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Arunachal Pradesh Land and Ecological Sites (Protection and Management) Act, 2018

(Act No. 13 of 2018)

Last Updated 19th February, 2020 [aru006]

(a) "District Advisory Committee" means the District Advisory Committees constituted under Section 5 ;

(b) "Deputy Commissioner" means the Deputy Commissioner of the district ;

(c) "Designated area" means areas as may be notified by the Government under Section 4 ;

(d) "Ecological Sites" means and includes any area within the State of Arunachal Pradesh which is ecologically fragile, sensitive and prone to soil erosion other than the areas notified under forest laws as Reserve Forest, Anchal Reserve Forest, Village Reserve Forest, Community Reserve, Wildlife Sanctuaries, National Parks, Tiger Reserve, Elephant Reserve, Biosphere Reserve and protected Forests but are in existence as :-

(i) permanent water source catchment or watershed areas of the locality ;

(ii) all along drainage system like river, rivulets, small nallahs, feeding channels, any water bodies like ponds, lakes, swamps and marshy land having potentiality of becoming water sources ;

(iii) and area/space having rich Biodiversity of flora and fauna requiring preservation of the locality ;

(iv) and any local area having prone to soil erosion requiring adequate protection ;

(v) any marshy land, ponds, lakes and swamp;

(e) "Government", means the Government of Arunachal Pradesh ;

(f) "Land", means any land including any local area which is not a reserve forest, wildlife sanctuary and ecological site declared under relevant Forest Acts and any other law for the time being in force;

(g) "Community land" means any land belonging to or owned by a community which is under any customary or transitional law.

(h) "private land" means the land belonging to an individual, family or a group which is recognised by custom or tradition or by way of registration.

(i) "Prescribed" means prescribed by rules made under this Act;

(j) "Registered Owner" means an owner of land whose name has been recorded in the land records as maintained by Government under the Arunachal Pradesh (Land Settlement and Records) Act, 2000 or any other revenue laws for the time being in force and who has valid registered deed in respect of the land in his/her name.

(k) "Community" means residents of a village as a whole and includes a clan, sub-clan or kindred ;

(l) "Competent Authority" in relation to any provision, means any officer appointed by the Government to be the competent authority for the purpose of that provision ;

(m) "Government land" means any land acquired by the Government under any law for the time being in force or through donation of the public for establishment of Administrative Headquarter, Government Institutions and facilities under various wings of the Government or such land as defined under section-9 of the Arunachal Pradesh (Land Settlement and Records) Act, 2000.

(i) indulge in or undertake any earth cutting activities or carry any portion of land which is likely to cause a public nuisance or that is not in the interest of the general public or likely to cause damage to ecological system of the area ;

(ii) remove, fill up, dredge or any form of land which may cause damage/ destruction of flora and fauna of the land.

(iii) do any such activity which may cause damage or destruction of biodiversity and natural resources of any designated area.

(i) to recommend the Government any matter regarding administration, classification and management of the Designated Area ;

(ii) to recommend the matters, which are, required to be included in the Management Plan ;

(iii) to suggest measures concerning removal of encroachments from the Designated Area ;

(iv) to facilitate research works for the development and protection and future prospect of the Designated Area ;

(v) to take necessary action for improvement, protection and promotion of the Designated area ;

(vi) to do any work as may be assigned to it by the Government for carrying out the purpose of this Act.

(a) is not competent enough to perform or persistently defaults in discharging its duties or performing the functions assigned to it under this Act without reasonable cause or excuse ;

(b) exceeds or abuses the powers assigned to it under this Act ;

(c) is not functioning in a manner consistent with the provisions of this Act or the rules framed thereunder ;

(d) circumstances have so arisen that the Committee is rendered unable to discharge duties or to perform functions assigned to it under this Act ;

(e) it is otherwise expedient or necessary to dissolve the Committee.

(a) information regarding purpose, importance and necessity for protecting the said designated area ;

(b) the manners by which the Designated Area shall be managed, protected and preserved under the Act ;

(c) removal of encroachment from the designated area, if any and

(d) any other matter which may be considered necessary.

(1) The Deputy Commissioner shall cause notice of the intention to declare any private or community land as Designated Area to be served upon such private land owner or community land not less than thirty days prior to declaration inviting objections if any.

(2) The Deputy Commissioner shall dispose off the objection after giving a reasonable opportunity of being heard to land owner/ community members and then arrange to publish a draft notification in the Official Gazette.

(3) Any Person aggrieved by such notification made by the Deputy Commissioner under sub-section (2) as regards the proposed Designated Area of which his plot of land forms a part may, within thirty days from the date of such notification, prefer an appeal before Secretary of Land Management Department/ Board of Land Revenue who will take up the case as if the case has been received under provisions of the Rules of the Arunachal Pradesh (Land Settlement and Records) Act, 2000 and dispose off accordingly.

(4) After hearing the land owner or after disposal of appeals by the Appellate Authority, the Deputy Commissioner shall recommend the area for declaration as Designated Area to the Government.

(5) After declaration of the Designated Area as Designated Area by the Government under section 4, the land owner shall comply with the provisions of section 3 of the Act.

(6) If it is considered necessary or expedient in the interest of protection of the Designated Area, the Deputy Commissioner may take every effort to remove and rehabilitate elsewhere the land owner residing within the Designated area in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(7) Where in the opinion of the Deputy Commissioner, a very urgent condition prevails that requires taking over of such land belonging to a Designated Area by Government which is being occupied by any land owner, may take appropriate steps invoking the provisions of Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire the land with approval of the Government.

(1) If it is a hill land which is an ecologically fragile and sensitive zone -

(a) take all possible measures to prevent probable landslide and destruction of fragile, ecological sensitive zone ;

(b) take prior approval of the District Advisory Committee for construction of retaining wall including its design, if he/she proposes to construct retaining wall for protection of the hill from landslide ;

(c) shall not undertake construction of any infrastructure on both upper and lower sides of hill slope involving earth cutting and proper muck and disposal plan, without prior approval of the District Advisory Committee ;

(d) shall report to the Deputy Commissioner and District Advisory Committee of the District if there is any unnatural fault, crack on the hill slope or sliding of land/ or boulder, Bamboos and trees.

(2) If it is an ecologically fagile and sensitive zone, shall take all possible measures to prevent and protect any kind of probable damage and destruction of natural resources and shall report to Deputy Commissioner and District Advisory Committee of the District that of any incident that might lead to degradation of the ecologically fragile site.

(a) the application must be made to Deputy Commissioner in such form as may be prescribed.

(b) the permit holder must complete the research work within the time specified on the permit and submit a report on the outcome of research work to the permit issuing authority; and

(c) the permit holder must deliver possession of all items discovered, any species collected with a report after completion of research work in pursuant to the research permit, to the Deputy Commissioner.

(a) summoning and enforcing attendance of any person and examining him or her on oath as a witness ;

(b) enquiring the discovery and production of any document for record;

(c) receiving evidence on affidavit ;

(d) requisitioning any public records or copy thereon from any court or office ;

(e) issuing commission for the examination or witness of document ;

(f) enforcing or executing orders including an order for restoration of possession as if such orders were decrees of a civil court;

(g) remanding any case or proceeding to the officer from whose decree the appeal is preferred, and such officers shall record the substance of the evidence, if any, taken by him.

(i) Classification of both land and ecological Sites and the uses of various areas and purposes ;

(ii) the prohibition and restriction of the entry into special place and the control of activities within such areas;

(iii) the procedures and safeguards of any kind of use, development or occupation of the land and natural resources;

(iv) the sign, plaques and marks to be placed at a special place;

(v) determining measures including financial incentives to encourage the identification, preservation and protection of such land and ecological sites and ;

(vi) any other matters or thing necessary in the larger interest of the general public or incidental to the provision of this Act.