THE ANDHRA PRADESH GAZETTE
PART IV-B EXTRAORDINARY
PUBLISHED BY AUTHORITY
[No.11] HYDERABAD FRIDAY, APRIL 19, 2002
ANDHRA PRADESH ACTS, ORDINANCES AND
REGULATIONS Etc.
The
following Act of the Andhra Pradesh Legislative Assembly received the assent of
the Governor on
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 it enacted by the Legislative Assembly of the State of
Andhra Pradesh in the Fifty third year of the Republic of India, as follows: -
CHAPTER – 1
PRELIMINARY
1. (1) This Act may
be called the Andhra Pradesh Water, Land and Trees Act, 2002.
(2)
It extends to the whole of the State of
(3) It
shall come into force on such date as the State Government may, by notification
appoint.
2. In this Act, unless the context other wise requires: -
(1) ‘Authority’ means the Andhra Pradesh
State Water, Land and Trees Authority constituted under section 3;
(2) ’Designated Officer’ means an officer or
any person so designated by the Authority to perform the functions, under the
Act;
(3) ‘Government’ means the State Government
of Andhra Pradesh;
(4) ‘Ground water’ means
water existing in an aquifer below the surface of the ground at any particular
location of the local area regardless of the geological structure in which it
is stationery or moving and includes all ground water reservoirs;
(5) ‘Ground water basin’
means an area confined within such geological boundaries which will act as
water divides and identified and notified by the Authority;
(6) ‘Industry’ means an activity wherein goods
are produced by physical or chemical processes;
(7) ‘Landscape’ includes
all forms of trees, shrubs, grasses planted and
water bodies to enhance aesthetic value;
(8) ‘Notification’ means a
notification published in the Andhra Pradesh Gazette and the word ‘notified’
shall be construed accordingly;
(9) ‘Over
exploited basin’ means a ground water basin so declared by the Authority on the
advise of the technical expert who duly consider the quantum and pattern of
rainfall, degree of extraction of ground water and any other relevant factor
while advising the Authority;
(10) ‘Prescribed’ means prescribed by rules
made under this Act;
(11) ‘Preservation of trees’
includes planting of new trees and transplanting trees to other sites,
including protection measures such as fence, tree guards etc;
(12) ‘Public drinking water
source’ means a well, from which the Government or any local authority or such
other authority as the Government may by notification specify, provides water
to the public and includes such well or any other drinking water source as may
be notified by the Authority;
(13) ‘Public water supply
system’ means the structures relating to a public drinking water source,
including conveying pipeline, storage reservoir, stand post, cistern, hand
pump, power pump and all other materials connected thereto through which water
is supplied for drinking purpose;
(14) ‘Sink’ with all its
grammatical variations and cognate expressions in relation to a well includes
any drilling, boring or digging of a new well or deepening carried out to an
existing well;
(15) ‘State’ means the State of
(16) ‘Surface water’ means water occurring on
the land surface in ponds, lakes, streams and rivers;
(17) ‘Technical Officer’
means a subject specialist so designated by the Authority to give advice
on technical matters;
(18) ‘To fell a tree’
includes burning, cutting, debarking, girdling and release of harmful chemicals
and such other operations which cause damage to any part of the tree;
(19) ‘Tree’ means any woody
plant, whose branches spring from and are supported upon a trunk or body and
whose trunk or body is not less than 5.5 cm. in diameter and is not less than
one metre in height from the ground level; and
includes young saplings and seedlings etc., which are planted at sites;
(20) ‘Urban Area’ means a
development area declared as such under the Andhra Pradesh Urban Areas
(Development ) Act, 1975 or a Municipal Corporation constituted under the
Andhra Pradesh Municipal Corporations Act, 1994 or the Hyderabad Municipal
Corporations Act, 1955 or a Municipality or a notified area committee
constituted under the Andhra Pradesh Municipalities Act, 1965 and includes such
town or village or area declared to be an Urban area for the purpose of this
Act, by a notification, by the
Government;
(21) ‘Water shed’ means an area confined within
the topographic water divide line as identified and notified by the authority ** ** from
time to time for the purposes of this Act.
(22) ‘Well’ means a well sunk
for the search and extraction of ground water and includes a dug well, bore
well, dug-cum-bore well, tube well, and filter point;
(23) Words and expressions
used in this Act, but not defined herein shall have the meanings assigned to
them in the relevant Acts.
CHAPTER – 2
CONSTITUTION OF ANDHRA PRADESH WATER, LAND AND
TREES AUTHORITY
3. (1) As soon as may
be after this Act is brought into force the Government shall, by notification
with effect from such date as may be specified therein
constitute an authority called the Andhra Pradesh State Water, Land and Trees
Authority.
(2) The
Authority shall consist of, -
Water, Land And Trees Authority
Constitution
of
(a) Minister, Panchayat
Raj ,
Rural Development Ex-Officio
and Rural Water Supply or any
other Minister, Chairperson
nominated by the Chief Minister.
(b) Three Members of the State Legislative Ex-Officio
Assembly,
nominated by the Government Members
out of which one shall be from the
main
opposition
political party.
(c) Chief Secretary to the
Government. Vice Chairperson
(d) Secretary to the Government in charge Ex-Officio Member
of Agriculture.
(e) Secretary to the Government in charge
of Ex-Officio
Member
Irrigation and
Command area Development.
(f) Secretary to the Government in charge Ex-Officio Member
of Municipal Administration.
(g) Secretary to the Government in charge
of Ex-Officio
Member
Rural Water Supply.
(h) Secretary to the Government in charge of
Ex-Officio Member
Panchayat Raj .
(i) Secretary
to Government incharge of Ex-Officio Member
Environment,
Forests, Science and
Technology Department.
(j) Vice Chancellor, Acharya N.G.Ranga Ex-Officio
Member
Agricultural University.
(k) Three Professors of whom one each Members
from the faculties of Life Sciences,
Earth sciences and Engineering and
Technology
from the Universities in the
State
nominated by the Government for
a two year
term by rotation.
(l) Three experts in the field of water and
Members
soil conservation and
economics
nominated by the Government.
(m) Such other non-official persons not Members
exceeding five in number who, in the
opinion of the Government are
interested in the conservation of
natural resources of whom one each
shall be from the Scheduled Tribes,
Scheduled Castes and Woman
respectively.
(n) Secretary to Government incharge of Ex-Officio
Member
Rural
Development Secretary
** ** **
(3) The term of office of the nominated members except those
nominated under clause (k ) of sub-section (2) shall
be such as may be prescribed.
(4) The members shall
be entitled to such allowances as may be prescribed for attending the meetings
of the authority or performing duties entrusted by the authority.
(5) The Government, may in consultation with the State Authority, constitute by
notification, authorities at District and Mandal
levels with such composition and to perform such functions in such manner as
may be prescribed.
(6) The Authority
constituted under sub- section (1) shall be a body corporate having perpetual
succession and a common seal, with power to contract, acquire, hold and dispose
of property, both movable and immovable and to do all things necessary for the
purposes of this Act and may sue and be sued by the said name.
4. (1) The
Authority shall meet at least once in three months at such place and time as the Chairman
may
decide.
(2) The quorum to constitute a meeting of
the authority shall be one third of the total number of members.
(3) Save as otherwise
expressly provided by or under this Act, the procedure for the conduct of business
at the meetings of the authority shall be such as may be prescribed.
5. (1) The authority
may designate such persons as designated officers for the purposes of this Act
in such manner and for such areas as may be prescribed.
(2) The authority may, from
time to time, appoint such other officers and servants subordinate to the
designated officer, as may be required by way of deputation from Government
departments, or from Universities or on contract basis.
(3) The authority may also appoint such other
officers to assist the State Authority in such manner and for such purposes as
may be prescribed.
(4) The conditions of
appointment, service, and the powers and duties of such officers shall be such
as may be determined by the Authority.
6. Subject to any special
or general directions by the Government in this behalf, the authority shall perform the
following functions, namely:-
(a) promote water
conservation and enhancement of tree cover in the State;
(b) regulate the
exploitation of ground and surface water in the State;
(c) make
regulations for the functioning of the authorities at District and Mandal level
constituted under the Act;
(d) advise
the Government on the legislative and administrative measures to be taken from
time to time for the conservation of **
** natural resources;
(e) advise on economic
measures to be taken by the Government
as incentives or disincentives relating to taxes, levies, fees or other
charges to promote conservation of ** **
natural resources;
(f) advise
on strengthening public participation in conservation of natural resources from
time to time in such a way that equity in access to water in different basins,
sub-basins and regions in the State is maintained;
(g) advise on any
other matter that may be referred to it by the Government; and
(h) advise the Government on the constitution and functions of the District level and Mandal
level Authorities.
7. The Authority may delegate any of
their powers to the District level and Mandal level authorities
or any Department or Officer of the Government or Local Bodies for the purpose
of carrying out the provisions of this Act.
CHAPTER – 3
GROUND WATER PROTECTION MEASURES
8. (1) All ground water resources in the State shall
be regulated by the Authority, subject to any general or
special directions issued in this behalf
by the Government.
(2) On
and from the date of commencement of this Act, the owners of all the wells
including those which are not fitted with power driven pumps and water
bodies in the State, shall register their
wells/water bodies with the Authority in such manner as may be prescribed.
9. (1)
The Designated Officer, with the
approval of the Authority, may prohibit
water pumping by individuals,
groups of individuals or private organizations in
any particular area, if in his view such water pumping in such area is likely
to cause damage to the level of ground water or cause deterioration or damage
to natural resources or environment for a period of not more than six
months which after review may be extended for a further period of not more than
six months at a time. Provided that no well shall be sunk in such areas as may be prescribed.
(2) The
Authority may issue directions to APTRANSCO
not to raise and collect electricity bills during
stoppage of pumping of water in pursuance of order issued
under sub-section(1) thereof.
10. (1) Notwithstanding anything contained in any law for the time
being in force and having regard to the interests of the general public to have
the supply of requisite quantity of water for drinking purposes from the public
drinking water source, no person subject to sub- section (2) shall sink any
well in the vicinity of a public drinking water source within a distance ** ** of two hundred and fifty meters in areas other
than the areas covered under section 9 and sub-section (1) of section 11 thereof.
Provided that
sinking of any well for public drinking purpose and
hand pump for public or private drinking water purpose shall be
exempted under this section.
(2) Any person, who intends
to sink a well for purpose of irrigation or drinking or for any other purpose
within a distance ** ** as specified under sub-section (1) of a public drinking water source, shall
apply for permission to the Authority in such manner and on payment of such fee
as may be prescribed:
Provided
that in respect of sinking a well for the purpose of irrigation or drinking or
for any other purpose and if such
source is intended to be used with a power driven pump the person shall also
obtain prior permission of the A.P. TRANSCO
constituted under section 13 of the Andhra Pradesh Electricity Reform Act, 1998
in such manner as may be p rescribed.
(3) The Authority within forty five days of receipt of an
application under sub- section (2), may, on the advice of the Technical
Officer, for reasons to be recorded in writing, grant permission for the sinking of a well for irrigation or
drinking water purpose, if it is satisfied that such sinking shall not
adversely affect the public drinking water source or refuse to grant permission
if such sinking affects such source adversely.
(4) Every permission granted under sub- section
(3) shall be subject to the condition that the authority may for the reasons to
be recorded in writing, by order, prohibit, restrict or regulate from time to
time the extraction of water from such well if in its opinion it is necessary
so to do in the
public interest and also such other conditions and restrictions as may be
prescribed.
11. (1) The
Authority may on the advise of the technical expert, declare a particular
ground water basin as over
exploited for a
period of not more than six months
which, after review, may be extended for
a further period of not more than six
months at a time .
(2) For the purpose of sub-section (1), the technical officer
shall take into consideration the quantum and
pattern of
rainfall, degree of extraction of ground water and any other relevant factor
while advising the Authority.
(3) On and from
the date of such declaration under sub-section.(1), no well shall be sunk in
such areas except wells sunk for public drinking purposes or hand pump for
public or private drinking water
purpose.
(4) The authority may issue guidelines for improving the ground water by
suitable measures in such over
exploited ground water basins as declared under sub-section
(1) and such guidelines shall be
followed by each individual or group of
individuals or institution or organization or Government department or local
body concerned as the case may be.
(5) The Authority
may review from time to time the ground
water and results achieved after taking the measures under sub-section(4) and
it may revoke the declaration of over exploited basins as made under sub section. (1) and permit sinking of wells duly
specifying the number of wells to be sunk, depth of the well, distance between two adjoining wells and
other conditions as deemed fit after
satisfying itself that such sinking shall not adversely affect the public
drinking water source..
12. 1) Notwithstanding anything contained in any law for the time
being in force the Authority may, on the
advice
of the Technical Officer, that any existing well is found to be adversely
affecting any public drinking water source, after giving the owner a reasonable
opportunity of being heard by an order, prohibit the extraction of water for
commercial, industrial , irrigation or any other purposes from such well for a period of not
more than six months which after review may be extended for a further period of
not more than six months at a time.
Provided
that irrigation well with standing crop shall be taken as last priority for
such purpose.
(2)
Notwithstanding
anything contained in any law for the time being in force and in any other
provisions of
this Act, the Authority, on the advice of the Technical
Officer that any existing well is found to be adversely affecting any public
drinking water source and if such source cannot be adequately protected by
action under sub- section (1) may after giving the owner of such well a
reasonable opportunity of being heard, by an order require him to stop the
extraction of water and close or seal off such well forthwith either
temporarily or permanently.
(3) Whenever it is
necessary to make an inquiry or examination in connection with the protection
of a public drinking water source or with the maintenance of a public water
supply system, the Authority or any officer duly authorised
by it in this behalf may after giving prior notice to the owner or occupier of
any land:-
a) enter
upon such land as he may think necessary
for the said purpose;
b) undertake
surveys or take water levels;
c) conduct
pumping tests and geophysical surveys;
d) conduct
well logging on the bore;
e) install
and maintain water levels recorded and
water gauges on the well; and
f)
do all such other things as may be necessary for
pursuing such inquiry and examination;
(4) Notwithstanding anything contained in sub-
sections (1), (2) and (3), the Authority may on the advice of the Technical
Officer in any urban area, issue an order:-
a) Prohibiting
extraction of water for sale from an
over
exploited water source or aquifer or residential areas or in the recharge
zones of residential areas depleting the public or private water sources
and affecting the supply of water for domestic usage;
b) Prohibiting
the drawl of the ground water within the premises of multi-storied
buildings for sale of water outside
the premises of such multi-storied
building..
(5) The Authority may, on the
consideration of the availability of drinking water, command any existing well
in order to ensure supply of drinking water to the local population. For this purpose the Authority may take over
the well for such period as deemed necessary subject to such conditions as the
Authority may prescribe.
(6) The
Authority may issue directions to the concerned including local bodies for preventing wastage of water
from the public water supply system or public drinking water source.
(7) The
Authority may issue directions by general or specific order to APTRANSCO not to
raise and collect
electricity bills during stoppage of pumping of water in
pursuance of order issued under this section.
13. In order to
curb unhealthy competition to tap water from deeper layers of ground water and
to maintain ground water, the Authority
may issue directions specifying the distance for sinking of wells from the
existing well and depth for such sinking
and such other conditions in areas other than overexploited
ground water basins as declared under sub-section (1) of section 11,
areas declared under section 9 and
near drinking water sources as specified under sub-section (1) of
section 10.
14. (1) Every
rig owner shall register his machinery with the Authority in such manner and on
payment of such fee
as may be prescribed.
(2)
Every rig owner or operator shall follow the instructions issued by the
Authority from time to time.
15. (1) Wherever it appears to the Authority
that any well has been sunk or is being sunk or water has been
extracted
or is being extracted in contravention of
any of the provisions of this Act , the Authority or any officer
duly authorised by it in this behalf, may enter upon
that land, remove obstruction, if any, close the pumping of the water,
disconnect the power supply, seize any material or equipment used in connection
with such extraction of water and take any such action, as may be required to
stop such extraction and may by
order require the owner or the person in possession of the well to close or
seal off the well at his expense and in such manner as the Authority may
specify in such order and such owner or person shall comply with such order.
(2) Where such owner or person fails to
comply with any order made under sub- section (1), the Authority may after
giving such
owner or person due notice in that behalf enter upon the land and close or seal
off the well and the cost incurred thereof shall be recoverable from such owner
or person as arrears of land revenue.
16. Where an order of
permanently closing down or sealing off the well, which is giving substantial
yield and which is really useful for irrigating any land or for an industrial
use, is made under sub-section (1) or
sub-section (2) or sub-section(5) of
section 12, the Authority may on making such enquiry and requiring the
owner to produce such evidence as he may deem necessary, make an order for
payment of compensation which shall not be less than the market value of the
well including the other expenditure incurred like energisation
thereon and structure thereon and standing 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
provisions of the Land Acquisition Act, 1894 in determining the market value of the well
under this section:
Control
Act 1 of 1894
Provided that, where an order under sub-section
(1) or sub-section(2) or sub-section (5)
of section 12., relates to
temporarily closing down or sealing off a well, water from which is used for
the irrigated crops, standing at the time of making such an order, compensation
for such crops shall be payable under
this 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 well which is permanently closed or sealed
off for any reason whatsoever, allowed
to be opened for extracting water
therefrom and any subsequent order made for permanently
closing down or sealing off such well again shall not entitle the owner
thereof, to claim compensation to such well.
Provided
also that compensation shall
not be paid in such cases of temporary or permanent closure of
wells in pursuance of order passed under section 15.
17. (1) To
improve the ground water resources, by harvesting and recharge
, ** ** the Authority may issue
guidelines for constructing
appropriate rainwater-harvesting structures
in all residential, commercial and other premises and open spaces having
an area of not less than 200 square
meters in the manner prescribed within
stipulated period failing which the authority may get such rain water
harvesting structure constructed and recover the cost incurred along with a penalty as may be prescribed.
(2) Notwithstanding anything contained in
the relevant laws the Municipal Corporation or Municipality or any other local
Authority as the case may be, shall impose a condition for providing
appropriate rain water harvesting structure and or roof top harvesting
structures in the building plans in an area of not less than two hundred
square meters, while according approval for construction and permanent
water and electricity connection shall be extended only after compliance of the
directions given in this regard.
(3) The
Authority may issue guidelines to Municipal Corporations or Municipalities or
any other local authorities in
the state for providing incentives
for constructing roof top harvesting structure
18. The Authority may
formulate guidelines including suitable incentives for recycling and reuse of waste
water by industrial, commercial users and local bodies and in the event of
non-feasibility in the opinion of the Authority
to install suitable recycling and reuse system , the Authority may levy
appropriate charges.
Provided
that the Technical Officer may suggest appropriate measures for this purpose,
which shall be adopted by the industry, commercial unit and local bodies
concerned
19. (1) No ground water resources shall be
contaminated in any manner by anybody including industrial, local