government may, after due
appropriation made by the State Legislature by law in this behalf , pay to the
Authority by way of grants such sums of money as the State Government may think
fit for being utilized for the purposes of Act.
25. Loktak Lake Development Fund :- (1) The Authority shall establish a fund to
be called “Loktak Lake Development Fund” there shall be credited thereto —
10
(a) all sum money gives as grants by the State Government under section 24;
(b) Any grants or donations that may be made to the Authority by any other
person/institution including external funding agencies / Central Government
for the purposes of this Act.
(2) The Loktak Lake Development fund shall be applied for meeting any other
expenses, which are required to be met by the Authority.
26. Preparation of annual report :- The Authority shall prepare, in such form
and at such time in each Financial Year as may be prescribed, its annual report,
giving a full account of its activities during the previous financial year, and submit a
copy thereof to the State Government.
27. Maintenance of accounts and audit :- The accounts of the Authority shall
be maintained and audited in such manner as may, in consultation with the
Accountant General of the State, be prescribed and the Authority shall furnish to the
State Government before such date as may be prescribed, its audited copy of
accounts together with Auditor’s report thereon.
28. Laying of annual report and auditors report on the Table of the House :-
The State Government shall cause the Annual report and Auditor’s report to be laid
as soon as may be after they are received, before the House of State Legislature.
CHAPTER — Vll
MISCELLENOUS
29. Power of the State Government to take measures to protect and improve
the natural environment of the lake :- Subject to provisions of this Act, the State
Government shall have the power to take all such measures as it deems necessary
or expedient for the purpose of protecting and improving the natural environment of
the lake.
30. Power to give directions :- Notwithstanding anything contained in this Act,
the State Government may, in the exercise of its powers and performances of its
functions under this Act, issue such directions in writing to any person, officer or any
authority and such person, officer or authority shall be bound to comply with such
directions.
31. Right to fisheries :- The Authority may, with the approval of the State
Government and by notification in the Official Gazette, declare any part of the Lake,
to be a fishery, and no right in any fishery so declared shall be deemed to have been
acquired by any person or group of persons, either before or after the
commencement of this Act, except as provided in the rules framed under this Act.
11
32. Officers to be deemed public servants :- All persons empowered to
exercise powers and duties under this Act shall be deemed to be public servant
within the meaning of Section 21 of the Indian Penal Code, 1866 (XLV of 1860).
33. Protection of Action taken in good faith :- No suit, prosecution or other
legal proceeding shall lie against the State Government or any officer or other
employee of the State Government or the authority constituted under this Act or any
member , officer or other employee of the authority for anything which is in good faith
done or intended to be done under this Act.
34. Development under plan Scheme etc :- The Authority shall, subject to
previous sanction of the State Government, be competent to undertake and execute
plans, Scheme protection and improvement relating to or in connection with the
matter to be financed wholly or partly by the State Government or any other funding
Agency.
35.Genera| superintendence and direction of this State Government :-
(1) Notwithstanding any other provisions of this Act, the State Government shall
have superintendence, and direction and control over the Authority in relation to the
affairs and maintenance of the Lake.
(2) The Forest and Environment Department of the Government of Manipur shall
be Nodal Department.
36. Non-application of the Act :- The provisions of this Act shall not apply to the
Department of Power, State Government of Manipur dealing with electricity
generation in pursuance of any Memorandum of Agreement or similar agreement
entered into between the Department of Power and the National Hydro-electric
Power Corporation Limited or any similar establishment.
37. Powers of State Government to make rules :- (1) The State Government
may, by notification in the Official Gazette, make rule for carrying out the purposes of
this Act.
'(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for —
(a) all matters expressly required or allowed by this rules;
(b) any other matter which is required to be or may be prescribed.
(3) Every rule made under this Act by the State Government shall be laid as
soon as may be after it is made, before the House of Manipur Legislative Assembly,
while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and it, before the expiry of the
session immediately following the session or the successive sessions aforesaid, the
House agrees in making any modification in the rule, or the House agrees that the
12
rule should not be made, the rule or bye-law shall thereafter only in such modified
form or be of no effect, as the case may be, so however that any such modification or
annual meet shall be without prejudice to the validity anything previously done under
that rule.
38. Power to remove difficulties :- (1) If any difficulty arises in giving effect to
the provisions of this Act, the State Government may by order published in the
Official Gazette, make such provision not inconsistent with the provisions of this Act
as appear to it to be necessary or expedient for removing the difficulty. Provided that
no such orders shall be made after the expiry of a period of two years from the
commencement of this Act.
(2) Every order under this section shall, as soon as may be after it is made, be
laid before the Manipur Legislative Assembly.
39. Savings, etc :- The existing Loktak Development Authority registered under
the Manipur Societies Registration Act, 1989 (Manipur Act No. 1 of 1990) shall cased
to exist immediately after the commencement of this Act. However, anything done or
any action taken by the Society shall be deemed to have been done or taken under
this Act and the Project Director, Loktak Development Authority constituted under the
society including the officers and employees shall, in so far as its functions are not
inconsistent with the provision of this Act, continue to function as if it was constituted
under this Act.
(a) all actions done and decisions taken by the existing Loktak Development
Authority insofar as such actions and decisions are relatable to the functions
of the Loktak Development Authority constituted under this Act shall be
deemed to have been taken by the Loktak Development Authority constituted
under this Act.
(b) all proceedings pending before the existing Loktak Development Authority
insofar as such proceeding relate to the functions of the Loktak Development
Authority, shall be deemed to have been transferred to the newly constituted
Loktak Development Authority and shall be dealt with in accordance the
provisions of this Act.
(c) all assets and liabilities of the existing Loktak Development Authority be
transferred to the newly constituted Loktak Development Authority.
TH. KAMlNl KUMAR SINGH
Deputy Secretary (Law)
Government of Manipur.

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