Manipur act 003 of 2006 : Manipur Loktak Lake (Protection) Act, 2006

MANIPUR GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 13(E) Imphal, Wednesday, Apr il 5,2006 (Chaitra 15,1928)

GOVERNMENT OF MANIPUR

SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEP

ARTMENT

NOTI FICATION

Imphal, the 5th April, 2006 No. 2/14/2006-Leg/L.— The following Act of the Legislat ure of Manipur which

received assent of the Governor of Manipur on 1/4/200 6 is hereby published in the

Official Gazette.

THE MANIPUR LOKTAK LAKE (PROTECTION) ACT,

2006

(Manipur Act 3 of 2006)

ACT

to provide for administration, control, protection, improvement, conservation and

development of the natural environment of the Loktak Lake and for matters

connected with as incidental thereto. BE it enacted by the Legislature of Manipur in the Fif ty seventh year of the

Republic of India as follows:-

CHAPTER — |

PRELIMINARY

1. Short title, extent and Commencement. — (1) This Act may be called the

Manipur Loktak Lake (Protection) Act, 2006

(2) It sha|| come into force on such date as the State Government may, by

notiﬁcation in the Ofﬁcial Gazette, appoint.

(3) It shaII extend to the whole of 236.21 Sq. km, comprising of large pockets of open water and marshy land formed at the sout hern part of the Imphal valley upto the confluence of Manipur river and Khuga in the dist ricts of Imphal West

and Bishnupur, Manipur located between 93 degree 46 minute & 93 degree 55 minute E-longitude and 24 degree 25 minute & 24 degree 42 minute N-latitude, The area is surrounded by the following Dag Nos.

Direction Dag Sheet No. & Name of District

No. No. Village

North 138 01 22/Naorem Utrapat Bishnupur

Northeast 3078 04 85/Wangoitop Imphal West

East 108 01 73/Hayel Imphal West

Southeast 1209 02 68/Laphupat |mpha| West

South 1028 O2 65/Wapokpi Bishnupur

Southwest 155 13 53/Moirang Bishnupur

West 2150 03 43/Thinungei Bishnupur

Provided that the Act shall not apply to the Keibul Lamjao National Park covering an area of 40 Sq. Km. and Takmu Fishery Farm covering an area of 5 Sq. Km.

2. Definitions: In this Act, unless the context otherwise requires:-

(a) "Athaphum" mean long strip of Phumdis in circular shape in ﬂoating condition, planted or cultured artificially for catching fish;

(b) "Authority" means Loktak Development Authority constituted by the State Government under this Act;

(d) "Lake" means the Loktak Lake;

(e) "Loktak Lake" means the Loktak Lake measuring an area of about 236.21 Sq. km;

(f) "Member" means a member of the Loktak Development Authority and includes the Chairman;

(9) "Occupiers" means a person who dwells in huts or houses on the phumdis or uses the phumdis;

(h) "Phumdis" means heterogeneous mixture of vegetation, organic debris and soil in ﬂoating condition;

(i) "Prescribed" means prescribed by rules made under this Act;

(j) "Sewage effluent" means effluent from any sewage system or sewage

disposal works and includes sludge from open drains;

(k) "State Government" means the State Government of Manipur.

3. Division of Loktak Lake— For the purpose of this Act, the Lake shall be divided into two zones, namely:-

(i) "Core Zone" which will be the No-Development Zone or Totally Protected Zone consisting 70.30 Sq. Km. surrounded by the following Sheet Nos:-

Direction Sheet No. No. & Name of Village District

North 01 76/Mayang Imphal Imphal West

Northeast 03 72/Hangul Imphal West

East 02 70/Phubakchao Imphal West

Southeast 02 70/Phubakchao Imphal West

South Keibul Lamjao National Park & Takmu Bishnupur

Southwest 02 47/Sunusiphai Bishnupur

West 03 44/Ningthoukhong Bishnupur

Northwest 04 40/Khoijuman Khunou Bishnupur

(ii) "Buffer Zone" means the remaining area of the lake excluding Core Zone area.

4. Prohibition of alienation of Loktak Lake.- No part of Loktak Lake whatsoever standing within the Loktak Lake together with all additions thereto or alterations thereof which may be made after the commencement of this Act, shall be sold out or leased out or let out on hire or exchanged or mortgaged or otherwise transferred or conveyed or allotted or converted in any form whatsoever to any person or organization or society or agency or trust.

CHAPTER — ||

REGULATIONS OF ACCESS TO LAKE RESOURCES

5. Previous approval of the Authority. — (1) No person shall without the previous approval of the Authority obtain any lake resources or know ledge

associated thereto for research or for commercial utilisation or for bio-survey and bio-

utilisation.

(2) No person shall, without the previous approval of the Authority, transfer the

results of any research relating to take resources. Explanation: — For the purpose of this section, "transfer"

does not include

publication of research papers or dissemination of knowledge of any seminar or

workshop it such publications are as per guidelines issued by the S tate Government

or Authority.

shall, by notification in the Official Gazette constitute a body to be called the Loktak Development Authority to exercise such powers and functions conferred upon it under this Act. The Authority shall be a body corporate by its name having a perpetual succession and common seal and shall by the said name sue and be sued CHAPTER —- |||

LOKTAK DEVELOPMENT AUTHORITY

6. Constitution of Loktak Development Authority:- The State Government through its Member-Secretary.

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7. Composition of the Loktak Development Authority:-

The Authority shall consist of the following members, namely— Secretary (Law), Government of Manipur.

Chief Minister, Manipur Chairman

Minister (Forest & Environment) Vice-Chairman Minister (Revenue) Member

Minister (Irrigation & Flood Control) Member Minister (Fisheries) Member

Minister (Tourism) Member

Minister (Power) Member

Member of Legislative Assembly, Nambol Assembly Constituency Member Member of Legislative Assembly, Oinam Assembly Constituency Member

. Member of Legislative Assembly, Bishnupur Assembly Constituency Member

. Member of Legislative Assembly, Molrang Assembly Constituency Member

. Member of Legislative Assembly, Thanga Assembly Constituency Member

. Member of Legislative Assembly, Kumbi Assembly Constituency Member

. Member of Legislative Assembly Wangoi Assembly Constituency Member

. Member of Legislative Assembly Mayang Imphal Assembly Constituency Member

. Chief Secretary, Government of Manipur Member

. Addl. Chief Secretary / Principal Secretary / Commissioner / Secretary (Forest & Environment). Government of Manipur Member Commissioner/Secretary (Finance), Government of Manipur Member Commissioner/Secretary (Planning), Government of Manipur Member Commissioner/Secretary (Revenue), Government of Manipur Member Commissioner/Secretary (Irrigation & Flood Control), Government of Manipur Member

Commissioner/Secretary (Power). Government of Manipur Member Commissioner/Secretary (Fisheries), Government of Manipur Member

Member

25. Vice-Chancellor, Central Agriculture Universit y, Manipur

or his representative

Member

26. Deputy Commissioner, Bishnupur, Govern ment of Manipur Member

27. Deputy Commissioner, Imphal West, Gove rnment of Manipur Member

28. Chief Engineer (Irrigation & Flood Control Dep artment)

Government of Manipur

Member

29. Chief Engineer (Power), Government of Manip ur Member

30. Principal Chief Conservator of Forest, Gov ernment of Manipur Member

31. Director (Tourism), Government of Manip ur Membe

32. Director (Fisheries), Government of Manip ur Member

33. Director (Settlement), Government of Ma nipur Membe

34. Chief Engineer, National Hydro-electric Powe r

Corporation Limited, Loktak

Member

35. Senior Scientific Officer (Ecology & Environ ment),

Government of Manipur

Member

36. Project Director, Loktak Development Aut hority Member Secreta

37. 3 (three) non Official members to be nomin ated by the Government

8. Terms and Conditions of Services of Non-official Members:- The terms of office and conditions of service of the non-o fﬁcial member of the Authority shall be such as may be prescribed by the State Govern ment.

9. Resignation:— (i) A non ofﬁcial Member m ay at any time, by writing under his hand addressed to the Chairman of the Author ity, resign his office.

(ii) The Authority shall, as soon as, it is rec eived, inform such resignation to the State Government.

10. Removal of Members:- The State Gover nment may remove from the Authority any member who, in its opinion, has —

(a) been adjudged as an insolvent, or

(b) been convicted of an offence which invo lves moral turpitude; or

(c ) become physically or mentally incapable of acting as a member, or

(d) so abused his position as to render hi s continuance in office detrimental to the public interest; or

(e) acquired such financial or other int erest as is likely to affect prejudicially his functions as a member.

11. Meetings of the Authority:-

(i) The Authority shall meet at such ti me and place and observe such Rules o f

procedures in regard to the transaction of business at its meeting (including the quorum at its meeting) as may be presc ribed.

(ii) The Chairman of the Authority shall preside over the meetings of t he

Authority.

(iii) If for any reason, the Chairman is unable to attend any meeting of the Authority, the Vice-Chairman shall preside over the meeting.

(iv) If at a meeting, neither the Chairman nor the Vice-Chairman is present, any member of the Authority chosen by the members present at the meeting shall preside over meeting.

(v) All questions which come before any meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairman or, in his absence, the person presiding, shall have an exercise a second or casting vote.

(VI) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting.

(vii) No act or proceeding of the Authority shall be invalidated only by reason of :

(a) Any vacancy in, or any defect in the constitution of the Authority,

(b) Anyitrefect on the appointment of a person acting as a Member

(0) Any?rrregularity in any procedure of the Authority not effecting the merits of the case.

12. Filling up of Vacancies:— Vacancies of non-official members of the Authority shall be filled up by the State Government for the remaining period of the term.

13. Travelling Expenses etc:- The non ofﬁcial members of the Authority shall be entitled to receive from the Loktak Lake Development Fund such travelling and sitting allowances as may be prescribed.

14. Officers and Employee of the Authority:- (1) The State Government shall appoint a person to be the Project Director of the Authority, possessing such experience and qualiﬁcations as may be prescribed to exercise such powers and perform such duties under the Authority:

(2) The Authority may, with the prior approval of the State Government, appoint such number of other officers and other employee, on such terms and conditions including the salaries and allowances payable thereof, as may be prescribed as it considers necessary for the efﬁcient discharge of its functions under this Act.

15. Authentication of orders and decisions of Authorit y:— All order and

decisions of the Authority shall be authenticated by the signatu re of the Chairman or

any other member authorized by the Chairman in this behalf a nd all other instrument

executed by the Authority shall be authenticated by the Member— Secretary.

16. Expenses of the Authority:- All expenses of the A uthority including the

salaries and allowances payable to the officers and other em ployee shall be defrayed

from the Loktak Lake Development Fund created under sectio n 25 of this Act.

CHAPTER — IV

FUNCTIONS AND POWERS OF THE AUTHORITY

17. Power and functions of the Authority:- Subject to such rules as may be

made under this Act, the powers and duties of the Authority sha ll be —

(a) to administer the affairs of the Loktak Lake an d to protect and improve the

natural environment of lake;

(b) regulate by granting of approvals or otherwise requests for commercial

utilization or bio—survey and bio—utilisation of any lake resour ces; and

administration for protection and improvement of the lake.

18. Delegation of powers by the Project Director :- Th e Project Director, may,

with the prior approval of the Authority, by general or spe cial order assign duties or

functions under this Act or Rules, made the under to any off icer of the Authority.

19. Prohibition of the following activities within the Buffer Zone :- The

following activities are prohibited within the Buffer Zone, na mely-

(i) Setting up of new industries and expansion of exi sting industries.

(ii) Setting up and expansion of fish processing units

(iii) Setting up and expansion of units, mechanisms for disposal of wastes and

efﬂuents.

(iv) Discharge of untreated wastes and efflue nts from industries, cities or

towns and other human settlements.

(v) Dumping of city or town waste for the purp ose to land filling.

(vi) Land reclamation, bunding or disturbing the natural course of drainages, lake water with similar obstructions except tho se required for control and

erosion and maintenance or cleaning of waterway s.

(vii) (viii) Construction activities in ecologically sensitive areas as specified in the notification, and

Dressing or altering of hills, natural features including landscape drainage for beautification, recreational and other such purposes.

20. Prohibition of certain activities in Core Zone :— No person or occupier shall (i)

(ii)

(iii)

(W)

(V)

(Vi) discharge or emit any sewage or domestic waste into the lake; plant or cultivate athaphum;

deposit or ﬁx any stones, bamboo, log, net etc., into the lake for the purpose of rearing ﬁsh;

build any hut or house on phumdis inside the lake. engage in athapum-ﬁshing in the lake;

use any ﬁshing feeds and pesticides into the lake; except with the prior permission of the authority constituted under this Act.

21. Power of entry and inspection :- Subject to the provisions of this Act any persons empowered by the State Government or the Authority in this behalf shall have right to enter, at all reasonable times with such assistance as he considers necessary, any place;

(a)

(b)

(C)

(d) For the purpose of performing any of the functions of the State Government/ Authority entrusted to him;

For the purpose of determining whether and if so in what manner any such functions are to be performed or whether any provision of this Act or the rules made thereunder or any notice, order direction or authorizati on

served, made, given or granted under this Act is being of has been complied with;

For the purpose of examining and testing any equipment, industrial, pl ant,

record, register, document or any other material object or for conduc ting a

search of any building in which he has reason to believe that an o ffence

under this Act or the rules made thereunder has been or is ab out to be

committed and for seizing any such equipment, industrial pl ant, record,

punishable under this Act or the rules made thereunder o r that such

seizure is necessary to prevent or mitigate environmental poll ution of the

Lake;

Every person carrying on any industry, operation or proce ss or handling

any hazardous substance shall be bound to render all a ssistance to the

person empowered by the State Government / Authority under this section

for carrying out the functions under that section.

CHAPTER — V

STEERING COMMITTEE AND ITS FUNCTIONS

22. Constitutions of Steering Commi ttee:- The Authority may constitute a

Committee called Steering Committee consis ting of the following members-

1. Chief Secretary; Government of Manipu r Chairman

2. Addl. Chief Secretary/Principal Secretary/ Commissioner/Secretary (Forest & Environm ent),

Government of Manipur

Member

Principal Secretary (Finance): Government of Manipur Member

Commissioner / Secretary (Planning), Gove rnment of Manipur Member

Commissioner / Secretary (Irrigation & Flo od Control), Member

Government of Manipur

6. Representative of the Secretary, Minis try of Environment & Member

Forest, Government of India, New Delhi.

7. Not more than 3 (Three) Officials or con sultants to be nominated Member to the committee by a regulation of the Steeri ng Committee

8. Project Director, Loktak Development Authority Convenor

23. Function of the Steering Committee :- Subject to such rules as may Be mad e

under this Act, the function of the Steering C ommittee shall be to —

(a) co-ordinate the activities of the co ncerned department at the Governme nt

level

(b) formulate policy matters particula rly financial matters for smooth functioning of the Authority and manageme nt of the lake

(d) facilitate timely release of fund, etc. CHAPTER — VI

FINANCE ACCOUNTS AND AUDIT OF TH

E AUTHORITY

24. Grant from the state Governmen t:- The State Government may, afte r due

appropriation made by the State Leg islature by law in this behalf , pay to the

Authority by way of grants such sums of money as the State Government m ay think

ﬁt for being utilized for the purposes of Act.

25. Loktak Lake Development Fun d :- (1) The Authority shall establish a fund to

be called "Loktak Lake Development Fund" there shall be credited thereto —

(a) all sum money gives as grants by the State Government under section 24;

(b) Any grants or donations that may be made to the Authority by any other person/institution including external funding agencies / Central Government for the purposes of this Act.

(2) The Loktak Lake Development fund shall be applied for meeting any other expenses, which are required to be met by the Authority.

26. Preparation of annual report :- The Authority shall prepare, in such form and at such time in each Financial Year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government.

27. Maintenance of accounts and audit :- The accounts of the Authority shall be maintained and audited in such manner as may, in consultation with the Accountant General of the State, be prescribed and the Authority shall furnish to the State Government before such date as may be prescribed, its audited copy of accounts together with Auditor's report thereon.

28. Laying of annual report and auditors report on the Table of the House :-

The State Government shall cause the Annual report and Auditor's report to be laid as soon as may be after they are received, before the House of State Legislature. CHAPTER — Vll

MISCELLENOUS

29. Power of the State Government to take measures to protect and improve the natural environment of the lake :- Subject to provisions of this Act, the State Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the natural environment of the lake.

30. Power to give directions :- Notwithstanding anything contained in this Act, the State Government may, in the exercise of its powers and performances of its functions under this Act, issue such directions in writing to any person, ofﬁcer or any authority and such person, ofﬁcer or authority shall be bound to comply with such directions.

31. Right to fisheries :- The Authority may, with the approval of the State Government and by notification in the Official Gazette, declare any part of the Lake, to be a fishery, and no right in any ﬁshery so declared shall be deemed to have been acquired by any person or group of persons, either before or after the commencement of this Act, except as provided in the rules framed under this Act.

32. Officers to be deemed public servants :- All persons empowered to

exercise powers and duties under this Act sh all be deemed to be public servant within the meaning of Section 21 of the Indian P enal Code, 1866 (XLV of 1860).

33. Protection of Action taken in good fai th :- No suit, prosecution or other legal proceeding shall lie against the Stat e Government or any officer or other employee of the State Government or t he authority constituted under this Act o r any

member , ofﬁcer or other employee of the aut hority for anything which is in good faith done or intended to be done under this Act.

34. Development under plan Scheme e tc :- The Authority shall, subject to previous sanction of the State Governmen t, be competent to undertake and exec ute

plans, Scheme protection and improvement relating to or in connection with the matter to be financed wholly or partly by the State Government or any other funding Agency.

35.Genera| superintendence and direction of this State Government :-

(1) Notwithstanding any other provisions of this Act, the State Government shall have superintendence, and direction and c ontrol over the Authority in relation to the affairs and maintenance of the Lake.

(2) The Forest and Environment Department of the Government of Manipur shall be Nodal Department.

36. Non-application of the Act :- The provi sions of this Act shall not apply to the Department of Power, State Governme nt of Manipur dealing with electricity generation in pursuance of any Memoran dum of Agreement or similar agreement entered into between the Department o f Power and the National Hydro-electric Power Corporation Limited or any similar estab lishment.

37. Powers of State Government to ma ke rules :- (1) The State Government may, by notiﬁcation in the Ofﬁcial Gazette, make rule for carrying out the purposes o f

this Act.

'(2) In particular and without prejudice to the generality of the foregoing power

such rules may provide for —

(a) all matters expressly required or allo wed by this rules;

(b) any other matter which is required t o be or may be prescribed.

(3) Every rule made under this Act b y the State Government shall be laid as

soon as may be after it is made, bef ore the House of Manipur Legislative Assembly,

while it is in session, for a total perio d of thirty days which may be compri sed in one

session or in two or more suc cessive sessions, and it, befor e the expiry of the

session immediately following the session or the successive sessions aforesaid, the

House agrees in making any mo dification in the rule, or the Hou se agrees that the

rule should not be made, the rule or bye-law shall thereafter only in such modified form or be of no effect, as the case may be, so however that any such modiﬁcation or annual meet shall be without prejudice to the validity anything previously done under that rule.

38. Power to remove difficulties :- (1) If any difﬁculty arises in giving effect to the provisions of this Act, the State Government may by order published in the Ofﬁcial Gazette, make such provision not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty. Provided that no such orders shall be made after the expiry of a period of two years from the commencement of this Act.

(2) Every order under this section shall, as soon as may be after it is made, be laid before the Manipur Legislative Assembly.

39. Savings, etc :- The existing Loktak Development Authority registered under the Manipur Societies Registration Act, 1989 (Manipur Act No. 1 of 1990) shall cased to exist immediately after the commencement of this Act. However, anything done or any action taken by the Society shall be deemed to have been done or taken under this Act and the Project Director, Loktak Development Authority constituted under the society including the ofﬁcers and employees shall, in so far as its functions are not inconsistent with the provision of this Act, continue to function as if it was constituted under this Act.

(a) all actions done and decisions taken by the existing Loktak Development Authority insofar as such actions and decisions are relatable to the functions of the Loktak Development Authority constituted under this Act shall be deemed to have been taken by the Loktak Development Authority constituted under this Act.

(b) all proceedings pending before the existing Loktak Development Authority insofar as such proceeding relate to the functions of the Loktak Development Authority, shall be deemed to have been transferred to the newly constituted Loktak Development Authority and shall be dealt with in accordance the provisions of this Act.

(c) all assets and liabilities of the existing Loktak Development Authority be transferred to the newly constituted Loktak Development Authority. TH. KAMlNl KUMAR SINGH

Deputy Secretary (Law)

Government of Manipur.