Andhra Pradesh Water, Land and Trees Act, 2002

Registered No. HSE/49 [Pr-ice : Rs. 1-5U I'"i,,' . ..';t,11 at ;I.lr~~l. ~~ 'J! ". < '} 'I,J~ , , ~/ ~~ e:soL4S~Q.a ry>23~Le'§j..A) THE ANDHRA PRADESH GAZETTE PART IV-B EXTRAORDINARY PUBLISHED BY AUTHORITY No. 11) HYDERABAD, FIUDAY, APRIL 19, 2002. ANDHRA PRADESH ACTS, ORDINANCES AN D RELGULATIONS Etc. The following Act of the Andhra Pradesh Legislative Assembly received the assent ofthe Governor on the 18th April, 2002 and the said assent is hereby'first published on the j 9th April, 2002in the Andhra Pradesh Gazette for general information: ACT NO. 10 OF 2002 AN ACT TO PROMOTE WATER CONSERVATION, AND TREE COVER AND REGULATE THE EXPLOITATION AND USE OF GROUND AND SURFACE WATER FOR PROTECTION AND CONSERVATION OF WATER SOURCES, LAND AND ENVIRONMENT AND' MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Be itenactedby theLegislative Assembly of theStateof Andhra Pradesh in the Fifty-third Year of the Republic of India, as follows: . (1) A.11-1 2 ANDHRA PRADESH GAZETTE EXTRAORDINARY ,CHAPTER-l J,'RELIMINARY Shcrttltle, 1. (1) This Act may be called the Andhra Pradesh Water, extentand Land and Trees Act 2002. conuncnce- . , meul (2) Itextends to thewholeofthe StateofAndhraPradesh. (3) It shall come into force on such date as the State Govemmcntmay, bynotificationappoinl Definitions 2. In thisAct,unlessthe contextotherwiserequires.> (t) ,Autllority' means the Andhra Pradesh State Water, LandandTreesAuthority constituted undersection3; (2) 'Designated Officer' meansan officeror any person sodesignatedbytheAuthority toperformthefunctions, underthe Act; (3) 'Government'means theStateGovenunentofAndhra Pradesh; (4)'Groundwater'means waterexisting inanaquiferbelow thesurfaceofthe ground at anyparticular locationofthelocal area regardless of\he geologicalstructurein which it is stationery Or moving andincludes allground waterreservoirs; (5) 'Ground waterbasinmeans an area confinedwithin such geo\og\calboundarieswhid) will act as water divides and identified andnotified by theAuthority; April 19, 20021 ANDHRA PRADESH GAZETTE EXTRAORDINARY (6) 'Industry' means an activity wherein goods arc produced byphysical orchemical processes; (7) 'Landscape' includes allforms oftrees, shrubs, grasses planted andwaterbodies toenhanceaesthetic value; (8) 'Notification' meansa notificationpublished in the Andhra Pradesh Gazette and theword'notified'shallbeconsnued accordingly; (9) 'Over exploited basin' meansa ground water basin sodeclared by theAuthority on theadviseof the technical expert whodulyconsiderthequantum andpatternofrainfall, degree of extractionof groundwaterand any other relevant factor while advising theAuthority; (10) 'Prescribed'meansprescribed by rulesmade under this ACI; (II) 'Preservation oftrees' includes planting ofnewtrees and transplanting trees toother sites. includingprotection measures suchas fence, tree guards etc; (12) 'Public drinking watersource' meansawell.from which theGovernment orlU;y local authority orsuchotherauthority astheGovernment maybynotification specify, provides waterto thepublic andincludessuchwelloranyotherdrinking water source asmaybenotified bytheAuthority; (13) 'Public watersupplysystem' means thestructures relating toa publicdrinking water source,includingconveying pipeline, storage reservoir, standpost,cistern, handpump, power 4 ~NOHn~ PR~DESH GAZETH EXTRAORDINARY IPart IV·S pumpandallothermaterials connected thereto through which water issuppliedfordrinking purpose; (14) 'Sink' with all itsgrammatical variations andcognate expressions inrelation toawell includesanydrilling, boringordigging ofa new well or deepeningcarriedoutto anexistingwell; (15) 'State' means the State ofAndhra Pradesh; (16) 'Surface water' means wateroccurring on the land surface in ponds, lakes, streamsandrivers; (17) 'Technical Officer' means a subject specialist so desian"'~d by theAuthority to giveadvice on technical matters; (18) 'To fell a tree' includesburning,cutting,debarking, girdling andreleaseofhannfulchemicals andsuchotheroperations whichcause damagetoany part ofthe tree; (19) 'Tree' means anywoodyplant, whosebranchesspring fromand are supported upon a trunkorbody and whosetrunkor body is not less 'than 5.5em. in diameterand is not less than one meIre inheightfrom thegroundlevel; andincludes young saplings andseedlingsetc..which are plantedat sites; (20) 'Urban Area' meansa development areadeclaredas suchundertheAndhra PradeshUrban Areas(Development) Act, 1975or a MunicipalCorporationconstitutedunder the Andhra Pradesh Municipal Corporations Act, 1994 or the Hyderabad MunicipalCorporations Act, 1955ora Municipality or a notified areacommitteeconstituted under theAndhraPradesh Municipali ties Act, 1965and includes suchtownor village or areadeclared tobe April 19. 20021 ANDHRA PRADESH GA2ETTE EXTflAOfllJlNARY <In Urban area for thepurpose ofthis Act, by a notification, by theGovernment; (21) 'Water shed' means an area confined within the topographic waterdivide line as identifiedand notified by the authorityfrom timeto timeforthepurposes of thisAct; (22) 'Well'means awellsunkforthesearch andextraction of ground water and includes a dugwell, bore well, dug-cum borewell, tubewell.andfilterpoint; (23) Words and expressions used in this Act, but not defined herein shall have the meaningsassigned to them in the relevantActs. CHAPTER- 2 CONSTITUTION OF ANDHRA PRADESH WATER, LAND AND TREES AUTHORITY 3. (I) As soon as may beafter this Act is brought into Consrttu force the Government shall,by notification witheffectfrom such \rl\'~nl of :J cr, dateas maybe specified therein constitute an authority called the Laud and Andhra PradeshState Water, LandandTrees Authority. T\~"I' . , III lonlY, (2)The Authority shallconsist of, (a) Minister, Panchayat R3j, Rural Development and Rural Water Supply orany other Minister, nominated by the ChiefMinister. Ex-Officio Chairperson 6 ANDHR'A PRADESH e~ZETTE EXTRAORDINARY [Part IV-S (1)) Three Members ofthe State Ex-0fficio Legislative Assembly, nominated Members bl' theGovernment out ofwhichone shallbe from the main opposition political party, (c) ChiefSecretary to the Government. Vice Chairperson (d) Secretaryto the Governmentin charge Ex-Officio ofAgriculture, Member (e) Secretaryto the Governmentin charge Ex-Officio of Irrigation and Cornmand Area Member Development. (I) Secretaryto theGovernmentin charge Ex-Officio of Municipal Administration. Member (g) Secretaryto theGovernmentincharge Ex-Officio ofRuralWaterSupply. Member 01) Secretaryto the Governmentincharge Ex-Officio of Panchayat Raj Member (i) Secretaryto theGovernmentinchargeof Ex-Officio Environment, Forests,Scienceand Member Technology Department. (i) ViceChancellor, AcharyaN.G.Ranga Ex-0fficio Agricultural University. Member A'Hil 19, 20021 ANDHRA PRADESH GAZETTE EXTRAORDINARY (k) Three Professors of whom oneeach from thefaculties ofLife Scicnccs.. Earthsciences andEngineeringand Technology from theUniversities intI,C Statenominated by theGovernment for a twoyear term by rotation. (I) Threeexpertsin the field ofwaterand soilconservation and economics nominated by theGovernment. (01) Suchothernon-official persons not exceeding fiveinnumber who. inthe opinion oftheGovernmentare interested in theconservation of naturalresources of whom oneeach shallbe fromtheScheduled Tribes. ScheduledCastesandWoman respectively. (n) Secretary to theGovernment incharge of RuralDevelopment Members Members Members Ex-Officio Member Secretary (3)TI,etermofoffice ofthe nominated members except thosenominated underclause (k) ofsub-section (2)shall besuch as may be prescribed. (4) Themembers shall beentitled tosuchallowances as maybe prescribed forattending themeetings of theauthority or performingdutiesentrusted bytheauthority. 8 ANOfIRA PRADESH GAZETTE EXTRAORDINARY (5)The Govemmen~may in'::C!Esultatio!!,~"i!h!h~,Slilte Authority. constitute by notification,authorities at District and, Mandai iei;e!s'ivithsu~hcomposition andtoperfon:n-such'funcii;~ in such manneras maybe prescribed. (6)TIleAuthorityconstituted under sub- section (l) shall be a body corporate having perpetual succession and a common seal, withpowerto contract, acquire. holdanddisposeof property, both movable and immovable andtodoall thingsnecessaryfortne purposes of this Act and maysueand be sued by the said name. M«Iing. 4. (I) T.heAuthority shall meet at least once in three ofthc h d . CI .AulhOl;ly months at sue place an trme as the iauman may decide. (2) TIlequorum toconstitute a meeting oftheauthority shall beone thirdofthe totalnumberof'mernbers. (3) Save as otherwise expresslyprovidedby or under this Act, theprocedurefor theconduct of businessat themeetings ofthe Authorityshall be suchas maybe prescribed. omc~rs alld sen-an Is. 5. (I) The Authority may designate such persons as designatedofficersfortbepurposes ofthis Act in suchmannerand for such areas as may be prescribed. (2) TIl~AlIlburitx.may. frQlJl~e totime, appoint§wh other "fficers and servants subordinate to thedesignateclofficer. as may be'recjll;;:e,(i,y\vay oi deputation from Government departments,or fromUniversities or on contractbasis.. (3)' TheAu1horitymay alsoappointsuchotherofficers to assist theStateAuthorityinsuchmannerand forsuchpurposes as may be prescribed. April 19, 20021 ANDHRA PRADESH GAZETTE EXTRAORDINARY (4)Theconditions ofappointment,service, andthepowers andduties ofsuchofficersshallbesuch asmaybedetermined by theAuthority. 6. Subject to any special or general directions by the FIIIlClions Govemmentin thisbehalf; theAuthoritysball perlbnn!hefullowing t.:.m functions,namely,- . (a)promotewaterconservationandenhancementoftree cover in fue·State; (b) regulate theexploitation ofgroundandsurface waIer intheState; (c)makeregulations forthefunctioning oftheautborilies atDistrictand MandailevelconstitutedunderiiieAci; (d) advise the Government on the legislative and administrativemeasures to be taken fromtime to time for the conservation of naturalresources; (e) adviseon economic measurestobetakenby !he Government asincentives or disincentivesrelatingtotaxes, levies, fees orotherCharges topromoteconservationof naturalIesources; (I) advise on strengthening public particination iII conservation ofnaturalresourcesfromtimefolime IIIsucha way thatequityin accessto water in differentbasins,sub-basinsand regions intheStateismaintained; (g) advise on any other matter thatmayberefem:d to itby the Government; and A. 11-2 1U Ai'lDHRA PRADESH GAZET1E EXTRAORDINARY IPart IV·S (h) advise the Government 00 the constitution and functions of the Districtlevel andMandaI level Authorities. D<J<wl1ioa 7. The Authoritymay delegate any of theirpowersto the ofpo"ers, District level and Mandai level authorities or any'Departrnent or Officer ofthe Government or Local Bodies for thepurpose.of canyingout theprovisionsof thisAct CHAPTER-'3 GROUND WATER PROTECTION MEASURES Regislr.> tioDuf wrlb. 8. (1) All groundwaterresources in theSlate shall be regulated by the Authority, subject to any generalor special directions issued in thisbehalfby the Government, (2) On and from the date ofcommencementofthis Act,theownersofallthewellsincludingthosewhicharenotfitted witbpowerdrivenpumpSandwaterbodiesintheSlate,sballr~gister theirwellsfwaterbodieswith theAuthority insuchmannerasmay be prescribed. ~ 9. (1) The Designated Officer, with the approval ofthe ::;r Authority, mayprohibit waterpumpingby individuals, groupsof ~~ individ~orprivateorganizations inaiiiparncuiararea;ifinhis :::..rl>iD VIewsuchwaterpumpinginsuchareais likelytocausedamageto thelevelofgroundwaterorcausedeteriorationordamage tonatural resourcesorenvironment foraperiodofnot morethansixmonths which after review may be extended tor a fiirillerpenod ofnot morethan six months at a time: Provided that newell shall be sunkinsuch areas as maybeprescribed April 19, 20021 ANOHRA PRADESH GAZETTE EXTRAOROINI<RY 11 (2) The Authority may issue directions to A.P. TRANSCOnot toraise andcoUectelecu1cilybillsduringstoppage ofpumping ofwater in pursuance oforder issued under sub section(l) thereof. 10. (l) Notwithstanding anythingcontained inanylawfor ''nwi> the time being in force and having regardtothe interests of the si~ [or generalpublictohavethesupplyof requisitequantityofwater for :DIJII£ drinkingpurposesfrom\hepublic drinking water source,noperson eear . subjectto sub- section(2)shall sinkanywellin thevicinityofa ~~::"~ publicdrinking watersourcewithina distance of twohundred source, andfifty metersin areasotherthan\heareascoveredundersection 9 andsub-section(1) of sectionl l thereof: Provided that sinking ofany well forpublic drinking purpose and hand pump for public or privatedrinkingwater purposeshallbe exempted underthis section. (2)Anyperson, whointends tosinkawellforpurpose of irrigation ordrinking orforanyotherpurpose wilhin adistanceas specifiedundersub-section (1) ofapublic drinking watersource, shallapplyforpermission totheAuthority insuchmannerandon paymentofsuch feeasmaybe prescribed; Providedthat in respectof sinking awellforthepurpose ofirrigationordrinkingorfor anyotherpurposeandifsuchsource ,is intended tobe usedwithapowerdrivenpump, thepersonshall alsoobtain priorpermissionofthe A.P.TRANSCO constituted undersection 13ofthe AndhraPradeshElectricity ReformAct, 1998in such mannerasmaybe prescribed. (3)The Authoritywithinfortyfivedaysof receiptofan application under sub- section (2), may,on the advice of tile Technical Officer, for reasons to be recordedin writing, grant .1.P.Ad 30.r 1'198, 12 AllOHRA PRAOESH GAZETTE EXTRAORDINARY [Part IV·B permission for thesinkingofawellforirrigation ordrinking water purpose, ifitis satisfied thatsuch sinkingshallnotadversely affect the publicdrinkingwatersourceor refuse to grantpermissionif suchsinkingaffectssuchsource adversely. (4)Everypermission grantedundersub-section (3) shall besubjectto thecondition that theauthoritymayfor thereasons to be recorded inwriting.byorder, prohibit,restrictor regulatefrom timeIntimetheextractionofwater fromsuchwellifinitsopinion it is necessary so to do in the public interest and also such other conditionsand restrictions asmaybe prescribed. Om' II. (I ) The Authority mayon the advice of the technical ~I<d expert,declareaparticularground water basinas overexploited fora periodofnotmorethan sixmonths which, afterreview. may beextendedfora further period ofnot more than sixmonthsat a time. (2)For thepurpose ofsub-section (1).thetechnical officer sball takeintoconsideration thequantumandpatternof rainfall, degreeofextractionofgroundwaterand anyotherrelevantfactor .whileadvisingtheAuthority. (3)On and fromthedateofsuch declarationunder sub section(1), nowell shallbesunkin such areasexceptwellssunk forpublicdrinking purposesorhandpump for publicor private drinkingwater purpose. (4) The Authority mayissueguidelines for improving the groundwaterby suitablemeasures in such overexploited ground water basinsasdeclared under sub-section(I) andsuchguidelines shall be followedby each individual or group of individualsor April 19. 20021 ANOHRA PRADESH GAZETTE EXTRADROINARY institutionororganizationorGovernmcl'tdcpartmentOf local body concerned as the casemay be. (5)TheAuthority mayreview from time totime the ground water. andresults achieved after taking themeasures undersub section(4) and it mayrevoke thedeclaration of overcxploi ted basins asmadeundersub-section (I) and permit sinking ofwells dulyspecifying thenumberof wells tobesunk, depth ofthc well. distance between two adjoiningwellsandotherconditions as deemed fit after satisfying itselfthat such sinking shallnotadverse!y affect thepublicdrinking watersource. 12. (1) Notwithstanding anything contained inanylaw Prot«t"" forthetimebeinginforce, theAuthority may, on theadvice ofthe ofpublic lhinking Technical Officer, thatanyexisting wellisfound tobeadversely water affecting anypublicdrinking watersource, aftergiving theowner ~o""". a reasonable opportunity of beingheardbyanorder, prohibit the extraction ofwaterforcorrunercial, industrial,irrigation orany other purposesfromsuchwell foraperiodofnotmorethansix months whichafterreviewmaybe extended far a further periad ofnotmorethansixmonths ata time: Providedthat irrigation wellwithstanding cropshallbe taken as lastpriorityforsuchpurpose. (2) Notwithstanding anything contained in anylawfor thetimebeinginforceandinanyotherprovisions ofthisAct,the Authority, ontheadvice oftheTechnical Officer thatanyexisting wellisfoundtobeadversely affecting anypublicdrinking water source andifsuchsource cannotbeadequately protected byaction undersub-section(I) mayaftergiving theownerofsuchwella reasonable opportunity ofbeingheard, byanorderrequire himto stop theextractionofwater andcloseorseal offsuchwellforthwith either temporarily orpermanently, 14 ANOHRA PRADESH GAZETTE EXTRAORDINARY IPart IV·B (3) Whenever it is necessary to make an inquiry or examination inconnectionwiththeprotection ofa publicdrinking water source or with the maintenance of a public water supply system, the Authority or any officerdulyauthorised by it in this behalfmay aftergivingpriornotice totheowneroroccupierofany land. a) enter uponsuch landashe maythink necessary for the said purpose; b) undertakesurveys or takewaterlevels; c) conductpumpingtestsandgeophysical surveys; d) conduct well loggingonthebore; e) installand maintainwaterlevels recordedand. water gauges on the well;and f) do all such other thingsasmaybe necessary forpursuing suchinquiryandexamination; (4) Notwithstanding anything containedinsub- sections (I), (2) and (3), theAuthority mayon theadviceof the Technical Officer inany urban area, issueanorder, a) Prohibiting extraction of water for sale from an over exploited water source or aquifer or residential areas or in the recharge zones ofresidentialareasdepleting thepublic or private water sourcesandaffecting thesupply ofwaterfordomesticusage; b) Prohibiting the drawl ofthe ground water within the premises ofmulti-storied buildingsforsale ofwater outside the premisesof suchmulti-storied building.. ~prll 19, 2002j \ ANOHRA PRADESH GAZETTE EXTRAOROlrJARY 15 (5) The Authority may, on the consideration of the availability of'drinkingwater, command anyexistingwell inorder to ensuresupply c!fdrinkingwaterto the localpopulation. For thispurpose theAuthority may takeoverthewellforsuchperiod as deemed necessary subjecttosuchconditions as theAuthority mayprescribe. (6)TIle Authority mayissue directions totheconcerned including local bodiesforpreventing wastageofwaterfrom the publicwatersupply systemorpublicdrinkingwatersource. (7) TheAuthority mayissue directions bygeneral orspecific orderto A.P. TRANSCO nottoraiseandcollectelectricitybills during stoppage ofpumpingofwaterinpursuance oforderissued underthissection. 13.ln orderto curbunhealthy competitionto tap water fromdeeper layers ofground waterandtomaintain ground water, theAutboritymay issuedirections specifying thedistance forsinking ofwells fromtheexistingwellanddepth for suchsinking and suchotherconditions inareasotherthan overexploited ground water basins as declared under sub-section (I) of section 11, areasdeclared undersection 9 and neat drinking watersources as specified undersub-section(1)ofsection 10. Distance and depth for sinking ofwells. 14. (I) Every rigownershallregisterhismachinery with IlegistD theAuthority insuchmannerandonpaymentofsuchfeeasmay ~~li~g be prescnbed. rig~ (2) Every rig owner or operator shall follow the instructions issued bytheAuthority fromtimetotime. 15. (I) Whereverit appears totheAuthority thatanywell Closure has beensunkor isbeingsunk orwaterhas beenextracted or is .rwell>. beingextracted incontravention of anyof theprovisions ofthis Act, theAuthorityoranyofficerdulyauthorised byit inthis behalf, 6 ANOHRA PRADESH GAZETTE EXTRAORDINARY !part IV·B Campen satien for closed wells. C",1Ta! Act1or 1894. may enter upon that land, remove obstruction, ifany, close the pumping of the water, disconnect the power supply, seize any material or equipment used inconnection withsuchextraction of water and take any such action, as may be required to siop such extraction and may by order require the owner or theperson in possession ofthe well to close or sealoff the well athis expense and in suchmanner as theAuthoritymayspecifyinsuchorderand such owner or personshall complywithsuch order. . (2) Where such owner or personfailsto complywithany order made under sub- section(I), theAuthoritymayaftergiving such owner or persondue notice inthatbehalfenterupontheland andclose or seal off thewell and thecostincurredthereofshallbe recoverablefromsuchowner orpersonasarrearsofland revenue. 16.Whereanorderofpermanentlyclosingdown orsealing offthe well, which is giving substantialyieldand whichisreally useful for irrigatingany landor foran industrial use, ismadeunder sub-section (I) or sub-section (2) or sub-section(5) of section 12, the Authority may on making suchenquiryandrequiring the owner toproduce suchevidenceashemaydeemnecessary, make anorder forpaymentof compensationwhichshallnotbe lessthan themarketvalueofthewellincluding theotherexpenditure incurred like energisation thereon andstructurethereonandstanding crop at the time of making such an order and with regard to the determination of compensation for the well situated in a land acquired shall apply the provisionsof theLandAcquisition-Act, 1894 indetermining themarketvalue ofthewellunderthissection: Provided that, where an order under sub-section (I) or sub-section(2) or sub-section (5) .of section 12, relates to temporarily closingdownor sealingoffawell,waterfrom whichis April 19, 2002] ANOHRA PRADESH GAZETTE EXTrlAOHiJlNARY I J used forthe irrigated cropsstanding at thetimeofmaking suchall order, compensation for such crops shall bepayable underthis section: Provided further that where by virtue of an order made under sub-section (1) or sub-section (2) or sub-section (5) of section 12, any wen which is permanentlyclosed or sealedoff for any reason whatsoever,allowedto be openedfor extracting water therefrom andanysubsequent ordermadeforpermanently closing down or sealing off suchwen againshall not entitlethe owner thereof, 10claimcompensation tosuchwell: Provided also that compensation shall not be paid in such casesoftemporaryor pennanentdosureofwells inpursuance of .order passed Wider section 15. 17. (I) To improve the ground water resources, by R'in Willer harvestingand recharge, the Authoritymayissueguidelines for "'miring constructingappropriate rainwater-harvesting structures in all structere, residential, commercial andother premises andopenspaces having an area of nOI less than ~OO square meters in the manner prescribedwnlunstipulatedperiod failing whichtheauthority may get such rainwaterharvesting structureconstructed and recover thecost incurred alongwith a penaltyas maybeprescribed. (/.)Notwilhstandingari)'lhingconiaine4 intherelevant laws Ute Municipal Corporation or Mnnicipalityor any other local Authorityasthecasemaybe,shall imposea condition forprovidh,g appropriate rain water harvesting structure and or roof lop harvestingstructures inthe building plans inanarea ofnot less thantwohundred squaremeters, whileaccordingapprovalfor 11.. ll-::l 18 ANDHRA PRADESH GAZETTE fXTRA~.",RD~I",NA"-R,,,-Y Prohibl ticuof water C'Ontam~ nation. construction andpermanent waterandelectricityconnection shall be extendedonlyaftercompliance ofthe directions given in this regard. . (3) The Authority may issue guidelines to Municipal Corporations orMunicipalities or any otherlocalauthorities inthe . state forproviding incentives forconstructing rooftop harvesting structure, Ro-....r 18. The Authority may formulate guidelines including waler d f bsuitable incentives for recycling an reuse 0 waste water y industrial.commercial users and local bodiesand in the eventof non-feasibilityin the opinionofthe Authority to install suitable recycling andreusesystem .the Authority may levy appropriate charges; Provided thattheTechnicalOfficermaysuggestappropriate measuresforthispurpose,whichshall be.adopted by the industry, commercialunitand localbodiesconcerned. 19. (1) No groundwater resourcesshallbe contaminated in any mannerbyanybodyincluding industrial,local bodiesand aquaculturewaste disposal. (2) Direct disposal of waste waters into the aquifers, is prohibited. CHAPTER- 4 SURFACE WATER PROTECTION MEASURES Land use 20. TheAuthority or anydesignated officermaydirectthe and water occupierofanylandthatlanduseshall bemodified ifthe quality of quahty. th . fl' I d . f bl [. Ae watercorrung nomthe an IS not0 accepta equa ttycomparee to the prescribed standards. Ap,iI19,2002\ ANOHRA PRAOESH GAZETTE EX1RAORDlNAR~ 21.(1)Toensure thatlandandwateruseinthewatersheds II'",,,, shallbeconducive for efficient utilizationof these resources as "SO ill water wellas ground water recharge, the.watershed committeesshall sheds. adopt the measures as suggested by the officer concernedand the membersofwatershed committees shall be trained by the officerconcernedand themembers so trainedshall in tum train the other farmers prior \0 signing of the Memorandum of Understanding. (2) The officer concerned shall have the power to determineand recover investments made hereafter by way of fresh sanctions by the Government in thewatersheds andincase of non-compliancewith theprovisions ofthe Memorandumof Understanding, the amount due shall be recoveredas ifit were arrears efland revenue from the party found responsible. 22. In Irrigation Command Areas, Water Users Optlmwm Associations shallensureoptimumuseofsurfaceandground water :~;t~;l' and forthis purpose, the Water UsersAssociationsshall adopt and themeasures suggestedby Ihedesianatcdofficer, l,lOlllnl . t:> ....a!~r 23. (1) The Authority maynotify waterbodies like lakes, I'ro,,,'I;',', villagepondsand minor irrigationtanksalongwithnalas (water ofbl;.'I, course ordrainage course) asheritage bodiesandconservation ~:::;J~ areas topreventconversion oftheir intended liseand rheauthority tn.ks. shalltakeall measures to permanentlydemarcau theboundaries through thedepartment ofthcGovernment or the organization concernedas pel' the memoirs of lakes / tanks / ponds / nalas (watercourse or drainage course) and shall take measures to evictandpreventencroachment. For thispurpose,theAuthority maygivedirections totheconcerned dcp>.II'Ullenl, l\Eency, statutory body or official and upon such direction, the concerned department, agency,statutorybody or official shallcomplywith 20 ANDHRA PRADESH GAZETTE EXTRAORDINARY (Part Iv·g suchdirections. TIleauthority mayalsoissue guidelines in thisregard andthe guidelinesshallbe compliedwithby alltheconcerned, (2) The designated officershall havethepowertoprevent and removeencroachmentsinto the demarcafedareaofthewater body, (3)No undesirable wastesincludingliquid wastesshallbe allowed to be dumped in the water bodies by any person or organisation. (4)TheAuthorityshall inconsultationwithtechnical experts decide thepermissible levelsof'pollutantswhichcanbe allowed into the waterbodies. (5}The designatedofficershall havetheauthorityto take requiredsteps to prevent and control pollutedwaterentering the water bodies. Ctilingon water usage. 24. (I) The designateu orncer may prescribeceiling on waterusageper unit ofproductionby any industry or commercial unit (2}TheAuthoritymaylevycess orsurchargeon thewater usedforproductionactivities.. Po"erto 25. The Authority shall have power to designate an designate, officerto be incharge ofthe water bodies in theState,Municipal Corporations, Municipalities, Urban Areasor GramPanchayats to ensureproper protectionandconservationofthe waterbodies. Prolection from breaches, 26, The Authority may direct the water users associations to preventand restorebreachesto irrigation sources April 19, 2002/ , ANDHRA PRADESH GAZETTE EXTRAORDINARY within a specified timeandlake up such measures through the offlcerconcemed. 27. TheAuthority mayframe guidelines forsand mining Sand from water bodieswherever suchsandmining isenvironmentally mining. harmful bothinprivateandGovernmenllands: Provided that sand mining shall not be permitted inover exploited basinsasdeclared bythe Authorityunder sub-section (I) of section 11 ofthe Act. CHAPTER-S TREES 28. (1) The Authority may direct that everyMunicipal Tree C . M" li h L IA thori h planta-orporation or urucipa tyorany ot er oca u onty,as t e lion in easemaybe to insistforcompulsoryplantation withsuchnumber ·urban of trees and their maintenance as may be prescribed while areas, according approval ofbuildingplans. (2) The Authority may also direct the Municipal Corporation orMunicipality or theotherLocalAuthorities, as the case may be, to designate an officer to be incharge of tree plantations intheirrespective areas. (3)Treeplantationandlandscaping shallbeadopted inall public and private premises for which purpose Municipal Corporations or Municipalities or other localAuthorities, as the casemaybe, mayissue directions toindividuals, organisations or otherpersons for treeplantingand landscaping in theirpremises. The directions issued shall be implemented by the individual, organisations or other persons within a period as may be prescribed failing which Municipal Corporations orMunicipalities 22 [Part IV·S or other LocalAuthorities, as (hecasemaybe, shall implement the directionsand cost thereof shallbe recovered from the individual, organization or other persons along with a penaltyas may be prescribed. (4) Treeplantations inurbanpublic areas androadmargins shall be owned by the MunicipalCorporation or Municipalityor other Local Authority, as thecase may be. (5) NOj fellingof thetreesor branches ispermitted without the prior permission of the designated officer. In case when a tree is to be felled, not less than two seedlingsshould be planted and when such planting is not possible,costof raisingseedlings and their maintenance shall be recovered from the concerned individual,organisationorotherpersons forraising plantationsin public places. , . (6) TheAuthority mayissue suitableguidelines forplanting, protectionand maintenanceof existing trees orlandscape in public premises including public and privateschools, colleges,Medical colleges,Engineeringcolleges andotherinstitutions and theHead ofthe institutionshall be maderesponsible forthesame. (7)The AuthoritymaydirecttheMunicipal Corporations or Municipalities or other local authorities, as thecase may be, to take up plantation ann maintenanceofexistingtreesin all public places under control of such Municipal Corporations or Municipalities or localauthoritiesconcerned as thecasemay be. Pnfec- . 29. (I) Anyperson, institution, organizationordepartment, :::'01 publicorprivate,providingapublicorprivateutilityservice including Roads and Buildings department, Energy department of the Government and TelecommunicationsDepartmentshall ensure April 19, 20021 ANDHRA PRADESH GAZETTE EXTRAORDINARY protection of trees and their branches while developing their infrastructure orcanyingontheiractivities. (2) Whereverlayingof new roadsor widening of roads involvescuttingofexisting tree, theAuthority may issuesuitable guidelinesforprotection ofsuch treegrowth as it deems fit. 30. (1)The Authority may formulate guidelines for tree plantations along withtheroad margins, canal banks, tank-fore shores and waterbodies: Provided that thecostof plantationand further maintenance shallbe includedin thecostofformation of theroads,canalsand tanks and suitableamount may beearmarkedfor plantationand protection of trees within any of the existing provisions for supervisionor miscellaneous or unforeseen expenditure under all works estimatesas prescribed. (2) The Authority may direct the Local Authorities to ensure tree plantation in the fore shoreareas of the open water bodies. (3) Allagricultural landowners except smallandmarginal farmersand wetland ownersas determined by the Government shallplanttreesintheir land holding asprescribed bytheAuthority upto5% of theirtotal land holdingandfelling permission fortrees shall begivenonlywhen thelandownerplants treesinequal extent ofland: Provided that thearea covered by the existing tree growth includingfiuitbearing horticultural cropsshallbe included while calculatingtheareaundertreegrowth: Trw planla tlcnsbv Go\'cni. men depart ments etc 24 ANOHRAPR~DESH GAlEnE EXTRAORDINARY [Part IV·8 Sheep and goal farming. Providedfurther that suitableincentives, as maybe prescribed, shall begiven to thelandownerwhoplantstreespecies in histotol landholding. .' (4) The government may constitute a committee for protection and maintenanceofthe plantationsraised in the lands raised outside the forest and the said committeeshall functionas may beprescribed. 31. It shall be competentfor the Authority to protecttree plantation byencouraging stall fed goatrearingandby rehabilitating the goat rearers in a phased manner. Tree 32. It shallbeCOmpetent fortheAuthority toencourage pr~I"lion all families especiallylivinginthefringes offorest areas toacquire mIrtJlge .. ;J erecs. non-conventionalenergy devices inorderto protect the trees. CHAPTER-6 MISCELLANEOUS API''''''' 33. (I) Any person, aggrievedbyany order made under any of the provisions ofthis Act may,withina period oDO days from thedateofreceiptof theorderbyhim,appeal to theAuthority, ifthe orderis made by any otherofficer. (2)Onreceiptofsuchappeal, theAuthority shallaftergiving a reasonable opportunity to the appellant of being heard. pass such orderas it may think fit. " 'Explanation: Forthe purpose of this section. the expression I 'person aggrieved' includesa LocalAuthority, the Pancbayat Ra] orMnnicipal AdministrativeEngineeringDepartment, StateGround WalerDepartment and any other agency or authority entrusted withthcresponsibility ofsupplying drinking wateror protectionof trees. April 19, 20021 MOHIlA PRADESH GAZETTE EXIRfIOROINARY (3) Beforepassing anorderinsuch appeal,theAuthority shall obtaintheopinion oflhe technical expertsappointed bythe Authority andshalltakethesamealsointo consideratior~. (4) The technical expertshallforwardhisopinio!) within tendays from thedate of receiptof a reference in (hatbehalfby hill) andin theevent of failure to furnish such opinion by the technical oflicerwithin ten days; theAuthority orDesignated officer maycall the technical expert with the relevant recordsand pass appropriate orders8S it deemsfit. . (5) Saveasotherwise providedin sub-section(I ),evcry order made by the Authority in appeal or otherwise may be reviewedby theGovernment and the Governmentmayadvise . theAuthoritytoreconsiderthe order and upon such advlse.the . Authority maypassordersafter.reconsideration andsuchorders passed shallbe final andbindingandshallnotbe reviewed. 34. (1) No suit, prosecutionor other legalproceedingsjreieuce shall lie against any. public servant or person appointed or '1Ik"ti?n . , . a enm authorised underthisAct, in respectof'anything whichisin'good good faith done or intendedto bedoneunder this Actor inpursuance I.ilh. ofanyorder madeor directionsissuedunder this Act. . (2) No suit,prosecutionorother legalproceedings shal, lieagainst the Government oranyofficerofthe Government for any.(lamage caused or likely tobe-causedby anything which is in good, faith done or intended.to be done under this Act or in pursuance ofanyorder. madeordirections issuedunderthisA.ct. (:3) Any action or act done by an)' public servant in the. absence-ofgoodfaith asdetermined by theAuthority shall hotbe ' A. 11-'4 28 ANOHRA PRADESH GAZETTE EXTRAORDINARY IParllVB coveredunderthe protection givenundersub-sections (I) and (2) andsuchpublicservantshallbedeemed (0 beguiltyoftheoffence and shall be liable to .be proceeded against and punished accordingly F,n,ttl... ~5, (1) Whoever.contravenes anyofthe provisions ofthis . Act.orobstfuctSanyperson inthedischarge ofhis duties underthis Act or contravenes anyorderorviolates any rule madeunder this Actshall be punished with finewhich shall not be less than one thousand'rupees but which,mayextendto five thousand rupees: Provided that theperson responsible for abetment of such offence orconnivance shall also be liable-and punished accordingly. (2)Whoever withoutanylawful authority damages, alters, pollutesor obstructsanypartofa publicwater supplysystemor a waterbody, encroaches waterbodies including tanks, lakes, ponds, nalas,(watercourse ordrainage course), contaminates ground water inany manner by tndustriaJ and aquaculture waste disposal or ·directlydisposes wastewaterintdtheaquifers .shall bepunishable ·with imprisonment fora termwhich shall notbe lessthanonemonU, butwhichmayextend tosixmonths orwith finewhichshallnotbe less than two thousand rupees but which may extend to fifty thousand rupees or with both in addition to that the cost of its , repairs orremedying the sameshallbe recoveredas an arrearsof landrevenue: '. Providedthat the personresponsiblefor abetmentofsuch offence orconnivance shallalsobeliable andpunished accordingly. (3) Whoever withoutanylaWful Authorityfells a treeshall bepunishable witha finewhichshall notbe less thantwotimesof · thevalue ofsaca.treebutwhichmayextendto fivetimesofvalue of such tree: Ao,;1 19, 2002J AND/IRA PRADESH GAZETTE EXT~AORGINARY 27 Provided thattheperson responsible fortheabetment of such offence or connivance shall also be liableand punished accordingly. (4) In the case of a second or subsequent offence, the offender shallbe punished withtwicetheamount offineprescribed for such offence under sub- section (1) or sub- section (2) or sub- section (3), as the case may be: Providedthat theperson responsible fortheabetment of such offence or connivance shall also be liableand punished accordingly. 36. (1) Subject to the rules, ifany, madein thisbehalf, Service of everynoticeor orderissuedunder thisAct, maybeservedeither notices. by tendering Or deliveringa copy thereofin person orby post to thepersonon whom it is to be served,or his authorised agentor ifthe serviceinthemanneraforesaid cannotbemade, by affixing a copy thereof at his last known place of residenceor at such placeofpublic resortinthehabitation inwhichOle structure,public drinkingwater sourceorwell or waterbodyor the treetowhich the notice or order relates is situated. (2) No such notice shall be deemed voidon accountof any error in the name or designation of any person or in the description ofanystructure,publicdrinkingwatersourceorwell orwaterbodyor thetree referredto thereinunless sucherrorhas resulted in substantial injustice. 37. (1) Notwithstanding anything contained in theCode COli' of Criminal Procedure, 1973, the Authority or theDesignated fn~'~~ Officeror anyofficerauthorized bytheGovernment in this regard, offences. as thecase maybe, mayaccept fromanypersonwhoconunitted A. 11-5 28 AlIOHRA~H GAZETTe eXTRAORDINARY (PartlV·" Central Acllor 1974. orwho IS reasonably suspected of havingcommittedan offence punishable underthisActotherthantheoffences punishable under sub-section(2) ofsection-35 of this Act, (i) a sum of money as may be prescribed, by way of compounding oftheoffence. (u)theAuthorityorDesignated Officeroranyotherofficer authorized by the Government in thisregard,as thecasemaybe, may reject to compound the offencefor the reasons recorded in writing; (iii) the A'rthority orDesignated Officer or any officer authorized by the Govenunentin thisregard,as the casemaybe, shall pass order to compoundthe offence or otherwise withina periodas may be prescribed; (2) On paymentofthe sumofmoneyin accordancewith sub- section (I). any person in custody in connection with the offence shallbesetat libertyandnoproceedings shallbeinstituted orcontinued againstsuchpersonin anycriminal court. / (3)The acceptance oftheswn ofmoney forcompounding anoffencein accordance withsub-section(I) by theauthority or CenlJll theDesignatedOfficershallbedeemedtoamountto an acquittal Ad within themeaningofsection 300 oftheCodeofCriminalProcedure, 2011974 1973. . scanrc.r 38. (1) Where there is reason to believe that an offence ~~~ hasbeencommitted incontravention of theprovisions of thisAct,: co.fuca- any instrument, machinery oranyotherdevice,vehicles or other lion conveyanceor any othermoveableproperty usedor involvedin committing any such offence may be seized by an officer as authorised by the Government in this behalf and without any unreasonable delay eitherproduce thepropertyseizedbeforethe April 19, 2002] ANDHRA PRADESH GAZETTE EXTRAORDINARY 29 Designated Officer or any other officer authorised by the Government intillsbehalfbynotification (hereinafter referred to as the authorisedofficer) or make a reportofsuch seizure and produce theseizures before theMagistrate havingjurisdiction to try the offenceon account ofwhich the seizure has been made exceptwheretheoffender agreesin writingforthwith (0 get the offence compounded undersection 37 of the Act. Where the property seizedissuchthat itcannot beconveniently transported tothecourtorauthorised officeras thecasemaybe,givecustody thereof to any personon his executing a bond undertaking to produce theproperty beforethe Court or authorisedofficer as andwhen requiredandtogiveeffect to thefurtherordersofthe Courtorauthorised officer, as thecasemaybe,as to thedisposal ofthesame; Provided that wherethe property with respect to which suchoffence is believed tohavebeencommitted is theproperty ofthecentral orstateGovernment or local bodies andtheoffender is notknown, it shallbesufficient if theofficer makes,as SOOIl as maybe,a reportof thecircumstances to theDesignated Officer oranyotheroflicerasnotified by theGovemmenl. (2)Wherean authorised officerseizes undersub-section(I ) anyinstrument, machinery oranyotherdevices, vehicles orother conveyance or any other moveable property or where any instrument,machineryor any other devices, vehicles or other conveyance or any othermoveablepropertyisproducedbefore himundersub-section (I) andhe is satisfiedthatan offencehas beencommitted underthis Act, in respectthereof he mayorder confiscation ofanyinstrument, machineryorany otherdevices, vehicles orotherconveyance or anyothermoveable propertyso seizedor produced. 30 ANOHRA PRADESH GAZETTE EXTRAORDINARY IPan IV·B (3)No order of confiscating anyproperty shall be made undersub-section.(2), unlessthepersonfromwhom theproperty isseizedisgiven,-' • (a)anotice inwriting infonninghimofthegroundsonwhich it is proposed to confiscatesuchproperty; (b)anopportunity ofmakinga representation in writing withinsuchreasonable timeasmaybe specified inthenotice against thegrounds forconfiscation; and . (c)areasonable opportunityofbeingheard in the matter. (4)Without prejudice to theprovisions ofsub-section (3),. noorderofconfiscation undersub-section(2)ofany instrument, machinery orany-other devices,vehiclesor other conveyance or any othermoveableproperty shallbe made if the owner thereof provesto thesatisfaction of theauthorisedofficer that itwasused without his knowledge or connivance or the knowledge or connivanceofhis agent, if any, or the person incharge ofsuch instrument, machinery or any other devices, vehicles or other conveyanceor any other moveable property in committingthe . ofTence andthat eachofthemhadtaken allreasonable andnecessary precautions againstsuchuse. (5)Anypersonaggrieved by an order passed undersub section (2)maywithinthirtydaysfromthedateof communication tohimofsuchorder,appealtotheDistrictCourthavingjurisdiction overtheareainwhichthepropertyhasbeenseized,andtheDistrict Courtshallaftergivingan opportunityto theparties tobeheard, pass such order as it may think fit and the order of the District Courtso passed sballbe final. (6)Wheretheoffence is compoundedunder section 37, theproperly seizedshallbe released to theperson entitledto the possession thereof April 19. 20021 ANDHRA PRADESH GAZEllE EXTRAORDINARY (7) Where theoffender isconvicted, thepropertyseized shallbe ordered tobeconfiscated except where theownerthereof proves to thesatisfaction ofthe courtthat it wasused without his knowledgeorconnivance or theknowledge orconnivance ofhis Agent, ifany, orthe person incharge ofthe property inconunining the offence and thateachof them had takenall reasonableand necessaryprecautions against suchuse. (8) Exceptinsofarasexpresslyprovided in thissection, the provisions of theCodeof Criminal Procedure, 1973 shall mutatis mutandis apply to the seizure and disposal of such property. 39. The provisions of this Act shall have effect notwithstanding anything tothecontrary contained inanyother lawfor the timebeinginforce. Central Al't 2of \914. Orerrid iugerrcet. 40. TheGovernment may, by notification andsubject to Excmp such restrictions and conditions as may be specified in such lions. notification, exempt anyareaorareas from theapplication ofthe provisions ofthisAct. 4\. The authority shallcreatea separate fund tobe The Fund calledtheAndhraPradeshWater, Land andTreesAuthority Fund, to which shallbe credited all monies received by theAuthority including, (a)allcesses orsurcharges levied andcollected underthe Act; (b) allpenalties received bytheAuthority as prescribed underthe Act; 32 ANOHRA PRADESH GAZETTE EXTRAORDINARY IPart IV·B (c)allmoneyreceivedbytheAuthority as fees prescribed under the Act; (d)allgrantsmade bythe Government. nudget. 42.TheAuthorityshall,onor before31stdayof October eVCIY yearprepare insuch formasmaybeprescribed bytherules anannualbudget estimate inrespectoftheensuing financial yearof theestimatedincomeand expenditure of theAuthority including those at district and mandai level and shall submit it to the Government forapprovaland inclusion intheStatebudget. Accounls and Audit. 43. (I) TheAuthority shallmaintain books of'account and other books in relation to the business and transactions in such formand insuchmanneras maybe prescribed. (2) The accounts ofthe Authorityshallbe auditedbyan auditorappointed bythe Government. (3) Thc Authority shall sendacopyoftheaccounts audited together with a copy of the report of the auditor thereonto the Government within ninemonths from theendof thefinancial year. 44. Ifany doubtor difficultyarises ingivingeffectto the provisions of this Act, the Government may, by order make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal ofthedoubt ordifficulty. (4) The Government shall cause the accounts of the Authority togetherwith the audit report thereonforwarded to it under sub-section(3) to be laidbeforetheLegislative Assembly ofthe State,as far as possible before the expiryofthe year next succeedingtheyear to which theaccountsandreportrelate. Powmfo """""doubts and difficul· ties. Ap·· 19. 2002/ ANOHRA PRADESH GAZETTE EXTRAOROINIIHY 45. (I) The Government may, bynotification, make rulestocarryoutall or any ofthe purposes of this Act. (2) Every rule madeunder this Actshall immediately after it ismade,be laidbeforetheLegislative Assembly oftheState, if it is insessionand ifit isnot insession, in thesessionimmediately following for a total period of fourteen days which may be comprised in one session or in twosuccessive sessions,and if, beforetheexpiryofthe sessioninwhich itisso laidor thesession immediately following, theLegislative Assembly agrees inmaking anymodification intheruleor intheannulmentof therule, therule shall, from the date on which the modificationor annulment is notified,have effect only in such modifiedform or shall stand annulled asthecasemaybe so,however, thatanysuchmodification orannulment shallbewithoutprejudice tothevalidity ofanything previously doneunder that rule. POllen 10 mal·x rules. Repeal of . Ordl 46. The Andhra PradeshWater. LandandTreeOrdinance nance 15 2000 is hereby repealed. omoo. Repeal of 47. Andhra Pradesh Ground Water (Regulation for ~~J.0r drinkingwater purposes) Act, 1996, ishereby repealed. G. TRINATHA RAG, Secretary to Government, Legislative Affairs & Justice (Inchargc) Law Depatment.