KERALA PROTECTION OF RIVER BANKS AND REGULATION OF REMOVAL OF SAND ACT, 2001
(1) This Act may be called the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
In this Act, unless the context otherwise requires,--
(a) "District Collector" means the Collector of the District;
(b) "District Expert Committee" means the District Expert Committee constituted under section 3;
(c) "Fund" means the River Management Fund maintained under section 17;
(d) "Government" means the Government of Kerala;
(e) "Kad
(1) As soon as may be, after the commencement of this Act, the Government shall, by notification constitute an Expert Committee for each district in the State with effect from such date, as may be specified in the notification.
(2) Every District Expert Committee shall consist of the following members, namely:--
(a) the District Collector--Ex-officio
(b) a representative nominated by the Government from among the members of the District Panchayat representing any area abutting any river of the district;
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(1) For the purpose of regulating the removal of sand in every Kadavu or river bank situated in a district, the District Collector shall constitute for each Kadavu or river bank a Kadavu Committee called by the name of that place where the Kadavu or river bank is situate, consisting of the following members, namely:--
(a) the President of the Grama Panchayat or the Chairman/Chairperson of the Municipality of the concerned Kadavu--Ex-officio;
(b) the secretary of the Grama Panchayat or the Secretary of the Municipality of the area--Ex-officio;
(c) the Assistant Labour Officer of the area--Ex-officio;
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(1) Save as otherwise provide in this Act, the terms of office of the members of the District Expert Committee and, as the case may be, the Kadavu Committee other than the Ex-officio and official members, shall be three years from the date of nomination and shall be eligible for re-nomination.
(2) A member referred to clause (1) of sub-section (2) of section 3 and clause (i) of sub-section (1) of section 4 may resign his office by giving notice in writing thereof to the Government or, as the case may be, to the District Collector concerned and shall cease to be a member on his resignation being accepted by the Government or, as the case may be, the District Collector concerned.
No Act done or proceeding taken by the District Expert Committee or the Kadavu Committee shall be invalidated merely by reason of,--
(a) any vacancy in, or any defect in the constitution of the aforesaid Committees;
(b) any irregularity in the procedure of the aforesaid Committee not affecting the merits of the case.
(1) Any vacancy caused in the District Expert Committee, as the case may be, the Kadavu Committee shall be filled up as early as possible by nomination by the Government, as the case may be, by the concerned District Collector.
(2) Any person so nominated to fill up a casual vacancy shall hold office only so long as the member in whose vacancy he is nominated would have been entitled to hold office, if the vacancy had not occurred.
(1) The District Expert Committee shall meet at least once in three months in a year.
(2) One third of the total number of members shall be the quorum for a meeting.
(3) The Chairman may nominate one among the members to preside over the meeting, in his absence.
Subject to the other provisions of this Act and the rules made thereunder, the District Expert Committee shall have the following powers and functions, namely:--
(a) to identify the Kadavu or river bank in a district in which sand removal may be permitted;
(b) to fix the total quantity of sand that can be removed from a Kadavu or river bank giving due regard to the guidelines of expert agencies like the Centre for Earth Science Studies and Centre for Water Resources Development and Management;
(c) to control the transportation of sand from a Kadavu or river bank to another area;
(1) The Kadavu Committee shall meet at least once in every month.
(2) One-third of the total number of members shall be quorum for the meeting.
(3) The Chairman may nominate one among the members to preside over the meeting, in his absence or if in any circumstances, nomination is not possible the members at the meeting may nominate a person to hold the position.
Subject to the other provisions of this Act and the rules made thereunder, the Kadavu Committee shall supervise and monitor all activities of sand removal and recommend to the District Expert Committee on the following matters, namely:--
(a) the suitability of the Kadavu or river bank for sand removal;
(b) the quantity of sand that may be removed from a particular Kadavu;
(c) the additional measures to be taken for protection of the Kadavu or river bank;
(d) the necessity to ban s
(1) The Grama Panchayat or the Municipality concerned shall, before carrying out the sand removal operation obtain passes from the Geology Department which shall issue them on the recommendation of the District Expert Committee for a period of one month in advance, on payment of royalty as provided for in the law applicable for the payment of royalty.
(2) No sand removal operation shall be carried out in a Kadavu before 6 a.m. and after 3 p.m.
(3) The Grama Panchayat or Municipality concerned shall subject to the other provisions of this Act and the rules made thereunder, make necessary arrangements to carry out the sand removal operations.
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(1) Notwithstanding anything contained in this Act, or in any decree or order of any Court, the Government may, for sufficient reasons by general or special order, direct for the closure of a Kadavu opened for sand removal.
(2) The District Collector may notify the ban on sand removal from any river or river bank during any period particularly during monsoon season in a year based on a report from the District Expert Committee or otherwise that dredging of sand disturbs the bio-physical environment system of the river:
Provided that the order of ban shall not extend beyond a period of two weeks at a time, which may be extended for a further period not exceeding two weeks.
(1) The Kadavu Committee shall, after taking into account the availability and accessibility of sand in any area, fix the price of sand for each Kadavu;
(2) The price to be fixed under sub-section (1) shall be by public auction.
(3) The price of sand to be fixed by public auction shall include expenses towards loading sand in vehicle and the labour charges as fixed by the Kadavu Committee.
(1) Every Local Authority in the State having Kadavu or river bank for sand removal shall maintain such Kadavu or river bank in a safe condition and protect its bio-physical environment system by taking effective steps to control river bank sliding.
(2) Every local authority shall erect concrete pillars at the Kadavu or river bank in such a way that no vehicle shall have direct access to the bank of the river.
(3) The local authority shall establish a check post at each Kadavu or riverbank and maintain proper account of the sand removed from the Kadavu.
(4) Bamboo and "Attuvanchi" may be planted o
(1) Subject to the provisions of this Act and the rules made thereunder and any general or special orders of the Government, if any in this behalf, the District Expert Committee may prepare a River Bank Development Plan for establishing, co-ordinating and protecting river banks within the district, in such manner and containing such particulars as may be prescribed, for the upkeep of the bio-physical environment of the river banks:
Provided that the River Bank Development Plan shall be consistent with the development plan, if any, undertaken by the Government in the Irrigation Department.
(2) The District Collector shall obtain the approval of the Government before implementation of the River Bank Development Plan
(1) The District Collector shall maintain a Fund called the "River Management Fund" from which all expenses towards management of the Kadavu or river bank shall be met.
(2) Every Local Authority having a Kadavu or river bank shall contribute fifty per cent of the amount collected by the sale of sand towards the River Management Fund maintained by the District Collector:
Provided that the cost of collection of sand and the Royalty paid shall not be included in the amount of collection.
Explanation.-- For the purpose of this sub-section, "cost of collection" shall include the maintenance charges and the cost of e
(1) The District Collector shall maintain a complete account of the Fund and it shall be audited every year in such manner as may be prescribed.
(2) The account shall be open to inspection by Government or by any officer specifically empowered for the purpose.
Any amount collected by the District Collector towards River Management Fund based on any executive order of the Government as on the date of coming into force of this Act, shall stand transferred to and vested in the Fund constituted under this Act and shall form part of the Fund.
Whoever contravenes any of the provisions of this Act or rules made thereunder shall, on conviction be punished with imprisonment for a term of which may extend to two years or with fine which may extend to twenty-five thousand rupees or with both and in case of continuing contravention with an additional fine which may extend to one thousand rupees for every day during which such contravention continues.
Whoever abets any offence punishable by or under this Act or attempts to commit any such offence shall be punished with the penalty provided by this Act for committing such offence.
Nothing in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable under this Act.
Whoever transports sand without complying with the provisions of this Act shall be liable to be punished and the vehicle used for the transaction is liable for seizure by the Police or Revenue Officials.
Explanation.-- The term 'vehicle' for the purpose of this section includes 'country boat' and raft.
Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, deals with the seizure and confiscation of vehicles used in the illegal transportation of river sand, aiming to prevent unauthorized sand removal and protect riverine ecosystems. It provides the legal framework for authorities to take action against offenders and regulate sand transportation activities.
Section 23 authorizes authorities, primarily Police and Revenue Officials, to seize vehicles involved in transporting sand without compliance with the Act. It stipulates that such vehicles are liable for confiscation, and procedures for seizure, sealing, and subsequent disposal are to be followed. The section also emphasizes that any person transporting sand illegally shall be punishable, and the vehicle used is liable for seizure.
Section 23 broadly covers:- All persons involved in illegal sand transportation.- Vehicles, tools, and equipment used for transporting sand unlawfully.- Enforcement actions by designated authorities.- Procedures for seizure, sealing, and confiscation.- The section applies across all districts in Kerala, with specific rules guiding implementation (Rules 27 & 28 of the 2002 Rules).- It intersects with criminal law, especially Sections 4, 5, 102 of the CrPC, and provisions related to search, seizure, and confiscation.
The section itself primarily provides for confiscation and seizure rather than prescribing specific penalties. However, under the Act, offenders transporting sand illegally are liable to punishment, which may include fines, imprisonment, and confiscation of vehicles. Penalties are often enforced through criminal proceedings initiated under the Act, with confiscation proceedings being quasi-judicial.
Power of Seizure - Section 23 confers explicit authority on Police and Revenue Officials to seize vehicles involved in illegal sand transportation, emphasizing the importance of enforcement to prevent unlawful activities [Shihabudheen VS State of Kerala].
Procedural Compliance - The seizure and confiscation must follow the procedures outlined in Rules 27 & 28 of the 2002 Rules, including sealing the property and issuing notices, ensuring due process [Venugopala Kurup, S/O. Parameswaran Pillai VS District Collector, Alappuzha].
Authority of Officers - The section authorizes designated officers, including Police and District Collectors, to seize and confiscate vehicles, highlighting the administrative and executive powers vested in them [Shihabudheen VS State of Kerala].
Seizure from Agents and Drivers - Service of notices on drivers, who are deemed agents of owners, suffices for compliance with the audi alteram partem rule, as drivers are considered representatives of vehicle owners [Venugopala Kurup, S/O. Parameswaran Pillai VS District Collector, Alappuzha].
Vehicle Loading Equipment - Vehicles used for loading tools and equipment, or those involved in transporting sand from a broken-down vehicle, can also be subjected to seizure under Section 23 [JAFAR VS STATE OF KERALA].
Interim Custody and Release - Courts and authorities have the discretion to release vehicles pending confiscation proceedings, often on conditions such as deposits or bonds, to prevent damage and deterioration [Ayoob VS Sub Inspector of Police].
Confiscation Proceedings - Confiscation is a quasi-judicial process that requires initiation and adjudication in accordance with law; mere detention or seizure does not imply confiscation [Ajith Kumar, S/O Aravindakshan Pillai VS District Collector, Office of The District Collector].
Role of Magistrates - Judicial Magistrates or Sub Divisional Magistrates are the competent authorities to order release or confiscation, and their jurisdiction is explicitly recognized in the Act [R. Y. Kumkuma Priya VS State of Kerala].
Search and Seizure Protocols - The law mandates that seizure reports be made to the appropriate Magistrate and that properties are sealed properly, ensuring transparency and accountability [R. Y. Kumkuma Priya VS State of Kerala].
Legislative Competence - The Act, including Section 23, falls within the legislative competence of the State under Entry 23 of List II of Schedule 7, and not in conflict with Central laws like the Mines and Minerals Act, 1957 [Subramanian VS State Of Kerala].
Natural Justice and Due Process - The procedures for seizure and confiscation incorporate principles of natural justice, including notice and hearing, to safeguard rights of vehicle owners and transporters [SHAJI ANDREWS VS STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT].
Legal Validity of Confiscation - Confiscation proceedings must be initiated and adjudicated lawfully; arbitrary or uninitiated confiscations violate constitutional rights and are subject to judicial review [Ajith Kumar, S/O Aravindakshan Pillai VS District Collector, Office of The District Collector].
Interplay with CrPC - The section interacts with Sections 102 and 457 of the CrPC, establishing that property seized can be kept in interim custody and later disposed of following due process [SHAJI ANDREWS VS STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT].
Legislative Intent - The law aims to protect river ecology by curbing illegal sand mining, with confiscation serving as a deterrent against violations [Subramanian VS State Of Kerala].
Judicial Oversight - Courts have consistently emphasized that confiscation and seizure must adhere to procedural safeguards, with scope for judicial review if rights are violated [SHAJI ANDREWS VS STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT].
Reconsideration of Orders - District Collectors are directed to reconsider confiscation orders, keeping in mind principles of law and justice, especially when no adjudication has been undertaken [R. Y. Kumkuma Priya VS State of Kerala].
Legal Comments Summary:
"Seizure authority" - Section 23 empowers Police and Revenue Officials to seize vehicles involved in illegal sand transport, ensuring effective enforcement [Shihabudheen VS State of Kerala].
"Procedural safeguards" - Seizure and confiscation must follow Rules 27 & 28, including sealing and notice, to uphold due process [Venugopala Kurup, S/O. Parameswaran Pillai VS District Collector, Alappuzha].
"Authority vested in officers" - The Act grants powers to District Collectors, Magistrates, and officials to seize and confiscate vehicles, emphasizing administrative enforcement [Shihabudheen VS State of Kerala].
"Service on agents" - Notices served on drivers, deemed agents of owners, satisfy audi alteram partem requirements, facilitating procedural fairness [Venugopala Kurup, S/O. Parameswaran Pillai VS District Collector, Alappuzha].
"Scope of seizure" - Vehicles, including loading equipment and those involved in removing sand from broken-down vehicles, are subject to seizure under the Act [JAFAR VS STATE OF KERALA].
"Interim release" - Courts can order vehicle release on conditions like deposits, pending final confiscation orders, to prevent property deterioration [Ayoob VS Sub Inspector of Police].
"Confiscation proceedings" - Confiscation is a quasi-judicial process that must be initiated and adjudicated lawfully; detention alone does not suffice [Ajith Kumar, S/O Aravindakshan Pillai VS District Collector, Office of The District Collector].
"Jurisdiction of Magistrates" - Judicial Magistrates or Sub Divisional Magistrates are the competent authorities for confiscation and release orders [R. Y. Kumkuma Priya VS State of Kerala].
"Natural justice" - Proper notice, sealing, and opportunity to be heard are essential procedural safeguards to protect owner rights [SHAJI ANDREWS VS STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT].
"Legislative competence" - The Act and Section 23 are within the legislative powers of Kerala, under Entry 23 of List II, and do not encroach upon Central legislation [Subramanian VS State Of Kerala].
"Judicial review" - Courts have the power to review confiscation orders for legality and procedural correctness, safeguarding constitutional rights [SHAJI ANDREWS VS STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT].
"Reconsideration of orders" - Authorities like District Collectors should revisit confiscation decisions that lack proper adjudication or violate law [R. Y. Kumkuma Priya VS State of Kerala].
This concise legal commentary synthesizes the legal framework, judicial interpretations, procedural safeguards, and enforcement principles related to Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences under this Act shall be cognizable.
No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by a person authorised in this behalf by the Government or the District Collector or a Geologist of the Department of Mining and Geology.
Section 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, prescribes the procedure for taking cognizance of offences under the Act, emphasizing the necessity of a complaint by an authorized person. This provision aims to regulate enforcement actions, prevent vexatious prosecutions, and ensure that only competent authorities initiate criminal proceedings related to sand removal and river bank protection.
Section 25 states:"No Court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by a person authorized in this behalf by the Government or the District Collector or a Geologist of the Department of Mining and Geology."It further clarifies that such complaints must be made in writing by authorized officers and that a police report or final investigation report cannot substitute for a complaint to initiate prosecution.
Section 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, establishes a strict procedural framework requiring that only authorized officers file written complaints before courts can take cognizance of offences. This provision is crucial in maintaining the rule of law, preventing abuse of process, and ensuring that enforcement actions are legitimate and procedurally valid. Courts have consistently held that police investigation reports or final reports cannot substitute for such complaints, emphasizing the importance of compliance with statutory mandates to uphold individual rights and the integrity of environmental regulation enforcement.
Note: The references are based on the provided sources and reflect judicial interpretations and procedural clarifications related to Section 25 of the Act.
(1) The Government may, by notification in the Gazette, make rules to carry out all or any of the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be 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 two successive sessions, and if, before the expiry of the session in which it is so 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 under that rules.
The Government shall have power to call for reports and to examine the files relating to any decisions taken by a District Expert Committee, or a Kadavu Committee, or a local authority, under this Act or the rules made thereunder and to give directions to the Chairman of the District Expert Committee for taking further proceedings thereon.
The provisions of this Act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
The Government may, with a view to ensure protection of every river, provide for periodical measurement of the quantity of sand available for removal by such method and in such manner as may be prescribed.
(1) Any person aggrieved by any order or decision taken by the Kadavu Committee or the Local Authority under this Act or the Rules made thereunder may prefer an appeal to the Chairman of the District Expert Committee, within fifteen days from the date of the said decision or order.
(2) Any appeal received under sub-section (1) shall be disposed of within thirty days, and the decision on such appeal shall be final.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, do anything, not inconsistent with the provisions of this Act, which appears to them to be necessary or expedient for the purpose of removing the difficulty;
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, after it is made, in the session of the Legislative Assembly that immediately follows.
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