The Manipur Flood Plain Zoning Act, 1978

,4 4 4 * ' 1311111111? IEEIZBHE , EXTRAORDINARY PUBLISHED BY AmeBIT-y M/ 'No. 185 ' ‘ Imphal,’Friday} Sépte’t‘nbé‘r' 1,..1918‘ . (Bhadra 11), 1900) . . ,, ' _ / / GOVERNMENT OF MANIPUR ECREIARIAT LAW DEPARTMENT Imphal, the Ist September, 1978 No. 2/4/787—Leg1L-5-The following Act 01 the Legis‘ature, Manipur which received assent of the Governor on 26-8-78 is hereby published1n the Manipur 1911111; I. BIJOY SINGH, Deputy Secretary (Law) tothe Govt. of Manipur. THE MANIPUR FLQ-ODPLAIN ZONING ACT, 1978 (Man1p111' Act 10 of I978) AN ACT to provide for the zoying of flood plains of rivers in thelStvate of Manipur. ’ " ' ‘ ‘ Be it enagted by 11:11: Leg1slature of the State of Manipur in ...... the Twentymmh Year of 1he_Repub11eofInd1aa_s f_o‘Ilo»vs: CHAPTER—I _ PRELIMINARY .(1) This AC_tmaybe cnIIed the Mampur Elood 919.111 Zoning 511°“ tine. Act1‘1'9'73 "’ extent and ‘1»1‘7 commence- (2) It extendstothewholeno f the State of Manipur, meal. (21) This section shall come into force at Once and the. remaining , provisions of this Actshall- come into forge011 __such date as the State ' Government may, b-y.not1fica110n in the oficial Gagetfie, appomt Provided tfiaI“different date§ may be appointed for different provisions of this Act and for different areas or diflerent rivers. v 2 Inthis Ag, unless the context othermsere qmtes-— Definitions. (3)21 “11on mcludes water channel, flood channel and “1m axlfia1311,06neaflylbw Iasnd susccenbfe fo ficod by mnundahon Declaration of Flood Plain Zoning. Powers and functions of the Flacd- Zoning Au- thority. Survey. 2 (b) “flood phin zoning” means restricting any human activity. » in the flood plains of a river where the plains are created by' overflow of water from the channels of rivers and streams ;' (c) “flood zone” means ithe area which is required to carry V. the flow of the manmum probable floods; (d) ‘fflood zoning authority” in relation to a river. means the; authority appointed by the Government under Section 3; (c) “Gazette” means the oflicial gazette of the Manipur State ' Government ; ‘ f “Governmeht” means the State Government of Mahi urP . '(g) “land” includes interest in lands, benefits arising out of lands and things attached to the earth or permanently fastened to anything attached to the earth; (b) “occupier”, in respect of any land, means any person who has an interest in the land and cultivates the land himself or by his servants or by hired labour and includes a tenant; (i) “owner" in relation to any land,' includes any persoa having interest in such land; . (j) “prescribed” means prescribed by rules made by the State Government under this Act; . (k) “water channel” means the channel in which the flows of a river are generally confined; (1) “river” includes it: tributaries. CHAPTER—II ' FLOOD ZONING AUTHORITY AND ITS POWERS 3. (1) Where the State Government considers it necessary or expedient to do so, it may. by notification 1n the Gazette, declare that flood plain zoning shall be made in the manner hereinafter specified. ‘(2) The State Government may direct that asurvey be made of a river for the purpose of determining tk.;“"‘i’lmits within the provisions of the Act are to .be applied and that proper Charts and registers he prepared specifying all boundaries and landmarks and any other necessary matter for the purpose of ascertaining such limits. (3) The State Government may, by notification m the ofiiciat Gazette, appoint the ‘Deputy Commissioner’ of the District or such othex authority as that Government considefs necessary, as the flood'zoning authority for the purpose of makinga survey of the area as required under sub- section (2) and may specify in such notification, the duties to be discharged by. such authority. , . 4. The Flood Zoning Authority shall exercise the powers and discharge the duties in accordance with the provisions of thus Act and the terms and conditions specified in the notification under sub,~ section (3) of section 3. ' CHAPTER—III SURVEYS AND DELINEATION OF FLOOD PLAIN AREA '- 5. (t) The Flood "zoning Authority shall carry out surveys of flood ‘ plains of the rivers and determine the nature and the'extent of flood plains of the rivers. 3 (2) The Flood Zoning Authority shall, on the basis of the Surveycarried out under sub-sec-tion (I), eshbl-Esh Flood ?lein'zones andjelineate the areas which are subject to flooding including classification[of land with reference to relative risk of floodplain ttse intended{to safeguard the health, safety and property of the general public. (3) The Flood Zoning Authority shall prepare charts and registersindicating the areas delineated under sub-section (2). _ 6. It shall. be lawful for the Flood Zonin,’ Authority or anyof the otficers generaily or speeiaily authorised by it in this behalf: (a) to. enter upon and survey and takelevels of any land withinits or his jurisdiction; . (b) to mark such levels, boundai‘iw and line; by placing maths or"‘ boundary stones; (c) to measure the land; (d) to do all othei-acts necessary (or the purpose of asbertainingthe limits referred toin sub-sectxon (2) of section 3; (e) Where otherwise the survey Cannot beeompleteg't aid the levels?taken, to cut down and clear away any part of staetdtng crop, t‘encegpr jungle; . Provided that no Flood Zoning Authority or any other officer“shall . enter into any building . or open any enclosed court orrden attached to a dwelling house or cut down and clear awayfinding crops or fence ("unless with the consent of the occupier thereof).Qithwt previously giving such occupier at least seven days' notice?! writing 0? it or his intention to do so. 7. (l) The Flood Zoning Authotity or any other officer'geuerallym'spesiaily anchorised by it in'this behalf Who has entered uponihy land utzie: section 5 shall,' before leaving, tender compensatim£9 the ownsr or occupier of sum land for any damage which mayElva been caused and in 'case of dispute as to the sufficiency of thefmount so tendered, the Flood Zoning Authority or such ofiiccrhall refer the matter to the Government of Manipur For decision. 4; (2) The decision of' the officer uhder subsection (1) shall be finalfind no suit shat! lie in a cxvi! court to ,have it set aside or modified. CHAPTER—IV NOTIFICATION OR LIMITS OF FLOOD PLAINS The Government may, on the basis of a report. {tonood Zoning Authority or otherwise, by notification in thee, declare it; ‘intention to demarcate the Flood Plain Area_. that prohibit or restrict the 'use of land therein as specified Power to take up Survey. Payment a! damn:es. Objectiou. Decision of the State Government. 4 9. (1) The Flood Zoning Authority shall on the issue of notification under section 8, cause public notice of the substance of such noti- fication to be given at convenient places inthe area. - (2) The Flood Zoning Authority shall also give notices individually to the owners of the lands situated in the area. (‘3) The Flood Zoning, Authcrity shall exhibit records, charts, maps, registers and such other documents showing the river channel, flood channel and the flood plain area, specifying the nature and extent to. which the use of limits of the area is either- prohibited or restricted in his ofiice 'for inspection by the general public at the timings specified therein. 10. (1) Any person who desises to raise any objection to the limits and either the prohibitions or- restriction Specified in the public notice referred to in section 9, may Within a period of sixty days from the date of publication of the notification in the Oflicial Gazette, for- ward to the Flood Zoning Authority a statement in writing setting forth his objections. (2) After the expiry of the period aforesaid, the FloodZoning Authority shall issue a notice in the manner prescribed and consider the objections after giving the party concerned a reasonable oppor- tunity of being heard in the matter. ' (3) The Flood Zoning Authority shall forward to the State Govt. its or his proposes together with the records referred to in sub-section. (3} of section 9, along with objections received under sub-szction (l). 11. (1.) The Government may, after considering the reports; of the Flood Zoning Authority, and the objections; if any, order} sech alternations 111 the limits of the area as it considers necessary; 'or drop the preposes. (2) The Decision of the Government, shaltbe final. (3) The overnment shah, by notification in the official Gazette; declare tit .43 erovisions t‘bf this Act_ shall apply. to the said five with the oemdaries and limits: as Speczfted. 4‘) The areas delineated and approyed by the Government shall be deemed to be the flood plain and the limits shall, whet» 'neceseary, be. marked either by boundary stones or other suitab marks. (5) The Flood Zoning Authority shalt maintain the charts and regifl: :ers of such areas so delineated and such charts and registers shat, form part of the permanent records of the ofiice. ' (6) The charts and registers maintamed under sub—section (5) shall" furnished to the Deputy Commissioner-of the sttrict in which any ' _ of the river is situated and shall be open for inspection by the gem . public at such times as may be prescribed. ' a . ;_- 5 a . eHAPTER—V ‘PRQHIBITION OR‘ RESTRICTION ON THE USE .OF‘ THE FLOOD PLAINS ' 12. (1) Where the Government is satisfied that it is necessary do so 'in the interest of public health, safety of property or ininterest of reducing the inconvenience to the general public or tat. it is necessary to prehibit or the restrict the activities in theod plain, it. may, by notification. in the Gazette, Specify the areaere such prohibition or restriction is to be enforced and the naturedrextent of such prohibition or restriction; ' M (2) Upon the publication of a notification under sub-section (1), :urnent for the time .beingin force, the prohibition or restrictionified m such notification shall prevail. (3) No person shall undertake any activity within the prohibitionea or restricted area except With the previous permission of the toodeonmg Authority. , Provided that where a person makes an application to the Flood ning Authority for permission under this subsection to undertake activity and the Flood Zoning Authority, does not, within a pjedod of ninety days from the date of receipt of such application, ommunicate to the person that permission applied for has been refused, t shall be presumed that the Flood Zoning Authority has granted uch permission. V 13. If any person commences or carries on or attempts to carry ’11" any activity in the- area specified in the notification under sub- ~§§ction (l) of section 12 contrary to the terms and conditions specified ‘11 such notification, he or she shall be punishable :— (a) with fine which may extend to five hundred rupees or in default 0f payment of fine, to simple imprisonment for a term which may extend to two months; and (b) with further fine which may extend to one hundred rupees for each day in case when the ofl‘ehder continues the offence under clause (a) after the conviction under clause (a). . 14. (1) Subject to such conditions as may be‘ prescribed any oflficer authorised by the Government by ageneral or SpeCial order in this Vb9half may either before or after the institution-of proceedings under this Act accept from. the person who has-committed or in reasonably suSpee'ted of having committed an offence under this Act, by way of composition of such ofi‘ence, a sum of money not exceeding five undred rupees. (2) On the payment of such sum of money, such person shallP6 discharged and no further proceedings shall be taken against him 111 respect of such otfence. 15. (1) Any person aggrieved by any decision of the Flood ZoningAnthority may prefer an appeal to» the prescribed authority within a period of ninety days from the date on which such decision was l3011;11:1111nicated to him; tvvithstanding anything contained in any law, custom, agreement 01'» Powers to prohibit restriction etc. in flood plain area. Penalty. Power to compound _ ofi'ences. Appeal. Revision. ‘ Payment of compensa- tion. ' Central Act. 1 of 1894 extended to Manipur. Determining the compen- sation and apportion:- ment by consent. 6 Provided that the prescribed authority may entertain the appealafter the expiry o” the said period of ninety days Kit is satisfiedthat the appeallant was prevented by sufficient cause from filling theappeal in time. , , - . (2) 'The prescribed authority may after giving a reasonable oppor- ttumty to the appellant (1::f being heard m‘the matter, make suchworders.as it deems fit and the deezsion thereof shah bc'final. . 16. (1,) Where no appeal has been preferred under section 15,:itheGovernment may, for the purpose of examining . the :legaiity,propriety or correctness of any order made by the Flood Zoning...Authority, call for the records at any inquiry or proceedings of theIglood Zoning Authority and make such order in the case as it thinks 7t. ' ' Provided that no such record shall be called after the expiry ofsix months from the date of such order. (2) No order of the Flood Zoning Authority'shatl be varied bythe Government so as to prejudicially effect any person with-out giving such person a reasoaabie opportunity of being heard inthe matter. ' ' CHAPTER—VI COMPENSATION 17. (1) Where any permission to undertake any activityin the flood‘plain has been refused to any person or where as result of the prio-hibition or restriction impOsed on any person under this Act, such person suffers any damage he shall be entitled to the payment ofcompensation not exceeding the difference between the value of the land as determined under section 23 or section 24 of the Land AcquisationAct, iSi-i‘4’ and the value which it would have had the permission forcarrying on any activity had been granted or the prohibition orrestriction had not been imposed. .v (2) In determining the amount of compensation under sub-section(l)any restriction to which the land is subjected to under any otherlaw for the time-bemg in force in regard to the right of the personclaiming compensation to carry on any activity on the land or otherwiseto the 3.158 of land shall be taken into consideration. ' 18. ,(1) The person to Whom the compensation under section 17’is to be paid and the apportionment of such amount among the personsinterested therein shall be determined by agreement between the FloodZoning Authority and the person ‘or persons claiming interest therein. . (2) In default of any such agreement, the Flood Zoning Authority ‘shall, after hoidmg such inquiry as it considers necessary, make anaward detetmining :— (a) The amount. Of Compensation to be paid under section.17., 7 b) The apportionment, if any, of such compensation among persons known to be interested therein. rovided that Where the amount of compensation exceeds ten usand rupees, no award shall be made without the previous approval ' e Government or Such other officer as the Government may orise in this behalf. J9, (1) No compensation sha11 be awarded: " (a) if and in so far as the 1and is subject to substantially similar restriction in force under some other law in force on the date on which the restrictions were imposed by or under this Act ; or: ' (b) If compensation in respect of the same restrictions imposed by or under this Act or substantially similar restrictions .in force under. some other law has already been paid in resPect of the land to the Claiment or any predecessox—in interest of the claim; or , (c) for removal of any encroachment ; ‘ (2) If any person has, without lawful authority undertaken any __1vity, any increase in the value of land from such activity shall not aken into account in estimating the vaiue of iand, \ '0 {1) Any person aggrieved by the award of the Flood Zoning "thc rity under sub—section {2) of section 18 hey, by an application in nting, apply to the Government or such othero fficer’ an the ’ emment may authorise in this behalf. ‘ ; rm and in such manner as may be prescribed and shal1be made thin fortyfive days from the date of communication of the award. (3) The application'under this section shall be disposed of in such a manner” as may be, prescribed. _‘ 21. (1) The Government or such other authority, whfle exercising powers under section 20, shall bedeemed to be a Civil Court der section 141 of the Code of Civii Procedure, 1908 and shall Ve the powers of Civil Court under Civil Procedure Code (Central 5 of 1908). . . (2) The scOpe of inquiry shall be restricted to the consi- gtggcratxon of the matter referred to the Government or such other ofiiccn ii ‘ the Government may authorise in this behalf. 122; The decision under section 21 shall be enforceable as a decree iOf civil court. ' ' 23. On the determination of the compensation under suh-section {(1)01' section 18 or on the making of an award under sub—section (2) 139'" aetion 18 or if an “application is made under section 20 against (2) An application under sub-section (1) shall be made in such' Compensa- tion not adnnss'iblc. Application against award. \ Procedure and powers of authorities in deciding applicafiem under Sec. 20. Decision en- forceable u ‘ decree of civil court. Payment under award. 8 such aWard after decision of the anthority, the compensation shaii’fi be paid by Flood Zoning Authority and the provisions of sections??? 31 to 35 (both inclusive) of the Land Acquisition Act, 1894 (Central Actf 1 of 1894).shal-1 apply to such payment. ' CHAPTER—VII .» POWER TO REMOVE OBSTRUCTIONS AFTER PROHIBITION POWer to, 24. (l) The Flood Zoning Authority may, in accordance with remove the provisions of this Act, within such time as may be specified, obstructions. direct any owner or occupier of iand to do any act or to remove any unauthorised obstruction within such time as may be specified by it and such owner or occupier shall do such act or remove the obstniction. ' (2) If the owner or occupier fails to comply with the order of the '2 Flood Zoning Authority Within the time Specified under sub—section (1), the Flood Zoning Authority may cause the act to be performed or 1 cause the obstruction to be removed. (3) A11 expenses incurred by the Fleod Zoning Authority under this section shall be recovered from such owner or occupier as . arrears of land revenue; ' CHAPTER— VIII MISCELLANEOUS preventing 25. Any persen who prevents the Flood _Zom‘ng Authority in dis- Flood 230nm; charging any .Act imposed on such Authority by or under this Act, V fig‘a‘fggh” shall be deemed to have committed an offence under section 186 Many Act of the Indian Penal Code (Central Act 45 of 1860). to be ofi'enee' ‘ Flood ZOning 26. The Flood Zoning Authofity and other Ofiicers and employees Authority & authorised under this Act shall be deemed to be public servants within ggggfig themeaning of section 21 of the Indian Penal Code (Central Act 45 of servants. 1860)‘ notation of 27. (1) No suit, presecution or other legal proceeding shall lie ,actionialcen . against the Government or any authority on person exercising .any 1“ 3‘10“ mm. power or performing any duty under this Act for anything which is- in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No. suit or other legal proceeding shall he against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pur- suance of this ACt or any rule or order made thereunder. Rmvuy 28. A11 fines imposed under this Act shall be recovered in the‘ of fine. - manner provided in the Code of Criminal Procedure, 1973. (Central, Act 12 of 1973). _ j yam“, 29. A civil court shall have jurisdiction to settle, decide or deal“ mkemkt. with any question which is by orunder this Act required to be settled, “ decided or dealt with Authority by the Flood Zoning Authority or. such other ofiicer authorised by the State Government in this behalffi 9 t; (’1) The State Government may, by notification in the official Power to e, make rules to carry out the purpose of this Act. make rules. 2) In partieular and without prejudice to the generality of faggoing provmons, such rules may provide for :— (a) the manner in which charts and records: shall be maintained ; (b) the form and manner in which application under section 20 shall be made and the manner in which SUCh appli— cations shall be di5poscd ofl'; ' '(c) any other matter which has to be, or may be prescribed. (3) Every rule made under this Act shall be laid, as Soon tamay be after it is made, before the House of the State Legislature while ' in session for a .total period of fourteen days which may be prised in one session or two or more successive session and if ' are the expiry of the session immediately following the session or e successwe sessxons aforesaid, the House agrees in making any :z'fodification in the rule, or the House agrees that the rule should fiat be made, the rule shall thereafter have effect only in such mo- ”aqfied form or be of no effect, as the case may be, so, however, ’at any such modification or annulment shall be without prejudice ?o the validity of anything previously done under that rule. Printed by the Supdt., Ptg. & Sty., Manipur at the Govt. Press, Impha1/350«Gil-9-78.