Assam Hill Land and Ecological Sites (Protection and Management) Act, 2006
No: 5 Dated: Jan, 20 2007
THE ASSAM HILL LAND AND ECOLOGICAL SITES (PROTECTION AND MANAGEMENT) ACT, 2006
ASSAM ACT NO. V OF 2007
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: -
1. Short title, extent and commencement:- (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.
(3) It shall come into force on such dates as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- 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;
(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 the in his name;
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 a hill land causing damage or destruction of such h ill;
(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