LexThe Telangana Water, Land and Trees Act, 2002.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA WATER, LAND AND TREES ACT, 2002.
(ACT NO. 10 OF 2002)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - 1
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - 2
CONSTITUTION OF TELANGANA WATER, LAND AND
TREES AUTHORITY
3. Constitution of Water, Land and Trees Authority.
4. Meetings of the Authority.
5. Officers and servants.
6. Functions of the Authority.
7. Delegation of powers.
CHAPTER - 3
GROUND WATER PROTECTION MEASURES
8. Registration of wells.
9. Prohibition of water pumping in certain areas.
10. Permission for well sinking near drinking water source.
11. Over Exploited areas.
12. Protection of public drinking water sources.
13. Distance and depth for sinking of wells.
14. Registration of drilling rigs.
15. Closure of wells.
2 [Act No. 10 of 2002]
16. Compensation for closed wells.
17. Rain water harvesting structures.
18. Re-use of water.
19. Prohibition of water contamination.
CHAPTER - 4
SURFACE WATER PROTECTION MEASURES
20. Land use and water quality.
21. Water use in watersheds.
22. Optimum use of surface and ground water.
23. Protection of lakes, ponds and tanks.
24. Ceiling on water usage.
25. Power to designate.
26. Protection from breaches.
27. Sand mining.
CHAPTER - 5
TREES
28. Tree plantation in urban areas.
29. Protection of trees.
30. Tree plantations by Government departments etc.
31. Sheep and goat farming.
32. Tree protection in fringe areas.
CHAPTER - 6
MISCELLANEOUS
33. Appeals.
34. Protection of action taken in good faith.
35. Penalties.
[Act No. 10 of 2002] 3
36. Service of notices.
37. Compounding of offences.
38. Seizure of property liable of confiscation.
39. Overriding effect.
40. Exemptions.
41. The Fund.
42. Budget.
43. Accounts and Audit.
44. Powers to remove doubts and difficulties.
45. Power to make rules.
46. Repeal of Ordinance.
47. Repeal of Act.
THE TELANGANA WATER, LAND AND TREES ACT, 2002.1
ACT No.10 OF 2002.
CHAPTER - 1
PRELIMINARY
1. (1) This Act may be called the 2Telangana Water, Land
and Trees Act, 2002.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(1) ‘Authority’ means the 2Telangana State Water, Land
and Trees Authority constituted under section 3;
(2) ‘Designated Officer’ means an officer or any person
so designated by the Authority to perfor m the functions,
under the Act;
(3) ‘Government’ means the State Government of
2Telangana;
(4) ‘Ground water’ means water existing in an aquifer
below the surface of the ground at any particular location of
1. The Andhra Pradesh Water, Land and Trees Act, 2002 received the
assent of the Governor on the 18 th April, 2002. The said Act in force in
the combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.18, Panchayat Raj & Rural Development (RD.II) Department,
dated 31.01.2015.
2. Substituted by G.O.Ms.No.18, Panchayat Raj & Rural Development
(RD.II) Department, dated 31.01.2015.
Short title, extent
and
commencement.
Definitions.
2 [Act No.10 of 2002]
the local area regardless of the geological structure in which
it is stationery or moving and includes all ground water
reservoirs;
(5) ‘Ground water basin’ means an area confined within
such geological boundaries which will act as water divides
and identified and notified by the Authority;
(6) ‘Industry’ means an activity wherein goods are
produced by physical or chemical processes;
(7) ‘Landscape’ includes all forms of trees, shrubs,
grasses planted and water bod ies to enhance aesthetic
value;
(8) ‘Notification’ means a notification published in the
3Telangana Gazette and the word ‘notified’ shall be
construed accordingly;
(9) ‘Over exploited basin’ means a ground water basin
so declared by the Authority on the advic e of the technical
expert who duly consider the quantum and pattern of
rainfall, degree of extraction of ground water and any other
relevant factor while advising the Authority;
(10) ‘Prescribed’ means prescribed by rules mad e
under this Act;
(11) ‘Preservation of trees’ includes planting of new
trees and transplanting trees to oth er sites, including
protection measures such as fence, tree guards etc;
(12) ‘Public drinking water source’ means a well, from
which the Government or any local authority or such other
3. Substituted by G.O.Ms.No.18, Panchayat Raj & Rural Development
(RD.II) Department, dated 31.01.2015.
[Act No.10 of 2002] 3
authority as the Government may by notification specify,
provides water to the public and includes such well or any
other drinking water source as ma y be notified by the
Authority;
(13) ‘Public water supply system’ means the structures
relating to a public drinking water source, including
conveying pipeline, storage reservoir, stand post, cistern,
hand pump, power pump and all other materials connected
thereto through which water is supplied for drinking
purpose;
(14) ‘Sink’ with all its grammatical variations and
cognate expressions in relation to a well includes any
drilling, boring or digging of a new well or deepening carried
out to an existing well;
(15) ‘State’ means the State of 4Telangana;
(16) ‘Surface water’ means water occurring on the land
surface in ponds, lakes, streams and rivers;
(17) ‘Technical Officer’ means a subject specialist so
designated by the Authority to gi ve advice on technical
matters;
(18) ‘To fell a tree’ includes burning, cutting, debarking,
girdling and release of harmful chemicals and such other
operations which cause damage to any part of the tree;
(19) ‘Tree’ means any woody plant, whose branches
spring from and are supported upon a trunk or body and
whose trunk or body is not less than 5.5 cm. in diameter and
is not less than one metre in height from the ground level
4. Substituted by G.O.Ms.No.18, Panchayat Raj & Rural Development
(RD.II) Department, dated 31.01.2015.
4 [Act No.10 of 2002]
and includes young saplings and seedlings et c., which are
planted at sites;
(20) ‘Urban Area’ means a development area declared
as such under the 5Telangana Urban Areas (Development)
Act, 1975 or a Municipal Corporation constituted under the
6Telangana Municipal Corporations Act, 1994 or the 7Greater
Hyderabad Municipal Corporation Act, 1955 or a
Municipality or a notified area committee constituted under
the 8Telangana Municipalities Act, 1965 and includes such
town or village or area declared to be an Urban area for the
purpose of this Act, by a notification, by the Government;
(21) ‘Water shed’ means an area confined within the
topographic water divide line as identified and notified by
the authority from time to time for the purposes of this Act;
(22) ‘Well’ means a well sunk for the search and
extraction of ground water and includes a dug we ll, bore
well, dug-cum-bore well, tube well and filter point;
(23) Words and expressions used in this Act, but not
defined herein shall have the meanings assigned to them in
the relevant Acts.
5. Adapted by G.O.Ms.No.148, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
6. Adapted by G.O. Ms.No.143, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
7. Adapted by Act No.13 of 2008.
8. Adapted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
[Act No.10 of 2002] 5
CHAPTER - 2
CONSTITUTION OF 9TELANGANA WATER, LAND AND
TREES AUTHORITY
3. (1) As soon as may be after this Act is brought into
force the Government shall, by notification with effect from
such date as may be specified therein constitute an
authority called the Telangana State Water, Land and Trees
Authority.
(2) The Authority shall consist of,-
(a) Minister, Panchayat Raj, Rural
Development and Rural Water
Supply or any other Minister ,
nominated by the Chief Minister.
Ex-Officio
Chairperson
(b) Three M embers of the State
Legislative Assembly, nominated
by the Government out of which
one shall be from the main
opposition political party.
Ex-Officio
Members
(c) Chief Secretary to the
Government.
Vice-
Chairperson
(d) Secretary to the Government in
charge of Agriculture.
Ex-Officio
Member
(e) Secretary to the Government in
charge of Irrigation and
Command Area Development.
Ex-Officio
Member
(f) Secretary to the Government in
charge of Municipal
Administration.
Ex-Officio
Member
9. Substituted by G.O.M s.No.18, Panchayat Raj & Rural Development
(RD.II) Department, dated 31.01.2015.
Constitution of
Water, Land and
Trees Authority.
6 [Act No.10 of 2002]
(g) Secretary to the Government in
charge of Rural Water Supply.
Ex-Officio
Member
(h) Secretary to the Government in
charge of Panchayat Raj.
Ex-Officio
Member
(i) Secretary to the Government in
charge of Environment, Forests,
Science and Technology
Department.
Ex-Officio
Member
(j) Vice Chancellor, 10Professor
Jayashankar Telangana State
Agricultural University.
Ex-Officio
Member
(k) Three Professors of whom one
each from the faculties of Life
Sciences, Earth Sciences and
Engineering and Technology
from the Universities in the State
nominated by the Government
for a two year term by rotation.
Members
(l) Three experts in the field of water
and soil conservation and
economics nominated by the
Government.
Members
(m) Such other non -official persons
not exceeding five in number
who, in the opinion of the
Government are interested in the
conservation of natural
resources of whom one each
shall be from the Scheduled
Tribes, Scheduled Castes and
Woman respectively.
Members
10. Substituted by G.O.Ms.No.9, Agriculture and Co -operation (Agri.III)
Department, dated 05.08.2014.
[Act No.10 of 2002] 7
(n) Secretary to the Government in
charge of Rural Development.
Ex-Officio
Member
Secretary
(3) The term of office of the nominated members
except those nominated under clause (k) of sub -section (2)
shall be such as may be prescribed.
(4) The members shall be entitled to such allowances
as may be prescribed for attending the meetings of the
authority or performing duties entrusted by the authority.
(5) The Government, may in consultation with the State
Authority, constitute by notification, authorities at 11[District,
Division and Mandal levels] w ith such composition and to
perform such functions in su ch manner as may be
prescribed.
(6) The A uthority constituted under sub -section (1)
shall be a body corporate having perpetual succession and
a common seal, with power to contract, acquire, hold and
dispose of property, both movable and immovable and to
do all things necessary for the purposes of this Act and may
sue and be sued by the said name.
4. (1) The Authority shall meet at least once in three
months at such place and time as the Chairman may
decide.
(2) The quorum to constitute a meeting of the authority
shall be one third of the total number of members.
(3) Save as otherwise expressly provided by or under
this Act, the procedure for the conduct of busine ss at the
11. Substituted by Act No.6 of 2004.
Meetings of the
Authority.
8 [Act No.10 of 2002]
meetings of the authority shall be such as may be
prescribed.
5. (1) The authority may designate such persons as
designated officers for the purposes of this Act in such
manner and for such areas as may be prescribed.
(2) The authority may, from time to time, appoint such
other officers and servants subordinate to the designated
officer, as may be required by way of deputation from
Government departments, or from Universities or on
contract basis.
(3) The authority may also appoint such other officers
to assist the State Authority in such manner and for such
purposes as may be prescribed.
(4) The con ditions of appointment, service and the
powers and duties of such officers shall be such as may be
determined by the Authority.
6. Subject to any special or general directions by the
Government in this behalf, the Authority shall perform the
following functions, namely:-
(a) promote water conservation and enhancement of
tree cover in the State;
(b) regulate the exploitation of ground and surface
water in the State;
(c) make regulations for the functioning of the
authorities at 12[District, Division and Mandal level ]
constituted under the Act;
12. Substituted by Act No.6 of 2004.
Officers and
servants.
Functions of the
Authority.
[Act No.10 of 2002] 9
(d) advise the Government on the legislative and
administrative measures to be taken from time to time for
the conservation of natural resources;
(e) advise on economic measures to be taken by the
Government as incentives or disincentives relating to taxes,
levies, fees or other charges to promote cons ervation of
natural resources;
(f) advise on strengthening public participation in
conservation of natural resources from time to time in such
a way that equity in access to water in differe nt basins, sub-
basins and regions in the State is maintained;
(g) advise on any other matter that may be referred to it
by the Government; and
(h) advise the Government on the con stitution and
functions of the 13[District, Division and Mandal L evel]
Authorities.
7. The Authority may deleg ate any of their powers to the
13[District level, Division level and Mandal level] authorities
or any Department or Officer of the Government or Local
Bodies for the purpose of carrying out the provisions of this
Act.
CHAPTER - 3
GROUND WATER PROTECTION MEASURES
8. (1) All ground water resources in the State shall be
regulated by the Authority, subject to any general or special
directions issued in this behalf by the Government.
13. Substituted by Act No.6 of 2004.
Registration of
wells.
Delegation of
powers.
10 [Act No.10 of 2002]
(2) On and from the date of commencement of this Act,
the owners of all the wells including those which are not
fitted with power driven pumps and water bodies in the
State, shall register their wells/water bodies with the
Authority in such manner as may be prescribed.
9. (1) The Designated Officer, with the approval of the
Authority, may prohibit water pumping by individuals,
groups of individuals or private organizations in any
particular area, if in his view such water pumping in such
area is likely to cause damage to the level of ground water
or cause deterioration or damage to natural resources or
environment for a period of not more than six months which
after review may be extended for a further perio d of not
more than six months at a time:
Provided that no well shall be sunk in such areas as
may be prescribed.
(2) The Authority may issue directions to T STRANSCO
not to raise and collect electricity bills during stoppage of
pumping of water in pursuance of order issued under sub -
section (1) thereof.
10. (1) Notwithstanding anything contained in any law for
the time being in force and having regard to the interests of
the general public to have the supply of requisite quantity of
water for drinking purposes from the public drinking water
source, no person subject to sub -section (2) shall sink any
well in the vicinity of a public drinking water source within a
distance of two hundred and fifty meters in areas other than
the areas covered under section 9 and sub -section (1) of
section 11 thereof:
Provided t hat sinking of any well for public drinking
purpose and hand pump for public or private drinking water
purpose shall be exempted under this section.
Prohibition of
water pumping in
certain areas.
Permission for
well sinking near
drinking water
source.
[Act No.10 of 2002] 11
(2) Any person, who intends to sink a well for purpose
of irrigation or drinking or for any other purpose within a
distance as specified under sub -section (1) of a public
drinking water source, shall apply for permission to the
Authority in such manner and on payment of such fee as
may be prescribed:
Provided that in respect of sinking a well for the
purpose of irrigation or drinking or for any other purpose
and if such source is intended to be used with a power
driven pump, the person shall also obtain prior permission
of the T STRANSCO constituted under section 13 of 14the
Telangana Electricity Reform Act, 1998 in su ch manner as
may be prescribed.
(3) The Authority within forty five days of receipt of an
application under sub-section (2), may, on the advice of the
Technical Officer, for reasons to be recorded in writing,
grant perm ission for the sinking of a well for irrigation or
drinking water purpose, if it is satisfied that such sinking
shall not adversely affect the public drinking water source or
refuse to grant permission if such sinking affects such
source adversely.
(4) E very permission granted under sub -section (3)
shall be subject to the condition that the authority may for
the reasons to be recorded in writing, by order, prohibit,
restrict or regulate from time to time the extraction of water
from such well if in its op inion it is necessary so to do in the
public interest and also such other conditions and
restrictions as may be prescribed.
11. (1) The Authority may on the advic e of the technical
expert, declare a particular ground water basin as over
exploited for a period of not more than six months which,
14. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Over Exploited
areas.
Act 30 of 1998.
12 [Act No.10 of 2002]
after review, may be extended for a further period of not
more than six months at a time.
(2) For the purpose of sub -section (1), the technical
officer shall take into consideration the quantum and pattern
of rainfall, degree of extraction of ground water and any
other relevant factor while advising the Authority.
(3) On and from the date of suc h declaration under
sub-section (1), no well shall be sunk in such areas except
wells sunk for public drinking purposes or hand pump for
public or private drinking water purpose.
(4) The authority may issue guidelines for improving
the ground water by su itable measures in such over
exploited ground water basins as declared under sub -
section (1) and such guidelines shall be followed by each
individual or group of individuals or institution or
organization or Government department or local bod y
concerned as the case may be.
(5) The Authority may review from time to time the
ground water and results achieved after taking the
measures under sub -section (4) and it may revoke the
declaration of over exploited basins as made under sub -
section (1) and permit sin king of wells duly specifying the
number of wells to be sunk, depth of the well, distance
between two adjoining wells and other conditions as
deemed fit after satisfying itself that such sinking shall not
adversely affect the public drinking water source.
12. (1) Notwithstanding anything contained in any law for
the time being in force the Authority may, on the advice of
the Technical Officer, that any existing well is found to be
adversely affecting any public drinking water source, after
giving the owner a reasonable opportunity of being heard by
an order, prohibit the extraction of water for commercial,
Protection of
public drinking
water sources.
[Act No.10 of 2002] 13
industrial, irrigation or any other purposes from such well for
a period of not more than six months which after review may
be extended for a further period of not more than six months
at a time:
Provided that irrigation well with standing crop shall be
taken as last priority for such purpose.
(2) Notwithstanding anything contained in any law for
the time being in force and in any other provisions of this
Act, the Authority, on the advice of the Technical Officer that
any existing well is found to be adversely affecting any
public drinking water source and if such source cannot be
adequately protected by action under sub -section (1) may
after giving the owner of such well a reasonable opportunity
of being heard, by an order require him to stop the
extraction of water and close or seal off such well forthwith
either temporarily or permanently.
(3) Whenever it is necessary to make an inquiry or
examination in connection with the protection of a public
drinking water source or with the maintenance of a public
water supply system, the Authority or any officer duly
authorised by it in this behalf may after giving prior notice to
the owner or occupier of any land:-
(a) enter upon such land as he may think necessary
for the said purpose;
(b) undertake surveys or take water levels;
(c) conduct pumping tests and geophysical surveys;
(d) conduct well logging on the bore;
(e) install and maintain water levels recorded and
water gauges on the well; and
14 [Act No.10 of 2002]
(f) do all such other things as may be necessary for
pursuing such inquiry and examination.
(4) Notwithstanding anything contained in sub-sections
(1), (2) and (3), the Authority may on the advice of the
Technical Officer in any urban area, issue an order,-
(a) prohibiting extraction of water for sale from an
over exploited water source or aquifer or residential areas or
in the recharge zones of residential areas depleting the
public or private water sources and affecting the supply of
water for domestic usage;
(b) prohibiting the draw al of the ground water within
the premises of multi -storied buildings for sale of water
outside the premises of such multi-storied building.
(5) The Authority may, on the consideration of the
availability of drinking water, command any existing well in
order to ensure supply of drinking water to the local
population. For this purpose the Authority may take over the
well for such period as deemed necessary subjec t to such
conditions as the Authority may prescribe.
(6) The Authority may issue directions to the concerned
including local bodies for preventing wastage of water from
the public water supply system o r public drinking water
source.
(7) The Authority m ay issue directions by general or
specific order to T STRANSCO not to raise and collect
electricity bills during stoppage of pumping of water in
pursuance of order issued under this section.
13. In order to curb unhealthy competition to tap water
from deeper layers of ground water and to maintain ground
water, the Authority may issue directions specifying the
Distance and
depth for sinking
of wells.
[Act No.10 of 2002] 15
distance for sinking of wells from the existing well and depth
for such sinking and such other conditions in areas other
than overexploited ground water basins as declared under
sub-section (1) of section 11, areas declared under section
9 and near drinking water sources as specified under sub -
section (1) of section 10.
14. (1) Every rig owner shall register his machinery with the
Authority in such manner and on payment of such fee as
may be prescribed.
(2) Every rig owner or operator shall follow the
instructions issued by the Authority from time to time.
15[(3) In respect of Agricultural Lands for irrigation
purpose every rig owner or operator shall obtain a feasibility
certificate regarding availability of water in the selected site
from the Ground Water Department or from the experts
registered with the Ground Water Department. The rig
owner or operator shall also insure the proposed bore well
before taking up of the drill ing work so that no financial
burden falls on the farmer in the case of failure of water in
the bore well.]
15. (1) Wherever it appears to the Authority that any well
has been sunk or is being sunk or water has been extracted
or is being extracted in contravention of any of the
provisions of this Act, the Authority or any officer duly
authorised by it in this behalf , may enter upon that land,
remove obstruction, if any, close the pumping of the water,
disconnect the power supply, seize any material or
equipment used in connection with such extraction of water
and take any such action, as may be required to stop such
extraction and may by order require the owner or the person
in possession of the well to close or seal off the well at his
15. Added by Act No.6 of 2004.
Registration of
drilling rigs.
Closure of wells.
16 [Act No.10 of 2002]
expense and in such manner as the Authority may specify in
such order and such owner or person shall comply with
such order.
(2) Wh ere such owner or person fails to comply with
any order made under sub -section (1), the Authority may
after giving such owner or person due notice in that behalf
enter upon the land and close or seal off the well and the
cost incurred thereof shall be reco verable from such owner
or person as arrears of land revenue.
16. Where an order of permanently closing down or
sealing off the well, which is giving substantial yield and
which is really useful for irrigating any land or for an
industrial use, is made under sub -section (1) or sub-section
(2) or sub -section (5) of section 12, the Authority may on
making such enquiry and requiring the owner to produce
such evidence as he may deem necessary, make an order
for payment of compensation which shall not be less than
the market value of the well including the other e xpenditure
incurred like energisation thereon and structure thereon and
standing crop at the time of making such an order and with
regard to the determination of compensation for the well
situated in a land acquired shall apply the provisions of 16the
Land Acquisition Act, 1894 in determining the market value
of the well under this section:
Provided that, where an order under sub -section (1) or
sub-section (2) or sub -section (5) of section 12, relates to
temporarily closing down or sealing off a well, wate r from
which is used for the irrigated crops, standing at the time of
making such an order, compensation for such crops shall
be payable under this section:
16. Please see now the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act
30 of 2013).
Compensation for
closed wells.
Central Act 1 of 1894.
[Act No.10 of 2002] 17
Provided further that where by virtue of an order made
under sub-section (1) or sub-section (2) or sub-section (5) of
section 12, any well which is permanently closed or sealed
off for any reason whatsoever, allowed to be opened for
extracting water therefrom and any subsequent order made
for permanently closing down or sealing off such well again
shall not entitle the owner thereof, to claim compensation to
such well:
Provided also that compensation shall not be paid in
such cases of temporary or permanent closure of wells in
pursuance of order passed under section 15.
17. (1) To improve the ground water resources, by
harvesting and recharge, the Authority may issue guidelines
for constructing appropriate rainwater -harvesting structures
in all residential, commercial and other premises and open
spaces having an area of not less than 200 square meters in
the manner prescribed within stipulated period failing which
the authority may get such rain water harvesting structure
constructed and recover the cost incurred along with a
penalty as may be prescribed.
(2) Notwithstanding anything contained in the relevant
laws the Municipal Corporation or Municipality or any other
local Authority as the case may be, shall impose a condition
for providing appropriate rain water harvesting structure and
or roof top harvesti ng structures in the building plans in an
area of not less than two hundred square meters, while
according approval for construction and permanent water
and electricity connection shall be extended only after
compliance of the directions given in this regard.
(3) The Authority may issue guidelines to Municipal
Corporations or Municipalities or any other local authorities
in the State for providing incentives for constructing roof top
harvesting structure.
Rain water
harvesting
structures.
18 [Act No.10 of 2002]
18. The Authority may formulate guidelines including
suitable incentives for recycling and reuse of waste water by
industrial, commercial users and local bodies and in the
event of non -feasibility in the opinion of the Authority to
install suit able recycling and reuse system , t he Authori ty
may levy appropriate charges:
Provided that the Technical Officer may suggest
appropriate measures for this purpose, which shall be
adopted by the industry, commercial unit and local bodies
concerned.
19. (1) No ground water resources shall be contaminated
in any manner by anybody including industrial, local bodies
and aquaculture waste disposal.
(2) Direct disposal of waste waters into the aquifers, is
prohibited.
CHAPTER – 4
SURFACE WATER PROTECTION MEASURES
20. The Authority or any designated officer may direct the
occupier of any land that land use shall be modified if the
quality of the water coming from the land is not of
acceptable quality compared to the prescribed standards.
21. (1) To ensure that land and water use in the
watersheds shall be conducive for efficient utilization of
these resources as well as ground water recharge, the
watershed committees shall adopt the measur es as
suggested by the officer concerned and the members of
watershed committees shall be trained by the officer
concerned and the members so trained shall in turn train the
other farmers prior to signing of t he Memorandum of
Understanding.
Re-use of water.
Prohibition of
water
contamination.
Land use and
water quality.
Water use in
watersheds.
[Act No.10 of 2002] 19
(2) The officer concerned shall have the power to
determine and recover investments made hereafter by way
of fresh sanctions by the Government in the watersheds and
in case of non -compliance with the provisions of the
Memorandum of Understanding, the amount due sh all be
recovered as if it were arrears of land revenue from the party
found responsible.
22. In Irrigation command areas, Water Users Associations
shall ensure optimum use of surface and ground water and
for thi s purpose , the water users Associations shall adopt
the measures suggested by the designated officer.
23. (1) The authority may notify water bodies like lakes,
village ponds and minor irrigation tanks along with nalas
(water course or drainage course) as heritage bodies and
conservation areas to prevent conversion of their intended
use and the authority shall take all measures to permanently
demarcate the boundaries through the department of the
Government or the organization concerned as per the
memoirs of lakes / tanks / ponds / nalas (water course or
drainage course) and shall take measures to evict and
prevent encroachment. For this purpose, the Authority may
give directions to the concerned department, agency,
statutory body or official and upon such direction, the
concerned departm ent, agency, statutory body or official
shall comply with such directions. The authority may also
issue guidelines in this regard and the guidelines shall be
complied with by all the concerned.
(2) The designated officer shall have the power to
prevent a nd remove encroachments into the dem arcated
area of the water body.
(3) No undesirable wastes including liquid wastes shall
be allowed to be dumped in the water bodies by any person
or organisation.
Optimum use of
surface and
ground water.
Protection of
lakes, ponds and
tanks.
20 [Act No.10 of 2002]
(4) The Authority shall in consultation with technical
experts decide the permissible levels of pollutants which
can be allowed into the water bodies.
(5) The designated officer shall have the authority to
take required steps to prevent and control polluted water
entering the water bodies.
24. (1) The designated officer may prescribe ceiling on
water usage per unit of production by a ny industry or
commercial unit.
(2) The Authority may levy cess or surcharge on the
water used for production activities.
25. The Authority shall have power to designate an officer
to be incharge of the water bodies in the State, Municipal
Corporations, Municipalities, U rban Areas or Gram
Panchayats to ensure proper protection and conservation of
the water bodies.
26. The Authority may direct the water users associations
to prevent and restore breaches to irrigation sources within
a specified time and take up such measures through the
officer concerned.
27. The Authority may frame guidelines for sand mining
from water bodies wherever such sand mining is
environmentally harmful both in private and Government
lands:
Provided that sand mining shall not be permitted in
over exploited basins as declared by the Authority under
sub-section (1) of section 11 of the Act.
Ceiling on water
usage.
Power to
designate.
Protection from
breaches.
Sand mining.
[Act No.10 of 2002] 21
CHAPTER - 5
TREES
28. (1) The Authority may direct that every Municipal
Corporation or Municipality or any other Local Authority, as
the case may be to insist for compulsory plantation with
such number of trees and their maintenance as may be
prescribed while according approval of building plans.
(2) The Authority may also direct the Municipal
corporation or Municipality or the other Local Authorities, as
the case may be, to designate an officer to be incharge of
tree plantations in their respective areas.
(3) Tree plantation and landscaping shall be adopted in
all public and private premises for which purpose Municipal
Corporations or Municipalities or other Local Authorities, as
the case may be may issue directions to individuals,
organisations or other persons for tree planting and
landscaping in their premises. The directions issued shall be
implemented by the individual, organisations or other
persons within a period as may be prescribed failing which
Municipal Corporations or Municipalities or other Local
Authorities, as the case may be, shal l implemen t the
directions and cost there of shall be recovered from the
individual, organization or other persons along with a
penalty as may be prescribed.
(4) Tree plantations in urban public areas and road
margins shall be owned by the Municipal Corpo ration or
Municipality or other Local Authority, as the case may be.
(5) No fe lling of the trees or branches is permitted
without the prior permission of the designated officer. In
case when a tree is to be felled, not less than two seedlings
should be planted and when such planting is not possible,
cost of raising seedlings and the ir maintenance shall be
Tree plantation in
urban areas.
22 [Act No.10 of 2002]
recovered from the concerned individual, organisation or
other persons for raising plantations in public places.
(6) The Authority may issue suitable guidelines for
planting, protection and maintenance of existing trees or
landscape in public premises including public and private
schools, colleges, Medical colleges, Engineering colleges
and other institutions and the Head of the Institution shall be
made responsible for the same.
(7) The Authority may direct the Municipal Corporations
or Municipalities or other local authorities, as the case may
be, to take up plantation and maintenance of existing trees
in all public places under control of such Municipal
Corporations or Municipalities or local authorities concerned
as the case may be.
29. (1) Any person, institution, organization or department,
public or private, providing a public or private utility service
including Roads and Buildings department, Energy
department of the Government and Telecommunications
Department shall ensure protection of trees and their
branches while developing their infrastructure or carrying on
their activities.
(2) Wherever laying of new roads or widening of roads
involves cutting of existing tree, the Authorit y may issue
suitable guidelines for protection of such tree growth as it
deems fit.
30. (1) The Authority may formulate guidelines for tree
plantations along with the road margins, canal banks, tan k-
fore shores and water bodies:
Provided that the cost of plantation and further
maintenance shall be included in the cost of formation of the
roads, canals and tanks and suitable amount may be
Protection of
trees.
Tree plantations
by Government
departments etc.
[Act No.10 of 2002] 23
earmarked for plantation and protection of trees within any
of the existing provisions for supervision or miscellaneous or
unforeseen expenditure under all works estimates as
prescribed.
(2) The Authority may direct the Local Authorities to
ensure tree plantation in the fore shore areas of the open
water bodies.
(3) A ll agricultural land owners except small and
marginal farmers and wetland owners as determined by the
Government shall plant trees in their land holding as
prescribed by the Authority upto 5% of their total land
holding and felling permission for trees sha ll be given only
when the land owner plants trees in equal extent of land:
Provided that the area covered by the existing tree
growth including fruit bearing horticultural crops shall be
included while calculating the area under tree growth:
Provided f urther that suitable incentives, as may be
prescribed, shall be given to the landowner who plants tree
species in his total land holding.
(4) The Government may constitute a committee for
protection and maintenance of the plantations raised in the
lands raised outside the forest and the said committee shall
function as may be prescribed.
31. It shall be competent for the Authority to protect tree
plantation by encouraging stall fed goat rearing and by
rehabilitating the goat rearers in a phased manner.
32. It shall be competent for the Authority to encourage all
families especially living in the fringes of forest areas to
acquire non-conventional energy devices in order to protect
the trees.
Sheep and goat
farming.
Tree protection in
fringe areas.
24 [Act No.10 of 2002]
CHAPTER - 6
MISCELLANEOUS
33. (1) Any person, aggrieved by any order made under
any of the provisions of this Act may, within a period of 30
days from the date of receipt of the order by him, appeal to
the Authority, if the order is made by any other officer.
(2) On receipt of such appeal, the Authority shall after
giving a reasonable opportunity to the appellant of being
heard, pass such order as it may think fit.
Explanation: For the purpose of this section, the
expression ‘person aggrieved’ includes a Local Authority,
the Panchayat Raj or Municipal Administrative Engineering
Department, State Ground Water Department and any other
agency or authority entrusted with the respons ibility of
supplying drinking water or protection of trees.
(3) Before passing an order in such appeal, the
Authority shall obtain the opinion of the technical experts
appointed by the Authority and shall take th e same also into
consideration.
(4) The technical expert shall forward his opinion within
ten days from the date of receipt of a reference in that behalf
by him and in the event of failure to furnish such opinion by
the technical officer within ten days, the Authority or
Designated officer may c all the technical expert with the
relevant records and pass appropriate orders as it deems fit.
(5) Save as otherwise provided in sub -section (1),
every order made by the Authority in appeal or otherwise
may be reviewed by the Government and the Governme nt
may advise the Authority to reconsider the order and upon
such advise, the Authority may pass orders after
Appeals.
[Act No.10 of 2002] 25
reconsideration and such orders passed shall be final and
binding and shall not be reviewed.
34. (1) No suit, prosecution or other legal proceeding shall
lie against any public servant or person appointed or
authorised under this Act, in respect of anything which is in
good faith done or intended to be done under this Act or in
pursuance of any order made or directions issued under this
Act.
(2) No suit, prosecution or other legal proceeding shall
lie against the Government or any officer of the Government
for any damage caused or likely to be caused by anything
which is in good faith done or intended t o be done under
this Act or in pursuance of any order made or di rections
issued under this Act.
(3) Any action or act done by any public servant in the
absence of good faith as determined by the Authority shall
not be covered under the protection g iven u nder sub -
sections (1) and (2) and such public servant shall be
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
35. (1) Whoever contravenes any of the provisions of this
Act or obstruct s any person in the discharge of his duties
under this Act or contravenes any order or violates any rule
made under this Act shall be punished with fine which shall
not be less than one thousand rupees but which may
extend to five thousand rupees:
Provided that the person responsible for abetment of
such offence or connivance shall also be liable and
punished accordingly.
(2) Whoever without any lawful authority damages,
alters, pollutes or obstructs any part of a public water supply
Protection of
action taken in
good faith.
Penalties.
26 [Act No.10 of 2002]
system or a water body, encroaches water bodies inclu ding
tanks, lakes, ponds, nalas (water course or drainage
course), contaminates ground water in any manner by
industrial and aquaculture waste disposal or directly
disposes waste water into the aquifers shall be pun ishable
with imprisonment for a term which shall not be less than
one month but which may extend to six months or with fine
which shall not be less than two thousand rupees but which
may extend to fifty thousand rupees or with both in addition
to that the cost of its repairs or remedying the same shall be
recovered as an arrears of Land Revenue:
Provided that the p erson responsible for abetment of
such offence or connivance shall also be liable and
punished accordingly.
(3) Whoever without any lawful a uthority fells a tree
shall be punishable with a fine which shall not be less than
two times of the value of such tree but which may extend to
five times of value of such tree:
Provided that the person responsible for the abetment
of such offence or conni vance shall also be liable and
punished accordingly.
(4) In the case of a second or subsequent offence, the
offender shall be punished with twice the amount of fine
prescribed for such offence under sub -section (1) or sub -
section (2) or sub-section (3), as the case may be:
Provided that the p erson responsible for the abetment
of such offence or connivance shall also be liable and
punished accordingly.
36. (1) Subject to the rules, if any, made in this behalf,
every notice or order issued under this Act, may be served
either by tendering or delivering a copy thereof in person or
Service of notices.
[Act No.10 of 2002] 27
by post to the person on whom it is to be served, or his
authorised agent or if the service in the manner aforesaid
cannot be made, by affixing a copy thereof at his last known
place of residence or at such place of public resort in the
habitaExcerpt shown. Open the full act in Lexace.