Andhra Pradesh Water, Land and Trees Rules, 2004

Regd, No. HSE-4912003·200S. [PrIce: Rs. 1-20 Ps. RULES SUPPLEMENT TO PART II EXTRAORDINARY OF THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY No.7] HYDERABAD, SATURDAY, NOVEMBER 6, 2004. NOTIFICATIONS BY GOVERNMENT PANCHAYAT RAJ & RURAL DEVELOPMENT DEPARTMENT (R.D.-IV) ANDHRA PRADESH WATER, LANDANDTREESRULES, 2004. (G.O. Ms. No. 339, PanchayatRaj & Rural Development(~.D.-IV). 6th November. 1OO4.J In exercise of the powers conferred, by sub section (1) of section 45 .of the Andhra Pradesh Water. Land and Trees Act, 2002 (Andhra Pradesh Act No 10 of 2002), and in super session of the rules issued in Go. Ms.no 224, PR&RD Dt:151h June. 2002 the Governor of Andhra Pradesh hereby makes the following rules to promote water conservation and tree cover and to regulate the exploitation and use of ground and surface water for protection and conservation of water sources, land and matters connected therewith or incidental thereto in the State of Andhra Pradesh. RULES Short title, extent and commencement G-752/1 1. (1) These rules may be called The Andhra Pradesh Water, Land and Trees Rules, 2004. [11 2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [part n Definitions Appointment of Administrator and the staff in State, District, Divisional and Mandal Authorities (2) They extend to the whole of Andhra Pradesh State. (3) They shall come into force from the date of pu\)l1p.ution in AnrlhtaPradeshGazette. 2. In these rules, unless the context otherwise requires: (1) "Act" meansthe AndhraPradesh Water, Landand Tree? Act, 2002 . (2) «Authority"meansthe AndhraPradesh StateWater, Land and Trees Authority constituted under section :3 of the Act; (3) " Member Secretary" means the member secretary of the Andhra Pradesh State Water. Land and Trees Authority; (4) 'the wonh and Bxpresaionscsed but not defined in theserulesshallhave the samemeaningassigned to them in the Act. 3. (I) (i)The Government rnay designate officers as Administrator who shall assist the Authority in discharging its duties. (ii) The Authority may take on deputation'such other officers or members of staff subordinate to the Administrator eitheron contractbasisor from thesurplusmanpowercell (2) The Member Secretary of the District Authorit~aJJ assist the District Authority in its work and the District Authority may take oncontract basis or from the surplus manpower cell such oth.erofficers or the staff to assist the Member Secretary. (3) The Member Secretary of the Divisional authority shall assist the divisional authority to its work: and the Divisional authority may take on contract basis or from the surplus man power cen such other officers or the staff to assist the Member Secretary. (4) The Member Secretary of the Mandai Authority shall assist the MandaI Authority in its work and the Mandal Authority may take on contract basis or from the surplus manpower cell sach other officers or the staff to assis.t the Member Secretary. (5) The Authority under the provisions of section 5 of the Act. may designate the officers from the departments such as Ground Water, Rural Development, Irrigation; Municipal Adm\\\\'B\tation and Urban development, Pancna:yat Raj. Forest )1' ally' other department or agency as deemed necessary to November 6, 2004] RULES SUPPLEMENT 3 Term of Office of the nominated members of the Authorities Resignation R'emoval from the Authority Allowances District Authority work as Designated or Technical Officers for the purpose of the Act by a separate order. (6)Thepower of designatingthe officers at District andMandai level may be delegated by the State Authority. 4. The term of office of the nominated members of the Authority except those nominated under clause (k) of subsection (2) of section 3 shall be three (3) years from the date of their appointment. 5. (1) A nominated membet of the A.uth<}r\t'j mll'jrt.sign from his office by giving thirty (30) days notice to the Chairman. (2) The power to accept the resignation of a member shall vest with the Chairman who on accepting the resignation shall report to the Authority during it's next meeting, (3) Whenever a nominated member of the Authority resigns or dies or is removed from the office or becomes incapab~ of acting, Government may by notification, in the offici:i gazette appojnta person in the said vacancy, Provided that a person so appointed in the said vacancy shall hold office only for the residue of the period, 6, T4e Government may remove any non-official member from his office if he is of unsound mind, or convicted of a criminal offence involving moral turpitude, or fails to attend more than three successive meetings of the Authority without prior approval of the Chairman, 7, (1) The non-official members of the Authority :;11au IH:: entitled to the travelling and daily allowances as ad'russible to Grade-l officers of the state for attending the meetingsor any other work assigned by the Authority. They should produce a certificate that they have not claimedTravelling Allowance and Dearness Allowance for the same period elsewhere, (2) The Authority may .. designate an officer of the Authority as the controlling officer in respect of payment of allowances. 8. (1) The Government, may, by notification, in consultation with the State Authority constitute the District Authority as. follows (a) The District Collector Ex-Officio Chairman ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II (b) One Member of Parliament and Ex-Officio Members two members of the Legislative Assembly as nominated by the Government. Out of two Members of Legislative Assembly. one shall be preferably from main opposition political party (e) Three Mandai Parishad Presidents Ex-Officio Members and two Zilla Parishad Territorial Constituency members to be nominated by "the Ex-officio Chairman of the District Authority. (d) Joint. Director, Agriculture Ex-Officio Member department (e) Superintending Engineer. Ex~Officio Member Irrigationdepartment (0 Superintending Engineer. Rural Ex-Officio Member WaterSupplydepartment (g) DeputyDirector, GroundWater Department. Ex-OfficioMember (h) Deputy Director. Mines and Ex-Officio Member Geology Department (i) Deputy Conservator of Forests Ex-Officio Member (Planning & Extension). (j) Project Officer/,Integrated Tribal Ex-Officio Member Development Agency / MADA / PTG (k) Regional officer, Andhra Pradesh Ex-Officio Member Pollution Control Board (I) District PanchayatOfficer Ex-OfficioMember (m) An officiaJ from Hyderabad Ex-Officio Member Metropolitan Water Supply and Sewerage Board, in respect of Rangareddy and Hyderabad Districts (n) Municipal Commissioner of Head Ex-Officio Member Quarter Municipality November 6, 2004] RULES SUPPLEMENT (o) Other Non Official persons not exceeding five. who in the opinion of the Bx-officic Chairman of the District Authority are interested in the conservation of natural resources of which one shall belong (0 Scheduled Caste. one to ScheduledTribe and one shall be a woman (p) Director, Urban forestry, HUDA in respec of Hyderabad and Rangareddy districts. Non-Official Members Bx-OfficicMember 5 Divisional Authority (q) Project Director, Drought Prone Ex- officio Member. Area Programme J Dlstrlct Water Secretary Management Agency. (2) The term of the office of Non Official members shanbe three years from thedate of appointment and they are entitledto the allowancesas admissibleto Grade ·1 officers of theState. (3) Resignation O! remcv~J of the members of the District Authority shall be governed in the Same manner as prescribed under rules 5 and 6 of these rules. (4) Thequocucn (' conduct 8. meeting of the District Authority shall be one .'...ird of the total number of the members. I) (l)The Government. may, by notification constitute the Divisional Authority 1.IS fellows: (a) The R.D.O I Sub-Collector Ex-Officio Chairman (b) Three Manda) Parisbad Presidents and TwoRx~Officio Member ZillaParishad Territorial Constituency members to be nominated by the Ex-Officio Chairman of the Diatrlct Authority (c) Deputy Directorof Agriculture(having Ex~Officio Member jurisdiction) (d}-Execuuve Engineer, Irrigation(having Ex~Officio Member jurjsdiction) (e, ExecutiveEngineer, RuralWaterSupply' Ex-Officioconvener (having jurisdiction) (I) Geologist of Ground Waler Dept. Ex-Officio Member 6 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II (g) An officer fromMinesand Geology Dept. (h) Forest Range Officer (having jurisdiction) (i) An officer from APTRANSCO U) Divisional level panchayat officer (having jurisdiction) (k) Commissioner municipality (having jurisdiction) Ex-Officio Member Ex-OfficioMember Ex~Officio Member Ex-Officio Member Ex-Officio Member (2) The quorum to conduct a meeting of the Divisional Authority shall he one third of rhe total number of the members. Mandai Authority 10 (1) The Government may by uctification constitute the Manda1 Authority as follows> (a) Mandai Revenue Officer of the' Ex-Officio Chairman concerned Mandal, (b) MandaiDevelopmentOfficer Ex - Officio Vice Chairman (c) Sarpanch of the MandaI Ex-Officio Member Headquarter GramPanchayat (d) Two Mandai Parishad Territorial Ex-Officio Member Constituency Members of the concerned mandal to be nominated by the Ex-officio Chairman of the Mandal Authority with the approval of Ex-officio Chairman of the District Authority. (e) Assistant Executive Engineer, Ex-Officio Member Irrigation Department. (f) An Officer from Ground water Ex-Officio Member Department. (g) Assistant Director, Agriculture Ex-Officio Member Department. (h) Assistant Project Director, Ex-Officio Member Integrated Tribal Development Agency. November 6, 2004] RULES SUPPLEMENT (i) Forest Section Officer (having Ex-Officio Member jurisdiction) (j) Three non -official members, of Non-Official whom, one shall be a woman, who Members in the' opinion of the Ex-officio Chairman of Mandai Authority are interested in conservation of natural resources or presidents of the Water Users Association or Vana Samrakhan Samithi or Watershed Association to be nominatedwith the approval of the Ex-officio Chairman of the District Authority. 7 (k) An official from havingjurisdiction (I) Assistant Executive Rural Water Supply. TRANSCO Ex- officio Member Engineer, Ex- officio Member secretary (m)Municipal Commissioner (if Ex-officio Member mandaI head quarter happens to be municipality) Note: In the Scheduled Areas. a Scheduled Tribe candidate shall be nominated. In the predominantly Scheduled Castes Mandalvone-of the members shall be from Scheduled Caste (2) The term of the office of Non Official members shall be three years fropt the date of appointment (3) The Mandai Authority shall conduct meetings atleast once in a month and perform such functions as delegated under section 6 and under section 3(6) of the Act, and also other functions as directed by the Government. The Mandai Authority may utilise the services of the Designated Officers and technical officers in discharging of its functions. (4) The quorum to conduct meeting of the Mandai authority shall be one third of the total number of the members. 8 ANDHRA PRADESH GAZETIE EXTRAORDINARY [Part II Meetingsof the State. District, . Divisional and Mandai Authorities Registrationof Wells II. (1) The time. dale and place of the meetingof the State. District,Divisionaland MandaiAuthoritiesshall be fixed by the MemberSecretaryof the respectiveauthorities with the approvalof its Chairman. (2) The DistrictAuthoritymay conduct meetings and perform such functionsas delegatedunder section 7 and under subsection(6) of section 3 of the Act and also other functions as directedby the Governmentand will report to the State Authority throughAdministrator. The District Authoritymay utilize the servicesof the DesignatedOfficers and technical Officers in dischargingof its functions. (3) Sevenclear days noticeof an ordinary meetingand three clear days noticeof a specialmeetingalong "Yith the agenda notes if any, shall be given by the MemberSecretary to the members. (4) Any particularmeeting may adjourn from day to day or to any particulardar and no fresh noticeshall be required for an adjourned meeting. (5) All decisions in a meetingshall be decided by a majority of votes of the memberspresent. Votingshall beby raising of hands in favour of the proposal. In case of equality of votes the presidingofficer shall havea casting vote. (6) The Authoritymay Co-opt any personas an observer for a particularmeetingor period who shall'have no voting: rights. 12. Every owner of the well shall register the well as per subsection (2) of section 8 of the Act by an application giving details as' in Ferm-I appended to these rules . The Town PlanningDepartmentof MunicipalCorporation, Municipalities Hyderabad Water Supply and Sewerage Board, Village Secretariesof the Gram Panchayaths shall facilitate registration of all existing wells in their jurisdiction.The details should be entered in a register as prescribed in Form 1 appended to these rules. November 6, 2004) RULES SUPPLEMENT 9 Permissionfor new wells 13. (1) (i) Any person or institution desiring to dig a new wellof any kind in their premises should obtainpermission by submltting to the Authority having jurisdiction over the area, an application in Form 2 and 5 as the case may be appended to these rules together with a fee as fixed by the authority frcm time to time. Application duly filled in can also be given to concerned village secretary who shall pass it on to mandal authority within two days. The Authority shall process the application with the help of the Designated Officer. The DesignatedOfficerafter examiningthe application shan satisfy himself about the compliance of the'various provisions of the AndhraPradesh Water.Land and Trees Act, 2002 and give his recommendation to the Authority and the said Authority shall dispose off the application within fifteen days of receipt of the application. The Designated Officer while giving recommendation shall comply with the relevant provisions of the Act. Wherever necessary. the District Authority shall take the opinion of the TechnicalOfficer of that area. Every order for permission shall be in Fonn 3 and 6 as the case may be appendedto these rules: (ii) The mandaI authority on receipt of application for drilling new wells in form 2 and 5 as the case may be will refer the matter simultaneously for feasibility certificate and for power supply to respective agencies in the mandaI authority and obtain the required information and dispose of the application on the basis of the reports from Andhra Pradesh Transmission Corporation (APTRANSCO) and the Ground Water department within 2 weeks. It is the responsibility of officials of APTRANSCO and Ground Water uepartmem to submit their reports to mandai authority in' prescribed time. Single window approach is followed to help the people. Providedthat before issuingthe permission the applicant has to pay prescribed amount through a D.D towards insurance premium,in respect of agricultural wells (2) The fee shall be paid through a demand draft drawn in favour of "The Andhra Pradesh Water. Land and Trees AuthorityFund" payableat the head quarters of the respective Authority. 10 ANDHRA PRADESHGAZETTE EXTRAORDINARY [Part II Conditions for grant of permission Taking over of well to ensure drinking water 14. The permission for grant of sinking of well under the Andhra Pradesh Water, Land and Trees Act, 2002 shall be subject to the following conditions, namelyt 1. that the sinking of the well should not violate any provisions of the Act. 2, that the Authority reserves its right to take such measures necessary for preservation and control of water including an order for closure of the well; and 3, that the persons sinking the well shan furnish necessary information as and when required by the Authority in such form as may be prescribed and bound by the orders of the Authority with regard to the drawing of water including imposition of condition of hours of drawing of water. 15. (1) The Authority may by a general or special order shall authorize the Designated Officer to identify such wells as required to ensure supply of drinking water to local population and shall take over such wells. (2) On idehtiflcation of the well.... the Designated Offlcer'shall serve or cause to serve un order of requisition on the owner of the well specifying the period of such requisition. The Designated Officer for sufficient reason" I"'\y extend such period of requisition. (3) On requisition. the owner of the well shall not draw water for any other purpose other than drinking for his own use. (4) If the well so requisitioned is the only source of irrigation and if the owner is solely dependent on agr 'ture for his livelihood, the owner shall be compensated for h lSS of livelihood. The quantum of compensation shall be del d by the District Collector in consultation with the agricuh department based on the crops raised during (he same period the previous three years by the owner utilizing the water frorr. the well. November 6, 2004] RULES SUPPLEMENT 11 Construction of Rain Water Harvesting Structures Registration of Rigs Prohibition of water contamination Land use and water quality Water Cess 16. The construction of the water harvesting structures in all existing and new residential, commercial. public and open areas shall be governed by theguidelines and schemes adopted by the respective urban and local bodies. They shall also be responsible for monitoring execution of the construction in accordance with the design and the scheme. The provisions of section 17 of the Act shall be followed by the Urban and Local bodies. 17. Every rig owner or an operator operating or desiring to operate in the state of Andhra Pradesh shan register the rig with the Authority by paying the prescribed fee which shall be renewable for every two years. The application shall be made in Form 15 and the permission shall be given by the Authority in Form 16. The rig owners are required to display the Form 16 at all times upon the rig. Failure to register the rig shalt be an offence and shall be dealt in accordance with rules. IS. The Authority ,shall restrict, regulate and prohibit storage and disposal of effluents, by any person or industry, local body or aqua culture farm into any stream or well or sewer or on land to prevent and control contamination of ground water. The Authority may pass orders suo-motto or based on representations received from public and after providing an opportunity to be heard to the affected parties and recording reasons in writing. 19. The Authority may impose restrictions and prohibit any industry and carrying out of any process and operations in any area to protect water and soil quality in the area. The Authority shall provide opportunity to be heard to the affected parties before passing any order and shall record reasons in writing. Explanatlcn-: power to issue orders under this rule includes power to orderfor, • (i) Shifting and closure of industry; and (ii) prohibition or regulation of any process or operation. 20. The Authority may levy a cess on consumption of water and discharge of effluent by any industry, which is not covered under Schedule ] of the Water Prevention and Control of Pollution Cess Act, 1971 and the amount of cess shall be as fixed by the Authority from time to time. 12 ANDHRA PRADESII GAZETTE EXTRAORDINARY [PartH Modification of land use Ceilingon water use Sandmining 21. (i) The authority or any designated officer or agency may direct the occupier of any land that land use shaH be modified if the quality of the water coming from the land is not of acceptable quality, compared to the standards prescribed by the AndhraPradeshPollution Control Boardfrom time to time (2) No brick manufacturing shaH be taken up in areas wherethe soil is proneto erosionand depletion. (3) Wherever coal based thermal power plants are in operation. an constructions within a radius of 10 Kilo meters shaHbetaken up with bricks made only withfly ash. 22. Industries shall not use fresh water in excess of maximum unit quantity specified by the Andhra Pradesh Pollution Control Board in consent .orders issued under the Act, including for production- related purposes like dilution of effluents etc., The Andhra Pradesh Pollution Control Board may impose penalty upto themaximum permissible under the Act, in each case ofproven violation of the consent condition. 23. In areas where sand mining is affecting groundwater regime, such of the areas shall be notified and transportation of sand shalt. beprohibited and mining and transportation of sand shall be banned in notified overexploited ground water micro basins/ mandals and for other areas the following conditions shall apply for exploitation of sand. 1. a) Sand mining shall not be permitted in notified areas except for local use in the Villages or towns bordering the streams. Transportation of sand from these notified areas through mechanical means out of the local jurisdiction shall be banned. b) In rv" orders stream, sand mining shall be restricted to specified areas, . c) In V1h order and above rivers, Viz: Godavari, Krishna, Pennar etc. Sand mining may be permitted without affecting the existing sources for Irrigation for drinking water or industrial purpose. November 6, 2004] RULES SUPPLEMENT 13 (2). The sand leaseholders shall not carryout quarrying within500 m.of any existing structure such as bridges, dams, weirsor any other cross drainage structure. (3). Vehicles carrying sand shall not ply over the flood banks except at crossing points or bridges or on a metal road (4) Permission to quarry sand shall not be granted within 500 Meters of any groundwaterextraction structure(s) either for irrigationor drinking water purposes. (5) The streams I rivers where the thickness of sand is quite good (more than 8.00 Meters) the depth of removal may be extended to 2.00 Meters but in no case beyond two meters. (6) Sand quarrying shall not be permitted within 15 meters or 1/5 of the width of the stream bed from the bank whicheveris more. (7) Sand mining shall not be permitted in streams where the thickness of sand deposition is Jess than 2.00 meters. (8) The depth of removal of sand shall be restricted toone meter particularly inminor streams where the thickness is more than 3.00 meters and less than 8.00 meters. (9)The sand quarrying shall be restricted to depths above the water table recorded during monsoon and in no case effect! disturb the water table. (lO)The quantity of sand deposited annually in every stream or river shall be monitored by establishing observation stations along the stream course. 2. The Ground Water Department shall take up joint inspection along with officials of Mines and Geology Department or other concerned departments whenever cases are referred to study the impact of sand mining in an area and shalf give its recommendations 14 ANDHRAPRADESH GAZETTE EXTRAORDINARY [Part II Tree planting 24. (l) In every Municipal Corporation or Municipality or other local area. the number of trees to be planted and their subsequent maintenance shall be on the following scale: (i).Residential areas: Every house hold having above 100 square meters area shall plant at least small or medium variety in their premises as follows Below 100 Square meters ~~. 3 trees 101 to 200Squaremeters --- 5 trees 201 to 300 squaremeters --- 10 trees 361 square meters and above - 10 trees plus 5 trees for every increase of 100 Square meters. (ii). Commercial or institutional areas: Commercial establishments shall plant trees as follows; In addition commercial or institutional areas shall be landscaped instead of leaving them without any vegetation Plot Area No. of trees (1) (2) Below 200 Square meters 2 201 to 500 SQuare meters 4· 501 to 1000Square meters 6 Above 1001 Square meters 6 trees plus 2 trees for every increase of 100 Square meters... (iii) Industrial areas: In industrial areas trees shall be planted as per the norms of the Andhra Pradesh Pollution Control Board. (2) The local authority having jurisdiction shall grant building permission subject to the condition that the owner shall plant prescribed number of trees. (3) The owner of the premises or house shall. maintain the trees and shall not fell the tree without the prior permission of the Designated Officer, (4) If any owner desires to fell a tree, he shall apply in writing to the Designated Officer for permission in Fonn 13 with a fee per tree as indicated below in that behalf. The application shall be accompanied by a site plan indicating the position of the tree required to be felled and the reasons therefor (i): For urban residential and Institutional areas (ii) For urban commercial areas Rs.50/ Rs. 100/ November 6, 2004] RULES SUPPLEMENT 15 (5) On receipt of such application, the Designated Officer or an officer authorized by him, may, after inspecting the trees and holding such enquiry, as he deems necessary either grant or refuse the permission,applied for in form 14. Provided thal permission shan not be refused, if the tree. (i) Is dead, diseased or wind fallen or (ii) has silviculturally matured; or (iii) conRlito,"' a dangerto life or properly; or (iv) constitutes obstruction to traffic. or (v) is substantially damaged or destroyed by flte, lightning, rain or other natural causes. Provided further that, if the tree permitted to be felled is not exempted from purview of Forest Produce Transit rules, the Designated Officer shall inform the concerned Divisional Forest Officer for grant of transit permit and the owner shall not transport felled material without a valid permit. (6) The Designated Officer shall dispose the application within fifteen days from the date of receipt of application by him. (7) Tt\e ?'trmlssion to feU a tree may be granted subject to the condition that the owner of the premises shall plant another two trees of the same or suitable species 011 the same site or other suitable place, within thirt)! daYs from the date the tree is felled. (8) (a) If, in the opinion of the Designated Officer, the number of trees in any premises or open area is not adequate according to the standards prescribed in clauses (i) and (ii) of sub rule (4) above, he may after giving reasonable opportunity of being heard to the owner or occupier of the land, by order, require hun to plant such trees or additional trees und at such placesin the land as may be specified in the order. (b) When an order is so made, the owner or occupier of the land shan comply with the order within ninety days from the date of its receipt. 16 ANDHRA PRADESH GAZETIE EXTRAORDINARY [Part II Dealing with the cases of offence. (9) (a) Where any tree has fallen or destroyed by fire, lightningor rain or other naturalcauses, the DesignatedOfficer may s.uo motto or on information given to him, after holding such enquiry as he deems fit and giving a reasonable opportunity to the owneror occupierof the land where the tree existed,by order, require such owner or occupier to plant a tree in place of the tree so felled or destroyed at the same or other suitableplace as maybespecifiedin the order. (b) When an order is so made. the owner or occupier of the land shall comply with the order within ninety days from the date of its receipt. (10) When the owner or occupier of any land fails to comply with any order made by the Designated Officer. the Designated Officer shall take necessary action for planting the trees and recover the expenditure incurred thereon as arrears of property tax. (11) 30% of the available open area in the premises of institutions shall be taken up for tree plantation with a density of not less than 6 trees per every 100 Square meters in open area. 25. (1) Any violation of the provisions of the Act and these rules shall be booked in the offence report given in Form 7 appended to these rules. A copy of the offence report shalt also be submitted to the District Authority immediately. In case the offender is to beprosecuted, a copy of the offence report shall also'be submitted to the nearest Magistrate having jurisdiction. (2) Where an offence is committed, the Designated Officer may seize any instrument or machinery or any other device, vehicles or other conveyance or any other movable property used in or involved in committing such offence. A list of seizures shall be furnished to the owner of the property in Perm 8 appended to these rules. '(3) Where the seizures have to be given to the safe custody of any person it shall be in the Form 9 appended to these rules with a direction to produce the property before the Designated Officer or the Court as and when required. November 6, 2004] RULES SUPPLEMENT 17 .Penalties Compounding of offence Confiscation of property Appeals 26. (1) Whoever contravenes any of the provisions of this Act shall be punishable with fine which shall not be less than Rs. 1000/- but which may extend to Rs. 5000 / (2) For felling of trees without prior permission, shall be punishable with a fine which shall not be less than two times the value of such tree, but which may extend upto 5 times of the valueof suchtree. 27 (1) The authority or the designated ofticer or any officer authorized by the government In this regard, as the case may be may accept from any person who committed or who is reasonably suspected of having committed an offence punishable under this Act other than the offence punishable under sub section (2) of sec 35 of this Act. I. A sum of. money not less than Rs. 1 lakh by way of compounding of the offence shall be levied in respect of contravention of section 10, 14 and section 27. II. The order should be communicated in form 10 appended to this rules and furnish a copy of the compounding order to the offender and submit another copy to the district authority. (2) When the compounding fees levied and paid by the offender a receipt in form 11 appended to these rules shall be issued to a person paying the compounding fee 28. Where the authorised officer, based on the gravity of the offence, do not agree for compounding of offence the authorised officer may order for confiscation of seizures produced before him under section 38 of the Act duly following the procedure laid down therein. 29. (1) Any person aggrieved by any order made by the Designated Officer may appeal to the District Authority within a period of thirty days from the date of receipt of the order b~ him. (2) Any person aggrieved by any order mnde by the District Authority may appeal to the State Authority within thirty days from the date of receipt of the order by him. (3) On receipt of the Appeal, the District Authority or the State Authority shan after giving a reasonable opportunity of being heard, may pass such order as it may deems fit. (4) The decision of the State Authority shall be final and 18 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II Review Andbra Pradesh water, Landand Trees AuthorityFund Annual Report 30. An appliclltion for review by the Government shall be made to the concerned Secretary as the case may be, of the concerned department who shan dispose off the application with in a period of thirty (30) days after giving a reasonable opportunityof'belng heard to-the aggrieved party. 3J. (1) Constitution 'of the Fund: All monies received by {he MandaJ, Distr.ict Of State Authority sha~1 be credited to the respective Authority. The remittances to the Mandaf, District or State Authority shall be made by 'way of cash or demand draft in a Government account to be operated jointly by Member Secretary and theChairman of the ~uthority, , (2) Control.of the Fund:3he Member Secretary of the District or State Authority, shall operate the Fund after obtaining-the approvalof the Chairman. (3) Accounts and Audit: {a) T~e District and Slate Authority shan· maintain monthly accounts of receipts and expenditure. (bl The Mandai and District Authority shall furnish an abstract of monthly receipts imd expenditure to the State Authority in Form 12appendedto these rules. (~) The State AuthorityshaU furnish to the Governmenta consolidated't;tutt,mcnt .of receipts and expenditure once for every year in f"ann12. (4) Budgetestimates: (0) The District Authority shall on or hefore the 30'"day of Septemberevery year prepare nnnual budgetwimatt in respect of the ensuing financial year of the estimated inoome and expenditure and submit to the State Authority. in Ute formalas p.re.tiribed in budget manual. (h) The Slate Authority shaU on or hefore31" day of Ocaober every year prepare anRual budget estimllte .In respect of the ensuing financial year of the estimated income and e.l.penditure andsubmitto the Government for Incorporating in die StatebudgetJn the formall\Sprescribedin bud-get manual. 32. The AnnualReport of the AuthorilY shall give true W\d full account of theactivities in rhar yearandshall be prepared in theformat prescribedby the Governmentand submittedby the due date. November 6, 2004] RULES SUPPLEMENT FORM-l (seerule12) Registration ofwells 19 81. Name of the well owner No. (l) (2) Address (3) Location:House \ Plot numbers, S.No. (4) Type01well: Open! BoreWell Hand PumpI motor Diameter.Depth (5} Vileor water Depth of tile Water output in Whether pumping Ifused for Domestic I Well litersI hours is donetlsing ir.rigation srate Irrigation motor. If 80, acreage irrigated: (agricultural)! details: il)dustrial/ 1.jHpoflhepump other 2.Typeof motor . used: submersible I jet I compressor I centrifugal I turbine (6) (7) (8) (9) (10) •••••••••••••••••)<••••••••••••••••••••••••••••)<••••••••••••• •••••••••••• •••••••••••••c.)< ••••••••• •••••••• Acknowledgement Application for registration of existing wells is received in this office along with registration fee of Rs. through a 0.0 no. Dated: . The well has been registered in this office. Signature of Designated Omcer Water, Land and Tree Authority ( With Sean Place: Date: 20 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PartII FORM-2 (see rule 13) Application for digginga new wellfor agricultural& drinking waterpurposes Name of the Applicant: HouseNo. Street VillageI Town Mandai District 3. Location of proposed well: S. No. I Village 4. Type well to bedug: Open I Bore WeUI HandPump 5. Mode of drawing water: Diesel EngineJElectricMotor 6. Specificationof pump 7. Details of paymentof l) Survey charges Rs. D.D.No , Date.. , Bank .. '.' ,.,. , . 8. Distance from existing functional well I hereby declare that the above particulars are true to'thebest of my knowledge and belief. Date: Signature ........•.·······x···.························x·······.·•....·.-·····•.··....····.·····.··X·····.····..······· Order of the Designated Officer: Your application for digging a new well in Sy. No of village/municipality ................. is not approved. November 6, 2004] Reasonsfor not approval. RULES SUPPLEMENT 21 i. APTRANSCO expressed its inability toprovide powerconnection. ii. Rejection by G.W,O(Survey report ofgeologist is enclosed). Signature of the applicant Note: Please (.,/) theappropriate reason ..- ----:K- - :K :K . Acknowledgement An application for digging new well for agriculture I drinking purpose is received in this office along with an application fee of Rs. through D.D No.. Dated: from Sri . resident of (-----------~ Signature of Designated Officer, Water, Land and Tree Authority (With Seal) Place: Date: 22 ANDHRA PRADESH GAZEITE EXTRAORDINARY fORM-3 (see rule (3) Pertuiss;on/ordiggil,ga AgricHlt,uwl weill Dr/11k/11K waterwep [Pan II Sri ,.. of ....•. (Address) is permitted to dig a new well at " .. (location) to a depth of ... ". meters for drawingwaterfor Irrigation use, subjectto the followingconditions: (1) The we}! should not be used for drawingwater for any otherpurposeother than applied'for. 2) The withdrawal ofwater should be regulated.and no wastageof water should be done. :.3) The utilized water should be recycledas prescribedfor rechargingthe ground water. (4) Structures should be constructedfor harvestingrainwaterin the vicinityof the well. ( mandatory in case the proposed weJl falls in area declaredas Over Exploited Area). ,5} The- utilization of water wiU be subject to the regulation from time to time based on the extraction water from tbe well. :.6) The boreweU is insured for a slim of Rs. wide the insurance master policy No. . The applicant has paid the premiumamount of Rs. by D.D No. " Note: Geologist report includingsire plan.isenclosed, Place: Date .. Designated Orncer, Wafer, Land and Tree Authority (with ..aO FORM-4 RejectJoQ order of the designated officer Your. application for digging a new welJ for agriculture I drinking water purpose in Sy.Nc. village is herebyrejection. Reasons for rejection I) AP TRANSCO expressed inability for power connection. 2) Rejection by Ground Water Department(survey reportof geologist is enclosed) Place: Date: Designated omt::er, Water, Land and Tree Authority (with s.al) November 6, 2oo4J RULES SUPPLEMENT 23 FORM-S (see rule 13) AppllcolionJar digging 0 new well!or lntluslrlallo.her usc 1. Name of the Applicant: 2. Address of the applicant: 3. Location of proposed well: 4. Type well 10 be dug: Opeu I Bore Weill Hand Pump 5. Mode of drawing water: DieselEngineI Blectric Motor 6. Specifications of pump 7. Details of payment of I) SurveychargesRs. D.D.No•.•... ~ Date Bank ...•....••........ I hereby declare that the above part~ulars are true to the best of my knowledge and belief. Signature of the applicant Date: Place: •••••• ••• ••••)<•••• •••• ••••••••••••)<•••••- •••••••••••••••• ••••• •••••••••••)<••••••••• •••••• A.knowledgement An application for digging new well for Industrial purpose is received in Ibis office along with an application fee of Rs. through D.D No .. Dated: from Sri resident of ( ) Signalnre of DesIgnated OIDeer, Water, Land and TreeAuthorfly (With Seal) Place: Date: 24 ANDHRA PRADESH GAZETTE EXTRAORDINARY FORM-6 (see rule 13) Permission for digginga wellfor IndustriaUOther use [Part II Sri of (Address) is permitted to dig a new well at (location) to a depth of meters for drawing water for Industrial I Other use, subject to the following conditions: 1) The well should not beused for drawing waterfor any other purposeother than appliedfor. 2) The withdrawalof water should beregulated.and no wastageof water should be done. 3) The utilized water should be recycledas prescribedfor rechargingthe ground water. 4) Structures should be constructed for harvesting rainwater in the vicinity of. the well. (mandatory in case the proposedwell falls in area declared as over ExploitedArea) 5) The utilization of water 'will be subject to the regulation from time to time based on the extraction water from the well. 6) Case should be taken not to pollute the surrounding areas. Place: Date: Designated Officer, Water, Land and Tree Authority (with seal) FORM·6A Rejection order of the designated officer Your application for digging a new bore well for Industrial purpose in village / Town ~ is herebyrejected. Reasons for rejection 1) AP TRANSCO expressed inabilityfor powerconnection. 2) Rejectionby Ground Water Department (surveyreportof geologistis enclosed) 3) Other reasons please specify Place: Date: Designated Officer, Waler, Land and Tree Authority (with seal) November 6, 2004J RULES SUPPLEMENT FORM 7 (seeMe:l5\ OffenceReport 25 L. Name. parentage and address of the: atcused per&On 2. Nature of o«et\~ 1. Placewhere offtpceoccun-ed 4, Dille lind dOle ofdetection of Offence 5. Name aad addre$..'i of theComplainant 6. Des<!:ript:i<3tt of ~h.icl:es, toots etc. used incQfmrtiUing theoffence 7. Nameapdllddr~ of witnesses 'l!. ?uuishaNe Under Sectioo ~~,. of Andhra Pradesh Water, Land and Trees Act. Date: Signature of Des.ignated Officer Place' Note: TIle originalrcbe 8Cllt to the Di~tl'ict Authority immediately and. the duplicate copy tabegiven (0 offender and the triplicate toberetained inthebook. l'ORM-8 (see rule2S) L!;tofSeizures The following properties iovalved in the <:ommtsS!<lll <)(oftence. are s~i.Ud h)' metodaY l.e. . ,..... .•. . . in<:-C3n\\e.~th)\\ with t\\1,offt.nce \1~\' 'be'C\kJn ~~,~~-..,,-.. under tnt J dhra Pradesh Water. Land and Trees Act.200Hron> Sri " .." ..Slo -r-r--« , Aged.· Rio. t. 2. 3. 4. Dute ~ Name: Place- Sii \\,\\.\Te of Dl:stgnated Ofnt.~r. Note: The ""iglnal s"'ll be ,etained in In. buo~ and the dnplicate shull be given 10 Ihe custodian of lheproperty seaed. 26 ANDHRA PRADESH GAZETTE EXTRAORDINARY FORM-9 (sec rule 25) Certlflcate ufSqe C"study [part 11 The following properties. involved in offence case ne:- da(ed are given in my custodyby ..•. " •...• (uarue& designation) on .. '" ..... for safe c,:!stooy. J undertake to safeguard from damage and Joss and produce the same on demand by the DesignatedOfficer Of the Court. . Detail~ of tne properties taken over. 1. 2. 3. 4. etc. Signature of the Designating Ofticer Dute : SiBnature of custodian. Name: Father's name: Address: November 6, 2004J RULES SUPPLEMENT FORM~ 10 (see rule 27) (ComPOUIldillg Order) 27 Sri .............• Sio Aged R/o has committed an offenceagainst the provisions of the Andhru Pradesh Water. Lund and Trees. 2002 and niles made thereunder. An offence case is booked vide case No dated ,.. under section of the Andhra PradeshWater, Land and Trees Act,2002.. In view of the willinguess expressed by the accused, I hereby order that a sum of Rs. ...... /. be paid towardscompensation. 011 payment of the compensation amount in full. the seizures detailed hereundershoUI be released. Detailsof seizures: l. 2, 3. 4. etc. If the compensation amount i" not paid in fuJI withinthirtydays from the date of receiptof thisOrder. action to recover the same willbetaken as if it were arrearsof land revenue. Appeal against these Orders. lies. to the District Authority within thirty days of receipt of these orders. Date: Place: To Sli ,. H.No . Street .. Village/ Town . District . PinCode .. Copy submitted to DistrictAuthority for information. Designated Officer. ( Nameand" Desi¥,nadon ) 28 ANDHRA PRADESH GAZETTE EXTRAORDINARY FORM-ll (see rule 27) Receiptfor compoundingfee [Pan /I Received Rs. . 1- (in words ) from Sri S/o R/o .towards compoundingfee for compositionof offencein case No dated . The compounding fee is received in full I part. The balance compounding fee shall be paid in thirty days failing which action shall be initiated to recover the same as arrears of land revenue, Date: Place: District . DesignatedAuthority ( Nameand Designation) FORM-12 (see rule 31 ) Abstraclof accounts for the monthIyearof. . SI. Natureof No. receipt ( I) (2) l. Compoundingfee 2. Registration of new wells 3. Registration fee of rigs 4. Grant by Government 5. Any other receipts (please specify) Amount received (3) Natureof expenditure (4) Amountof Balance expenditure (5) (6) November 6, 2004] RULES SUPPLEMENT Form-13 (see rule 24) Application/orpermission for felling trees 29 I, Sri ,.. SID Aged.. , RIO (Address) request youto please permit me to fell the following tree I trees in my premises. J. Category of Premises: a) Residential h) Institutional c) Commercial d) Agriculture e) Industrial f} Others- specify 2. Area of the premises. 3. Number of trees existing in the premises: 4. No. of trees proposed to be felled: 5. Species of the trees proposed'to be felled: 6. Age of the tree proposed to be felled: 7. Reason for proposing to fell the tree/trees: I undertake that I shall replant tmmedintely'a treel trees in place of the trees felled 8. Detailsof the D.D Place: Date: Signatureof the applicant Form 14 (see rule 24 ) Permission for felling tree I trees Sri --~-. S/O , Aged RIO is permittedto cut tree I trees in the premises--. ~-------~-- subject to the followingconditions,namely> 1. Premises offeUing tree I trees is as mentionedaboveonly. 2. Number of tree I trees permittedto be felledis .--.----- only (Specifyspecies and Number) 3. .-------- No. of plants shall be planted within 30 days of the felling 4. Fellingshall not be carried out before inspection, bandingwith red paint by the concerned officials. 5. In case of failure to take up plantation,plantsshalt beraised at the cost of the applicant. Place: Date; DesignatedOfficer, Water, Landand Tree Authority (with seal) 30 ANDHRA PRADESH GAZETIE EXTRAORDINARY FORM· IS (see rule 17) Applicationfor Registration ofDrillingRigs / Handboringsets [Part II 1. Name of the applicant: 2. Address: House No: Street VillageTfown Mandai District 3. Registration No. of the vehicle: 4. Place of registration with RTO 5. Description of the drilling rig 6. Capacity of DriUing Max Diameter Depth 7. Area of operation 8. Registration fee of Rs- enclosed Draft No: Bank Registered for the years Registration No. Date Signature (For office use only) Designatedofficer (with Seal) November 6, 2004J RULES SUPPLEMENT Form 16 (see rule 17) 3! The vehicle bearing numbet! hand boring s.et-·-~--...~--~~--~- beJonging to Sri -----.-.-.--. of ··.----------{Address) is registeredWith theWater, Landand Trees Authorityof AndhraPradeshali a rig I hand boring set for operationwith in the terrltonat area of AndhraPradesh. Thi!l registrationis valid up to . ----....------.----. This registration does not convey 811y imdQtseU\ent of the vehicle for its performance and does not amount to recommendation for employing the d8 but only conveys that the rig / hand boring set is permitted to operate with' in the territorial jurisdiction of Andhra Pradesh state subject to aUother conditionsas per the Jawand rides in force. The' rig shaU not be used for drilling of borewetls without the valid permission under APWALTA: FaWng whichiris Iinble for conflscarion. Place: Date: Designated Officer, Water. Land and Tree Authority (with seal) M.SAMUEL, Principal Secretary to GovemmenJ.