section 12
Provided that nothing contained in this section shall affect the removal of slurry and mud to maintain the ecological condition of such wetland.
The Kerala Conservation of Paddy Land and Wetland Act, 2008Environmental200835 sections
Statutory text
Appointment of Authorised Officers and their powers
- (1) The Government may by notification in the official Gazette, appoint such officers of the Revenue Department not below the rank of a Village Officer, as authorized officers and may determine the area of jurisdiction within which they shall exercise their powers under this Act.
- (2) The Authorised Officer may, for the purpose of inspecting whether any of the provisions of this Act have been violated, or to prevent the commission of any of the offences under the Act, -
- (a) enter any premises or any place connected therewith with such preparation as he thinks necessary for the inspection or investigation into the alleged offence under this Act;
- (b) require any person to stop any act in contravention of section 3 or section 11;
- (c) seize any vessel, vehicle or other conveyance or any implements used or purported to be used in contravention of the provisions of this Act or seize any clay, sand, earth etc. used for filling of the paddy land or wetland or any clay, sand, earth etc. removed from the paddy land or wetland in contravention of the provisions of this Act or any brick or tile made of all or any of them and send a report to the District Collector for initiating proceedings for their confiscation;
- (d) require any person to furnish such information as he may consider necessary;
- (e) take photographs, make inventories or do other things necessary for collecting evidence regarding the commission of the offence and sent a report to the Court of competent jurisdiction in order to prosecute the accused.
- (3) Any person required to produce any document or thing or to give any information to an authorised officer under this section shall be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
- (4) Every authorised officer appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
- (5) If an officer authorised under sub-section
- (1) fails to take action on the report received by him regarding the violation of the Act, he shall be deemed to have committed an offence punishable under section 23.
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