The Meghalaya Protection of Catchment Areas Act ,1990 Act No.4 1992

MEGHALAYA ACT NO. 4 OF 1992 
THE MEGHALAYA PROTECTION OF CATCHMENT AREAS ACT, 1990 
            (As passed by the Meghalaya Legislative Assembly) 
[Received the assent of the Governor on the 27th April, 1992] 
(Published in the Gazette of Meghalaya, Extra-ordinary Issue, dated 27th April, 1992) 
An 
Act 
To provide for the protection of catchment areas with a view to preserve water sources and to 
make provisions for matter connected therewith.  
 WHEREAS, water is so vital to human life and community; 
 AND, WHEREAS, water sources in the hill areas are dwindling due to denudation of 
and inconsistent activities in the catchment areas. 
 AND, WHEREAS, it has become necessary to take regulatory measures to protect 
and improve the environment and the catchment areas and thereby preserve the water sources 
therein and augment the yield of water from such sources, streams and rivulets; 
 BE, it enacted by the Legislature of the State of Meghalaya in Forty -first year of the 
Republic of India as follows:- 
Short title, extent and 
commencement,  Catchment Areas Act, 1990. 
  (2)  It extends to the whole of the State. 
  (3)  It shall come into force on such date as Government 
  may by notification appoint. 
   
Definitions  2 In this Act unless there is anything repugnant in the 
subject or context- 
 
(a) ‘Act’ means the Meghalaya Protection of Catchment 
Areas Act, 1990; 
(b) ‘Advisory Board’ means the Catchment Areas 
Advisory Board constituted under section 3;  
(c) ‘Catchment area’ means as area where springs 
streams, rivulets and water sources originate and serve 
as a potential source of perential flow of water;  
 
1 (1) This Act may be called the Meghalaya protection of 
 
 
  (d)  ‘Critical catchment area’ means the area from where 
  springs, streams, rivul ets and water heads originate 
  and serve or can potentially serve the wat er supply 
  system of any village or town or a group of them and 
  the preservation of which is so vital for the life and 
  health of the community; 
  (e) ‘Competent Authority’ means the competent authority 
  appointed under section 12; 
  (f) ‘Government’ means the Government of the State of 
  Meghalaya; 
  (g)  ‘Land owner’ means a proprietor or patta holder and 
  includes a person having interest in the land under this 
  Act; 
   
  Explanation: ‘land’ for the purpose of this Act           
                         includes trees, buildings and standing                
                         crops on it  
  (h)  ‘measures’ means the measures specified in section 6; 
  (i) ‘non-critical catchment area’ means a catchment area 
  which is not a critical catchment area; 
  (j) ‘notification’ means notification by Government 
  published in the Gazette of Meghalaya; 
  (k)  ‘prescribed’ means prescribed by rule made under this 
  Act; 
  (l) ‘section’ means a section of the Act 
   
Constitution of a 3 (1)  There shall be constituted a Board to be known as the 
Catchment Area Meghalaya Catchment Areas Advisory Board to 
Advisory Board. advise the Government on matter connected with the 
catchment areas and their protection; 
(2) The Advisory Board shall consist of the following 
members: namely:- 
 
(a) The special Secretary/Secretary, Forest and 
Environment Department of the Government as 
Chairman; 
(b) The Chief Conservation of Forest; 
(c) The Director of Soil Conservation; 
(d) The Director of Agriculture; 
(e) The Chief Public Health Engineer; 
(f) The Director of Health Services; 
(g) The Director of Mineral Resources; 
(h) The Director of Urban Development; 
(i) The Chief Executive Officer/Chairman of the 
Municipality concerned; 
 
 
 
  (j) The Chief Executive members of the Autonomous 
  District Councils of their representatives on where 
  there are no Chief Executive members by reasons 
  of the functions of the District Councils having 
  been taken over by the Governor of Meghalaya, 
  the respective administrators appointed by him to 
  administer the functions of the Council; 
  (k)  Non-official members to be nominated by 
  Government from time to time; and 
  (l) Environment experts to be nominated by 
  Government from time to time. 
  (3)  The Board may if it thinks necessary co -opt any 
  person or functionality in any of its sitting to resolve 
  any parti cular issue or issues.  
   
Functions of the 4 (1)  The functions of the Advisory Board shall be to advise 
Advisory Board   Government on- 
   
  (a) The declaration of any area as catchment area; 
  (b)  The preservation and protection of catchment 
  areas, streams, rivul ets, water sources an on 
  measures to be adopted thereof; 
  (c) The appropriate method of management of 
  catchment areas vis-a-vis the activities customarily 
  practiced in such areas; 
  (d)  Whether payment of any amount in any form is 
  called for, for the tress and other cultivation but 
  not for the land; 
  (e) The basis, terms and conditions of the agreement 
  to be made with the land owners after negotiation 
  with them for the purpose; and  
  (f) On such other matter connected with the 
  improvement and augmentation of yield of water 
  from sources therein. 
  (2)  The Advisory Board shall meet  as often as may be 
  necessary but not less than twice in a calendar year. 
   
Declaration of an area 5 (1)  Government may on the advice of the Advisory Board 
as catchment area. and on receipt of the consent of land owners in writing 
in the form to be prescribed for this purpose and 
whose terms and conditions are binding on the parties 
concerned by notification, declare an are to be a 
catchment area. 
(2) A catchment area to be declared under sub -section (2) 
may be either a critical catchment area or a non-critical 
catchment area. 
 
Measures for protection 6 (1)  On the declaration of an area as catchment area under 
of catchment areas.  section 5 Government shall have the power to take 
  s uch measures as it deems necessary or expedient for 
  the purpose of protecting the catchment area. 
  (2)  In particular and without prejudice to the generality of 
  the provisions of sub- section (1) such measures may 
  include all or any of the following matters, name ly- 
   
  (a) Planting or advising the planting of trees and the 
  taking of other steps to regenerate the forests; 
  (b)  Testing of the soil samples; 
  (c) In the case of a critical catchment area, prohibiting 
  therein or within a distance not exceeding two 
  hundred metres from the periphery thereof- 
  (i) The felling of trees, destruction or 
  clearance of groves, bushes or any 
  vegetative cover; 
  (ii) Jhumming or cultivation or use of any 
  insecticide or pesticide; 
  (iii) Quarrying of sand or stone; 
  (iv) Excavation of earth; 
  (v) The carrying of any activity which in the 
  opinion is likely to damage the prings, 
  treams rivulets or water scures in the area. 
  (d)  In the case of non- critical catchment areas 
  prohibiting therein or within such distance not 
  exceeding one hundred metres from the periphery 
  thereof any activity  of the nature specified in 
  clause (c) without permission of and subject to 
  such conditions as the competent authority may 
  think fit to impose. 
   
Guidelines for the 7 In granting or refusing to grant permission under clause 
competent authority in (d) of sub- section (2) section 6 the competent authori ty 
dealing with shall while dealing with application consider:- 
applications   
(a) The nature of activity and the period the applicant for 
the permission has been carrying on such an activity in 
the area; 
(b) Whether the activity is likely to cause damage to the 
catchment area the springs, streams, rivulets and water 
sources therein and if so the extent thereof; and 
(c) Whether by not granting any permission, improvement 
of the catchment area is more likely to be achieved. 
 
 
Previous publication of 
notice and  contemplated in sub- section (2) of section 6 it shall 
consideration of  publish a previous notice of its intention to do so in a 
abjections   manner as may be prescribed inviting objections from 
  persons likely to be affected  by the measures 
  proposed.  
  (2)  If after consideration of objections received under sub-
  section (1) Government decides to take any of the 
  measures contemplated in sub -section (2) of section 6 
  the same shall be notified in a manner as may be 
  prescribed. 
   
Prohibition of activities 9 On the measures being so notified under sub-section (2) of 
in catchment area.  section 8 no person shall undertake or carry on, in the 
  critical catchment area, any activity which is so prohibited 
  and, in the non- critical catchment area, any activity 
  without the permission of the competent authority or 
  otherwise than in accordance with such permission.  
   
Power of entry to 10 Any member of the Advisory Board or person empowered 
inspect and verify.   by the Government in this behalf shall have the right to 
  enter at any reasonable time, with such assistance as he 
  considers necessary, upon any land declared as catchment 
  area including the extent thereof as referred to in clause 
  (c) and (d) of sub- section (2) of section 6, to inspect and 
  verify the activities, if any, or in connection with any 
  function under this Act or rules made there under and 
  every person claiming to be the owner, occupier or 
  otherwise of  the land shall be bound to render all 
  assistance and if he fails to do or if he wilfully delays or 
  obstruct such member or person he shall be guilty of an 
  offence under this Act.  
   
Offences  11 Whoever contravenes the provisions of section 9 or of 
  section 10 shall for  the first offence be punishable with 
  fine which may extend to rupees two thousand and, in 
  case of continuing offence, of rupees two hundred for each 
  day the offence continues and for any subsequent offence 
  with imprisonment for a term which may extend to six 
  months with or without fines.  
   
Competent Authority  12 Special Secretary/Secretary Forest and Environment 
Department shall be the Competent Authority for the 
purpose of this Act, and Government may by notification 
appoint any other competent authority for the purpose of 
this Act. 
8 (1) Where Government proposes to take any measure 
 
Complaint  13 No Court shall take cognizance of any offence under this 
  Act except on a complaint made by the competent 
  authority  
   
Bar on suits in civil 14 No suit shall be in any civil court to set aside or modify 
courts.   any order passed by Government or by the competent 
  authority under this Act or the rules framed there under. 
   
Appeal  15 Any person aggrieved by the order of Government to 
  declare an area as a catchment area or to take any measure 
  as contemplated in the Act or by any orders of the 
  competent authority may within forty- five days from the 
  date of notification make an appeal to the Meghalaya 
  Board of Revenue and its order on the appeal shall be 
  final.  
   
Effect on other laws  16 The provisions of this Act shall be in addition to and not 
  in derogation of the provisions of any other law for the 
  time being in force.  
   
Power to make rules  17 (1)  The Government may by notification make rules to 
carry out purposes of this Act.  
(2) Without prejudice to the generality of the foregoing 
power such rules may provide for all or any of the 
following matters, viz. 
 
(a) The manner and method of functioning of the 
Advisory Board 
(b) Fees, if any, to be paid to non- official members 
and other persons connected with the functions of 
the Board; 
(c) The form and manner of application for permission 
to carry on any activity in non- critical catchment 
areas; 
(d) The guidelines for the competent authority to deal 
with applications for permission, subject to 
provisions of section 7; 
(e) The form and manner  of notification to be issued 
under sub -section (2) of section 8 regarding 
measures to be taken; 
(f) From and manner of issuing notice for entry upon 
any land for inspection and verification under 
section 10; 
(g) The authorities and nodal agency to implement and 
monitor the implementation of the Act; 
(h) Supply or collection of information and data; and 
(i) Any other matter that is required to be prescribed 
for the purpose of this Act.  

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