The Uttarakhand Flood Plain Zoning Act
uttarakhand · 2013
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Uttarakhand Flood Plain Zoning Act, 2012
- S. 2Section defines key terms for flood plain zoning, including flood plain, flood plain zoning, flood zone, and flood zoning authority.
- S. 3The Uttarakhand Flood Plain Zoning Act empowers the State Government to declare flood plain zoning, conduct river surveys, and appoint a Flood Zoning Authority.
- S. 4Section 4 empowers the Flood Zoning Authority to exercise powers and fulfill duties under the Act and specified conditions.
- S. 5Section 5 mandates the Flood Zoning Authority to survey, zone, and map flood plains to protect public health and property.
- S. 6Section 6 authorizes the Flood Zoning Authority to survey, mark, and measure land for flood zoning, with limited exceptions for entering private properties.
- S. 7Section 7 mandates compensation for land damage by authorized officers and finality of their decisions, with disputes referred to the State Government.
- S. 8The Uttarakhand Flood Plain Zoning Act allows the State Government to declare flood plain areas and restrict land use via official notification.
- S. 9Section 9 mandates the Flood Zoning Authority to publicly announce flood zoning notifications and provide detailed records for public inspection.
- S. 10Section 10 allows objections to flood plain zoning limits and restrictions, with the Flood Zoning Authority considering them and forwarding proposals to the State Government.
- S. 11Section 11 empowers the State Government to alter flood plain boundaries and declare applicable areas, ensuring rehabilitation for existing colonies.
- S. 12Section 12 allows the State Government to prohibit or restrict activities in flood plains to protect public health and safety, with specific timelines and penalties.
- S. 13Section penalizes unauthorized activities in flood plain zones with fines and imprisonment, with additional daily fines for continued offenses.
- S. 14Section 14 allows authorized officers to accept a fine up to ₹1,000 to discharge offenders without further proceedings.
- S. 15Section 15 allows aggrieved parties to appeal flood zoning decisions to a state-prescribed authority within 90 days.
- S. 16The section allows the State Government to review Flood Zoning Authority records and make orders, but must provide a hearing before making prejudicial changes.
- S. 17Section 17 provides compensation for damages due to denied flood plain activities, based on land value differences.
- S. 18Section 18 outlines the process for determining compensation and its apportionment in flood plain zoning disputes.
- S. 19Section 19 of the Uttarakhand Flood Plain Zoning Act prohibits awarding compensation for certain restrictions and unauthorized activities.
- S. 20Section 20 outlines the procedure for aggrieved parties to appeal a Flood Zoning Authority award to the State Government.
- S. 21Section 21 treats applications under section 20 as civil court proceedings, allowing authorities to exercise civil court powers.
- S. 22The decision under section 21 shall be enforceable as a decree of a civil court
- S. 23Section 23 mandates compensation payment by Flood Zoning Authority after determination or award, applying Land Acquisition Act provisions.
- S. 24Section 24 mandates the Flood Zoning Authority to direct land owners to remove obstructions, with penalties for non-compliance.
- S. 25Section 25 penalizes obstruction of the Flood Zoning Authority's duties under the Uttarakhand Flood Plain Zoning Act.
- S. 26Section 26 deems authorized officers under the Uttarakhand Flood Plain Zoning Act as public servants, protecting their good faith actions.
- S. 27Section 27 provides immunity from legal proceedings for actions taken in good faith under the Uttarakhand Flood Plain Zoning Act.
- S. 28Section 28 mandates fines under the Uttarakhand Flood Plain Zoning Act to be recovered per the Code of Criminal Procedure, 1973.
- S. 29Section 29 grants civil courts jurisdiction to resolve questions related to flood plain zoning as mandated by the Act.
- S. 30(1) The State Government may, by notification in the Official Gazette make rules to carry out the purposes of this Act
- S. 31Repeal and Saving 16 THE UTTARAKHAND FLOOD PLAIN ZONING ACT, 2012 [UTTARAKHAN