The ASSAM HILL LAND AND ECOLOGICAL SITES  (PROTECTION AND MANAGEMENT) ACT, 2006 (SINGLE DOCUMENT)
# THE ASSAM ACT NO. V OF 2007


# (Received the Assent of the Governor on 16th January, 2007)


# THE ASSAM HILL LAND AND ECOLOGICAL SITES 


# (PROTECTION AND MANAGEMENT) ACT, 2006


# AN 


**Preamble.**

**Short title,**
**extent and**
**commencement.**


**1.**


# ACT

to provide for preservation, protection, regulation, acquisition, and
maintenance of Hill land and other ecological sites of the State and more
specifically within the jurisdiction of the Guwahati Municipal Corporation
and for matters connected therewith or incidental thereto

Whereas it is expedient to provide for preservation, protection,
regulation and maintenance of Hill land and other ecological sites of the
State and more specifically within the jurisdiction of the Guwahati
Municipal Corporation and to protect the said hill land and ecological sites
from unauthorized encroachers, wanton earth cutting, encroachment for
habitation in the manner hereinafter appearing;

It is hereby enacted in the fifty-seventh Year of the Republic of India
as follows: 
(1) This Act may be called the Assam Hill land and Ecological Sites

(Protection and Management) Act, 2006


(2) It extends to the whole of Assam.


**Definitions.** **2.**


(3) It shall come into force on such dates as the State Government may,

by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context,
(a) "Advisory Committee" means the 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;


-----

**Prohibition of**
**Damage and**
**destruction in**
**the Designated**
**Area.**

**Declaration of**
**Designated**
**Area.**


**3.**

**4.**


(d) "Ecological Sites" means and includes any area within the State of

Assam which is not reserve forest or a sanctuary declared under any
forest law for the time being in force but which are in existent as –

(i) permanent water source of a particular locality;

(ii) a drainage system, feeding channel, any water body having and

potentiality of becoming water source;

(iii) any local space which preserves any wild variety of valuable

flora and fauna;

(iv) any local area having specific soil qualities that needs adequate

protection, and

(v) any marshy land, ponds, lakes and swamp;

(e) "Government" means the Government of Assam;

(f) "Hill land" means any land covered by hillocks or hills and includes

any local area which is not reserved forest or a sanctuary declared
under any forest law for the time being in force;

(g) "private land" means the land owned by a registered owner;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "Registered Owner" means an owner of land whose name has been

recorded in the land records as maintained by Government under the
Assam Land and Revenue Regulation or any other revenue laws for
the time being in force and who has valid registered deed in respect
of his name;

No person shall –

(i) indulge in or undertake any earth cutting activities or carry any
portion of a hill land causing damage or destruction of such hill ;

(ii) remove, fill up, dredge or in any way alter any of the ecological

sites ; and

(iii) do any such activity which may cause damage or destruction to the

vegetative cover and wildlife resources of any designated area.

(1) Government may, on its own motion or on receipt of a report from

the Advisory Committee declare any Hill land or ecological sites as
designated Area by notification published in the Official Gazette and
to take effect from the date of publication of the said notification.

2


-----

**Constitution of**
**advisory**
**Committees.**


**5.**


(2) The notification under sub section (1) shall clearly indicate the hill

land and ecological sites in two distinct and separate lists containing
full description and particulars including boundaries relating to the
hill 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.

(1) The Government may, by notification in the Official gazette, with

effect from the date specified therein constitute the following two
Advisory Committees, one in respect of the Kamrup (Metropolitan)
District and the other for the rest of the districts where this Act is
applicable to be called the Hill land and Ecological Sites (Protection
and Management) Advisory Committee with the following, namely:

(a) The Advisory Committee for the Kamrup (Metropolitan) District:


(i) Commissioner of Lower Assam Division Chairman


(ii) Deputy Commissioner Kamrup (Metro)
District

(iii) Sitting Members of Parliament Guwahati
Constituency

(iv) Sitting Members of Legislative Assembly
Kamrup (Metropolitan) District

(v) One representative of Soil Conservation
Department

(vi) One representative of Environment & Forest
Department


Member
Secretary

Member

Members

Member

Member


(vii) Director of Land Records & Surveys Member


(viii) Chief Executive Officer Guwahati

Metropolitan Development Authority

(ix) Commissioner Guwahati Municipal
Corporation

(x) President of Zilla Parishad, Kamrup (Metro)
District


Member

Member

Member


(b) Advisory Committee for the rest of the districts of the State of

Assam:

(i) Commissioner of Division Chairman

(ii) Deputy Commissioner of the District Member
Secretary

(iii) Sitting Members of Parliament of the District Member

3


-----

(iv) Sitting Members of Legislative Assembly of
the District

(v) The District Officer Soil Conservation
Department

(vi) The DFO, Environment & Forest
Department

(vii) Representative of Director of the Land

Records


Member

Member

Member

Member


**Powers and**
**functions of the**
**Advisory**
**Committee.**

**Term of Office**
**of the**
**Chairman and**
**Members.**


**6.**

**7.**


(viii) President of Zilla Parshad Member

Subject to the provisions of this Act and the rules framed thereunder,
the powers and functions of the 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.


(vi) to do any work as may be assigned to it by the Government for

carrying out the purposes of this Act.

(1) The Chairman and the Members of the Advisory Committee shall

hold office for a term of three years from the date specified in the
notification in constituting the Advisory Committees under
section 5.

(2) The Advisory Committees shall hold their meetings in the

concerned head quarter of the district or such other place or
places as may be determined by the Chairman from time to time.

(3) The procedure and conduct of business of the Advisory

Committee Meeting including quorum shall be such as may be
prescribed.

4


(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;


-----

**Dissolution of**
**the Advisory**
**Committee.**

**Disqualification**
**of Chairman**
**and Members.**

**Filling of a**
**vacancy.**


**8.**

**9.**

**10.**


When the office of the Chairman or Member becomes vacant by death
or otherwise, a new Chairman or Member, as the case may be, shall be
appointed by the Government in his place and such Chairman or
Member shall hold office for the rest of the term which the Chairmen
or Member would have enjoyed had such vacancy not occurred.

5


(1) The Government, may dissolve the Advisory Committee if in its

opinion the 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 Advisory
Committee for such period not exceeding one year at a time and
declare that all the powers and duties of the Advisory
Committee shall during the period of dissolution and until the
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.

(1) A person shall not be qualified for being nominated or

continuing as Chairman or a Member of the Advisory
Committee, if –


(a) he is not a citizen of India; or,


(b) he has been and is convicted for an offence involving moral

turpitude; or,


(c) he is of unsound mind;


(d) he is undischarged insolvent;


(e) involves in corrupt practices.


-----

**Vacancies etc.**
**Not to**
**invalidate the**
**proceedings of**
**the Advisory**
**Committee.**

**Preparation of**
**Management**
**Plan.**


**11.** No act or proceeding of the Advisory Committee shall be invalid by
reason only of the existence of any vacancy amongst its members or
any defect in the constitution thereof.


**12.**


As soon as may be after declaration of a designated area, declaration
under section 4, the Government shall prepare, in consultation with the
Advisory Committee, a Management Plan in respect of the concerned
Designated Area, which shall contain amongst others: 
(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.

Where the lands to be so designated is owned by a registered owner –

(1) The Deputy Commissioner shall cause notice of the intention to

declare any private land as Designated Area to be served upon
such registered owner not less than thirty days prior to declaration
inviting objection, if any.

(2) The Deputy Commissioner shall dispose off the objection after

giving a reasonable opportunity of being heard to this registered
owner and then arrange to publish a draft notification in Official
Gazette.

(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 is part may, within
thirty days from the date of such notification, prefer an appeal
before the Assam Board of Revenue. The Assam Board of
Revenue will take up the case as if a case received under Section
151 of the Assam Land and Revenue Regulation, 1886 and
dispose off accordingly.

(4) After hearing the registered owner or after final disposal of

appeals by the Assam Board of Revenue, the Deputy
Commissioner with the concerned Advisory Committee,

recommend the area for declaration as Designated Area to the
Government.

6


**Private Land.** **13.**


-----

**Duties of the**
**Registered**
**Owners.**

**Power of the**
**Government to**
**stop**
**development**
**and other**
**activities.**


**14.**

**15.**


(5) After declaration of the Designated Area as Designated Area by

the Government under section 4 the registered 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
make every effort to remove and rehabilitate elsewhere the
registered owner residing within the Designated Area with full
compensation equivalent to the market value of the land. The
Deputy Commissioner shall forward such cases to the
Government for recommendation.

(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 registered owner, may take appropriate steps
invoking the provisions of the Land Acquisition Act, 1894 to
acquire the land with the approval of the Government.

The registered owner in respect of an area declared as Designated Area
shall –

(1) if it is a hill land –

(a) take all possible measures to prevent probable landslide;

(b) take prior approval of the Advisory Committee for raising any

guard wall including its design if he propose to raise any guard
wall for protection of the hill land;

(c) not undertake construction of any house without the prior

approval of the Advisory Committee;

(d) report to the Deputy Commissioner of the district or the

Advisory Committee about any unnatural fault, crack on the
hill slope or sliding of land and/or boulder, trees etc.

(2) If it is an ecological site, take all possible measures to inform the

Deputy Commissioner of the District or the Advisory committee
about any incident that might lead to degradation of the water
body or pose a threat to the ecological site.

If in the opinion of the Government, any particular area within the
meaning of hill land or ecological sites which are not declared as
Designated Area is threatened with destruction by reason of
commercial, industrial or other development activities, the

Government may order the stoppage of such activities in whole in that
area and direct the Advisory Committee to submit reports regarding
the declaration of the area as Designated Area.

7


-----

**Certain works**
**within the**
**Designated**
**Area subject to**
**obtaining of**
**permit.**

**Termination of**
**Designated**
**Area.**


**16.**

**17.**


(1) No person shall carry out any research work, survey, soil testing

etc. of any nature on any Designated Area without obtaining a
research permit for the purpose from the concerned Deputy
Commissioner.

(2) The Deputy Commissioner or any person authorized by the

Deputy Commissioner may issue research permit authorizing
any person or body of persons to conduct local enquiry, survey
and soil testing etc. for the purpose of this Act.


(b) the applicant must be competent to conduct the minor

works as proposed in sub-section (l);

(c) the permit holder must submit a report on the work done to

the Deputy Commissioner within the time specified on the
permit and in such detail as the Deputy Commissioner may
require; and

(d) the permit holder must deliver possession of all items

recovered, any species collected, report prepared while
working in pursuant to the research permit to the Deputy
Commissioner.

(1) Where it appears to the Advisory Committee of any district that

the continuation of any area as Designated Area is no longer
necessary, the 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 Advisory committee shall give notice in respect
of the proposed recommendation in a widely circulated daily
news paper giving at least thirty days time inviting objections or
suggestions from the public and where the land is privately
owned, the notice shall be served on the registered owner.

(3) The Committee shall, considering the objections and

suggestions received within the stipulated period, make a
recommendation to the Government for termination of the
Designated Area under sub-section (1).

(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
concerned list of the Notification issued under section 4.

8


(3) The authorization of this kind shall be subject to the following:

(a) the application must be made on such form as may be

prescribed;


-----

**Powers of the**
**Civil Court in**
**empowering**
**attendance etc.**


**18.**


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, 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;


**Central**
**Act V of**
**1908.**

**Central**
**Act 2 of**
**1973.**


**Penalty.** **19.**


**Cognizance of**
**offence.**

**Offences to be**
**tried**
**summarily.**

**Bar of**
**Jurisdiction of**
**Civil Court.**

**Protection of**
**Action taken in**
**good faith.**


**20.**

**21.**

**22.**

**23.**


(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 proceedings 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.

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 five thousand rupees or with both.

No court inferior to that of a Judicial Magistrate of the First class shall
try any offence under this Act.

Offences under this Act shall be tried summarily under the provisions
of the Code of Criminal Procedure, 1973

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.

(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.

9


-----

**Delegation of**
**Power.**


**24.**


**Savings.** **25.**


**Rule making**
**Power.**


**26.**


(2) No suit or legal proceeding shall lie against 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 there under.

The Government may, by notification in the Official Gazette, delegate
any of its powers except powers under section 26 to be exercised by
any authority subordinate to it subject to such reservation as may be
specified in the notification.

If operations 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 of the matter in a manner not
inconsistent with the provisions of this Act.

(1) The Government may make rules for carrying out the purposes

of this Act.

(2) Without prejudice to the generality of the foregoing provision,

the rules shall contain any one or more of the following:

(i) for the classification of both Hill land and ecological Sites

and the uses to which each classification can be put;

(ii) for the control of entry into a special place and the control

of activities within such cases.


(iii) respecting the control, regulation, restriction and

prohibition of any kind of use, development or occupation
of the land or any of the natural resources in the Designated
Area.

(iv) respecting the sign, plaques and markers to be placed at a

special place;


(v) determining measures including financial incentives to

encourage the identification, preservation and protection of
such hill land and ecological sites ; and

(vi) respecting generally any other matter or thing necessary or

incidental to the provisions of this Act.

(3) Every rule made under this section shall be laid as soon as may

be after it is made, before the Assam Legislative Assembly
while it is in session for a total period of fourteen days which
may be comprised in one session or in two successive sessions
and if before the expiry of the session in which it is so laid or
the session immediately following, the Assam Legislative
Assembly agree in making any modification in the rule or the

10


-----

**Interpretation.** **27.**


Assam Legislative Assembly agree that the rule should not be
made the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

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.

11


-----

