Arunachal Pradesh · 2018 · Act 13
THE ARUNACHAL PRADESH LAND AND ECOLOGICAL SITES (PROTECTION AND MANAGEMENT) ACT, 2018
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1. (1) This Act may be called the Arunachal Pradesh land and Eological
(Protection and Management) Act, 2018.
(2) It extends to the whole of Arunachal Pradesh.
(3) It shall come into force on the date of its publication in the Offical
Gazette.
2. In this Act, unless there is anything repugnant in the subject or context-
(a) “District Advisory Committee” means the District Advisory
Committees constituted under Section 5 ;
(b) “Deputy Commissioner” means the Deputy Commissioner of the
district ;
(c) “Designated area” means areas as may be notified by the Government
under Section 4 ;
(Received the assent of the Governor on 7th May, 2018)
THE ARUNACHAL PRADESH LAND AND ECOLOGICAL SITES
(PROTECTION AND MANAGEMENT) ACT, 2018
(ACT No. 13 OF 2018)
An
Act
to provide for preservation, protection, acquisition and maintenance of land and other
ecological sites of the state and more specifically within the jurisdiction of the Administrative
Headquarters and Urban Centres of the State and matters connected therewith or incidental
thereto ;
Whereas, it is expedient to provide for preservation, protection, regulation and maintenance
of Government land meant for development of towns and settlements and other ecological sites
of the State and more specifically within the jurisdiction of the Administrative Headquarters and
Urban Centres of the State and to protect such land and ecological sites from unauthorized
encroachers, wanton earth cutting, encroachment for habitation in the manner hereinafter
appearing ;
Be it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-nineth Year
of the Republic of India as follows :-
Short t i t le,
extent and
commence-
ment.
Definitions.
The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 187 Vol. XXV Naharlagun, Tuesday, May 15, 2018 Vaisakha 25, 1940 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT
CIVIL SECRETARIAT
ITANAGAR
—————
NOTIFICATION
The 11th April, 2018
No. Law/Legn-27/2017.— The following Act of Arunachal Pradesh Legislative
Assembly which was passed in the Fifteenth Session of the Sixth Legislative Assembly
and received the assent of the Governor of Arunachal Pradesh is hereby published for
general information.
2 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
(d) “Ecological Sites” means and includes any area within the State of
Arunachal Pradesh which is ecologically fragile, sensitive and prone
to soil erosion other than the areas notified under forest laws as
Reserve Forest, Anchal Reserve Forest, Village Reserve Forest,
Community Reserve, Wildlife Sanctuaries, National Parks, Tiger
Reserve, Elephant Reserve, Biosphere Reserve and protected
Forests but are in existence as :-
(i) permanent water source catchment or watershed areas of the
locality ;
(ii) all along drainage system like river, rivulets, small nallahs, feeding
channels, any water bodies like ponds, lakes, swamps and
marshy land having potentiality of becoming water sources ;
(iii) and area/space having rich Biodiversity of flora and fauna
requiring preservation of the locality ;
(iv) and any local area having prone to soil erosion requiring adequate
protection ;
(v) any marshy land, ponds, lakes and swamp;
(e) “Government”, means the Government of Arunachal Pradesh ;
(f) “Land”, means any land including any local area which is not a reserve
forest, wildlife sanctuary and ecological site declared under relevant
Forest Acts and any other law for the time being in force;
(g) “Community land” means any land belonging to or owned by a
community which is under any customary or transitional law.
(h) “private land” means the land belonging to an individual, family or a
group which is recognised by custom or tradition or by way of
registration.
(i) “Prescribed” means prescribed by rules made under this Act;
(j) “Registered Owner” means an owner of land whose name has been
recorded in the land records as maintained by Government under
the Arunachal Pradesh (Land Settlement and Records) Act, 2000
or any other revenue laws for the time being in force and who has
valid registered deed in respect of the land in his/her name.
(k) “Community” means residents of a village as a whole and includes a
clan, sub-clan or kindred ;
(l) “Competent Authority” in relation to any provision, means any officer
appointed by the Government to be the competent authority for the
purpose of that provision ;
(m) “Government land” means any land acquired by the
Government under any law for the time being in force or through
donation of the public for establishment of Administrative
Headquarter, Government Institutions and facilities under various
wings of the Government or such land as defined under section-9 of
the Arunachal Pradesh (Land Settlement and Records) Act, 2000.
3. No person shall--
(i) indulge in or undertake any earth cutting activities or carry any portion
of land which is likely to cause a public nuisance or that is not in the
interest of the general public or likely to cause damage to ecological
system of the area ;
(ii) remove, fill up, dredge or any form of land which may cause damage/
destruction of flora and fauna of the land.
(iii) do any such activity which may cause damage or destruction of
biodiversity and natural resources of any designated area.
4. (1) Government may, on its own motion or on receipt of a report from
the District Advisory Committee declare any land or ecological sites
as Designated Area by notification published in the Official Gazette
and to take effect from the date specified in the said notification.
(2) The notification under sub-section (1) shall clearly indicate the land
and ecological sites in two distinct and separate lists containing
full description and particulars including boundaries relating to the
land and ecological sites specified in the respective lists.
(3) The Government may fix appropriate identification marks or sign board
etc., in the Designated Area concerned indicating that the area is a
Designated Area declared under section 4 of the Act.
Prohibition of
Damage and
destruction in
the Desig-
nated Area.
Declaration o f
Designated
Area.
3 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
5. (1) The Government may, by notification in the Official Gazette, with effect
from the date specified therein constitute a District Advisory
Committee in each district and one Sub-Committee in each
Administrative Headquarter or potential growth centre.
(2) The District Advisory Committee constituted shall consist of the following
members :-
(i) Deputy Commissioner — Chairman
(ii) Town Planner/Asstt. Town Planner — Member Secretary
(iii) Sitting MLA of the Town/Area — Member
under which the Town/ settlement
falls
(iv) Zilla Chairperson of the District — Member
(v) Chief Councillor/Municipal — Member
President of the Urban Local
Body
(vi) Divisional Forest Officer (DFO) — Member
of the District/Territorial
(vii) District Land Revenue & — Member
Settlement Officer
(viii) Chief Municipal Executive Officer/ — Member
Municipal Executive Officer, ULB
(ix) Soil Conservation Officer — Member
(x) District Research Officer — Member
(3) The Sub-Committee for each Administrative Headquarter or Potential
Growth Centre shall consist of the following members :-
(i) ADC/SDO/EAC/CO Concerned — Chairman
(ii) Asstt. Town Planner — Member Secretary
(iii) Sitting MLA of the Town/Area — Member
under which the Town/settlement
falls
(iv) Zilla Parishad Member of the Town/ — Member
Area under which the Town/settlement
falls
(v) Chief Councillor/Municipal — Member
President of the Urban Local
Body
(vi) Range Forest Officer(RFO)/Territory — Member
(vii) Municipal Executive Officer, ULB — Member
(viii) Representative of L.M. Deptt. — Member
6. (1) Subject to the provisions of this Act and the rules framed thereunder,
the powers and functions of the District Advisory Committee shall be -
(i) to recommend the Government any matter regarding
administration, classification and management of the
Designated Area ;
(ii) to recommend the matters, which are, required to be included in
the Management Plan ;
(iii) to suggest measures concerning removal of encroachments from
the Designated Area ;
(iv) to facilitate research works for the development and
protection and future prospect of the Designated Area ;
(v) to take necessary action for improvement, protection and
promotion of the Designated area ;
(vi) to do any work as may be assigned to it by the Government for
carrying out the purpose of this Act.
Constitution
of District
Advisory
Committees
and Sub-
Committees.
Powers and
Functions of
the District
Advisory
Committee.
4 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
(2) The Sub-Committee shall submit report in respect of their jurisdiction
to the District Advisory Committee who shall depute a Technical
Committee for carrying out study.
Provided that expert opinion of a geologist or soil scientist
shall be obtained by the District Advisory Committee before making
its recommendation to the State Government for matters relating to
the ecological sites.
7. (1) The District Advisory Committee shall hold their meetings in the concerned
headquarter of the district or such other place or places as may be
determined by the Chairman from time to time.
(2) The procedure and conduct of business of the District Advisory Committee
Meeting including quorum shall be such as may be prescribed.
8. (1) The Government, may dissolve the District Advisory Committee if in
its opinion the District Advisory Committee -
(a) is not competent enough to perform or persistently defaults
in discharging its duties or performing the functions assigned to
it under this Act without reasonable cause or excuse ;
(b) exceeds or abuses the powers assigned to it under this Act ;
(c) is not functioning in a manner consistent with the provisions of
this Act or the rules framed thereunder ;
or
(d) circumstances have so arisen that the Committee is rendered
unable to discharge duties or to perform functions assigned to it
under this Act ;
or
(e) it is otherwise expedient or necessary to dissolve the Committee.
(2) The Government may by notification in the Official Gazette stating the
reasons for doing so dissolve the District Advisory Committee for such
period not exceeding one year at a time and declare that all the powers
and duties of the Management Committee shall during the period
of dissolution and until the new committee is reconstituted, be
exercised and performed by such person or persons or authority as
the Government may, from time to time appoint in this behalf.
9. No act or proceeding of the District Advisory Committee shall be invalid by
reason only of the existence of any vacancy amongst its members or any
defect in the constitution thereof.
10. (1) As soon as may be after declaration of a designated area, under
section 4, the District Advisory Committee shall prepare, a
Management Plan in respect of the concerned Designated Area, which
shall contain amongst other-
(a) information regarding purpose, importance and necessity for
protecting the said designated area ;
(b) the manners by which the Designated Area shall be managed,
protected and preserved under the Act ;
(c) removal of encroachment from the designated area, if any and
(d) any other matter which may be considered necessary.
(2) The Management Plan prepared by the District Advisory Committee
shall be submitted to the State Government for approval.
(3) The State Government may approve the Management Plan prepared
by the District Advisory Committee with or without modification.
11. Where the land to be so designated is a private land or community land-
(1) The Deputy Commissioner shall cause notice of the intention to
declare any private or community land as Designated Area to be
served upon such private land owner or community land not less
than thirty days prior to declaration inviting objections if any.
(2) The Deputy Commissioner shall dispose off the objection after giving
a reasonable opportunity of being heard to land owner/ community
members and then arrange to publish a draft notification in the Official
Gazette.
Meetings of
District
Advisory
Committee.
Dissolution of
the District
Advisory
Committee.
Vacancies
etc. not to
invalidate the
proceedings of
the District
Advisory
Committee.
Preparation of
Management
Plan.
Private Land.
5 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
(3) Any Person aggrieved by such notification made by the Deputy
Commissioner under sub-section (2) as regards the proposed
Designated Area of which his plot of land forms a part may, within
thirty days from the date of such notification, prefer an appeal before
Secretary of Land Management Department/ Board of Land
Revenue who will take up the case as if the case has been received
under provisions of the Rules of the Arunachal Pradesh (Land Settlement
and Records) Act, 2000 and dispose off accordingly.
(4) After hearing the land owner or after disposal of appeals by the
Appellate Authority, the Deputy Commissioner shall recommend
the area for declaration as Designated Area to the Government.
(5) After declaration of the Designated Area as Designated Area by the
Government under section 4, the land owner shall comply with the
provisions of section 3 of the Act.
(6) If it is considered necessary or expedient in the interest of protection
of the Designated Area, the Deputy Commissioner may take every
effort to remove and rehabilitate elsewhere the land owner residing
within the Designated area in accordance with provisions of
the Right to Fair Compensation and Transparency in Land
Aquisition, Rehabilitation and Resettlement Act, 2013.
(7) Where in the opinion of the Deputy Commissioner, a very urgent
condition prevails that requires taking over of such land belonging to
a Designated Area by Government which is being occupied by any
land owner, may take appropriate steps invoking the provisions of
Right to Fair Compensation and Transparency in the Land Aquisition,
Rehabilitation and Resettlement Act, 2013 to acquire the land with
approval of the Government.
12. The land owner in respect of an area declared as Designated Area shall-
(1) If it is a hill land which is an ecologically fragile and sensitive zone-
(a) take all possible measures to prevent probable landslide and
destruction of fragile, ecological sensitive zone ;
(b) take prior approval of the District Advisory Committee for
construction of retaining wall including its design, if he/she
proposes to construct retaining wall for protection of the hill from
landslide ;
(c) shall not undertake construction of any infrastructure on both
upper and lower sides of hill slope involving earth cutting and
proper muck and disposal plan, without prior approval of the District
Advisory Committee ;
(d) shall report to the Deputy Commissioner and Distr ic t
Advisory Committee of the District if there is any unnatural fault,
crack on the hill slope or sliding of land/ or boulder, Bamboos
and trees.
(2) If it is an ecologically fagile and sensitive zone, shall take all possible
measures to prevent and protect any kind of probable damage and
destruction of natural resources and shall report to Deputy
Commissioner and District Advisory Committee of the District that
of any incident that might lead to degradation of the ecologically
fragile site.
13. If in the opinion of the Government, any particular area within the meaning
of hill and mountain, river, rivulets, lakes and ponds and marshy land,
ecologically fragile and sensitive, rich biodiversity and prone to land
erosion areas which are not declared as designated area is threathened
with destruction by reason of commercial, industries or other
developmental activities, the Government may order the stoppage of
such activities in whole, in that area and direct the District Advisory
Committee to submit report to the Government to stop the developmental
activities in the larger interest of public.
14. (1) No person shall enter and carryout any research work, survey soil
testing and collection of a part/whole flora and fauna sample from
any of the site of designated area without obtaining prior permission
for the purpose from the concerned Deputy Commissioner.
Duties of the
Land Owners.
Power of the
Government to
stop develop-
ment and other
activities.
Certain works
within the Desig-
nated Area
subject to
obtaining of
permit.
6 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
(2) The Deputy Commissioner or any authorized officer may issue
permission to enter in designated area to carry out research work,
survey, soil testing and collection of a part/ whole or part of flora and
fauna for the research work only.
(3) Such permission shall be subject to the following terms and condi-
tions-
(a) the application must be made to Deputy Commissioner in such
form as may be prescribed.
(b) the permit holder must complete the research work within the
time specified on the permit and submit a report on the outcome
of research work to the permit issuing authority; and
(c) the permit holder must deliver possession of all items
discovered, any species collected with a report after completion
of research work in pursuant to the research permit, to the Deputy
Commisioner.
Provided that no person shall be granted permission under sub-
section (3) unless he/she is sponsored by a University, educational
institution, company or a Government department.
15. (1) Where it appears to the District Advisory Committee of any district
that the continuation of any area as Designated Area is no longer
necessary, the District Advisory Committee may recommend to the
Government to terminate the said Designated Area.
(2) Before making any such recommendation pursuant to sub-section
(1), the District Advisory Committee shall give in respect of the
proposed recommendation in not less than two widely circulated daily
news papers giving at least thirty days time inviting claims, objections
or suggestions from the public and where the land is privately owned,
the notice shall be served to the land owner.
(3) The Committee shall, consider the claims, objections and suggestions
received within the 3 (three) months and convey its decision to the
Government.
(4) On receipt of the recommendation under sub-section (1), the
Government may, by notification in the Official Gazette terminate
such Designated Area and remove the area from the list of notification
issued under section 4.
16. Subject to the provisions of this Act and the rules made thereunder, the
Advisory Committee or any officer exercising powers under this Act shall
have the powers of a Civil Court under the Code of Civil Procedure (1908),
for the purpose of-
(a) summoning and enforcing attendance of any person and examining
him or her on oath as a witness ;
(b) enquiring the discovery and production of any document for record;
(c) receiving evidence on affidavit ;
(d) requisitioning any public records or copy thereon from any court or
office ;
(e) issuing commission for the examination or witness of document ;
(f) enforcing or executing orders including an order for restoration of
possession as if such orders were decrees of a civil court;
(g) remanding any case or proceeding to the officer from whose decree
the appeal is preferred, and such officers shall record the substance
of the evidence, if any, taken by him.
17. Whoever fails to comply with or contravenes any of the provisions of this
Act or the rules made thereunder or order or directions issued in this
behalf shall, in respect of each such failure or contravention, be
punished with imprisonment for a term not exceeding six months or
with fine which may extend to ` 50,000.00 (Rupees fifty thousand) or
with both.
Provided that for every subsequent breache(s),if the contravention
is committed by the same person, shall be punished with imprisonment for a
minimum period of one year which may extend to three years, with or
without fine.
Termination of
Designated
Area.
Powers of the
District
Advisory
Committee
requiring
attendance
etc.
Penalty.
7 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018
18. No court inferior to that of a Judicial Magistrate of the First class shall try
any offence under this Act.
19. Offences under this Act shall be tried summarily under the provisions
of the Code of Criminal Procedure, 1973;
20. No Civil Court shall have jurisdiction to entertain any suit or proceedings in
respect of anything done, any action taken or order or direction issued
by the Government or any other authority or officer in pursuance of any
power conferred by or in relation to or his functions under this Act.
21. (1) No suit, prosecution or other legal proceedings shall lie against any
person for anything in good faith done or intended to be done in
pursuance of this Act.
(2) No suit or legal proceedings shall lie against the Government for any
damage caused or likely to be caused for any injury suffered or likely
to be suffered by virtue of any provisions of this Act or by anything in
good faith done or intended to be done in pursuance of this Act
or the rules made thereunder.
22. The Government may, by notification in the Official Gazette, delegate
any of its powers, except powers under section 24 to be exercised by
any authority subordinate to it subject to such reservation as may be
specified in the notification.
23. If operation of any of the provisions of this Act causes serious loss to any
person, then the Government, on the recommendation of the Advisory
Committee, may dispose off the matter in a manner not inconsistent with
the provisions of this Act.
24. (1) The State Government may, notification in the Offical Gazette, make
rules in respect of all or any other matters referred to in section 4.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely :-
(i) Classification of both land and ecological Sites and the uses of
various areas and purposes ;
(ii) the prohibition and restriction of the entry into special place and
the control of activities within such areas;
(iii) the procedures and safeguards of any kind of use, development
or occupation of the land and natural resources;
(iv) the sign, plaques and marks to be placed at a special place;
(v) determining measures including financial incentives to encourage
the identification, preservation and protection of such land
and ecological sites and ;
(vi) any other matters or thing necessary in the larger interest of the
general public or incidental to the provision of this Act.
(3) Every rule made under this section shall be laid as soon as may be
after it is made, before the Arunachal Pradesh Legislative Assembly
while it is in session which may modify the rules as deem fit and
proper and if modification is carried by the Arunachal Pradesh Legislative
Assembly, the rules shall thereafter have effect in such modified form
as the case may be. However, any such modification or amendment
shall be without prejudice to the validity of anything previously done
under that rule.
25. If any question arises as to the interpretation of the provision of Act or the
rules made thereunder, the same shall be referred to the Government
whose decision thereon shall be final.
26. If any difficulties arises in giving effect to the provisions of this Act, the
State Government may, by order do anything not inconsistent with the
provisions of this Act, which appears to it necessary for removing the
difficulties.
Cognizance of
offence.
Offences to
be tried
summarily.
Bar of Juris-
diction of Civil
Court.
Protection of
Action taken
in good faith.
Delegation of
Power.
Savings.
Power to make
rules.
Power to
remove
diff iculties.
Interpretation.
G.S. Meena, IAS
Commissioner to the
Government of Arunachal Pradesh,
Itanagar.
———
Published and printed by Directorate of Printing—360/2018-DoP-250+Commissioner (Law & Judl.)-100+Secy.
(Town Planning)-100+Secy. LA-100-5-2018.