The Assam Hill Land and Ecological Sites (Protection and Management) Act, 2006
#### ''T^b'g'3’ - w / m Registered No. 768/97

# THE ASSAM GAZETTE

### EXTRA ORDINARY

## w  w r w ite

### PUBLISHED BY AUTHORITY

#### 20 20t5i1^T§t, 2007, TO 1928 (’RJ)
 No. 20 Dispur, Saturday, 20th January, 2007, 30th Pausha, 1928 (S.E.)

 GOVERNMENT OF ASSAM
 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

 NOTIFICATION

r

#### The Wth Jantiary<20ft7 •

 No. LGL. 169/2005/13. - The following Act of the Assam Legislative Assembly which
 received the assent of the Governor is hereby published for general information.


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102 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007_________

THE ASSAM ACT NO. V OF 2007

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

L

**THE ASSAM HILL LAND AND ECOLOGICAL SITES**

**(PROTECTION AND MANAGEMENT) ACT, 2006**

AN

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

Preamble 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: -

Short title, extent 1. (1) 'This Act may be called the Assam Hill land and Ecological Sites
and commencement

(Protection and Management) Act, 2006

(2) It extends to the whole of Assam.

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

notification in the Official Gazette, appoint.

Definitions 2. In this A ct, 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;

(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 -


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THE ASSAM GAZETTE, EXTRAORDINARY JANUARY 20, 2007 103

(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 the in his name;

Prohibition of 3. No person shall -

Damage and

(i) indulge in or undertake any earth cutting activities or carry any

destruction in the
Designated Area 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.

Declaration of 4. (1) Government may, on its own motion or on receipt of a report from the

Designated Area

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) 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.


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104 THE ASSAM GAZETTE. EXTRAORDINARY, JANUARY 20, 2007

(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.

Constitution of 5. (1) The Government may, by notification in the Official gazette, with effect
advisory

from the date specified therein constitute the following two Advisory

Committees

Committees, one in respect of the Kamrup (Metropolitan) District and ther

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 Member Secretary

(iii) Sitting Members of Parliament Member

Guwahati Constituency

(iv) Sitting Members of Legislative Assembly Members

Kamrup (Metropolitan) District

(v) One Representative of Soil Conservation Department Member

(vi) One representative of Environment & Forest Department Member

(vii) Director of L and Records & Surveys Member

(viii) Chief Executive Officer Guwahati Metropolitan

Development Authority Member

(ix) Commissioner Guwahati Municipal Corporation Member

(x) President of Zilla Parishad,

Kamrup (Metro)District 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 Dis trict Member

(iv) Sitting Members of Legislative Assembly Member

of the District

(v) The District Officer Soil Conservation Department Member

(vi) The DFO, Environment & Forest Department Member

(vii) Representative of Director of the L and Records Member

(viii) President of Zilla Parishad Member


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THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20. 2007 105

Powers and 6. Subject to the provisions of this Act and the rules framed thereunder, the

Functions of

powers and functions of the Advisory Committee shall be-

the Advisory
Committee.

(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 purposes of this Act.

Term of Office 7. (1) The Chairman and the Members of the Advisory Committee shall
of the Chairman

hold office for a term of three years from the date specified in the

and Members.

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.

Dissolution of the 8. (1) The Government, may dissolve the Advisory Committee if in its opinion
Advisory Committee

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 cau: e 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,


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106 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007

(d) circumstances have so arisen that the Committee is rendered unable Jn

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.

Disqualification 9. (1) A person shall not be qualified for being nominated or continuing as
of Chairman

Chairman or a Member of the Advisory Committee, if -

and Members

(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.

Filling of a 10. When the office of the Chairman or Member becomes vacant by death or
vacancy.

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.

Vacancies etc 11. No act or proceeding of the Advisory Committee shall be invalid by reason
Not to invalidate

only of the existence of any vacancy amongst its members or any defect in the

the proceedings
of the Advisory constitution thereof.
Committee
Preparation of 12. As soon as may be after declaration of a designated area, declaration under
Management

section 4, the Government shall prepare, in consultation with the Advisory

Plan

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 shall be

managed, protected and preserved under the Act;


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_THE ASSAM GAZETTE, EXTRAORDINARY JANUARY 20, 2007_ 102

Private Land 13. 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 the 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.

(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.


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108 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007

Duties of the 14. The registered owner in respect of an area declared as Designated Area

Registered Owners 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.

Power of the 15.

If in the opinion of the Government, any particular area within the meaning of

Government to
stop development hill land or ecological sites which are not declared as Designated Area is
and other activities

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 are a and direct the Advisory Committee to submit

reports regarding the declarati on of the area as Designated Area.

Certain works 16.

(1) No person shall carry on'; any research work, survey, soil testing etc. of

within the
Designated any nature on any Designate! Area without obtaining a research permit for
Area subject to

the purpose from the conceme d Deputy Commissioner.

obtaining of permit

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

Commissioner may issue i esearch permit authorizing any person or body
of persons to conduct loc< il enquiry, survey and soil testing etc. for the
purpose of this Act.

(3) The authorization of this ki nd shall be subject to the following:-

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

prescribed;

(b) the applicant n lust be competent to conduct the minor works

as proposed in sub-section (1);

(c) t he permit hole .er must submit a report on the work done to

the Deputy Cot imissioner within the time specified on the
permit and in si ch detail as the Deputy Commissioner may
require; and


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(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.

Termination of *7- (1) Where it appears to the Advisory Committee of any district that the
Designated Area

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.

Powers of the 18. Subject to the provisions of this Act and
Civil Court the rules made thereunder, the Advisory
in empowering Committee or any officer exercising **Central Act V of 1908**
attendance etc 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;

(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.

Penalty 19. 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


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imprisonment for a term not exceeding six months or with fine which may

extend to five thousand rupees or with both.

Cognizance of 20. 20. No court inferior to that of a Judicial Magistrate of the First class shall try

offence

any offence under this Act.

Offences to be 21. Offences under this Act shall be tried

tried summarily summarily under the provisions of the **Central Act 2 of 1973**

Code of Criminal Procedure 1973,
No Civil Court shall have jurisdiction to entertain any suit or proceedings in

Bar of 22.

Jurisdiction of respect of anything done, any action taken or order or direction issued by the
Civil Court

Government or any other authority or officer in pursuance of any power

conferred by or in relation to or his functions under this Act.

Protection of 23. (1) No suit, prosecution or other legal proceedings shall lie against any person

Action taken in

for anything in good faith done or intended to be done in pursuance of this

good faith

Act.

(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 thereunder.

Delegation of 24- The Government may, by notification in the Official Gazette, delegate any of
Power

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

Savings 25- if operations of nay 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,

Rule making

26 (1) The Government may make rules for carrying out the purposes of this Act.

Power

(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 ofboth 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;


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#### THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007

 (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 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 ho 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.

 Interpretation 27. If any question arises as to the interpretation of the provision of Act or the

 rules made there-under, the same shall be referred to the Government whose

 decision thereon shall be final.

**M. A. HAQUE**

**Secretary to the Govt, of Assam,**

**Legislative Department.**

GUWAHATI-Printed and published by the Dy. Director (P&S) Directorate of Ptg. a~ndSty., Assam, Guwahati-21

(Ex-Gazette) No 39-500+600-20-1-201/7


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