Powers to prohibit obstruction etc

General202531 sections

Statutory text

(1) Where the State Government is satisfied that it is necessary to do so in the interest of the public health, safety or property or reducing the inconvenience to the general public to prohibit or restrict the activities in the flood plain, the State Government may, by notification in the Official Gazette, specify the area where such prohibition or restriction is to be enforced and the nature and extent of such prohibition or restriction: Provided that no notification under this sub-section shall be issued after the expiry of six months from the date of publication of notification under section-8.
(2) Upon publication of notification under sub-section
(1) notwithstanding anything contained in any rules, agreement or instrument for the time being in force, the prohibition or restriction specified in such notification shall prevail.
(3) No person shall undertake any activity within the prohibited area or restricted area except with the permission of the Flood Zoning Authority: Provided where a person makes an application to the Flood Zoning Authority for permission under this sub-section to undertake any activity and the Flood Zoning Authority does not, within a period of 90 (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 the Flood Zoning Authority has granted such permission.

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