Meghalaya protection of Catchment Areas Act, 1990
No: 4 Dated: Apr, 27 1992
THE MEGHALAYA PROTECTION OF CATCHMENT AREAS ACT, 1990
ACT NO. 4 OF 1992
An Act To provide for the protection of catchment areas with a view to preserve water sources and to make provisions for matter connected therewith.
WHEREAS, water is so vital to human life and community;
AND, WHEREAS, water sources in the hill areas are dwindling due to denudation of and inconsistent activities in the catchment areas.
AND, WHEREAS, it has become necessary to take regulatory measures to protect and improve the environment and the catchment areas and thereby preserve the water sources therein and augment the yield of water from such sources, streams and rivulets;
BE, it enacted by the Legislature of the State of Meghalaya in Forty-first year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya protection of Catchment Areas Act, 1990.
(2) It extends to the whole of the State.
(3) It shall come into force on such date as Government may by notification appoint.
2. Definitions:- In this Act unless there is anything repugnant in the subject or context-
(a) ‘Act’ means the Meghalaya Protection of Catchment Areas Act, 1990;
(b) ‘Advisory Board’ means the Catchment Areas Advisory Board constituted under section 3;
(c) ‘Catchment area’ means as area where springs streams, rivulets and water sources originate and serve as a potential source of perential flow of water;
(d) ‘Critical catchment area’ means the area from where springs, streams, rivulets and water heads originate and serve or can potentially serve the water supply system of any village or town or a group of them and the preservation of which is so vital for the life and health of the community;
(e) ‘Competent Authority’ means the competent authority appointed under section 12;
(f) ‘Government’ means the Government of the State of Meghalaya;
(g) ‘Land owner’ means a proprietor or patta holder and includes a person having interest in the land under this Act;
Explanation: ‘land’ for the purpose of this Act includes trees, buildings and standing crops on it
(h) ‘measures’ means the measures specified in section 6;
(i) ‘non-critical catchment area’ means a catchment area which is not a critical catchment area;
(j) ‘notification’ means notification by Government published in the Gazette of Meghalaya;
(k) ‘prescribed’ means prescribed by rule made under this Act;
(l) ‘section’ means a section of the Act
3. Constitution of a Catchment Area Advisory Board:- (1) There shall be constituted a Board to be known as the Meghalaya Catchment Areas Advisory Board to advise the Government on matter connected with thecatchment areas and their protection;
(2) The Advisory Board shall consist of the following members: namely:-
(a) The special Secretary/Secretary, Forest and Environment Department of the Government as Chairman;
(b) The Chief Conservation of Forest;
(c) The Director of Soil Conservation;
(d) The Director of Agriculture;
(e) The Chief Public Health Engineer;
(f) The Director of Health Services;
(g) The Director of Mineral Resources;
(h) The Director of Urban Development;
(i) The Chief Executive Officer/Chairman of the Municipality concerned;
(j) The Chief Executive members of the Autonomous District Councils of their representatives on where there are no Chief Executive members by reasons of the functions of the District Councils having been taken over by the Governor of Meghalaya, the respective administrators appointed by him to administer the functions of the Council;
(k) Non-official members to be nominated by Government from time to time; and
(l) Environment experts to be nominated by Government from time to time.
(3) The Board may if it thinks necessary co-opt any person or functionality in any of its sitting to resolve any particular issue or issues.