theandhra pradesh gazette

Regd, No. HSE-4912003·200S. [PrIce: Rs. 1-20 Ps.

RULES SUPPLEMENT TO PART II

EXTRAORDINARY

OF

THE ANDHRA PRADESH GAZETTEPUBLISHED BY AUTHORITY

No.7] HYDERABAD, SATURDAY, NOVEMBER 6, 2004.

NOTIFICATIONS BY GOVERNMENTPANCHAYAT RAJ & RURAL DEVELOPMENT

DEPARTMENT(R.D.-IV)

ANDHRA PRADESH WATER, LANDANDTREESRULES, 2004.

(G.O. Ms. No. 339, PanchayatRaj & Rural Development(~.D.-IV). 6th November. 1OO4.J

In exercise of the powers conferred, by sub section (1) of section 45 .of the AndhraPradesh Water. Land and Trees Act, 2002 (Andhra Pradesh Act No 10 of 2002), and in supersession of the rules issued in Go. Ms.no 224, PR&RD Dt:151h June. 2002 the Governor ofAndhra Pradesh hereby makes the following rules to promote water conservation and treecover and to regulate the exploitation and use of ground and surface water for protection andconservation of water sources, land and matters connected therewith or incidental thereto inthe State of Andhra Pradesh.

RULES

Short title, extent andcommencement

G-752/1

1. (1) These rules may be called The Andhra Pradesh Water,Land and Trees Rules, 2004.

[11

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [part n

Definitions

Appointment ofAdministrator and thestaff in State, District,Divisional and MandalAuthorities

(2) They extend to the whole of Andhra Pradesh State.

(3) They shall come into force from the date ofpu\)l1p.ution in AnrlhtaPradeshGazette.

2. In these rules, unless the context otherwise requires:

(1) "Act" meansthe AndhraPradesh Water, LandandTree? Act, 2002 .

(2) «Authority"meansthe AndhraPradesh StateWater,Land and Trees Authority constituted under section :3of the Act;

(3) " Member Secretary" means the member secretary ofthe Andhra Pradesh State Water. Land and TreesAuthority;

(4) 'the wonh and Bxpresaionscsed but not defined intheserulesshallhave the samemeaningassigned tothem in the Act.

3. (I) (i)The Government rnay designate officers asAdministrator who shall assist the Authority in discharging itsduties.

(ii) The Authority may take on deputation'such otherofficers or members of staff subordinate to the Administratoreitheron contractbasisor from thesurplusmanpowercell

(2) The Member Secretary of the District Authorit~aJJ assistthe District Authority in its work and the District Authoritymay take oncontract basis or from the surplus manpower cellsuch oth.erofficers or the staff to assist the Member Secretary.

(3) The Member Secretary of the Divisional authority shallassist the divisional authority to its work: and the Divisionalauthority may take on contract basis or from the surplus manpower cen such other officers or the staff to assist the MemberSecretary.

(4) The Member Secretary of the Mandai Authority shall assistthe MandaI Authority in its work and the Mandal Authoritymay take on contract basis or from the surplus manpower cellsach other officers or the staff to assis.t the Member Secretary.

(5) The Authority under the provisions of section 5 of the Act.may designate the officers from the departments such asGround Water, Rural Development, Irrigation; MunicipalAdm\\\\'B\tation and Urban development, Pancna:yat Raj. Forest)1' ally' other department or agency as deemed necessary to

November 6, 2004] RULES SUPPLEMENT 3

Term of Office of thenominated members ofthe Authorities

Resignation

R'emoval from theAuthority

Allowances

District Authority

work as Designated or Technical Officers for the purpose ofthe Act by a separate order.

(6)Thepower of designatingthe officers at District andMandailevel may be delegated by the State Authority.

4. The term of office of the nominated members of theAuthority except those nominated under clause (k) ofsubsection (2) of section 3 shall be three (3) years from thedate of their appointment.

5. (1) A nominated membet of the A.uth<}r\t'j mll'jrt.signfrom his office by giving thirty (30) days notice to theChairman.

(2) The power to accept the resignation of a membershall vest with the Chairman who on accepting the resignationshall report to the Authority during it's next meeting,

(3) Whenever a nominated member of the Authorityresigns or dies or is removed from the office or becomesincapab~ of acting, Government may by notification, in theoffici:i gazette appojnta person in the said vacancy,

Provided that a person so appointed in the said vacancyshall hold office only for the residue of the period,

6, T4e Government may remove any non-official member fromhis office if he is of unsound mind, or convicted of a criminaloffence involving moral turpitude, or fails to attend more thanthree successive meetings of the Authority without priorapproval of the Chairman,

7, (1) The non-official members of the Authority :;11au IH::

entitled to the travelling and daily allowances as ad'russibleto Grade-l officers of the state for attending the meetingsorany other work assigned by the Authority. They shouldproduce a certificate that they have not claimedTravellingAllowance and Dearness Allowance for the same periodelsewhere,

(2) The Authority may .. designate an officer of theAuthority as the controlling officer in respect of payment ofallowances.

8. (1) The Government, may, by notification, in consultationwith the State Authority constitute the District Authority as.follows

(a) The District Collector Ex-Officio Chairman

ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II

(b) One Member of Parliament and Ex-Officio Memberstwo members of the LegislativeAssembly as nominated by theGovernment. Out of twoMembers of LegislativeAssembly. one shall be preferablyfrom main opposition politicalparty

(e) Three Mandai Parishad Presidents Ex-Officio Membersand two Zilla Parishad TerritorialConstituency members to benominated by "the Ex-officioChairman of the District Authority.

(d) Joint. Director, Agriculture Ex-Officio Memberdepartment

(e) Superintending Engineer. Ex~Officio MemberIrrigationdepartment

(0 Superintending Engineer. Rural Ex-Officio MemberWaterSupplydepartment

(g) DeputyDirector, GroundWaterDepartment.

Ex-OfficioMember

(h) Deputy Director. Mines and Ex-Officio MemberGeology Department

(i) Deputy Conservator of Forests Ex-Officio Member(Planning & Extension).

(j) Project Officer/,Integrated Tribal Ex-Officio MemberDevelopment Agency / MADA /PTG

(k) Regional officer, Andhra Pradesh Ex-Officio MemberPollution Control Board

(I) District PanchayatOfficer Ex-OfficioMember

(m) An officiaJ from Hyderabad Ex-Officio MemberMetropolitan Water Supply andSewerage Board, in respect ofRangareddy and Hyderabad Districts

(n) Municipal Commissioner of Head Ex-Officio MemberQuarter Municipality

November 6, 2004] RULES SUPPLEMENT

(o) Other Non Official persons notexceeding five. who in the opinion ofthe Bx-officic Chairman of the DistrictAuthority are interested in theconservation of natural resources ofwhich one shall belong (0 ScheduledCaste. one to ScheduledTribe and oneshall be a woman

(p) Director, Urban forestry, HUDAin respec of Hyderabad andRangareddy districts.

Non-OfficialMembers

Bx-OfficicMember

5

DivisionalAuthority

(q) Project Director, Drought Prone Ex- officio Member.Area Programme J Dlstrlct Water SecretaryManagement Agency.

(2) The term of the office of Non Official membersshanbe three years from thedate of appointment and they areentitledto the allowancesas admissibleto Grade ·1 officers oftheState.

(3) Resignation O! remcv~J of the members of theDistrict Authority shall be governed in the Same manner asprescribed under rules 5 and 6 of these rules.

(4) Thequocucn (' conduct 8. meeting of the DistrictAuthority shall be one .'...ird of the total number of themembers.

I) (l)The Government. may, by notification constitute the Divisional Authority 1.IS

fellows:

(a) The R.D.O I Sub-Collector Ex-Officio Chairman

(b) Three Manda) Parisbad Presidents and TwoRx~Officio MemberZillaParishad Territorial Constituencymembers to be nominated by the Ex-OfficioChairman of the Diatrlct Authority

(c) Deputy Directorof Agriculture(having Ex~Officio Memberjurisdiction)

(d}-Execuuve Engineer, Irrigation(having Ex~Officio Memberjurjsdiction)(e, ExecutiveEngineer, RuralWaterSupply' Ex-Officioconvener(having jurisdiction)

(I) Geologist of Ground Waler Dept. Ex-Officio Member

6 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II

(g) An officer fromMinesand Geology Dept.

(h) Forest Range Officer (having jurisdiction)

(i) An officer from APTRANSCO

U) Divisional level panchayat officer (havingjurisdiction)

(k) Commissioner municipality (havingjurisdiction)

Ex-Officio Member

Ex-OfficioMember

Ex~Officio Member

Ex-Officio Member

Ex-Officio Member

(2) The quorum to conduct a meeting of the Divisional Authority shall he onethird of rhe total number of the members.

Mandai Authority 10 (1) The Government may by uctification constitute theManda1 Authority as follows>

(a) Mandai Revenue Officer of the' Ex-Officio Chairmanconcerned Mandal,

(b) MandaiDevelopmentOfficer Ex - Officio ViceChairman

(c) Sarpanch of the MandaI Ex-Officio MemberHeadquarter GramPanchayat

(d) Two Mandai Parishad Territorial Ex-Officio MemberConstituency Members of theconcerned mandal to be nominatedby the Ex-officio Chairman of theMandal Authority with theapproval of Ex-officio Chairmanof the District Authority.

(e) Assistant Executive Engineer, Ex-Officio MemberIrrigation Department.

(f) An Officer from Ground water Ex-Officio MemberDepartment.

(g) Assistant Director, Agriculture Ex-Officio MemberDepartment.

(h) Assistant Project Director, Ex-Officio MemberIntegrated Tribal DevelopmentAgency.


(i) Forest Section Officer (having Ex-Officio Memberjurisdiction)

(j) Three non -official members, of Non-Officialwhom, one shall be a woman, who Membersin the' opinion of the Ex-officioChairman of Mandai Authority areinterested in conservation ofnatural resources or presidents ofthe Water Users Association orVana Samrakhan Samithi orWatershed Association to benominatedwith the approval of theEx-officio Chairman of the DistrictAuthority.

7

(k) An official fromhavingjurisdiction

(I) Assistant ExecutiveRural Water Supply.

TRANSCO Ex- officio Member

Engineer, Ex- officio Membersecretary

(m)Municipal Commissioner (if Ex-officio MembermandaI head quarter happens to bemunicipality)

Note: In the Scheduled Areas. a Scheduled Tribe candidateshall be nominated. In the predominantly Scheduled CastesMandalvone-of the members shall be from Scheduled Caste

(2) The term of the office of Non Official members shall bethree years fropt the date of appointment

(3) The Mandai Authority shall conduct meetings atleast oncein a month and perform such functions as delegated undersection 6 and under section 3(6) of the Act, and also otherfunctions as directed by the Government. The MandaiAuthority may utilise the services of the Designated Officersand technical officers in discharging of its functions.

(4) The quorum to conduct meeting of the Mandai authorityshall be one third of the total number of the members.

8 ANDHRA PRADESH GAZETIE EXTRAORDINARY [Part II

Meetingsof theState. District, .Divisional and MandaiAuthorities

Registrationof Wells

II. (1) The time. dale and place of the meetingof the State.District,Divisionaland MandaiAuthoritiesshall be fixed bythe MemberSecretaryof the respectiveauthorities with theapprovalof its Chairman.

(2) The DistrictAuthoritymay conduct meetings and performsuch functionsas delegatedunder section 7 and undersubsection(6) of section 3 of the Act and also other functionsas directedby the Governmentand will report to the StateAuthority throughAdministrator. The District Authoritymayutilize the servicesof the DesignatedOfficers and technicalOfficers in dischargingof its functions.

(3) Sevenclear days noticeof an ordinary meetingand threeclear days noticeof a specialmeetingalong "Yith the agendanotes if any, shall be given by the MemberSecretary to themembers.

(4) Any particularmeeting may adjourn from day to day or toany particulardar and no fresh noticeshall be required for anadjourned meeting.

(5) All decisions in a meetingshall be decided by a majorityof votes of the memberspresent. Votingshall beby raising ofhands in favour of the proposal. In case of equality of votesthe presidingofficer shall havea casting vote.

(6) The Authoritymay Co-opt any personas an observer for aparticularmeetingor period who shall'have no voting: rights.

12. Every owner of the well shall register the well as persubsection (2) of section 8 of the Act by an application givingdetails as' in Ferm-I appended to these rules . The TownPlanningDepartmentof MunicipalCorporation, MunicipalitiesHyderabad Water Supply and Sewerage Board, VillageSecretariesof the Gram Panchayaths shall facilitate registrationof all existing wells in their jurisdiction.The details should beentered in a register as prescribed in Form 1 appended to theserules.

November 6, 2004) RULES SUPPLEMENT 9

Permissionfor newwells

13. (1) (i) Any person or institution desiring to dig a newwellof any kind in their premises should obtainpermission bysubmltting to the Authority having jurisdiction over the area,an application in Form 2 and 5 as the case may be appended tothese rules together with a fee as fixed by the authority frcmtime to time. Application duly filled in can also be given toconcerned village secretary who shall pass it on to mandalauthority within two days. The Authority shall process theapplication with the help of the Designated Officer. TheDesignatedOfficerafter examiningthe application shan satisfyhimself about the compliance of the'various provisions of theAndhraPradesh Water.Land and Trees Act, 2002 and give hisrecommendation to the Authority and the said Authority shalldispose off the application within fifteen days of receipt of theapplication. The Designated Officer while givingrecommendation shall comply with the relevant provisions ofthe Act. Wherever necessary. the District Authority shall takethe opinion of the TechnicalOfficer of that area. Every orderfor permission shall be in Fonn 3 and 6 as the case may beappendedto these rules:

(ii) The mandaI authority on receipt of application fordrilling new wells in form 2 and 5 as the case may be willrefer the matter simultaneously for feasibility certificate andfor power supply to respective agencies in the mandaIauthority and obtain the required information and dispose ofthe application on the basis of the reports from AndhraPradesh Transmission Corporation (APTRANSCO) and theGround Water department within 2 weeks. It is theresponsibility of officials of APTRANSCO and GroundWater uepartmem to submit their reports to mandai authorityin' prescribed time. Single window approach is followed tohelp the people.

Providedthat before issuingthe permission the applicanthas to pay prescribed amount through a D.D towards insurancepremium,in respect of agricultural wells

(2) The fee shall be paid through a demand draft drawnin favour of "The Andhra Pradesh Water. Land and TreesAuthorityFund" payableat the head quarters of the respectiveAuthority.

10 ANDHRA PRADESHGAZETTE EXTRAORDINARY [Part II

Conditions for grant ofpermission

Taking over of well toensure drinking water

14. The permission for grant of sinking of well under theAndhra Pradesh Water, Land and Trees Act, 2002 shall besubject to the following conditions, namelyt-

1. that the sinking of the well should not violateany provisions of the Act.

2, that the Authority reserves its right to take suchmeasures necessary for preservation and controlof water including an order for closure of thewell; and

3, that the persons sinking the well shan furnishnecessary information as and when required bythe Authority in such form as may be prescribedand bound by the orders of the Authority withregard to the drawing of water includingimposition of condition of hours of drawing of

water.

15. (1) The Authority may by a general or special ordershall authorize the Designated Officer to identify such wells asrequired to ensure supply of drinking water to local populationand shall take over such wells.

(2) On idehtiflcation of the well.... the DesignatedOfflcer'shall serve or cause to serve un order of requisition onthe owner of the well specifying the period of such requisition.The Designated Officer for sufficient reason" I"'\y extend suchperiod of requisition.

(3) On requisition. the owner of the well shall not drawwater for any other purpose other than drinking for his ownuse.

(4) If the well so requisitioned is the only source ofirrigation and if the owner is solely dependent on agr 'turefor his livelihood, the owner shall be compensated for h lSS

of livelihood. The quantum of compensation shall be del dby the District Collector in consultation with the agricuhdepartment based on the crops raised during (he same periodthe previous three years by the owner utilizing the water frorr.the well.


Construction of RainWater HarvestingStructures

Registration of Rigs

Prohibition of watercontamination

Land use and waterquality

Water Cess

16. The construction of the water harvesting structures in allexisting and new residential, commercial. public and openareas shall be governed by theguidelines and schemes adoptedby the respective urban and local bodies. They shall also beresponsible for monitoring execution of the construction inaccordance with the design and the scheme. The provisions ofsection 17 of the Act shall be followed by the Urban and Localbodies.

17. Every rig owner or an operator operating or desiring tooperate in the state of Andhra Pradesh shan register the rigwith the Authority by paying the prescribed fee which shall berenewable for every two years. The application shall be madein Form 15 and the permission shall be given by the Authorityin Form 16. The rig owners are required to display the Form 16at all times upon the rig. Failure to register the rig shalt be anoffence and shall be dealt in accordance with rules.

IS. The Authority ,shall restrict, regulate and prohibit storageand disposal of effluents, by any person or industry, local bodyor aqua culture farm into any stream or well or sewer or onland to prevent and control contamination of ground water.The Authority may pass orders suo-motto or based onrepresentations received from public and after providing anopportunity to be heard to the affected parties and recordingreasons in writing.

19. The Authority may impose restrictions and prohibit anyindustry and carrying out of any process and operations in anyarea to protect water and soil quality in the area. The Authorityshall provide opportunity to be heard to the affected partiesbefore passing any order and shall record reasons in writing.

Explanatlcn-: power to issue orders under this rule includespower to orderfor, •(i) Shifting and closure of industry; and(ii) prohibition or regulation of any process oroperation.

20. The Authority may levy a cess on consumption of waterand discharge of effluent by any industry, which is not coveredunder Schedule ] of the Water Prevention and Control ofPollution Cess Act, 1971 and the amount of cess shall be asfixed by the Authority from time to time.

12 ANDHRA PRADESII GAZETTE EXTRAORDINARY [PartH

Modification of land use

Ceilingon water use

Sandmining

21. (i) The authority or any designated officer or agency maydirect the occupier of any land that land use shaH be modifiedif the quality of the water coming from the land is not ofacceptable quality, compared to the standards prescribed by theAndhraPradeshPollution Control Boardfrom time to time

(2) No brick manufacturing shaH be taken up in areaswherethe soil is proneto erosionand depletion.

(3) Wherever coal based thermal power plants are inoperation. an constructions within a radius of 10 Kilo metersshaHbetaken up with bricks made only withfly ash.

22. Industries shall not use fresh water in excess of maximumunit quantity specified by the Andhra Pradesh PollutionControl Board in consent .orders issued under the Act,including for production- related purposes like dilution ofeffluents etc., The Andhra Pradesh Pollution Control Boardmay impose penalty upto themaximum permissible under theAct, in each case ofproven violation of the consent condition.

23. In areas where sand mining is affecting groundwaterregime, such of the areas shall be notified and transportation ofsand shalt. beprohibited and mining and transportation of sandshall be banned in notified overexploited ground water microbasins/ mandals and for other areas the following conditionsshall apply for exploitation of sand.

1. a) Sand mining shall not be permitted in notified areasexcept for local use in the Villages or towns bordering thestreams.

Transportation of sand from these notified areasthrough mechanical means out of the local jurisdictionshall be banned.

b) In rv" orders stream, sand mining shall be restrictedto specified areas, .

c) In V1h order and above rivers, Viz: Godavari,Krishna, Pennar etc. Sand mining may be permittedwithout affecting the existing sources for Irrigation fordrinking water or industrial purpose.


(2). The sand leaseholders shall not carryout quarryingwithin500 m.of any existing structure such as bridges,dams, weirsor any other cross drainage structure.

(3). Vehicles carrying sand shall not ply over the floodbanks except at crossing points or bridges or on ametal road

(4) Permission to quarry sand shall not be granted within500 Meters of any groundwaterextraction structure(s)either for irrigationor drinking water purposes.

(5) The streams I rivers where the thickness of sand isquite good (more than 8.00 Meters) the depth ofremoval may be extended to 2.00 Meters but in nocase beyond two meters.

(6) Sand quarrying shall not be permitted within 15meters or 1/5 of the width of the stream bed from the bankwhicheveris more.

(7) Sand mining shall not be permitted in streams where thethickness of sand deposition is Jess than 2.00 meters.

(8) The depth of removal of sand shall be restricted toonemeter particularly inminor streams where the thickness ismore than 3.00 meters and less than 8.00 meters.

(9)The sand quarrying shall be restricted to depths abovethe water table recorded during monsoon and in no caseeffect! disturb the water table.

(lO)The quantity of sand deposited annually in everystream or river shall be monitored by establishingobservation stations along the stream course.

2. The Ground Water Department shall take up jointinspection along with officials of Mines and GeologyDepartment or other concerned departments whenever casesare referred to study the impact of sand mining in an area andshalf give its recommendations

14 ANDHRAPRADESH GAZETTE EXTRAORDINARY [Part II

Tree planting 24. (l) In every Municipal Corporation or Municipality orother local area. the number of trees to be planted and theirsubsequent maintenance shall be on the following scale:

(i).Residential areas: Every house hold having above 100square meters area shall plant at least small or medium varietyin their premises as follows

Below 100 Square meters ~~. 3 trees101 to 200Squaremeters --- 5 trees201 to 300 squaremeters --- 10 trees361 square meters and above - 10 trees plus 5 trees for every

increase of 100 Square meters.(ii). Commercial or institutional areas: Commercialestablishments shall plant trees as follows;-

In addition commercial or institutional areas shall belandscaped instead of leaving them without any vegetation

Plot Area No. of trees(1) (2)

Below 200 Square meters 2201 to 500 SQuare meters 4·501 to 1000Square meters 6Above 1001 Square meters 6 trees plus 2 trees for every

increase of 100 Square meters...

(iii) Industrial areas: In industrial areas trees shall be planted asper the norms of the Andhra Pradesh Pollution Control Board.

(2) The local authority having jurisdiction shall grant buildingpermission subject to the condition that the owner shall plantprescribed number of trees.

(3) The owner of the premises or house shall. maintain the treesand shall not fell the tree without the prior permission of theDesignated Officer,

(4) If any owner desires to fell a tree, he shall apply in writingto the Designated Officer for permission in Fonn 13 with a feeper tree as indicated below in that behalf. The application shallbe accompanied by a site plan indicating the position of thetree required to be felled and the reasons therefor

(i): For urban residential andInstitutional areas

(ii) For urban commercial areas

Rs.50/-

Rs. 100/-


(5) On receipt of such application, the DesignatedOfficer or an officer authorized by him, may, after inspectingthe trees and holding such enquiry, as he deems necessaryeither grant or refuse the permission,applied for in form 14.

Provided thal permission shan not be refused, if thetree.-

(i) Is dead, diseased or wind fallen or

(ii) has silviculturally matured; or

(iii) conRlito,"' a dangerto life or properly; or

(iv) constitutes obstruction to traffic. or

(v) is substantially damaged or destroyed by flte,lightning, rain or other natural causes.

Provided further that, if the tree permitted to be felled isnot exempted from purview of Forest Produce Transit rules,the Designated Officer shall inform the concerned DivisionalForest Officer for grant of transit permit and the owner shallnot transport felled material without a valid permit.

(6) The Designated Officer shall dispose the applicationwithin fifteen days from the date of receipt of application byhim.

(7) Tt\e ?'trmlssion to feU a tree may be granted subjectto the condition that the owner of the premises shall plantanother two trees of the same or suitable species 011 the samesite or other suitable place, within thirt)! daYs from the date thetree is felled.

(8) (a) If, in the opinion of the Designated Officer, thenumber of trees in any premises or open area is not adequateaccording to the standards prescribed in clauses (i) and (ii) ofsub rule (4) above, he may after giving reasonable opportunityof being heard to the owner or occupier of the land, by order,require hun to plant such trees or additional trees und at suchplacesin the land as may be specified in the order.

(b) When an order is so made, the owner or occupier ofthe land shan comply with the order within ninety days fromthe date of its receipt.

16 ANDHRA PRADESH GAZETIE EXTRAORDINARY [Part II

Dealing with the casesof offence.

(9) (a) Where any tree has fallen or destroyed by fire,lightningor rain or other naturalcauses, the DesignatedOfficermay s.uo motto or on information given to him, after holdingsuch enquiry as he deems fit and giving a reasonableopportunity to the owneror occupierof the land where the treeexisted,by order, require such owner or occupier to plant a treein place of the tree so felled or destroyed at the same or othersuitableplace as maybespecifiedin the order.

(b) When an order is so made. the owner or occupier ofthe land shall comply with the order within ninety days fromthe date of its receipt.

(10) When the owner or occupier of any land fails tocomply with any order made by the Designated Officer. theDesignated Officer shall take necessary action for planting thetrees and recover the expenditure incurred thereon as arrears ofproperty tax.

(11) 30% of the available open area in the premises ofinstitutions shall be taken up for tree plantation with a densityof not less than 6 trees per every 100 Square meters in openarea.

25. (1) Any violation of the provisions of the Act and theserules shall be booked in the offence report given in Form 7appended to these rules. A copy of the offence report shalt alsobe submitted to the District Authority immediately. In case theoffender is to beprosecuted, a copy of the offence report shallalso'be submitted to the nearest Magistrate having jurisdiction.

(2) Where an offence is committed, the DesignatedOfficer may seize any instrument or machinery or any otherdevice, vehicles or other conveyance or any other movableproperty used in or involved in committing such offence. A listof seizures shall be furnished to the owner of the property inPerm 8 appended to these rules.

'(3) Where the seizures have to be given to the safecustody of any person it shall be in the Form 9 appended tothese rules with a direction to produce the property before theDesignated Officer or the Court as and when required.


.Penalties

Compounding of offence

Confiscation of property

Appeals

26. (1) Whoever contravenes any of the provisions of this Actshall be punishable with fine which shall not be less than Rs.1000/- but which may extend to Rs. 5000 /-

(2) For felling of trees without prior permission, shall bepunishable with a fine which shall not be less than two timesthe value of such tree, but which may extend upto 5 times ofthe valueof suchtree.

27 (1) The authority or the designated ofticer or any officerauthorized by the government In this regard, as the case maybe may accept from any person who committed or who isreasonably suspected of having committed an offencepunishable under this Act other than the offence punishableunder sub section (2) of sec 35 of this Act.

I. A sum of. money not less than Rs. 1 lakh by way ofcompounding of the offence shall be levied in respect ofcontravention of section 10, 14 and section 27.

II. The order should be communicated in form 10 appendedto this rules and furnish a copy of the compounding orderto the offender and submit another copy to the districtauthority.

(2) When the compounding fees levied and paid by theoffender a receipt in form 11 appended to these rules shall beissued to a person paying the compounding fee

28. Where the authorised officer, based on the gravity of theoffence, do not agree for compounding of offence theauthorised officer may order for confiscation of seizuresproduced before him under section 38 of the Act dulyfollowing the procedure laid down therein.

29. (1) Any person aggrieved by any order made by theDesignated Officer may appeal to the District Authority withina period of thirty days from the date of receipt of the order b~

him.

(2) Any person aggrieved by any order mnde by theDistrict Authority may appeal to the State Authority withinthirty days from the date of receipt of the order by him.

(3) On receipt of the Appeal, the District Authority orthe State Authority shan after giving a reasonable opportunityof being heard, may pass such order as it may deems fit.

(4) The decision of the State Authority shall be final and

18 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part II

Review

Andbra Pradesh water,Landand TreesAuthorityFund

Annual Report

30. An appliclltion for review by the Government shall bemade to the concerned Secretary as the case may be, of theconcerned department who shan dispose off the applicationwith in a period of thirty (30) days after giving a reasonableopportunityof'belng heard to-the aggrieved party.

3J. (1) Constitution 'of the Fund: All monies received by {heMandaJ, Distr.ict Of State Authority sha~1 be credited to therespective Authority. The remittances to the Mandaf, Districtor State Authority shall be made by 'way of cash or demanddraft in a Government account to be operated jointly byMember Secretary and theChairman of the ~uthority,

,(2) Control.of the Fund:3he Member Secretary of the

District or State Authority, shall operate the Fund afterobtaining-the approvalof the Chairman.

(3) Accounts and Audit: {a) T~e District and SlateAuthority shan· maintain monthly accounts of receipts andexpenditure.

(bl The Mandai and District Authority shall furnish anabstract of monthly receipts imd expenditure to the StateAuthority in Form 12appendedto these rules.

(~) The State AuthorityshaU furnish to the Governmentaconsolidated't;tutt,mcnt .of receipts and expenditure once forevery year in f"ann12.

(4) Budgetestimates: (0) The District Authority shall onor hefore the 30'"day of Septemberevery year prepare nnnualbudgetwimatt in respect of the ensuing financial year of theestimated inoome and expenditure and submit to the StateAuthority. in Ute formalas p.re.tiribed in budget manual.

(h) The Slate Authority shaU on or hefore31" day ofOcaober every year prepare anRual budget estimllte .In respectof the ensuing financial year of the estimated income ande.l.penditure andsubmitto the Government for Incorporating indie StatebudgetJn the formall\Sprescribedin bud-get manual.

32. The AnnualReport of the AuthorilY shall give true W\d fullaccount of theactivities in rhar yearandshall be prepared intheformat prescribedby the Governmentand submittedby thedue date.


FORM-l(seerule12)

Registration ofwells

19

81. Name of the well ownerNo.

(l) (2)

Address

(3)

Location:House \Plot numbers, S.No.

(4)

Type01well:Open! BoreWell

Hand PumpI motorDiameter.Depth

(5}

Vileor water Depth of tile Water output in Whether pumping Ifused forDomestic I Well litersI hours is donetlsing ir.rigation srateIrrigation motor. If 80, acreage irrigated:

(agricultural)! details:il)dustrial/ 1.jHpoflhepump

other 2.Typeof motor. used: submersible Ijet I compressor Icentrifugal Iturbine

(6) (7) (8) (9) (10)

•••••••••••••••••)<••••••••••••••••••••••••••••)<•••••••••••••_ ••••••••••••_ •••••••••••••c.)< •••••••••_ ••••••••

Acknowledgement

Application for registration of existing wells is received in this office along withregistration fee of Rs. through a 0.0 no. Dated: . The wellhas been registered in this office.

Signature of Designated OmcerWater, Land and Tree Authority

( With SeanPlace:Date:

20 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PartII

FORM-2(see rule 13)

Application for digginga new wellfor agricultural& drinking waterpurposes

Name of the Applicant:

HouseNo.

Street

VillageI Town

Mandai

District

3. Location of proposed well: S. No. I Village _

4. Type well to bedug: Open I Bore WeUI HandPump

5. Mode of drawing water: Diesel EngineJElectricMotor

6. Specificationof pump

7. Details of paymentof

l) Survey charges Rs. D.D.No , Date.. , Bank .. '.' ,.,. , .

8. Distance from existing functional well

I hereby declare that the above particulars are true to'thebest of my knowledge and belief.

Date: Signature

........•.·······x···.························x·······.·•....·.-·····•.··....····.·····.··X·····.····..·······

Order of the Designated Officer:

Your application for digging a new well in Sy. No of village/municipality................. is not approved.

November 6, 2004]

Reasonsfor not approval.

RULES SUPPLEMENT 21

i. APTRANSCO expressed its inability toprovide powerconnection.

ii. Rejection by G.W,O(Survey report ofgeologist is enclosed).

Signature of the applicantNote: Please (.,/) theappropriate reason

..- ----:K- - :K :K .

Acknowledgement

An application for digging new well for agriculture I drinking purpose is receivedin this office along with an application fee of Rs. through D.D No.. _Dated: from Sri . resident of

(-----------~-----

Signature of Designated Officer,Water, Land and Tree Authority

(With Seal)Place:Date:

22 ANDHRA PRADESH GAZEITE EXTRAORDINARY

fORM-3(see rule (3)

Pertuiss;on/ordiggil,ga AgricHlt,uwl weill Dr/11k/11K waterwep

[Pan II

Sri ,.. of ....•. (Address) is permitted to dig a new well at " .. (location) to a depthof ... ". meters for drawingwaterfor Irrigation use, subjectto the followingconditions:-

(1) The we}! should not be used for drawingwater for any otherpurposeother than applied'for.2) The withdrawal ofwater should be regulated.and no wastageof water should be done.

:.3) The utilized water should be recycledas prescribedfor rechargingthe ground water.(4) Structures should be constructedfor harvestingrainwaterin the vicinityof the well.

( mandatory in case the proposed weJl falls in area declaredas Over Exploited Area).,5} The- utilization of water wiU be subject to the regulation from time to time based on the

extraction water from tbe well.:.6) The boreweU is insured for a slim of Rs. wide the insurance master policy No.

_____. The applicant has paid the premiumamount of Rs.__ by D.D No. "

Note: Geologist report includingsire plan.isenclosed,

Place:Date ..

Designated Orncer,Wafer, Land and Tree Authority

(with ..aO

FORM-4RejectJoQ order of the designated officer

Your. application for digging a new welJ for agriculture I drinking water purpose inSy.Nc. village is herebyrejection.

Reasons for rejection

I) AP TRANSCO expressed inability for power connection.

2) Rejection by Ground Water Department(survey reportof geologist is enclosed)

Place:Date:

Designated omt::er,Water, Land and Tree Authority

(with s.al)

November 6, 2oo4J RULES SUPPLEMENT 23

FORM-S(see rule 13)

-AppllcolionJar digging 0 new well!or lntluslrlallo.her usc

1. Name of the Applicant:

2. Address of the applicant:

3. Location of proposed well:

4. Type well 10 be dug: Opeu I Bore Weill Hand Pump

5. Mode of drawing water: DieselEngineI Blectric Motor

6. Specifications of pump

7. Details of payment of

I) SurveychargesRs.__ D.D.No•.•... ~ Date Bank ...•....••........

I hereby declare that the above part~ulars are true to the best of my knowledge and belief.

Signature of the applicantDate:Place:

••••••_ ••• _ ••••)<••••__••••__••••••••••••)<•••••- ••••••••••••••••_ •••••_ •••••••••••)<•••••••••__••••••

A.knowledgement

An application for digging new well for Industrial purpose is received in Ibis officealong with an application fee of Rs. through D.D No .. _Dated: from Sri resident of( )

Signalnre of DesIgnated OIDeer,Water, Land and TreeAuthorfly

(With Seal)Place:Date:

24 ANDHRA PRADESH GAZETTE EXTRAORDINARY

FORM-6(see rule 13)

Permission for digginga wellfor IndustriaUOther use

[Part II

Sri of (Address) is permitted to dig a new well at (location) to adepth of meters for drawing water for Industrial I Other use, subject to the followingconditions:-

1) The well should not beused for drawing waterfor any other purposeother than appliedfor.2) The withdrawalof water should beregulated.and no wastageof water should be done.3) The utilized water should be recycledas prescribedfor rechargingthe ground water.4) Structures should be constructed for harvesting rainwater in the vicinity of. the well.

(mandatory in case the proposedwell falls in area declared as over ExploitedArea)5) The utilization of water 'will be subject to the regulation from time to time based on the

extraction water from the well.6) Case should be taken not to pollute the surrounding areas.

Place:Date:

Designated Officer,Water, Land and Tree Authority

(with seal)

FORM·6ARejection order of the designated officer

Your application for digging a new bore well for Industrial purpose in village / Town_~ is herebyrejected.

Reasons for rejection

1) AP TRANSCO expressed inabilityfor powerconnection.2) Rejectionby Ground Water Department (surveyreportof geologistis enclosed)3) Other reasons please specify

Place:Date:

Designated Officer,Waler, Land and Tree Authority

(with seal)

November 6, 2004J RULES SUPPLEMENT

FORM_7(seeMe:l5\

OffenceReport

25

L. Name. parentage and address of the:atcused per&On

2. Nature of o«et\~1. Placewhere offtpceoccun-ed4, Dille lind dOle ofdetection of Offence5. Name aad addre$..'i of theComplainant6. Des<!:ript:i<3tt of ~h.icl:es, toots etc. used

incQfmrtiUing theoffence7. Nameapdllddr~ of witnesses

'l!. ?uuishaNe Under Sectioo ~~,. ofAndhra Pradesh Water, Land andTrees Act.

Date: Signature of Des.ignated OfficerPlace'

Note: TIle originalrcbe 8Cllt to the Di~tl'ict Authority immediately and. the duplicate copytabegiven (0 offender and the triplicate toberetained inthebook.

l'ORM-8(see rule2S)

L!;tofSeizures

The following properties iovalved in the <:ommtsS!<lll <)(oftence. are s~i.Ud h)' metodaYl.e. . ,..... .•. . . in<:-C3n\\e.~th)\\ with t\\1,offt.nce \1~\' 'be'C\kJn ~~,~~-..,,-.. under tnt J\ndhra PradeshWater. Land and Trees Act.200Hron> Sri " .." ..Slo -r-r--« , Aged.· Rio.

t.2.3.4.

Dute ~ Name:Place- Sii\n\\,\\.\Te of Dl:stgnated Ofnt.~r.

Note: The ""iglnal s"'ll be ,etained in In. buo~ and the dnplicate shull be given 10 Ihecustodian of lheproperty seaed.


FORM-9(sec rule 25)

Certlflcate ufSqe C"study

[part 11

The following properties. involved in offence case ne:- da(ed are given in

my custodyby ..•. " •...• (uarue& designation) on .. '" ..... for safe c,:!stooy.

J undertake to safeguard from damage and Joss and produce the same on demand by the

DesignatedOfficer Of the Court.

. Detail~ of tne properties taken over.

1.

2.

3.

4. etc.

Signature of theDesignating Ofticer

Dute :

SiBnature of custodian.

Name:

Father's name:

Address:


FORM~ 10(see rule 27)

(ComPOUIldillg Order)

27

Sri .............• Sio Aged R/o has committed an offenceagainstthe provisions of the Andhru Pradesh Water. Lund and Trees. 2002 and niles made thereunder.An offence case is booked vide case No dated ,.. under section of the AndhraPradeshWater, Land and Trees Act,2002..

In view of the willinguess expressed by the accused, I hereby order that a sum of Rs....... /. be paid towardscompensation.

011 payment of the compensation amount in full. the seizures detailed hereundershoUI bereleased.

Detailsof seizures:

l.2,3.4. etc.

If the compensation amount i" not paid in fuJI withinthirtydays from the date of receiptofthisOrder. action to recover the same willbetaken as if it were arrearsof land revenue.

Appeal against these Orders. lies. to the District Authority within thirty days of receipt ofthese orders.

Date:Place:

ToSli ,.H.No .Street ..Village/ Town .District .PinCode ..

Copy submitted to DistrictAuthority for information.

Designated Officer.( Nameand" Desi¥,nadon )


FORM-ll(see rule 27)

Receiptfor compoundingfee

[Pan /I

Received Rs. . 1- (in words ) from Sri S/o R/o .towardscompoundingfee for compositionof offencein case No dated .

The compounding fee is received in full I part.

The balance compounding fee shall be paid in thirty days failing which action shall be initiated torecover the same as arrears of land revenue,

Date:Place:

District .

DesignatedAuthority( Nameand Designation)

FORM-12(see rule 31 )

Abstraclof accounts

for the monthIyearof. .

SI. NatureofNo. receipt

( I) (2)

l. Compoundingfee

2. Registration of new wells

3. Registration fee of rigs

4. Grant by Government

5. Any other receipts (pleasespecify)

Amountreceived

(3)

Natureofexpenditure

(4)

Amountof Balanceexpenditure

(5) (6)


Form-13(see rule 24)

Application/orpermission for felling trees

29

I, Sri ,.. SID Aged.. , RIO (Address) request youto pleasepermit me to fell the following tree I trees in my premises.

J. Category of Premises:a) Residentialh) Institutionalc) Commerciald) Agriculturee) Industrialf} Others- specify

2. Area of the premises.3. Number of trees existing in the premises:4. No. of trees proposed to be felled:5. Species of the trees proposed'to be felled:6. Age of the tree proposed to be felled:7. Reason for proposing to fell the tree/trees:

I undertake that I shall replant tmmedintely'a treel trees in place of the trees felled8. Detailsof the D.D

Place:Date: Signatureof the applicant

Form 14(see rule 24 )

Permission for felling tree I trees

Sri --~-. S/O , Aged RIO is permittedto cut tree I trees in the premises--.------~-------~-- subject to the followingconditions,namely>

1. Premises offeUing tree I trees is as mentionedaboveonly.2. Number of tree I trees permittedto be felledis .--.----- only (Specifyspecies and Number)3. .-------- No. of plants shall be planted within 30 days of the felling4. Fellingshall not be carried out before inspection, bandingwith red paint by the concerned

officials.5. In case of failure to take up plantation,plantsshalt beraised at the cost of the applicant.

Place:Date;

DesignatedOfficer,Water, Landand Tree Authority

(with seal)

30 ANDHRA PRADESH GAZETIE EXTRAORDINARY

FORM· IS(see rule 17)

Applicationfor Registration ofDrillingRigs / Handboringsets

[Part II

1. Name of the applicant:

2. Address:

House No:StreetVillageTfownMandaiDistrict

3. Registration No. of the vehicle:

4. Place of registration with RTO

5. Description of the drilling rig

6. Capacity of DriUing Max DiameterDepth

7. Area of operation

8. Registration fee of Rs- enclosed

Draft No:

Bank

Registered for the yearsRegistration No.

Date

Signature

(For office use only)

Designatedofficer(with Seal)


Form 16(see rule 17)

3!

The vehicle bearing numbet! hand boring s.et-·-~--...~--~~--~- beJonging to Sri -----.-.-.--. of ··.----------{Address) is registeredWith theWater, Landand Trees Authorityof AndhraPradeshali

a rig I hand boring set for operationwith in the terrltonat area of AndhraPradesh.

Thi!l registrationis valid up to ._----....------.----.

This registration does not convey 811y imdQtseU\ent of the vehicle for its performance anddoes not amount to recommendation for employing the d8_but only conveys that the rig / handboring set is permitted to operate with' in the territorial jurisdiction of Andhra Pradesh statesubject to aUother conditionsas per the Jawand rides in force.

The' rig shaU not be used for drilling of borewetls without the valid permission underAPWALTA: FaWng whichiris Iinble for conflscarion.

Place:Date:

Designated Officer,Water. Land and Tree Authority

(with seal)

M.SAMUEL,Principal Secretary to GovemmenJ.

theandhra pradesh gazette

Documents