In exercise of the powers conferred by sub-section (1) of Section 45 of the Andhra Pradesh Water, Land and Trees Act, 2002 (A.P. Act No.10 of 2002), and in supersession of the rules issued in G.O. Ms. No.224, PR&RD dated 15th June, 2002 the Governor of Andhra Pradesh hereby makes the following rules to promote water conservation and tree cover and to regulate the exploitation and use of ground and surface water for protection and conservation of water sources, land and matters connected therewith or incidental thereto in the State of Andhra Pradesh.

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R.1 Short title, extent and commencement

Short title, extent and commencement :—(1) These rules may be called the Andhra Pradesh Water, Land and Trees Rules, 2004.

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

(3) They shall come into force from the date of publication in Andhra Pradesh Gazette.

R.2 Definitions

Definitions :—In these rules, unless 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 Section 3 of the Act;

(3) “Member Secretary” means the Member Secretary of the Andhra Pradesh State Water, Land and Trees Authority;

(4) The words and Expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.

R.3 Appointment of Administrator and the staff in State, District, Divisional and Mandal Authorities

Appointment of Administrator and the staff in State, District, Divisional and Mandal Authorities :—(1) (i)The Government may designate officers as 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 may 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 D

R.4 Term of Office of the nominated members of the Authorities

Term of Office of the nominated members of the Authorities :—The term of office of the nominated members of the Authority except those nominated under clause (k) of sub-section (2) of Section 3 shall be three (3) years from the date of their appointment.

R.5 Resignation

Resignation :—(1) A nominated member of 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.

R.6 Removal from the Authority

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.

R.7 Allowances

Allowances :—(1) The non-official members of the Authority shall be entitled to the travelling and daily allowances as admissible to Grade-1 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.

R.8 District Authority

District Authority :—(1) The Government, may, by notification, in consultation with the State Authority constitute the District Authority as follows:

(a) The District Collector	—Ex-officio Chairman
(b) One Member of Parliament and two Members of the       Legislative Assembly as nominated by the Government.       Out of two Members of Legislative Assembly, one shall       be preferably from main opposition political party.	—Ex-officio Members
(c) Three Mandal Parisahd Pr

R.9 Divisional Authority

Divisional Authority :—(1) The Government, may, by notification constitute the Divisional Authority as follows:

(a) The RDO/Sub-Collector	—Ex-officio Chairman
(b) Three Mandal Parishad Presidents and two Zilla Parishad       Territorial Constituency Members to be nominated by the       Ex-officio Chairman of the District Authority	—Ex-officio Member
(c) Deputy Director of Agriculture (having jurisdiction)	—Ex-officio Member
(d) Executive Engineer, Irri

R.10 Mandal Authority

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

(a) Mandal Revenue Officer of the concerned Mandal.	—Ex-officio Chairman
(b) Mandal Development Officer	—Exofficio Vice-Chairman
(c) Sarpanch of the Mandal Headquarter Gram Panchayat	—Ex-officio Member
(d) Two Mandal Parishad Territorial Constituency Members       of the concerned Mandal to be nominated by the Ex-       officio Chairman of the Mandal

R.11 Meetings of the State, District, Divisional and Mandal Authorities

Meetings of the State, District, Divisional and Mandal Authorities :—(1) The time, date and place of the meeting of the State, District, Divisional 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 Section 7 and under sub-section (6) of Section 3 of the Act and also other functions as directed by the Government and will report to the State Authority through Administrator. The District Authority may utilize the services of the Designated Officers and Technical Officers in discharging of its functions.

(3) Seven clear days notice of an ordinary

R.12 Registration of wells

Registration of wells :—Every owner of the well shall register the well as per sub-section (2) of Section 8 of the Act by an application giving details as in Form-1 appended to these rules . The Town Planning Department of Municipal Corporation, Municipalities, Hyderabad Water Supply and Sewerage Board, Village Secretaries of the Gram Panchayats shall facilitate registration of all existing wells in their jurisdiction. The details should be entered in a register as prescribed in Form 1 appended to these rules.

R.13 Permission for new wells

Permission for new wells :—(1) (i) Any person or institution desiring to dig a new well of any kind in their premises should obtain permission by submitting to the Authority having jurisdiction over the area, an application in Forms 2 and 5 as the case may be appended to these rules together with a fee as fixed by the Authority from time to time. Application duly filled in can also be given to concerned Village Secretary who shall pass it on to Mandal Authority within two days. 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 s

R.14 Conditions for grant of permission

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 o

R.15 Taking over of well to ensure drinking water

Taking over of well to ensure drinking water :—(1) The Authority may by a general or special order shall authorize the Designated 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 welt shall not draw water for any other purpose other than drinking for his own use.

(4) If the well so requisition

R.16 Construction of Rain Water Harvesting Structures

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.

R.17 Registration of Rigs

Registration of Rigs :—Every rig owner or an operator operating or desiring to operate in the State of Andhra Pradesh shall register the rig with the Authority by paying the prescribed fee which shall be renewable for every two years. The application shall be made in Form 15 and the permission shall be given by the Authority in Form 16. The rig owners are required to display the Form 16 at all times upon the rig. Failure to register the rig shall be an offence and shall be dealt in accordance with rules.

R.18 Prohibition of water contamination

Prohibition of water contamination :—The Authority shall restrict, regulate and prohibit storage and disposal of effluents by any person or industry, local body or aquaculture 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-mottu or based on representations received from public and after providing an opportunity to be heard to the affected parties and recording reasons in writing.

R.19 Land use and water quality

Land use and water quality :—The Authority may impose restrictions and prohibit any industry and carrying out of any process and operations in any area 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.

R.20 Water Cess

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 Prevention and Control of Pollution Cess Act, 1977 and the amount of cess shall be as fixed by the Authority from time to time.

R.21 Modification and land use

Modification and 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 land 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 based thermal power plants are in operation, all constructions within a radius of 10 Kilometers shall be taken up with bricks made only with fly ash.

R.22 Ceiling on water use

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 up to the maximum permissible under the Act, in each case of proven violation of the consent condition.

R.23 Sand mining

Sand mining :—In areas where sand mining is affecting ground water 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 notified over exploited ground water 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 notified areas except for local use in the villages or towns bordering the streams.

Transportation of sand from these notified areas through mechanical means out of the local jurisdiction shall be banned.

(b) In IVth order stream, sand mining shall be restricted to specified

R.24 Tree planting

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 household 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) Com

R.25 Dealing with the cases of offence

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 7 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 owner of the property in Form 8 appended to these rules.

R.26 Penalties

Penalties :—(1) Whoever contravenes any of the provisions of this Act shall be punishable with fine which shall not be less than Rs.1,000 /- but which may extend to Rs.5,000/-.

(2) For felling of trees without prior permission, shall be punishable with a fine which shall not be less than two times the value of such tree, but which may extend up to 5 times of the value of such tree.

R.27 Compounding of offence

Compounding of offence :—(1) The Authority or the Designated Officer or any officer authorized by the Government in this regard, as the case may be may accept from any person who committed or who is reasonably suspected of having committed an offence punishable under this Act other than the offence punishable under sub-section (2) of Section 35 of this Act.

I. A sum of money not less than Rs.1 lakh by way of compounding of the offence shall be levied in respect of contravention of Sections 10, 14 and Section

II. The order should be communicated in Form 10 appended to this rule and furnish a copy of the compounding order to the offender and submit another copy to the District Authority.

R.28 Confiscation of property

Confiscation of property :—Where the authorised officer, based on the gravity of the offence, do not agree for compounding of offence the authorised officer may order for confiscation of seizures produced before him under Section 38 of the Act duly following the procedure laid down therein.

R.29 Appeals

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.

R.30 Review

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 within a period of thirty (30) days after giving a reasonable opportunity of being heard to the aggrieved party.

R.31 Andhra Pradesh Water, Land and Trees Authority Fund

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 cash or demand draft in a Government account to be operated jointly by Member Secretary and the Chairman of the Authority.

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

(3) Accounts and Audit:—

(a) The District and State Authority shall maintain monthly accounts o

R.32 Annual Report

Annual Report :—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.