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Tuesday, November 23, 2010

58-WALTA-3

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 the 18
th
April, 2002 and the said assent is hereby first published on the 19
th
April,
2002 in 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 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 Andhra Pradesh.
(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 undersec tion 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 suchgeological
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 ru les 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 Go vernment
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 sy stem’ 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 Andhra Pradesh;
(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 orbody 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, -(a)  Minister, Panchayat Raj , Rural DevelopmentEx-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 Govern ment   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 sciencesand 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 Castesand 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, withpower
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 ofbusiness 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 suchother 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.  Subj ect 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 timefor 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 bodiesin 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 p rivate 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 raiseand 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 purposeshall 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 p ower 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 o f 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
adverselyaffecting 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 morethan 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 wat er 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 o f the ground water within the premises of multistoried 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
electr icity 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 section9 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 subsection (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:
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 subsection (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 constructingappropriate rainwater-harvesting structures
in all residential, commercial and other premises and open spaces  having
an area of not less than 200 square metersin 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
Control Act 1
of 1894
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
bodiesand aquaculture wast e disposal.
(2)  Direct disposal of waste waters into the aquifers, is prohibited.
CHAPTER –4
SURFACE WATER PROTECTION MEASURES
20.  The Authority or any designated officer may direct the occupier of any land that
land use shall be modified if the q uality of the water coming from the land is not
of acceptable quality compared to the prescribed standards
21.  (1)  To ensure that land and water use in the watersheds shall be conducive
for efficient utilization of these resources
as well as ground wat er recharge, the watershed committees shall adopt
the measures as suggested by the  officer concerned and  ** the
members of watershed 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.
(2)  The  officer concernedshall have the power to determine and recover
investments made hereafter by way
of fresh sanctions by the Government in the watersheds and in 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 from the party found responsible
22.  In Irrigation command areas, Water Users Associations shall ensure optimum use
of surface and ground water and for this purpose the water users Associations
shall adopt the measures suggested by the designated officer.
23.  (1)  The authority may notify water bodies like lakes, village ponds and minor
irrigation tanks along with nalas (water course  or drainage course) as heritage
bodies and conservation areas to prevent conversion of their intended use and
the authority shall take all measures to permanently demarcate the boundaries
through the department of the Government or the organization concerned as
per the memoirs of lakes / tanks / ponds / nalas (water course or drainage
course) and shall take measures to evict and prevent encroachment. For this
purpose, the Authority may give directions to the concerned department, agency,
statutory body  or official and upon such direction, the concerned department,
agency, statutory body or official shall comply with such directions. The
authority may also issue guidelines in this regard and the guidelines shall be
complied with by all the concerned
(2)  The designated officer shall have the power to prevent and remove
encroachments into the demarcated area of the water body.
(3)  No undesirable wastes including liquid wastes shall be allowed to be
dumped in the water bodies by any person or organisation.
(4)  The Authority shall in consultation with technical experts decide the
permissible levels of pollutants which can be allowed into the water
bodies.
(5)  The designated officer shall have the authority to take required steps to
prevent and control polluted water entering the water bodies.
24.  (1)  The designated officer may prescribe ceiling on water usage per unit of
production by any industry or
commercial unit.
(2) TheAuthority may levy cess or surcharge on the water used for
production activities.
25.  he Authority shall have power to designate an officer to be incharge of the water
bodies in the State, Municipal Corporations, Municipalities, urban areas  or
Gram Panchayats  to ensure proper protection and conservation  of the water
bodies.
26.  The Authority may direct the water users associations to prevent and restore
breaches to irrigation sources within a specified time and take up such measures
through the officer concerned ** **.
Power to
designate
Sand mining
27.  The Authority may frame  guidelines for sand mining from water bodies wherever
such sand mining is environmentally harmful both in private and Government
lands.
Provided that sand mining shall not be permitted in over exploited basins as
declared by the Authority under sub-section
(1) of section.11 of the Act.
***
CHAPTER-5
TREES
28.  (1)  The Authority may direct that every Municipal Corporation or Municipality
or any other Local Authority, as
the case may be to insist for compulsory plantation with such number of
trees and their maintenance as may be prescribed while according
approval of building plans.
(2)  The Authority may also direct the Municipal corporation or Municipality or
the other Local Authorities, as the case may be, to designate an officer
to be incharge of tree plantations in their respective areas.
(3)  Tree plantation and landscaping shall be adopted in all public and private
premises for which purpose Municipal Corporations or Municipalities or
other local Authorities,  as the case may be may issue directions to
individuals, organisations or other persons for tree planting and
landscaping in their premises. The directions issued shall be
implemented by the individual, organisations or other persons within a
period asmay be prescribed failing which Municipal Corporations or
Municipalities or other local Authorities, as the case may be, shall
implement the directions and cost there of shall be recovered from the
individual, organization or other persons along with a  penalty as may be
prescribed.
(4)  Tree plantations in urban public areas and road margins shall be owned
by the Municipal Corporation or Municipality or other Local Authority, as
the case may be .
(5)  No felling of the trees or branches is permitted without the prior
permission of the designated officer. In case when a tree is to be
felled, not less than two seedlings should be planted and when such
planting is not possible, cost of raising seedlings and their maintenance
shall be recovered from the  concerned individual, organisation or other
persons for raising plantations in public places.
(6)  The Authority may issue suitable guidelines for planting, protection and
maintenance of existing trees or landscape in public premises including
public andprivate schools, colleges, Medical colleges, Engineering
colleges and other institutions and the Head of the institution shall be
made responsible for the same.
(7)  The Authority may direct the Municipal Corporations or Municipalities or
other local authorities, as the case may be, to take up plantation and
maintenance of existing trees in all public places under control of such
Municipal Corporations or Municipalities or local authorities concerned as
the case may be.
29.  (1)  Any person, institution,  organization or department, public or private,
providing a public or private utility
service including Roads and Buildings department, Energy department of
the Government and Telecommunications Department shall ensure
protection of trees and their branches while developing their
infrastructure or carrying on their activities.
(2)  Wherever laying of new roads or widening of roads involves cutting of
existing tree , the Authority may issue suitable guidelines for protection
of such tree growth as it deems fit.
30.  (1)  The authority may formulate guidelines for tree plantations along with
the road margins, canal banks, tankfore shores and water bodies.
Provided that the cost of plantation and further maintenance shall be included in the cost of
formation  of the roads, canals and tanks and suitable amount may be earmarked for plantation
and protection of trees within any of the existing provisions for supervision or miscellaneous or
unforeseen expenditure under all works estimates as prescribed.
(2)  The Authority may direct the Local Authorities to ensure tree plantation
in the fore shore areas of the open water bodies.
(3)  All agricultural land owners  except small and marginal farmers and
wetland owners as determined by the Government  shall plant trees in
their land holding as prescribed by the Authority  upto 5% oftheir total
land holding and felling permission for trees shall be given only when the
land owner plants trees in equal extent of land:
Provided that the area covered by the existing tree  growth including fruit bearing horticultural
crops shall be included while calculating the area under tree growth.
Provided further that suitable incentives, as may be prescribed, shall be given to the landowner
who plants tree species in his total land holding.
(4)  The government may constitute a committee for protection and
maintenance of the plantations raised in the lands raised outside the
forest and the said committee shall function as may be prescribed.
31.  It shall be competent for the Authority to protect tree plantation by encouraging
stall fed goat rearing and by      rehabilitating the goat rearers in a phased
manner.
32.  It shall be competent for the Authority to encourage all families  especiallyliving
in the fringes of forest areas to a cquire non-conventional energy devices in order
to protect the trees.
CHAPTER-6
MISCELLANEOUS
33.  (1)  Any person, aggrieved by any order made under any of the provisions
of this Act may, within a period of
30 days from the date of receipt of the  order by him, appeal to the
Authority, if the order is made by any other officer.
(2)  On receipt of such appeal, the Authority shall after giving a reasonable
opportunity to the appellant of being heard, pass such order as it may
think fit.
Explanation: For the purpose of this section, the expression ‘person
aggrieved’ includes a Local Authority, the Panchayat Raj or Municipal
Administrative Engineering Department, State Ground Water Department
and any other agency or authority entrusted with the responsibility of
supplying drinking water or protection of trees.
(3)  Before passing an order in such appeal, the Authority shall obtain the
opinion of the technical experts appointed by the Authority and shall
take the same also into consideration.
(4)  The  technical expert shall forward his opinion within ten days from the
date of receipt of a reference in that behalf by him  and in the event of
failure to furnish such opinion by the technical officer within ten days,
the Authority or Designated officer may call the technical expert with
the relevant records and pass appropriate orders as it deems fit.
(5)  Save as otherwise provided in sub-section (1), every order made by the
Authority in appeal or otherwise may be reviewed by the Government
and the Government may advise the Authority to reconsider the order
and upon such advise, the Authority may pass orders after
reconsideration and such orders passed shall be final and binding and
shall not be reviewed.
34.  (1)  No suit, prosecution or other legal proceedings shall lie against any
public servant or person appointed or authorised
under this Act, in respect of anything which is in good faith done or
intended to be done under this Act or in pursuance of any order made or
directions issued under this Act.
(2)  No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the Government for any damage caused or
likely to be caused by any thing which is in good faith done or intended
to be done under this Act or in pursuance of any order made or
directions issued under this Act.
(3)  Any action or act done by any public servant in the absence of good faith
as determined by the Authority shall not be covered under the protection
given under sub-sections (1) and section(2) and such public servant
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
35.  (1)  Whoever contravenes any of the provisions of this Act or obstructs any
person in the discharge of his duties
under this Act or contravenes any order or violates any rule made under
this Act shall be punished with fine which shall not be less than one
thousand rupees but which may extend to five thousand rupees Provided
that the person responsible for abetment of such offence or connivance
shall also be liable and punished accordingly.
(2)  Whoever without any lawful authority damages, alters, pollutes or
obstructs any part of a public water supply system or a water body,
encroaches water bodies including tanks, lakes, ponds, nalas, (water
course or drainage course), contaminates ground water in any manner
by industrial and aquaculture waste disposal or directly disposes waste
water into the aquifers shall be punishable with imprisonment for a
term which shall not be less than one month but which may extend to
six months or with fine which shall not be 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 or remedying the same  shall be
recovered as an arrears of Land Revenue.
Provided that the Person responsible for abetment of such offence or connivance shall also be
liable and punished accordingly.
(3)    Whoever without any lawful Authority fells a tree shall be punishable
with a fine which shall not be less than two
times of the value of such tree but which may extend to five times of
value of such tree.
Provided that the person responsible for the abetment of such offence or connivance shall also
be liable and punished accordingly. 
(4)  In the case of a second or subsequent offence, the offender shall be
punished with twice the amount of fine prescribed for such offence
under sub-section (1) or sub-section (2) or sub-section (3), as the case
may be.
Provided that the Person responsible for the abetment of such offence or connivance shall also
be liable and punished accordingly.
36.  (1)  Subject to the rules, if any, made in this behalf, every notice or order
issued under this Act, may be served either
by tendering or delivering a copy thereof in person or by post to the
person on whom it is to be served, or his authorised agent or if the
service in the manner aforesaid cannot be made, by affixing a copy
thereof at his last known place of residence or at such place of public
resort in the habitation in which the structure, public drinking water
source or well or water body or the tree to which the notice or order
relates is situated.
(2)  No such notice shall be deemed void on account of any error in the
name or designation of any person or in the description of any structure,
public drinking water source or well or water body or the tree referred to
therein unless such error has resulted in substantial injustice.
37.  (1)  Notwithstanding anything contained in the Code of Criminal Procedure,
1973, the Authority or the designated
Officer or any officer authorized by the Government in this regard, as the
case may be, may accept from any person who committed or who is
reasonably suspected of having committed an offence punishable under
this Act other than the offences punishable under sub-section (2) of
section-35 of this Act,
(i)    a sum of money as may be prescribed, by way of compounding of the
offence.
(ii)    The Authority or  designated officer or any other officer authorized by the
Government in this regard, as the
case may be, may reject to compound the offence for the reasons
recorded in writing.
(iii)    The Authority or Designated Officer or any officer authorized by the
Government in this regard, as the case
may be, shall pass order to compound the offence or otherwise
within a period as may be prescribed.
(2)  On payment of the sum of money in accordance with sub-section (1),
any person in custody in connection with the offence shall be set at
liberty and no proceedings shall be instituted or continued against such
person in any criminal court.
(3)  The acceptance of the sum of money for compounding an offence in
accordance with sub-section (1) by the authority or the designated
officer shall be deemed to amount to an acquittal within the meaning of
section 300 of the Code of Criminal Procedure, 1973.
38.  (1)  Where there is reason to believe that an offence has been committed in
contravention of the provisions
of this Act, any instrument, machinery or any other device, vehicles or
other conveyance or any other moveable property used or involved in
committing any such offence may be seized by an officer as authorised
by the Government in this behalf and without any unreasonable delay
either produce the property seized before the designated officer or any
other officer authorised by the Government in this behalf by notification
(hereinafter referred to as the authorised officer) or make a report of
such seizure and produce the seizures before the Magistrate having
jurisdiction to try the offence on account of which the seizure has been
made except where the offender agrees in writing forthwith to get the
offence compounded under section.37 of the Act . Wherethe property
seized is such that it can not be conveniently transported to the court or
authorised officer as the case may be, give custody thereof to any
person on his executing a bond undertaking to produce the property
before the Court or authorised officer as and when required and to give
effect to the further orders of the Court or authorised officer, as the case
may be, as to the disposal of the same.
Provided that where the property with respect to which such offence is believed to have been
committed is the property of the central or state Government or local bodies and the offender is
not known, it shall be sufficient if the officer makes, as soon as may be, a report of the
circumstances to the designated officer or any other officer as notified by the Government.
(2) Where an authorised officer seizes under sub-section(1) any instrument, machinery or any
other devices, vehicles or
other conveyance or any other moveable property or where any instrument, machinery or any
other devices, vehicles or other conveyance or any other moveable property is produced before
him under sub-section (1) and he is satisfied that an offence has been committed under this Act,
in respect thereof, he may order confiscation of any instrument, machinery or any otherdevices,
vehicles or other conveyance or any other moveable property so seized or produced
(3)  No order of confiscating any property shall be made under subsection.(2), unless the person from whom
the property is seized is given: -(a)    a notice  in writing informing him of the grounds on which it is proposed
to confiscate such property;
(b)   an opportunity of making a representation in
writing within such reasonable time as may be specified in the notice against the grounds
for confiscation; and
(c)   a reasonable opportunity of being heard in the matter.
(4)  Without prejudice to the provisions of sub-section (3), no order of
confiscation under sub-section(2) of any instrument, machinery or any
other devices, vehicles or other conveyance  or any other moveable
property shall be made if the owner thereof proves to the satisfaction of
the authorised officer that it was used without his knowledge or
connivance or the knowledge or connivance of his agent, if any, or the
person incharge of such  instrument, machinery or any other devices,
vehicles or other conveyance or any other moveable property in
committing the offence and that each of them had taken all reasonable
and necessary precautions against such use.
(5)  Any person aggrieved by an ord er passed under sub-section (2) may
within thirty days from the date of communication to him of such order,
appeal to the District Court having jurisdiction over the area in which the
property has been seized, and the District Court shall after giving an
opportunity to the parties to be heard, pass such order as it may think fit
and the order of the District Court so passed shall be final.
(6)  Where the offence is compounded under section 37, the property seized
shall be released to the person entitled to the possession thereof.
(7)  Where the offender is convicted, the property seized shall be ordered to
be confiscated except where the owner thereof proves to the satisfaction
of the court that it was used without his knowledge or connivance or the
knowledge or connivance of his Agent, if any, or the person in charge of
the property in committing the offence and that each of them had taken
all reasonable and necessary precautions against such use.
(8)  Except in so far as expressly provided in this section,the provisions of
the Code of 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 to the
contrary contained in any other law for the time being in force.
40.  The Government may, by notification and subject to such restrictions and
conditions as may be specified in such notification, exempt any area or areas
from the application of the provisions of this Act.
41.  The authority shall create a separate fund to be called the Andhra Pradesh
Water, Land and Trees Authority Fund, to which shall be credited all monies
received by the Authority including,-(a)  all cesses or surcharges levied and collected under the Act;
(b)  all penalties received by the Authority as prescribed under the Act;
(c)  all money received by the Authority as fees prescribed under the Act;
(d)  all grants made by the Government.
42.  The Authority shall, on or before 31st day of October every year prepare in such
form as may be prescribed by the rules an annual budget estimate in respect of
the ensuing financial year of the estimated income and expenditure of the
Authority including those at district and mandal level and shall submit it to the
Government for approval and inclusion in the State budget.
43.  (1)  The Authority shall maintain books of account and other books in
relation to the business and transactions
in such form and in such manner as may be prescribed.
(2)  The accounts of the Authority shall be audited by an auditor appointed
by the Government.
(3)  The Authority shall send a copy of the accounts audited together with a
copy of the report of the auditor thereon to the Government within nine
months from the end of the financial year.
(4)  The Government shall cause the accounts of the Authority together with
the audit report thereon forwarded to it under sub-section (3) to be laid
before the Legislative Assembly of the State, as far as possible before
the expiry of the year next succeeding the year to which the accounts
and report relate.
44.  If any doubt or difficulty arises in giving effect to 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 of
the doubt or difficulty.
45.  (1)  The Government may, by notification, make rules to carryout all or any
of the purposes of this Act.
(2)  Every rule made under this Actshall immediately after it is made, be laid
before the Legislative Assembly of the State, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or intwo
successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following, the Legislative Assembly
agrees in making any modification in the rule or in the annulment of the
rule, the rule shall, from thedate on which the modification or
annulment is notified, have effect only in such modified form or shall
stand annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
46.  The Andhra Pradesh Water, Land and Tree Ordinance is hereby repealed.
47.  Andhra Pradesh Ground Water (Regulation for drinking water purposes) Act.1996, is hereby
repealed.
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