THE ANDHRA PRADESH WATER, LAND AND TREES RULES, 2002

 

PREAMBLE

In exercise of the powers conferred by sub section (1) of section 45 of the Andhra Pradesh Water, Land and Trees Act, 2002 (Andhra Pradesh Act No. 10 of 2002), the Governor of Andhra Pradesh hereby makes the following rules to promote water conservation of water sources, land and matters connected there with or incidental thereto in the State of Andhra Pradesh.

Rule - 1. Short title extent and commencement.

(1)     These rules may be called The Andhra Pradesh Water, Land and Trees Rules, 2002.

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

(3)     They shall come in to force from the date of publication.

Rule - 2. Definitions.

In these rules, the context otherwise requires:-

(1)     "Act" means the Andhra Pradesh Water, Land and Trees Act, 2002;

(2)     "Authority" means the Andhra Pradesh State Water, Land and Trees Authority constituted under the Act;

(3)     "Member Secretary" means the member secretary of the Andhra Pradesh State Water, Land and Trees Authority.

(4)     Words and Expressions used in the Act shall apply to these rules also. 

Rule - 3. Appointment of Administrator and the staff in State , District and mandal Authorities.

(1)     (i) The Government may designate any officer as an Administrator who shall assist the Authority in discharging its duties.

(ii) The Authority may take on deputation such other officers or members of staff subordinate to the Administrator either on contract basis or from the surplus manpower cell.

(2)     The member Secretary of the District Authority shall assist the District Authority in its work and the District Authority ma take on contract basis or from the surplus manpower cell such other officers or the staff to assist the Member Secretary.

(3)     The Member Secretary of the Mandal Authority shall assist the Mandal Authority in its work and the Mandal Authority may take on contract basis or from the surplus manpower cell suc other officers or the staff to assist the Member Secretary.

(4)     The Authority under the provisions of section 5 the Act, may designate the officers from the departments such as Ground Water, Rural Development, Panchayath Raj, Forest or any other department or agency as deemed necessary to work as Designated or Technical Officers for the purpose of the Act by a separate order.

(5)     The power of designating the officers at District and mandal level may be delegated by the State Authority to the District and Mandal level Authorities respectively.

Rule - 4. Term of Office of thenominated members of the Authorities.

The term of office of the nominated members of the Authority except those nominated under clause (k) of subsection (2) of section (3) shall be three (3) years from the date of their appointment.

Rule - 5. Resignation.

(1)     A nominated member o the Authority may resign from his office by giving thirty (30) days notice to the Chairman.

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

(3)     Whenever a nominated member of the Authority resigns or dies or is removed from the office or becomes incapable of acting. Government may by notification in the official gazette appoint a person in the said vacancy.

Provided that a person so appointed in the said vacancy shall hold office only for the residue of the period.

Rule - 6. Removal from the Authority.

The Government may remove any non-official member from his office if he is of unsound mind, or convicted of a criminal offence involving moral turpitude, or fails to attend more than three successive meetings of the Authority without prior approval of the Chairman.

Rule - 7.Allowances.

(1)     The non-official members of the Authority shall be entitled to the travelling and daily allowances as admissible to Grade-I officers of the state for attending the meetings or any other work assigned by the Authority. They should produce a certificate that they have not claimed Travelling Allowance and Dearness Allowance for the same period elsewhere.

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

Rule - 8. District Authority.

Rule - 9. Mandal Authority.

(1)     The Government may by notification constitute the Mandal Authority as follows:

(k) Assistant Executive Engineer, Rural Water Supply.

Note: In the Scheduled Areas, a Scheduled Tribe Candidate shall be nominated. In the predominantly Scheduled Castes Mandal, one of the members shall be from Scheduled Caste.

(2)     The term of the office of Non Official members shall be three years from the date of appointment.

(3)     The Mandal Authority shall conduct meetings and perform such functions as delegated under section 6 and prescribed under section 3(6) of the Act, and other functions as directed by the Government. The Mandal Authority may utilise the services of the Designated Officers and technical officers in discharging of its functions.

(4)     The quorum to conduct meeting of the Mandal authority shall be one third of the total number of the members.

Rule - 10. Meetings of the State, District and Mandal Authorities

(1)     The time, date and place of the meeting of the State, District and Mandal Authorities shall be fixed by the Member Secretary of the respective authorities with the approval of its Chairman.

(2)     The District Authority may conduct meetings and perform such functions as delegated under subsection-6 of section 3 of the Act and other functions as directed by the Government and will report to the State Authority. The District Authority may utilise the services of the Designated Officers and Technical Officers in discharging of its functions.

(3)     Seven clear days notice of an ordinary meeting and three clear days notice of a special meeting along with the agenda notes if any, shall be given by the Member Secretary to the members.

(4)     Any particular meeting may adjourn from day to day or to any particular day and no fresh notice shall be required for an adjourned meeting.

(5)     All decisions in a meeting shall be decided by a majority of votes of the members present. Voting shall be by raising of hands in favour of the proposal. In case of equality of votes the presiding officer shall have a casing vote.

(6)     The Authority may Co-opt any person as an observer for a particular meeting or period who shall have no voting rights.

Rule - 11. Registration of Wells.

Every owner of the well shall register the well as per the subsection (2) of section 8 of the Act by an application giving details as in Form-I appended to these rules and by paying fee as fixed by the Authority having jurisdiction from time to time. The Town Planning Department of Municipal Corporation, Municipalities

Rule - 12. Permission for new wells.

(1)     Any person or institution desiring to dig a new well of any kind in their premises should submit to the Authority having jurisdiction over the area, an application in Form 2 appended to these rules together with a fee as fixed by the authority from time to time. The Authority shall process the application with the help of the Designated Officer. The Designated Officer after examining the application shall satisfy himself about the compliance of the various provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 and give his recommendation to the Authority and the said Authority shall dispose off the application within forty five days of receipt of the application. The Designated Officer while deposing off the application shall comply with the provision of subsection (3) of section 10 of the Act. Wherever necessary, it shall take the opinion of the Technical Officer of that area. Every order for permission shall be in Form 3 appended to these rules.

Provided that with every such application for a new well wherever the power driven pump is to be used, application in Form 2 shall be accompanied with permission letter from Andhra Pradesh Transmission Corporation in the Form 10 appended to these rules.

(2)     The fee shall be paid through a demand draft drawn in favour of "The Andhra Pradesh Water, Land and Trees Authority Fund" payable at the head quarters of the respective Authority.

Rule - 13. Conditions for grant of permission.

The permission for grant of sinking of well under the Andhra Pradesh Water Land and Trees Act, 2002 shall be subject to the following conditions namely.

(1)     That the sinking of the well should not violate any provisions of the Act.

(2)     That the Authority reserves its right to take such measures necessary for preservation and control of water including an order for closure of the well; and

(3)     That the persons sinking the well shall furnish necessary information as and when required by the Authority in such form as may be prescribed and bound by the orders of the Authority with regard to the drawing of water including imposition of condition of hours of drawing of water.

Rule - 14. Regulation of wells in over exploited areas.

In respect of areas declared as over exploited by the Authority, as per sub-section (1) of section 11 of the Act, no person shall sink a well without the permission of the Authority. The application for such permission shall be in the Form 2 and the order of permission shall be in the Form 3 appended to these rules and its disposal shall be governed as per sub-section (5) of section 11 of the Act.

Rule - 15. Taking over of well to ensure drinking water.

(1)     The Authority may by a general or special order shall authorize the Designate Officer to identify such wells as required to ensure supply of drinking water to local population and shall take over such wells.

(2)     On identification of the wells, the Designated Officer shall serve or cause to serve an order of requisition on the owner of the well specifying the period of such requisition. The Designated Officer for sufficient reasons, may extend such period of requisition.

(3)     On requisition, the owner of the well shall not draw water for any other purpose other than drinking for his own use.

(4)     If the well so requisitioned is the only source of irrigation and if the owner is solely dependent on agriculture for his livelihood, the owner shall be compensated for the loss of livelihood. The quantum of compensation shall be decided by the District Collector in consultation with the agriculture department based on the crops raised during the same period in the previous three years by the owner utilising the water from the well.

Rule - 16. Construction of Rain Water Harvesting Structures.

The construction of the water harvesting structures in all existing and new residential, commercial, public and open areas shall be governed by the guidelines and schemes adopted by the respective urban and local bodies. They shall also be responsible for monitoring execution of the construction in accordance with the design and the scheme. The provisions of section 17 of the Act shall be followed by the Urban and Local bodies.

Rule - 17. Registration of Rigs.

Every rig owner or an operator operating or desiring to operate in the sate of Andhra Pradesh shall register the rig with the Authority by paying a fee as fixed by the authority from time to time which shall be renewable for every two years. The application shall be made in Form 12 and the permission shall be given by the Authority in Form 13. The rig owners are required to display the Form 13 at all times upon the rig. Failure to register the rig shall be an offence and shall be dealt in accordance with rule 25 of these rules.

Rule - 18. Prohibition of water contamination.

The Authority shall restrict, regulate and prohibit storage and disposal of effluents by any person or industry, local body or aqua culture farm into any stream or well or sewer or on land to prevent and control contamination of ground water. The Authority may pass orders suo-motto or based on representations received from public and after providing an opportunity to be heard to the affected parties and recording reasons in writing.

Rule - 19. Land use and water quality.

The Authority may impose restrictions and prohibit any industry and carrying out of any process and operations in any are to protect water and soil quality in the area. The Authority shall provide opportunity to be heard to the affected parties before passing any order and shall record reasons in writing.

Explanation :-Power to issue orders under this rule includes power to order for

(i)       Shifting and closure of industry; and

(ii)      Prohibition or regulation of any process or operation

Rule - 20. Water Cess.

The Authority may levy a cess on consumption of water and discharge of effluent by any industry, which is not covered under Schedule I of the Water Cess Act, 1977 and the amount of cess shall be as fixed by the Authority from time to time.

Rule - 21. Modification of land use.

(1)     The authority or any designated officer or agency may direct the occupier of any land that land use shall be modified if the quality of the water coming from the lad is not of acceptable quality compared to the standards prescribed by the Andhra Pradesh Pollution Control Board from time to time.

(2)     No brick manufacturing shall be taken up in areas where the soil is prone to erosion and depletion.

(3)     Wherever coal base thermal power plants are in operation, all constructions within a radius of 10 Kilo meters shall be taken up with bricks made only with fly ash.

Rule - 22. Ceiling on water use.

Industries shall not use fresh water in excess of maximum unit quantity specified by the Andhra Pradesh Pollution Control Board in consent orders issued under the Act, including for production - related purposes like dilution of effluents etc., The Andhra Pradesh Pollution Control Board may impose penalty upto the maximum permissible under the Act, in each case of proven violation of the consent condition.

Rule - 23. Sand mining.

In areas where sand mining is affecting groundwater regime, such of the areas shall be notified and transportation of sand shall be prohibited and mining and transportation of sand shall be banned in categories-I, II and III groundwater micro basins/mandals and for other areas the following conditions shall apply for exploitation of sand.

(1)     (a) Sand mining shall not be permitted in I, II, III order streams except for local use in the Villages or towns bordering the streams. Transportation of sand from these notified I / II / III order streams through mechanical means out of the local jurisdiction shall be banned.

(b) In IV orders stream, sand mining shall be restricted to specified areas.

(c) In V order and above rivers, Viz. Godavari, Krishna, Penna etc. sand mining

(2)     The sand leaseholders shall not carryout quarrying within 500m. of any existing structure such as bridges, dams, weits or any other cross drainage structure.

(3)     Vehicles carrying sand shall not ply over the flood banks except at crossing points or bridges or on a metal road.

(4)     Permission to quarry sand shall not be granted within 500 meters of any groundwater extraction structure(s) either for irrigation or drinking water purposes.

(5)     The streams / rivers where the thickness of sand is quite good (more than 8.00 meters) the depth of removal may be extended to 2.00 meters but in no case beyond two meters.

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

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

(8)     The depth of removal of sand shall be restricted to one meter particularly in minor streams where the thickness is more than 3.00 meters and less than 8.00 meters.

(9)     The sand quarrying shall be restricted to depths above the water table recorded during monsoon and in no case effect / disturb the water table.

(10)   The quantity of sand deposited annually in every stream or river shall be monitored by establishing observation stations along the stream course.

(11)   The Ground Water Department shall take up joint inspection along with officials of Mines and Geology Department or other concerned departments whenever cases are referred to study the impact of sand mining in an area and shall give its recommendations.

Rule - 24. Tree planting.

(1)     In every Municipal Corporation or Municipality or other local area, the number of trees to be planted and their subsequent maintenance shall be on the following scale:

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

Below 100 Square meters ? 3 trees

101 to 200 Square meters ? 5 trees

201 to 300 Square meters - 10 trees

301 Square meters and above ? 10 trees plus 5 trees for every increase of 100 Square meters.

(ii)      Commercial or institutional areas: Commercial establishments shall plant trees as follows:-

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

(2)     The local authority having jurisdiction shall grant building permission subject to the condition that the owner shall plant prescribed number of trees.

(3)     The owner of the premises or house shall maintain the trees and shall not fell the tree without the prior permission of the Designated Officer.

(4)     If any owner desires to fell a tree, he shall apply in writing to the Designated Officer for permission in Form 11(a) with a fee per tree as indicated below in that behalf. The application shall be accompanied by a site plan indicating the position of the tree required to be felled and the reasons therefor.

(i)       For urban residential and Institutional areas -Rs. 50/

(ii)      For urban commercial areas -Rs. 100/- 

(iii)     For rural areas -Rs. 25/-

(5)     On receipt of such application the Designated Officer or an officer authorized by him, may, after inspecting the trees and holding such enquiry, as he deems necessary either grant or refuse the permission applied for in form 11(b).

Provided that permission shall not be refused, if the tree:

(i)       is dead, diseased or wind fallen or

(ii)      has silviculturally matured; or 

(iii)     constitutes a danger to life or property; or 

(iv)    constitutes obstruction to traffic, or

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

Provided further that, if the tree permitted to be felled is not exempted from purview of Forest Produce Transit rules, the Designated Officer shall inform the concerned Divisional Forest Officer for grant of transit permit and the owner shall not transport felled material without a valid permit.

(6)     The Designate Officer shall dispose the application within fifteen days from the date of receipt of application by him.

(7)     The permission to fell a tree may be granted subject to the condition that the owner of the premises shall plant another two trees of the same or suitable species on the same site or other suitable place, within thirty days from the date the tree is felled.

(8)     (a) If, in the opinion of the Designated Officer, the number of trees in any premises or open area is not adequate according to the standards prescribed in sub-rules 9I) and (ii) above, he may after giving reasonable opportunity of being heard to the owner or occupier of the land, by order, require him to plant such trees or additional tress and at such places in the land as may be specified.

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

(9)     (a) Where any tree has fallen or destroyed by fire, lightening or rain or other natural causes, the Designated Officer may suo moto or on information given to him, after holding such enquiry as he deems fit and giving a reasonable opportunity to the owner or occupier of the land where the tree existed, by order, require such owner or occupier to plant a tree in place of the tree so felled or destroyed at the same or other suitable place as may be specified in the order.

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

(10)   When the owner or occupier of any land fails to comply with any order made by the Designated Officer, the Designated Officer shall take necessary action for planting the trees and recover the expenditure incurred thereon as arrears of property tax.

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

Rule - 25. Dealing with the cases of offence.

(1)     Any violation of the provisions of the Act and these rules shall be booked in the offence report given in Form 4 appended to these rules. A copy of the offence report shall also be submitted to the District Authority immediately. In case the offender is to be prosecuted, a copy of the offence report shall also be submitted to the nearest Magistrate having jurisdiction.

(2)     Where an offence is committed, the Designated Officer may seize any instrument or machinery or any other device, vehicles or other conveyance or any other movable property used in or involved in committing such offence. A list of seizures shall be furnished to the custodian of the property seized in Form 5 appended to these rules.

(3)     Where the seizures have to be given to the safe custody of any person it shall be given to the custody of that in the Form 6 appended to these rules with a direction to produce the property before the Designated Officer or the Court as and when required.

Rule - 26. Compounding of offences.

(1)     The Designated Officer may compound the offences in Form 7 appended to these rules and furnish a copy of the compounding order to the offender and submit another copy to the District Authority. The quantum or compounding fee shall be as follows.

(i)       For contravention of any of the provisions or any order or obstructing any person in discharging of his duties under the Act and these rules, the compounding fee shall not be less than one thousand rupees but which may extend to five thousand rupees.

(ii)      For felling a tree without prior permission, the compounding fee shall not be less than two times of value of the tree felled but which may extend to five times of the value of the tree felled.

(iii)     In case of a second or subsequent offence by the same person or institution, the offender shall be liable to pay twice the amount of compounding fee prescribed above.

(2)     When the compounding fee is levied and paid by the offender, a receipt in Form 8 appended to these rules shall be issued to the person paying the compounding fee.

Rule - 27. Appeals.

(1)     Any person aggrieved by any order made by the Designated Officer may appeal to the District Authority within a period of thirty days from the date of receipt of the order by him.

(2)     Any person aggrieved by any order made by the District Authority may appeal to the State Authority within thirty days from the date of receipt of the order by him.

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

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

Rule - 28. Review.

An application for review by the Government shall be made to the concerned Secretary as the case may be, of the concerned department who shall dispose off the application with in a period of thirty (30) days after giving a reasonable opportunity of being heard to the aggrieved party.

Rule - 29. Andhra Pradesh Water, Land and Trees Authority Fund.

(1)     Constitution of the Fund: All monies received by the Mandal District or State Authority shall be credited to the respective Authority. The remittances to the Mandal, District or State Authority shall be made by way of ash or demand draft in a Government account to be operated jointly by Member Secretary and the Chairman or the Authority.

(2)     Control of the Fund: The Member Secretary of the District or State Authority shall operate the Fund after obtaining approval of the Chairman.

(3)     Accounts and Audit:

(a)      The District and State Authority shall maintain monthly accounts of receipts and expenditure

(b)      The Mandal and District Authority shall furnish an abstract of monthly receipts and expenditure to the State Authority in Form 9.

(c)      The State Authority shall furnish to the Government a consolidated statement of receipts and expenditure once for every year in Form 9.

(4)     Budget estimates:

(a)      The District Authority shall on or before the 30th day of September every year prepare annual budget estimate in respect of the ensuing financial year of the estimated income and expenditure and submit to the State Authority, in the format as prescribed in budget manual.

(b)      The State Authority shall on or before 31st day of October every year prepare annual budget estimate in respect of the ensuing financial year of the estimated income and expenditure and submit to the Government for incorporating in the State budget in the format as prescribed in budget manual.

Rule - 30.

The Annual Report of the Authority shall give true and full account of the activities in that year and shall be prepared in the format prescribed by the Government and submitted by the due date.