Uttarakhand Flood Plain Zoning Act, 2012
No: 7 Dated: Jan, 28 2013
Uttarakhand Flood Plain Zoning Act, 2012
(Uttarakhand Act No. 07 of 2013)
An Act to provide for the zoning of flood plains of rivers in the State of Uttarakhand.
Be it enacted by the Uttarakhand State Legislative Assembly in the Sixty-third Year of the Republic of India, as follows : -
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Flood Plain Zoning Act, 2012.
(2) It extends to the whole of the State of Uttarakhand.
(3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and for different areas of different rivers.
2. Definitions. - In this Act, unless the context otherwise requires:-
(a) "Flood Plain" includes water channel, flood channel and that area of nearly low and which is susceptible to flood by inundation;
(b) "Flood Plain Zoning" means restricting any human activity in the flood plains of a river where the plains are created by overflow of water from the channels of rivers and streams;
(c) "Flood Zone" means the area which is required to carry the flow of the maximum probable floods;
(d) "Flood Zoning Authority" in relation to river, means the authority appointed by the State Government under section 3;
(e) "Land" includes interest in lands, benefits arising out of lands and things attached to the earth or permanently fastened to anything attached to the earth;
(f) "Occupier" in respect of any land, means any person who has an interest in the land and cultivates the land himself or by his servants or by hired labour and includes a tenant;
(g) "Owner" in relation to any land includes any person having interest in such land;
(h) "Prescribed" means prescribed by rules made by the State Government under this Act;
(i) "River" includes its tributaries; and
(j) "Water Channel" means the channel in which the flows of a river are generally confined.
CHAPTER - II
Flood Zoning Authority and It's Powers
3. Declaration of flood plain zoning. - (1) Where the State Government considers it necessary or expedient so to do, it may, by notification in the Official Gazette declare that flood plain zoning shall be made in the manner hereinafter specified.
(2) The State Government may direct that a survey be made of a river for the purpose of determining the limits within which the provisions of this Act are to be applied and that proper charts and registers be prepared specifying all boundaries and landmarks and any other matter necessary for the purpose of ascertaining such limits.
(3) The State Government may by notification in the Official Gazette appoint the Collector of the District or such other authority as the Government considers necessary, as the Flood Zoning Authority for the purposes of making a survey of the area as required under sub-section (2) and may specify in such notification, the duties to be discharged by such authority.
4. Powers and functions of thee Flood Flood Zoning Authority. - The Flood Zoning Authority shall exercise the powers and discharge the duties in accordance with the provisions of this Act and the terms and conditions specified in the notification under sub-section (3) of section 3.
CHAPTER - III
Surveys and Delineation of Flood Plain Area
5. Survey. - (1) The Flood Zoning Authority shall carry out surveys of flood plains of the rivers and determine the nature and the extent of flood plains of the rivers.
(2) The Flood Zoning Authority shall, on the basis of the survey carried out under sub-section (1) establish flood plain zones and delineate the areas which are subject to flooding including classification of land with reference to relative risk of flood plain use intended to safeguard the health, safety and property of the general public.
(3) The Flood Zoning Authority shall prepare charts and registers indicating the areas delineated under sub-section (2).