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Tuesday, November 23, 2010

53-WALTA ACT

WALTA ACT
LAND CELL
AMR-APARD
ANDHRA PRADESH WATER, LAND AND TREES ACT – 2002
(APWALTA – 2002)
Objectives:
1.  To promote water conservation and Tree cover.
2. For protection and Conservation of water sources ,land and matters
connected there with
3.  To regulate the exploitation and use of ground and surface water.
This Act came into force w.e.f. 19-4-2002. This Act contains 6 chapters 47
sections and 30 rules.
Chapter – 1   :  Preliminary containing 1 & 2 Sections.
Chapter – 2  :  Constitution of AP Water, Land and Trees
Authority. (3-7 Sections). Section 7 deals with
the delegation of powers.
Chapter – 3  :  Ground Water Protection measures, (8 – 19
Sections).
Chapter – 4 :  Surface water protective measures. (20-27  Sections)
Chapter – 5 :  Trees (28 – 32 Sections)
Chapter – 6  :  Miscellaneous (33 – 47 Sections)
As per Section 3 of the Act and rules 8,9,and 10, District Authority, Divisional
and Mandal Authorities have been constituted. For Mandal authority, Tahsildar
is the Chairman, Mandal  Development Officer is the Vice-Chairman and
Assistant Executive Engineer is the Secretary.
I Ground Water Protection Measures:
1.  Registration of Wells ( Section 8 , Rule 12)
2.  Prohibition of water pumping in certain areas(Section 9 )
3.  Permission for well and permission for well sinking near drinking water
source(Section 10 , Rule 13 and 14 )
4.  Over exploited areas( Section 11)
5.  Protection of public drinking water sources( section 12 )
6.  Distance and depth for sinking wells(.Section 13)
7.  Registration of drilling rigs( Section 14 , rule 17 ).
8.  Closure of Wells ( Section 15 )
9.  Taking-over of well to ensure drinking water.(Rule 15 )
10. Compensation for closed wells ( Section 16)
11. Rain water harvesting structures( section 17 , Rule 16)
12. Re-use of water(section 18)
13. Prohibition of water contamination.( Section 19)
1.Registration of Wells:Section 8 of the Act and Rule 8 deals with the
Registration of the Wells.
 Every owner of the well shall register his / her application giving
details in Form – 1 paying prescribed fees of Rs. 10/-
 The Village Revenue Officer of the Gram Panchayat facilitate
registration of wells.
2.Prohibition of water pumping in certain areas:
When  water pumping is likely to cause damage to the level of ground
water or cause damage to natural resources or environment, the designated
officer with the approval of the Authority may prohibit water pumping for a period
of not more than six months at stretch.
3.Permission of wells sinking near drinking water source:Section 10
[Rules 13 & 14].
 No person shall sink any well in the vicinity of a public drinking water
source within a distance of 250 mtrs. in areas other than the areas
covered under Section – 9. Sinking of any well for drinking water
purpose and hand pump for public orprivate drinking water purpose
is exempted .

 Any person who intends to sink a well for purpose of irrigation or
drinking or for any other purpose within the vicinity of public
drinking water sourceshall apply for permission to the authority
and that application shall be disposed off with in 45 daysfrom
receipt of application.
 Any person desiring to take a new wellof any kind in their premises
should obtain permission by submitting the authority through an
application in Form 2 & 5 together with the prescribed fee to the
Village Revenue Officer.
 The Village Secretary shall pass iton to the Mandal Authority within
two days.
Mandal Authority with the opinion of the Technical Officer shall
dispose of the application within 15 days.
 Every order for permission shall be in Form 3 & 6.
 Feasibility report of APTRANSCO and D.D of Rs.1200/- towards
insurance premium should be appended to the application for
obtaining the permission.
 Prescribed Fee is Rs. 100/-.
4.Over Exploited areas( Section 11)
The Authority on the advice of the Technical expert, declare a particular
ground water basin as over exploited area for a period of not more than six
months .Quantum and pattern of rainfall , degree of extraction of ground water
shall be taken into consideration for declaring a particular ground water basin as
over exploited area.
5. Protection of public drinking water source ( section 12)
The Authority on the advice of technical officer may prohibit the extraction of
water for commercial , industrial , irrigation or any other purposes from such well
for a period of not more than 6 months when any existing well is found to be
adversely effecting any public drinking water source.
The Authority on the advice of Technical officer in any urban area issue
an order
( a) prohibiting extraction of water for sale from an over exploited water
source or acquirer or residential areas orin the recharge zones of residential
areas depleting the public orprivate water sources and affecting the supply of
water for domestic usage
(  b)  prohibiting the drawal of the ground water within the premises of
multi-storied building for saleof water outside the premises of such multi-storied
building.
6. Distance and depth for sinking of wells:
The Authority may issue directions specifying the distance for sinking of wells
from the existing well and depth for such sinking to curb unhealthy competition
to tap water from deeper layers of ground water and to maintain ground water.
7. Registration of drilling rigs: Section – 14 [Rule 17]
Every rig owner shall register the rig with the authority by paying the
prescribed fee Rs.1000/- which shall be renewable for every two years.
 The application shall be made in Form – 15 and the permission in Form –
16.
 The rig owners are required to display the Form – 16 at all times upon the
rig.
Failure to register the rig shall be an offence and shall be dealt in
accordance with the rules.
8 & 9 .Closure of Wells and taking-over of well to ensure drinking  
water (Section15, Rule 15)
 Authority by General order or by special order authorize the designated
officer to identify such well as required to ensure supply of drinking water
to local population. Onidentification of such well the designated officer
shall serve or cost to serve an order of requisition on the owner of the well
specify the period of such requisition. (It should not exceed more than 6
months) – Rule 15.
 Wherever it appears to the authority with 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 sort of wells may be
closed – Section 15.
10. Compensation for closed wells. (Section 16)
The Authority may on making such enquiry and requiring the owner to
produce such evidence as hemay 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 there on and structure
thereon and standing crop atthe time of making such anorder and with regard to
the determination of compensation for the well situated in a land acquired shall
apply the provision of the Land Acquisition act, 1894 in determining the market
value of the well under this section . Compensation shall not be paid in such
cases of temporary or permanent closure of wells in pursuance of order passed
under section 15.
11 Rain water harvesting structures: ( Section 17 , Rule 16 )
The Authority may issue guide linesfor constructing appropriate Rain water
harvesting structures in all residential, commercial and other premises and open
spaces having an area of not less than 200 sq.mts in the manner prescribed with
in 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 .
12. Re- use of water: ( Section 18 )
The Authority may formulate guidelinesincluding suitable incentives for recycling and re-use 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.
13.Prohibition of water contamination ( Section 19 , rule 18 )
(a) No ground water resources shall be contaminated in any manner
by any body including industrial , local bodies and acqua culture
waste disposal.
(b) Direct disposal of waste waters into the acuifers , is prohibited.
The Authority shall restrict , regulate and prohibit storage and disposal of
effluents by any person or industry , local body or acqua culture farm into any
stream or well or sewer or an land to prevent and control contamination of
ground water
II Surface water protective measures:
1.  Land use and water quality( section 20 , Rule 19 )
2.  Water use in water sheds ( section 21
3.  Optimum use of surface and ground water ( Section 22)
4.  Protection of lakes , ponds and tanks ( section 23)
5.  Ceiling on water usage ( Section 24 , Rule 22)
6.  Power to designate ( Section 25 )
7.  Protection from breaches ( Section 26)
8.  Sand mining ( Section 27)
1.Land use and water quality:
The Authority may direct the occupier of any land that land use shall be
modified if the quality of the water coming from the land is not of applicable
quality compared to the prescribed standards.
The  authority  may  impose  restrictions and prohibit any industry and
carrying out of any process and operationsin any area to protect water and
soil quality in the area.
Power to issue orders under thisrule includes power to order for ,-
(a ) Shifting and closure of industry
( b) Prohibition or regulation of anyprocess or operation .
2.Water use in water sheds :
The water shed committees shall adopt the measures as suggested by the
officer concerned and the members ofthe water shed committees shall be
trained by the officer concerned and the members so trained shall in turn
train the other farmers prior to signing of the Memorandum of Understanding.
The  officer  concerned  shall  have the power to determine and recover
investments made here after by fresh sanctions by the government in the
watersheds and in the case of non-compliance with the provisions of the
Memorandum of understanding , the amount due shall be recovered as if it
were arrears of land revenue fromthe party found responsible.
3.Optimum use of surface and ground water:
 Water users association shall ensure optimum use ofsurface and ground
water and for this purpose the water users association shall adopt the
measures suggested by the designated officer.
4.Protection of lakes, ponds and tanks:
The Authority may notify water bodies like lakes, village ponds and minor
irrigation tanks along with the nalas  as heritage bodies and conservation
areas and take measures to permanently demarcate the boundaries and to
evict and prevent encroachment .
5.Ceiling on water usage:
The designated officer may prescribe ceiling on the water usage per unit of
production by any industry or commercial unit. Ceiling for a few industries is
noted below:
Sl.No;  Name of the Industry  Ceiling
1  Jute processing industry 1.5 kilo ltr per ton of  produce
2  Large paper & Pulp Industry  100  kilo  ltr.  Per  Ton  of
paper produced
3  Small paper and pulp industry  150  kilo  ltr.  Per  Ton  of
paper produced
4  Sugar Industry  100 litres per Ton of
cane crushed.
Water Cess :
The Authority may levy a cess on consumption of water and discharge
of effluent by an industry . water cess levied is 1.5 paise – 9.5 paise per kilo
litre.
6.Power to designate :
The Authority shall have power to designate an officer incharge of water bodies
to ensure proper protection and conservation of water bodies.
7. Protection from breaches :
To prevent and restore breaches to irrigation sources with in a specified time
the Authority may direct the water users associations.
8. Sand Mining - Section 27 [Rule – 23]
 Transportation of sand shall be banned in notified over exploited
ground water regions.
 Sand mining shall not be permitted innotified areas except for local
use in villages or towns bordering streams.
 Sand lease holders shall not carryout quarrying within 500 meters of
any existing structures such as bridges, dams etc.,
 The streams or rivers where the thickness of the sand is quite good ie.,
(more than 8 meters), the depth ofremoval may be extended to 2
meters, but in no case beyond 2 meters sand mining shall not be
permitted in streams where the thickness of sand deposition is less
than two meters.
 Sand mining shall not be permitted within 15 meters or 1/5
th
of the
width of the stream bed from the bank.
 Sand mining
III Trees – Section 28 [Rule 24]
In every Municipal Corporation or Municipality or other local area the
number of trees to be planted as detailed below:
Residential Area  Commercial / Institutional Area
1.  Below 100 Sq. Mtrs – 3 trees
2.  101 – 200 Sq. Mtrs – 5 trees
3.  201 – 300 Sq. Mtrs – 10 trees
4.  301 – and above Sq. Mtrs – 10 + 5
(for every increase of 100 Sq.
mtrs)
1.  Below 200 Sq. Mtrs – 2 trees
2.  201 – 500 Sq. Mtrs – 4 trees
3.  501 – 1000 Sq. Mtrs – 6 trees
4.  above 1001 Sq. MTrs 6 trees + 2
trees for every increase of 100 Sq.
Mtrs.
If any owner desires to fell a tree,he shall apply in writing to the
designated officer for permission in Form – 13 with a fee per tree as
indicated below:
(i)  For Urban residential and Institutional areas – Rs. 50/-
(ii)  For Urban commercial areas – Rs. 100/-
 On receipt of such application the designated officer after inspecting the
trees and holding such enquiry, as he deems necessary either grant or
refuse the permission applied for in Form - 14. The application shall be
disposed within 15 days.
 Permission will be granted subject to condition that another two trees of
the same or suitable species to be planted on the same site or suitable
place within 30 days.
 If number of trees in any premisesor open area is not adequate according
to the standard the owner or occupier may be ordered for planting
additional trees. The owner or occupier of the land shall comply with the
order within 90 days.
 Where any tree has fallen or destroyed by fire lightening or rain or other
natural causes, the owner / occupier may be ordered to plant a tree in the
place of the tree so felled. The owner or occupier shall comply with the
order within 90 days.
 Government through the Memo no: 7175/-A /RD.IV/A2/2003dt 11.6.2005
exempted felling of the following species
(a) Subabul
(b) Casuarina
(c) Eucalyptus
From taking permission under A.P.water, Land and trees Act.2002. this
exemption is only for the paper mills.
IV Penalties – Section 35 [Rule – 26]
   Whoever violates any of the provisions of this act shall be punishable with
a fine, which shall not be less than Rs. 1000/- but which may extend to Rs.
5000/-.
 For felling of trees without prior ofpermission 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 value of such tree.
V Compounding of offence:Section – 37 [Rule 27]
 A sum of money not less than Rs.1 lakh by way of compounding of the
offence shall be levied in respect ofcontravention of Section 10, 14 and
27 (Permission for well sinking near drinking water source, registration of
drilling rigs and sand mining).
 The order shall 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.
 When the compounding fees levied and paidby the offender a receipt in
Form – 11 shall be issued to a person paying the compounding fee.
VI Confiscation of Property – Section 38 [Rule 28]
 Where the authorized officer based on the gravity of the offence do not
agree for compounding of offence the authorized officer may order for
confiscation of seizures produced before him.
VII Appeals – [Rule – 29]
 Any person aggrieved by any order made by the designated officer may
appeal to the District Authority within a period of 30 days from the date of
receipt of the order by him.
Any person aggrieved by any order made by the district authority may
appeal to the state authority within 30 days from the date of receipt of the
order by him.
 The decision of the state Authority shall be final and binding.
STATEMENT SHOWING THE DESIGNATED OFFICERS NOMINATED BY VARIOUS DEPARTMENTS
Sl.No  Name of the Department  Mandal Level  District Level  State Level
1.  Agriculture  Mandal Agricultural Officer  Joint Director of
Agriculture
Addl. Director of Agriculture –
IV, O/o The Commissioner &
Director of Agriculture.
2.  Panchayat Raj & Rural
Employment
M.P.D.Os  C.E.Os & D.P.Os  Dy. Commissioner (P&T),
O/o the commissioner (PR &
RD)
3.  Ground Water Department  Asst. Directors (Hg, H, Gp),
Assistant Hydrologist, Assistant
Hydrologist, Asst. Geopbysicist.
Deputy Director 
4.  Forest Department  Forest Range Officer
(Territorial) of the nearest
range to the Mandal
Headquarter.
Divisional Forest
Officer (Territorial) at
the District
Headquarter.
Chief Conservator of Forests
(FCA), O/o The PCCF, AP,
Hyd.
5.  A.P. Pollution Control
Board
Asst. Environmental Engineer  Environmental
Engineer (Regional
Officer)
Senior Environmental
Engineer.
6. Panchayat Raj
Engineering Department
Dy. Executive Engineer (RWS)  Executive Engineer
(RWS)
Chief Engineer (RWS)
The following departments are implementing agencies for the purpose of
implementation of various provisions of the act.
(i)  Ground water Department – for registration of machine by all rig
owners, sand mining and classification of Ground water basin.
(ii) Municipal Administration & Urban Development – for construction of
rain water harvesting structure,tree planting, permission for
construction of new building subject to planting of prescribed number
of trees.
(iii)  Pollution Control Board – for  prohibition of water contamination
including prohibition of direct disposal of waste water into the water
bodies, regulation of ceiling on water use by any industry or
commercial unit.
(iv)  Mines and Geology department & Panchayat Raj Department in
consultation with ground water department, Revenue Department for
monitoring of sand mining for water bodies.
(v)  Forest Department – for granting permission of tree felling.
Functions of the Officers withregard to A.P.WALTA Act:
Sl.No  Name of the Officer  Functions  Fees
1.  Village Revenue Officer 1.  Registration of existing wells
and bores
2.  Forwarding the application in
Form No. 1 to the Tahsildar.
3.  To safeguard water resources
4.  Plantation and protection of
trees.
Rs. 10/-
2.  Tahsildar  1.  Giving permission for digging
new wells.
2.  To maintain register with
regard to wells and bores.
3.  To check sand mining with
coordination of Mines,
Geology and Panchayat Raj
Department.
Rs. 100/-
3. Deputy Director,
Ground Water
Department.
1.  Registration of rigs
(Registration of the rig
machines will be done at the
district level only)
2.  Riving technical opinion with
regard to digging new wells
and bores.
3.  To check and safeguard sand
mining.
Rs. 1000/-
4. A.P. TRANSCO,
Assistant Engineer  1. Feasibility Certificate 
5.  A.P. Pollution Control
Board, Asst.
Environmental
Engineer
1. To Check industrial pollution
2. To Check water contamination
3. To regulate the usage of water in
industries / commercial purpose.
6.  Mines & Geology
Department, Assistant
Director
1. Supervising and checking sand
mining.
7.  Forest Range Officer  1. To check felling of trees 
CONSTITUTION OF ANDHRA PRADESH WATER, LAND , TREES
AUTHORITY
Minister, Panchayat Raj , Rural Development
and Rural water supply
Ex- officio Chair person
Chief Secretary to the Government  Vice- chair person
Secretary to the Government in-charge of
Agriculture
Ex-officio Member
Secretary to the Government in-charge of
irrigation and Command area Development.
Ex-officio Member
Secretary to the Government in-charge of
Muncipal Administration.
Ex-officio Member
Secretary to the Government in-charge
ofRural water supply.
Ex-officio Member
Secretary to the Government in-charge of
Environment, Forests , Science and
technology Department
Ex-officio Member
Vice-Chancellor, Acharya N.G. ranga
Agriculture university
Ex-officio Member
Three professors of whom one each from the
faculties of Life Sciences, earth Sciences
and Engineering and Technology from the
universities in the State nominated by the
Government for two year term by rotation
Members
Three experts in the field of water and soil
conservation and economics nominated by
the Government
Members
Such other non-Official persons not
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.
Members
Secretary to Government incharge of Rural
Development.
Ex-Officio Member Secretary.
CONSTITUTION OF WATER, LAND, TREES AUTHORITY AT THE
DISTRICT LEVEL IN THE STATE.
(a)  The District Collector  Ex-Officio Chairman
(b) ----------------------- ------
(c)  Three Mandal PArishad Presidents and two
Zilla PArishad Territorial Constituency
Members to be nominated by the Ex-Officio
Chairman of the District Authority.
Members
(d)  Joint Director, Agriculture  Ex-Officio Member
(e) Superintending Engineer, Irrigation Ex-Officio Member
(f)  Superintending Engineer, Rural Water
Supply
Ex-Officio Member
(g)  Deputy Director, Ground Water Department  Ex-Officio Member
(h)  Deputy Director, Mines and Geology
Department
Ex-Officio Member
(i)  Deputy Conservator of Forests (Planning
and Extension) or Territorial Divisional
Forest Officer
Ex-Officio Member
(j) Project Officer, integrated Tribal
Development Agency / MADA / PTG
Ex-Officio Member
(k) Regional Officer, Andhra Pradesh Pollution
Control Board
Ex-Officio Member
(l)  Chief Executive Officer, Zilla Parishad  Ex-Officio Member
(m)  An Official from Hyderabad Metroplitan
Water Sewerage Board, in respect of
Rangareddy and Hyderabad Districts.
Ex-Officio Member
(n)  One Official from Municipal Administration
Department
Ex-Officio Member
(o) Other Non-Official persons not exceeding
five, who in the opinion of the Ex-Officio
Chairman of the District Authority are
interested in the conservation of natural
resources of which one shall belong to
Scheduled Caste, one to the Scheduled
Tribe and one shall be a Woman
Memebrs
(P)  Director, Urban Forestry, HUDA in respect
of Hyderabad and Rangareddy Districts.
Ex-Officio Member
(q)  Project Director, Drought Prone Area
Programme / District Water Management
Agency
Ex-Officio Member -
Secretary
CONSTITUTION OF WATER, LAND, TREES AUTHORITY AT THE
MANDAL LEVEL IN THE STATE.
(a)  Tahsildar of the concerned Mandal  Ex-Officio Chairman
(b)  Mandal Parishad DevelopmentOfficer  Ex-Officio  ViceChairman
(c)  Sarpanch of the Mandal Head Quarters
Gram Panchayat
Member
(d)  Two Mandal PArishad Territorial
Constituency Members of the concerned
Mandal to be nominated by the Ex-Officio
Chairman of the District Authority
Members
(e) Assistant Executive Engineer, Irrigation
Department
Ex-Officio Member
(f)  An Officer from Ground Water
Department
Ex-Officio Member
(g) Assistant Director, Agricultural
Department
Ex-Officio Member
(i)  Forest Range Officer of the nearest
Range.
Ex-Officio Member
(j)  Three Non-Official Members, of whom,
one shall be a Woman, who in the opinion
of the Ex-officio Chairman of Mandal
Authority are interested in Conservation
of Natural Resources orPresidents of the
Water Users Association / Van
Samrakhan Samithi / Watershed
Association with the approval of the Exofficio Chairman of the District Authority.
Ex-Officio Members
(k)  Assistant Executive Engineer, Rural
Water Supply
Ex-Officio Member
Secretary
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