Act XIV of 1979
An Act to provide certain measures and safeguards for the protection of the ecological balance in the protected area of the Silent Valley Hydro Electric Project in the Mannarghat Taluk of the Palghat district of the State of Kerala.
Preamble- Whereas it is necessary to provide for certain
measures and safeguards for the protection of the ecological balance in the
protected area of the Silent Valley Hydro Electric Project in the Mannarghat
Taluk of the Palghat district of the State of Kerala and for matters incidental
or ancillary thereto;
Be it enacted in the Thirtieth Year of the Republic of India as
follows:-
Short title
1. This Act may be called the Silent Valley Protected Area (Protection of Ecological Balance) Act, 1979.
Definitions
2. In this Act, unless the context otherwise requires,
(a) "Committee" means the Silent Valley Environmental Monitoring Committee constituted under section 3;
(b) "full capacity contour" means the contour of full reservoir level of the project;
(c) "monitoring operations" means the operations for collecting, observing and interpreting the data relating to the environment of the protected area and the changes thereto;
(d) "monitoring station" means a monitoring station established under section 4;
(e) "monitoring team" means the monitoring team appointed by the Government under section 4;
(f) "prescribed" means prescribed rules made under the Act;
(g) "project" means the Silent Valley Hydro Electric Project in the Mannarghat Taluk of the Palghat district of the State;
(h) "project area" means the submersible area below the full capacity contour, the project dam site, the power intake and their permanent appurtenant works and such other areas within the protected area as may specified by the Government by notification in the Gazette in consultation with the Committee and the Project Authority, as being required for the execution and operation f the project;
(i) "Project Authority" means the Kerala State Electricity Board or such other authority as may be specified by the Government in this behalf by notification in the Gazette;
(j) "protected area" means the area comprised in the Silent Valley Reserved Forest notified under the Kerala Forest Act, 1962 (IV of 1962);
(k) words and expressions used and not defined in this Act but defined in the Kerala Forest Act, 1962 (IV of 1962) shall have the meanings respectively assigned to them in that Act.
Constitution and functions of Committee
3. (1) The Government shall, in consultation with the National Committee on Environmental Planning and Co-ordination, by notification in the Gazette, constitute a committee by name "the Silent Valley Environmental Monitoring Committee" for the purpose of exercising the powers and performing th functions of the Committee under this Act.
(2) The functions of the Committee shall be -
(a) to advice on the monitoring of the environmental impacts f the project and the ecological aspects of the protected area; and
(b) to ensure that the implementation of the environmental safeguards provided in this Act.
Establishment of Monitoring stations
4.(1) The Government shall, on the recommendation of the Committee, establish one or more monitoring station or monitoring stations in the protected area for the purpose of on -the-spot monitoring operations.
(2) The monitoring operations shall be carried out by a monitoring team appointed by the Government on the recommendation of the Committee.
(3) The monitoring team shall consist of such number of persons possessing the prescribed qualifications as may be decided by the Government and shall include representatives of the National Committee on Environmental Planning and Co-ordination.
(4) In carrying out its functions under this Act, the monitoring team shall follow such instructions and advice as may be issued to it by the Committee.
Expenses of Committee, etc
5. The expenses on account of the Committee, the monitoring team, the monitoring stations and the monitoring operations shall be met by the government.
Restriction on construction of roads and colonies in the protected area
6. (1) Roads shall not be constructed in the protected area except along with or within the full capacity contour or in the project area.
(2) subject to the provisions of sub-section (1), the Project Authority shall be responsible for the construction of roads and the transportation of the staff, labourers another persons engaged int he construction of the works in connection with the project in the protected area.
(3) construction of colonies, staff quarters, offices, workshops and other works for essential services, within the protected area, required for the execution of the project shall be subject to the following restrictions namely :-
(a) site selected for the purpose shall be such that deforestation shall be the minimum; and
(b) only the minimum area necessary for the purpose, as may be decided by the committee shall be utilised.
(4) No such colonies shall be established outside the full capacity contour of the project area except in consultation with the Committee.
Restriction on felling of forests
7. No forests shall be felled in the protected area except those within the full capacity contour of the project area.
Restriction on grazing, cultivation, etc
8. (1) No person engaged int he construction of the project shall keep cattle or goats or let out any animal into the protected area for grazing.
(2) No person referred to in sub-section (1) shall, without the previous sanction of the Project Authority, bring any land int he protected area under cultivation or put up any structure, temporary or permanent, in the protected area.
Restriction in quarrying, etc.
9. (1) No person shall carry on quarrying in, or remove earth or soil from, the protected area, except in or from the area within the full capacity contour of the project area.
(2) the Project Authority shall take all necessary soil conservation measures in the quarries and burrow pits and work and buildings sites inside the protected area.
Minimum maintenance staff to be allowed to stay in protected area
10. (1) After the completion of the construction of the project, only the minimum number of staff required for the maintenance of the project, as determined by the Project Authority, shall be allowed to stay in the protected area.
(2) A person who is allowed to stay in the protected area under sub-section (1) -
(a) shall not keep cattle or goats and shall not let out any animal into the forest for grazing.
(b) shall not bring any land under cultivation.
Duty of certain persons to assist in fire protection measures
11. All persons engaged in the construction of the project in the protected area and all persons allowed to stay in the protected area shall assist in measures to protect the forest in the protected area from fire,when required to do so by any forest officer.
Restriction on survey and other operations by Project Authority
12. The project Authority shall not carry out any survey or other similar operations which are required to be carried out in the protected area outside the full capacity contour, without the prior concurrence of the monitoring team.
Identity cards
13. No person shall enter into the protected area without an identity card or pass issued by the Project Authority or any forest officer or other officer authorised in that behalf by the Committee.
(2) Issue of identity cards and passes under sub-section (1) shall be subject to such conditions and restrictions as may be prescribed.
Compensatory measures for loss of forest trees
14. the Project Authority shall provide and place at the disposal of the Kerala Forest Department, funds for compensatory afforestation of an area equivalent to the area comprised in the forests felled for the purpose of the project, and such funds shall be provided before the trees in that area are allowed to be felled.
Appointment of officers and other employees
15. The Government may appoint such number of officers and other employees in such manner as may be prescribed to assist the Committee in the exercise of its powers and the performance of its functions under this Act.
Power to prevent commission of offences
16. (1) Every Forest Officer and every officer authorised by the Government in this behalf shall prevent, and may interfere for the purpose of preventing, the commission of any offence under this Act and shall have power to evict all encroachers and squatters from the protected area and to confiscate or demolish any sheds or other structures put up in the protected area.
(2) Forest officers and other officers authorised under sub-section (1) shall have the powers of Police Officers for the purpose of investigations or prevention of offences under this Act and the collection of evidence.
Penalties
17. If any person contravenes any provision of this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one thousand rupees or with both.
Cognizance of offences
18. No court shall take cognizance of ny offence punishable under this Act except on a report in writing of the facts constituting such offence made by a forest officer or any other officer authorised by the Government in this behalf.
Members of Committee etc., to be public servants
19. the members of the committee, the officers and sevants to the Committee and members of the monitoring team shall be deemed to be public servants within the meaning of S. 21 of the Indian Penal Code (Central Act XLV of 1860).
Protection of action taken in good faith
20. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance fo this Act or any rule made thereunder.
Power to make rules
21. (1) The Government may, in consultation with the Committee and by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Repeal and saving
22. (1) The silent Valley Protected Area (Protection of Ecological Balance) Ordinance, 1978 (31 of 1978) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken udner this Act as if this Act had come into force on 30th day of December, 1978.
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