Chapter V RESTRICTION OF THE USE OF THE FLOOD PLAINS

General202621 sections7 chapters

12. Powers to regulate, restrict, etc. in the flood plains

Statutory text

(1) Where the Authority is satisfied that it is necessary to do so in the interest of public health, safety, protection of property or reducing the inconvenience to the general public, to restrict the activities in the flood plain zone, may, by notification in the official Gazette, specify the zones where such restriction is to be enforced and the nature and extent of such restrictions.
(2) Notwithstanding anything contained in any other law for the time being in force, the restriction notified under sub-section
(1) above shall prevail.
(3) No person shall undertake any activities within the restricted zone except with the previous permission of the Authority in such manner as may be prescribed: Provided that where a person makes an application to the Authority for permission under this sub-section
(3) to undertake any activity and the Authority does not, within a period of ninety days from the date of receipt of such application, communicate to the person that permission applied for has been refused, it shall be presumed that such permission is granted.

Chapter V RESTRICTION OF THE USE OF THE FLOOD PLAINS

Statutory text

(1) If any person commences or carries on or attempts to carry on any activities in the flood plain zones specified in the notification under sub-section
(1) of Section 12 of this Act contrary to the terms and conditions specified in such notification, he or she shall be liable to a penalty which may extend to ten thousand rupees.
(2) In default of payment of fine as specified in sub-section
(1) above, he or she shall be liable with further penalty which may extend to five hundred rupees for each day during which the contravention continues.
(3) The penalty under this Section shall be imposed by the adjudicating authority appointed by the State Government by notification in the official Gazette, after giving the person concerned a reasonable opportunity of being heard and in such manner as may be prescribed.

Chapter V RESTRICTION OF THE USE OF THE FLOOD PLAINS

Statutory text

(1) Subject to such conditions as may be prescribed, any officer authorized by the State Government in this behalf by notification in the official Gazette, may, either before or after the institution of proceedings under this Act, accept from the person who has contravened or is reasonably suspected of having contravened the provision of this Act, a sum of money not exceeding ten thousand rupees.
(2) On payment of such sum of money as specified in sub-section
(1) above along with an undertaking, to the effect that same contravention shall not be repeated, such person shall be discharged and no further proceedings shall be taken against him in respect of such contraventions.

Chapter V RESTRICTION OF THE USE OF THE FLOOD PLAINS

Statutory text

(1) Any person aggrieved by any decision of the Authority may, within a period of thirty days from the date on which such decision was communicated to him, prefer an appeal before the appellate authority to be appointed by the State Government by notification in the official Gazette in such manner as may be prescribed: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The appellate authority may after giving a reasonable opportunity of being heard to the appellant, make such orders as it deems fit and the decision thereof shall be final.
(3) The appellate authority shall dispose of the appeal within sixty days from the date of filing.

Chapter V RESTRICTION OF THE USE OF THE FLOOD PLAINS

Statutory text

(1) Where no appeal has been preferred under Section 15 of this Act, the State Government may, for the purpose of examining the legality or correctness of any inquiry or proceedings of the Authority, call for the records of any inquiry or proceedings of the Authority and make such order in the case as it thinks fit: Provided that no such records shall be called after the expiry of three months from the date of such order.
(2) No order of the Authority shall be varied by the State Government so as to prejudicially affect any person without giving such person a reasonable opportunity of being heard in the matter.

PDF: pending for this language.