EAST KOLKATA WETLANDS (CONSERVATION AND MANAGEMENT) ACT, 2006
(1) This Act may be called the East Kolkata Wetlands (Conservation and Management)Act. 2006.
(2) It shall be deemed to have come Into force on the 16th day of November, 2005.
In this Act, unless the context otherwise requires,
(a) "Authority" means the East Kolkata Wetlands Management Authority constituted under section 3;
(b) "Chairperson" means the Chairperson of the Authority;
(c) "East Kolkata wetlands" means such of the areas included in the list of Ramsar Sites as are specified in Schedule I and shown in the map in Schedule II.
Explanation I.-Far the purposes of this Act, "Ramsar Sites" means the wetlands of international importance under Ramsar Convention. Explanation II.-Far the purposes of this Act, "Ramsar Convention" means the Ramsar Convention an Wetlands, Ramsar, Iran;
(d) "land" includes any wetland;
(e) "Land and Land
(1) The State Government shall, with effect from such date as it may, by notification, appoint, constitute an Authority to be called the East Kolkata Wetlands Management Authority.
(2) The Authority shall consist of the following Members :-
(i) Chief Secretary to the Government of West Bengal; Chairperson;
(ii) Secretary; Department of Environment, Government
of West Bengal, Member Secretary;
(iii) Secretary, Department of Urban Development,
Government of West Bengal, Member
(iv) Secretary, Department of Irrigation and Waterways,
Government of West Bengal,
(1) The functions and powers of the East Kolkata Wetlands Management Authority shall be-
(a) to demarcate the boundaries of the East Kolkata wetlands on the field as shown in the map in Schedule II;
(b) to take measures or make an order to stop, undo and prevent any unauthorised development project in, or unauthorised use of, or unauthorised act on, the East Kolkata wetlands;
(c) to make an order directing demolition or alteration of any hoarding, frame, post, kiosk, structure, neon-signed or sky-sign, erected or exhibited illegally for the purpose of advertisement on any land within the East Kolkata wetlands; .
(d). to make an order to prevent, prohibit or restrict any mining, quarrying, blasting; or other operation of like nature, for the purpose
Legal Comments
Purpose and status - Section 4 of the East Kolkata Wetlands (Conservation and Management) Act, 2006 establishes and empowers the East Kolkata Wetlands Management Authority (EKWMA) to oversee conservation, management, and related regulatory actions in EKW. This reflects statutory backing for the prior Calcutta High Court protections and Ramsar obligations [["People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100"], ].
Section 4 scope – Authority powers - Section 4 authorizes the EKWMA to demarcate boundaries, stop unauthorized development, demolish illegal structures, regulate mining/quarrying, abate pollution, prepare action plans aligned with Ramsar resolutions, update land use maps, monitor activities, promote research, raise awareness, enforce land-use controls, detect ecological changes, network with Ramsar sites, conduct inquiries, constitute expert committees, and enter land/premises for resource sampling. This breadth supports comprehensive wetland governance [["People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100"]].
Change of character of land - Sanction mechanism - The Act contemplates obtaining an order from the Collector and then the Authority may grant permission or sanction for change of character or mode of use of land within EKW, subject to statutory procedure. This aligns with the court’s view that statutory provisions must guide such changes and protect pending civil proceedings rights [("People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100"), "Madhusudan Mondal VS State Of West Bengal - 2019 0 Supreme(Cal) 270"].
Relationship with existing judicial orders - Compliance with statutory provisions - Courts have upheld directions to restore or manage wetlands under the Act even amid private disputes, recognizing that writ Courts may direct action in accordance with statutory provisions while safeguarding rights in pending litigation. This reinforces deference to statutory scheme over private disputes in these contexts [ ["Madhusudan Mondal VS State Of West Bengal - 2019 0 Supreme(Cal) 270"], ["People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100"] ].
Ramsar and national framework - Wetlands Rules alignment - The Act operates in harmony with Ramsar obligations and Wetlands (Conservation and Management) Rules, 2010 (and 2017 updates), defining wetland, protected wetlands, and prohibitions on activities such as non-wetland conversions, solid waste dumping, untreated effluent discharge, and near-boundary construction. Rule 4 lays down restrictions; Rule 5 contemplates State Wetland Authorities; Rule 6 outlines identification processes. The Act thus sits within a broader regulatory framework for wetlands management [["K. P. Sharma VS State of Rajasthan - 2012 0 Supreme(Raj) 672"], ["Abhivyakti, An Ngo VS State Of Maharashtra - 2019 0 Supreme(Bom) 2168"], ["Vasuki Mohana Sundaram VS Coastal Aqua Cultural Authority - 2015 0 Supreme(Mad) 2593"]].
Management unit and integrated plan - Ashtamudi/Assembling a dedicated unit - Courts and high courts have stressed the need for a dedicated wetland management unit and an integrated management plan under Wetlands Rules, 2017, to ensure proper governance, monitoring, and stakeholder coordination. The Kerala/Ashtamudi line of authorities underscores this theme, applicable by analogy to EKW governance [""Boris Paul vs Union of India, Represented by the Secretary, New Delhi - 2025 0 Supreme(Ker) 2336"", "Boris Paul vs Union of India, Represented by the Secretary, New Delhi - 2025 0 Supreme(Ker) 2336"].
Local and state coordination - LLMC and local orders - Kerala data-bank cases emphasize Local Level Monitoring Committees’ role as consultative, not determinative, with independent verification via remote sensing and site inspections; similarly, EKWMA functions as a coordinating apex body requiring cross-department cooperation and expert input for effective wetland protection [["Valasala V. M. , W/o. C. Vinayaraghavan VS State Of Kerala - 2024 0 Supreme(Ker) 215"], ["Firoz V. S/o V. Mohammed VS Village Officer, Chelambra - 2022 0 Supreme(Ker) 574"]].
Public Interest and environmental safeguards - Public Trust and precautionary approach - Courts have invoked Public Trust Doctrine and precautionary principles in relation to wetland protection (e.g., Futala Lake line of decisions), supporting that development be bounded by conservation imperatives and that wetland protections trump unbridled exploitation when affecting ecological character. While Futala Lake involved classification nuances, the underlying ethos informs EKWMA’s duties to conserve ecological character [ ["Swacch Association, Nagpur VS State Of Maharashtra - 2025 0 Supreme(SC) 1783"], ["Abhivyakti, An Ngo VS State Of Maharashtra - 2019 0 Supreme(Bom) 2168"] ].
Monitoring and reporting duties - Ongoing oversight - The Act contemplates ongoing monitoring, including annual/periodic reporting, updating land-use maps, and coordinating with Ramsar/federal authorities. This aligns with the Court’s judiciary-directive approach to monthly/periodic reporting for project monitoring and compliance [ "People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100", "Boris Paul vs Union of India, Represented by the Secretary, New Delhi - 2025 0 Supreme(Ker) 2336" ].
Boundaries and boundary demarcation - Field mapping and GIS tools - The Authority’s power to demarcate boundaries on the ground (Schedule II maps, land-use maps) supports precise regulatory control and reduces conflicting claims, an issue repeatedly highlighted in related wetland litigations about boundary accuracy and land-use classification [ "People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100" ].
Enforcement spectrum - Demolition and prohibition - Section 4 contemplates measures including ordering demolition and prohibition of unauthorized activities, reflecting a robust enforcement posture to deter encroachments and pollution within the wetland zone, consistent with the Rules’ prohibitions on reclamation and hazardous discharges [ "People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100", "(showing Wetlands Rules 2017/2010 references"].
Interplay with other statutes - Cross-cutting jurisdiction - The East Kolkata Wetlands regime intersects with municipal, land-use, pollution control, and heritage laws. The Act’s framing supports integrated action in coordination with other statutory regimes, avoiding duplicative or conflicting orders while ensuring wetlands protection remains central to development planning [ "People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100", "Campaign against Manual Scavenging VS State of Maharashtra - 2015 0 Supreme(Bom) 368" ].
Judicial interpretation – Non-retroactivity caveat - Courts have noted that wetland protection schemes do not operate retroactively to invalidate pre-existing approvals unless specifically tied to the Act’s procedural mandates, indicating a nuanced balance between prior uses and subsequent regulatory safeguards under the Act [ "Madhusudan Mondal VS State Of West Bengal - 2019 0 Supreme(Cal) 270" ].
Rights protection during proceedings - Civil proceedings and pending disputes - The Supreme Court and High Courts have emphasized that rights of parties in pending civil proceedings are to be protected when complying with statutory provisions, limiting interference while ensuring wetlands restoration or preservation actions proceed under the Act [ "Madhusudan Mondal VS State Of West Bengal - 2019 0 Supreme(Cal) 270" ].
International framework integration - Ramsar guidance and integration into national law - The Act’s compliance with Ramsar principles, including wise use, nature reserves, and information sharing, is reinforced by the Rules and the Convention, ensuring alignment with international best practices in wetlands governance [ "K. P. Sharma VS State of Rajasthan - 2012 0 Supreme(Raj) 672", "PEOPLE UNITED FOR BETTER LIVING IN CALCUTTA VS STATE OF WEST BENGAL - 1992 0 Supreme(Cal) 383" ].
Data-bank and land classification - Data Bank exclusions and accuracy - Kerala case law demonstrates that the data bank should reflect paddy land and wetlands accurately and that conversion entries (e.g., “converted land”) should be carefully scrutinized, a cautionary note that informs the management approach for EKW to avoid misclassification and improper restrictions [ "Basil S/o George VS Local Level Monitoring Committee, Kizhakkambalam Grama Panchayat - 2023 0 Supreme(Ker) 893", "KPV Reality PVT Ltd Represented by Its Managing Director, K. P. Varghese VS State Of Kerala, Rep. by Its Secretary to Government, Revenue Department, Secretariat, Thiruvananthapuram- 695001 - 2022 0 Supreme(Ker) 601" ].
Observer role of courts in implementation - Courts’ proactive oversight - Several judgments direct setting up monitoring committees, monthly reporting, and independent review by scientists/experts to ensure wetland protection action plans progress, illustrating the judiciary’s collaborative enforcement posture with EKWMA’s governance framework [ "People United for Better Living in Calcutta VS East Kolkata Wetlands Management Authority - 2008 0 Supreme(Cal) 1100", "Boris Paul vs Union of India, Represented by the Secretary, New Delhi - 2025 0 Supreme(Ker) 2336" ].
Public interest governance - Transparency and stakeholder engagement - The Wetlands Rules demand that integrated management plans be public-facing and involve stakeholders through notification and consultation processes, reinforcing policy legitimacy and inclusive governance for EKW [ "T. S. Senthil Kumar VS The Government of Tamil Nadu, Rep. by its Secretary, Fort St. George, Chennai & Others - 2010 0 Supreme(Mad) 522", "Boris Paul vs Union of India, Represented by the Secretary, New Delhi - 2025 0 Supreme(Ker) 2336" ].
Penalties and remedies - Sanctions for non-compliance - While specific penalties under Section 4 are not exhaustively enumerated in the provided sources, the regulatory regime (Rules and Act) contemplates enforcement tools and penalties for violations of wetland protections, consistent with the broader environmental jurisprudence and RAMSAR commitments [ "Abhivyakti, An Ngo VS State Of Maharashtra - 2019 0 Supreme(Bom) 2168", "Campaign against Manual Scavenging VS State of Maharashtra - 2015 0 Supreme(Bom) 368" ].
Note: The above points are extracted from the provided sources and organized to reflect Section 4’s legal architecture, its essential ingredients, its scope, enforcement posture, and the broader regulatory and jurisprudential context. References are included in square brackets after each point.
(1) The term of office and allowances of a nominated Member of the Authority shall be such as may be prescribed.:
Provided that the State Government may, if it thinks fit, terminate, by order and for the reasons to be recorded in writing, the appointment of any nominated Member before the expiry of his term of off ice.
(2) A nominated Member of the Authority may resign his membership under his hand addressed to the State Government and, on acceptance of such resignation by the State Government, he shall cease to be a Member as such.
(3) Any vacancy, by resignation, death or otherwise, of a nominated Member shall be filled by fresh nomination by the State Government.
(1) The Authority shall meet at such place and time, and the meeting shall be conducted in such manner; as may be prescribed.
(2) All orders and decisions of the Authority shall be authenticated by the Chairperson or by such other Member or such officer of the Authority as may be authorised in this behalf by the Chairperson.
No act or proceeding of the Authority shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Authority.
(1) The Authority may appoint such officers and employees as it considers necessary for the efficient performance of its functions.
(2) The method of recruitment and the terms and conditions of service of the officers and employees shall be such as may be prescribed.
Explanation.-For the purposes of sub-section (1) and sub-section (2), the expression "officers and employees" does not include the Chairperson or the Member Secretary or any other Member of the Authority.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government, on request of the Authority, may, by order in writing, require, for performance of any function of the Authority, services of any officer or employee of the State Government by way of duties in addition to his normal duties.
Notwithstanding anything contained in any law for the time being in force, every person holding any land in the East Kolkata wetlands shall maintain and preserve such land in a manner that its area is not diminished, or its character is not changed, or it is not converted for any purpose other than the purpose for which it was settled or previously held, except with the previous sanction of the Authority under section 10.
(1) Any person holding a land in the East Kolkata wetlands may apply, in such manner as may be prescribed, to the Authority for change of character or mode of use of the land.
(2) The Authority shall, on receipt of the application, examine the merit of the case and, if necessary, inspect the proposed site.
(3) After examination of the case and Inspection, if any, of the proposed site under sub-section (2), the Authority shall refer the case to the Collector of the concerned District for taking necessary action for issuance of an order under section 4C of the West Bengal Land Reforms Act, 1955 (West Ben. Act X of 1956).
(4) On receipt of the order from the Collector of the concerned District, the Authority may pass, in such form and with such restrictions and conditions as may be prescribed, an
(1) If the Authority is, either suo motu or on receipt of any information, satisfied that the character or mode of use of a land is being changed or has been changed in contravention of any provision of this Act, it may, by order in writing, require the person responsible for the change to restore the land, at his own expense to the original character or mode of use within such period ,as may be specified in the order and, in case of default by such person, undertake the restoration by itself and recover the cost thereof as arrears of land-revenue:
Provided that before passing the order the Authority shall give the person a reasonable opportunity of being heard.
(2) The Authority may use appropriate technology any method in determining whether a-land comprises or has comprised a wetland or w
The Authority shall have its own fund and the sums which may be paid ,to the Authority by the State Government and all other receipts, by way of grants, gifts, donations, benefactions or otherwise, of the Authority shall be carried to the fund and all payments by the Authority shall be made therefrom.
(1) the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be. prescribed. "
1[(2)’Subject to the provisions of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of ’1971) and the rules and orders made thereunder, the Governor of West Bengal may entrust the audit of. the accounts of the Authority to the Comptroller and Auditor-General of India.]
1. Sub-section (2) subs. by s. 2(1) of the East Kolkata Wetlands (Conservation and Management) . (Amendment) Act, 2008’ (West Ben. Act XXVIII of 2008) (w.r.e.f. 16.11.2005),
2[(3) The Comptroller and Auditor-General of India or any other person appointed by him in this behalf shall have the Same rights, privileges and authori
The Authority shall prepare for each financial year, in such form and at such time each year as may be prescribed, its annual report giving a full account of its activities during such financial year and forward a copy thereof to the State Government.
Secretary.-(1) The Chairperson shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time be delegated to him by the Authority.
(2) The Member-Secretary shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time, be delegated to him by the Authority or the Chairperson.
The Authority shall be guided, in performance of its functions, by such directions as may be given; from time to time, to it by the State Government: Provided that no such direction shall be inconsistent with any provision of this Act.
(1) The State Government may, if it is of opinion that it is necessary or expedient in the public interest so to do, by notification, include any area in, or enlarge any area of, the East Kolkata wetlands and, thereupon, Schedule I and Schedule II shall be deemed to have been amended accordingly.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before the State Legislature.
(1) Whoever fails to comply with or contravenes any provision of this Act or the rules made; or orders issued, thereunder shall be guilty of an offence and shall, in respect of each such failure or contravention, be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lac rupees or with both and, in case such failure or contravention continues, with an additional fine which may extend upto five thousand rupees for every day during which such failure or contravention continues after the conviction for first such failure or contravention.
(2) Every such offence shall be cognizable and non-bailable.
(1) Where an offence under this Act has been committed by a company, every person, who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attrib
If any officer of the State Government or of a local body permits or neglects doing, or wilfully fails to do, any act whereby an offence under this Act is committed, he shall, notwithstanding anything contained in the service law applicable to him for the time being in force, be deemed to have committed under such service law misconduct in discharge of his official duties and be subjected to the disciplinary proceedings and penalties accordingly.
No suit, prosecution or other legal proceeding shall lie against the Authority or any Member, officer or employee thereof or the State Government or any officer or employee thereof for anything, or any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
The provisions of this Act shall have effect notwithstanding anything contained in any law for the time being in force or in any contract, express or implied, or in any instrument having effect by virtue of any law or in any custom or usage.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters ;-
(a) the term of office and allowances of a nominated Member of the Authority under sub-section (1) of section 5;
(b) the place and time and manner of conducting the meeting of the Authority under section 6;
(c) the method of recruitment and the terms and conditions of service of the officers and employees of the Authority under sub-section (2) of section 8;
(d) the manner of making application for change of character or mode of use of the land under sub-sectio
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may for the purpose of removing such difficulty, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it may deem to be necessary or expedient:
Provided that no such order shall be made after the expiry of a ·period of two years from the commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.
(1) The East Kolkata Wetlands (Conservation and Management) Ordinance, 2005 (West Ben. Ord. VII of 2005), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been validly done or taken under the corresponding provisions of this Act.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
