The ASSAM HILL LAND AND ECOLOGICAL SITES (PROTECTION AND MANAGEMENT) ACT, 2006 (SINGLE DOCUMENT)
assam · 2007
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The Act establishes the Assam Hill land and Ecological Sites Protection and Management Act, 2006, applicable statewide, with implementation dates set by the State Government.
- S. 2Section defines key terms used in the Act, including "Advisory Committee," "Deputy Commissioner," "Designated area," and "Ecological Sites."
- S. 3Section 3 prohibits earth cutting, ecological site alterations, and activities damaging hill land and wildlife in designated areas.
- S. 4Section 4 allows the government to designate hill land or ecological sites as protected areas via official notification.
- S. 5Section 5 establishes two Advisory Committees to oversee the protection and management of hill land and ecological sites in Assam.
- S. 6Section 6 outlines the powers and functions of the Advisory Committee to recommend and suggest measures for the administration, management, and protection of the Designated Area.
- S. 7Section 7 outlines the term, meeting locations, and business conduct of the Advisory Committee under the Act.
- S. 8Section 8 allows the government to dissolve the Advisory Committee if it fails to perform duties, exceeds powers, or other circumstances arise.
- S. 9Section 9 bars non-Indians, those convicted of moral offenses, unsound minds, insolvents, and corrupt individuals from Advisory Committee roles.
- S. 10Section 10 appoints a new Chairman or Member to fill vacancies, ensuring the Advisory Committee's proceedings remain valid.
- S. 11Section 11 ensures that the Advisory Committee's actions remain valid despite any member vacancies or constitutional defects.
- S. 12Section 12 mandates the government to create a management plan for designated areas post-declaration, detailing protection, preservation, and encroachment removal.
- S. 13Section 13 outlines the process for designating private land as a Designated Area, including notice, objection handling, appeals, and potential relocation of owners.
- S. 14Section 14 mandates registered owners in designated areas to prevent landslides, obtain approvals for constructions, and report ecological threats.
- S. 15The section allows the government to halt development in threatened hill or ecological areas and seek reports for potential designation.
- S. 16(1) No person shall carry out any research work, survey, soil testing etc
- S. 17Section 17 allows the Advisory Committee to recommend terminating a Designated Area if deemed unnecessary, after public notice and consideration of objections.
- S. 18Section 18 grants the Advisory Committee and officers under the Act powers akin to a Civil Court for enforcement and evidence collection.
- S. 19Section 19 imposes penalties for non-compliance with the Act, including imprisonment up to six months or fines up to ₹5,000.
- S. 20No court inferior to that of a Judicial Magistrate of the First class shall try any offence under this Act
- S. 21Section 21 mandates summary trial for offenses under the Act according to the Code of Criminal Procedure, 1973.
- S. 22Section 22 bars civil courts from hearing suits against actions taken by authorities under the Act.
- S. 23Section 23 protects individuals and the government from legal actions for actions taken in good faith under the Act.
- S. 24The government can delegate its powers, except those under section 26, to subordinate authorities by official notification.
- S. 25The section allows the government to compensate and resolve losses caused by the act's provisions on Advisory Committee recommendation.
- S. 26(1) The Government may make rules for carrying out the purposes of this Act
- S. 27Section 27 resolves interpretation disputes about the Act or its rules by referring them to the Government for a final decision.
- S. 1908Penalty
- S. 1973Bar of Jurisdiction of Civil Court