Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005
No: 17 Dated: Nov, 11 2005
THE JAMMU AND KASHMIR FLOOD PLAIN ZONES (REGULATION AND DEVELOPMENT) ACT, 2005
(Act No. XVII of 2005)
An Act to provide for zoning of flood plains and rivers in the State and regulation of developmental activities in the flood plains with a view to restrict the damage caused by floods and for matters incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-sixth Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may he called the Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005.
(2) it extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Act" means the Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005;
(b) "flood plain" includes water channel, flood channel and that area of nearby low land as may be susceptible to flood inundation;
(c) "flood plain zoning" means retracting any human activity in flood plains of a river where the plains are created by overflow of water from the channels of rivers and streams;
(d) "flood zone" means the area which is required to carry the flow of the maximum probable floods;
(e) "Flood Zoning Authority" in relation to a river, means the authority appointed by the Government under sub-section (3) of section 3;
(f) "land" includes interest in land, benefits arising out of land and things attached to earth or permanently fastened to anything attached to the earth:
(g) "occupier" in respect of any land, means any person who has any interest in the land and cultivates the land himself or through his servants or by hired labour and includes a tenant;
(h) "owner" in relation to any land includes any person having interest in such land;
(i) "prescribed" means prescribed by rules made by the Government under the Act;
(j) "prescribed authority" means the person or authority as the Government may in this behalf appoint;
(k) "river" includes its tributaries;
(l) "Special Tribunal" means the Special Tribunal established under section 4 of the Jammu and Kashmir Special Tribunal Act, 1988;
(m) "water channel" means the channel in which the flow of a river are generally confined.
CHAPTER II
Powers of the Flood Zoning Authority
3. Declaration of flood plain zoning. - (1) Where the Government considers it necessary or expedient to do so, it may by notification in the Government Gazette, declare the flood plain zoning in respect of a river that flows in the State shall be made in the manner hereinafter specified.
(2) The Government may direct that a survey be made of the notified river for the purpose of determining the limits within which the provisions of the Act are to be applied and that proper charts and registers be prepared specifying all boundaries and landmarks and any other necessary matters for the purposes of ascertaining such limits.
(3) The Government may, by notification in the Government Gazette, appoint the Deputy Commissioner of the District or such other authority as it may consider necessary, as the Flood Zoning Authority for the purposes of making a survey of the area as required under sub-section (2).
4. Powers and functions of the Flood Zoning Authority. - The Flood Zoning Authority shall exercise the powers and discharge the duties in accordance with the provisions of the Act.