Arunachal Pradesh land and Ecological (Protection and Management) Act, 2018
No: 13 Dated: May, 15 2018
THE ARUNACHAL PRADESH LAND AND ECOLOGICAL SITES (PROTECTION AND MANAGEMENT) ACT, 2018
(ACT No. 13 OF 2018)
An Act to provide for preservation, protection, acquisition and maintenance of land and other ecological sites of the state and more specifically within the jurisdiction of the Administrative Headquarters and Urban Centres of the State and matters connected therewith or incidental thereto ;
Whereas, it is expedient to provide for preservation, protection, regulation and maintenance of Government land meant for development of towns and settlements and other ecological sites of the State and more specifically within the jurisdiction of the Administrative Headquarters and Urban Centres of the State and to protect such land and ecological sites from unauthorized encroachers, wanton earth cutting, encroachment for habitation in the manner hereinafter appearing ;
Be it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-nineth Year of the Republic of India as follows :-
1. Short title, extent and commencement:- (1) This Act may be called the Arunachal Pradesh land and Eological (Protection and Management) Act, 2018.
(2) It extends to the whole of Arunachal Pradesh.
(3) It shall come into force on the date of its publication in the Offical Gazette.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context-
(a) “District Advisory Committee” means the District 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 Arunachal Pradesh which is ecologically fragile, sensitive and prone to soil erosion other than the areas notified under forest laws as Reserve Forest, Anchal Reserve Forest, Village Reserve Forest, Community Reserve, Wildlife Sanctuaries, National Parks, Tiger Reserve, Elephant Reserve, Biosphere Reserve and protected Forests but are in existence as :-
(i) permanent water source catchment or watershed areas of the locality ;
(ii) all along drainage system like river, rivulets, small nallahs, feeding channels, any water bodies like ponds, lakes, swamps and marshy land having potentiality of becoming water sources ;
(iii) and area/space having rich Biodiversity of flora and fauna requiring preservation of the locality ;
(iv) and any local area having prone to soil erosion requiring adequate protection ;
(v) any marshy land, ponds, lakes and swamp;
(e) “Government”, means the Government of Arunachal Pradesh ;
(f) “Land”, means any land including any local area which is not a reserve forest, wildlife sanctuary and ecological site declared under relevant Forest Acts and any other law for the time being in force;
(g) “Community land” means any land belonging to or owned by a community which is under any customary or transitional law.
(h) “private land” means the land belonging to an individual, family or a group which is recognised by custom or tradition or by way of registration.
(i) “Prescribed” means prescribed by rules made under this Act;
(j) “Registered Owner” means an owner of land whose name has been recorded in the land records as maintained by Government under the Arunachal Pradesh (Land Settlement and Records) Act, 2000 or any other revenue laws for the time being in force and who has valid registered deed in respect of the land in his/her name.
(k) “Community” means residents of a village as a whole and includes a clan, sub-clan or kindred ;
(l) “Competent Authority” in relation to any provision, means any officer appointed by the Government to be the competent authority for the purpose of that provision ;
(m) “Government land” means any land acquired by the Government under any law for the time being in force or through donation of the public for establishment of Administrative Headquarter, Government Institutions and facilities under various wings of the Government or such land as defined under section-9 of the Arunachal Pradesh (Land Settlement and Records) Act, 2000.
3. Prohibition of Damage and destruction in the Designated Area:- . No person shall--
(i) indulge in or undertake any earth cutting activities or carry any portion of land which is likely to cause a public nuisance or that is not in the interest of the general public or likely to cause damage to ecological system of the area ;
(ii) remove, fill up, dredge or any form of land which may cause damage/ destruction of flora and fauna of the land.
(iii) do any such activity which may cause damage or destruction of biodiversity and natural resources of any designated area.