THE SILENT VALLEY PROTECTED AREA (PROTECTION
OF ECOLOGICAL BALANCE) ACT, 1979
Preamble
Sections
I. Short title.
2. Definitions. (Act 14 of 1979)
CONTENTS
3. Constitution and functions of Co'mmittee.
4. Establishment of monitoring stations.
5. Expenses of Committee, etc.
6. Restriction on construction of roads and colonies rn the protected area.
7. Restriction on felling of forests.
8. Restriction on grazing, cull-ivation, etc.
9. Restriction on quarrying etc.
10. Minimum maintenance staff to be allowed to stay in protected area.
11. Duty of certain persons tf) assist in fire protection measures.
12. Restriction on survey and other operations by project Authority
13. Identity cards.
14. Compensatory measures for loss of forest trees.
15. Appointment of officers and other employees,
16. Power to p1·event commission of offences.
17. Penalties. !8. Cognizance of offences.
19. Members of Committee, etc., to be public servants.
20. Protection of action taken in good faith.
21. Power to make rules.
22. Repeal and saving.
1
til
•THE SILENT VALLEY PROTECTED AREA (PROTECTION
OF ECOLOGICAL BALANCE) ACT, 1979
(Act 14 of 1979)
An Act to provide for certain measures and safeguards; for the protection of the eco!•:Jg·,cal balance .1n the protected area of the SHent Valley Hydro-Electric Project in the Manna:rghat taluk of the Palghat
district of the State of Kerala.
Preamble .-WHEREAS it is necessary to provide for certain measures and safeguards for the protection of the ecolo~ical balance in the protected area of-the Silent Valley Hydro-E\ectric Project in the Mannarghat taluk of the Palg~1at district of the State of Kerala and for matters incidental or ancilLary thereto;'
BE it enacted in the Thirtieth Year of 1he Republic of India as follows:-
2
62
area as-may be specified by the· Government -by notifi.cation-;in the Gazette, in consultation with the Committee and the Project Authority, as betng required for the _execution and ope1ation uf the project;
(i) "Project Aut~writy" means the KcraL1. State Electricity Board or such other authority as may be specified by the GOvernmertt in this behalf by notification in the Gazette; '
(j) "protected area" means ·the ~na comprised in the Silent Valley Reserved Fore~t notified undt:r the Kerala Forest Act, 1962 (4 of 1962);
(k) words and expressions used and not defined in this Act but defined in the Kera1a Forest Act, 1962 (4 of 1962), shall have the meanings respeCtively a~signed to them in that Act.
3. Constitution and functions of Committee.-(1) The Government shall, in consultation with the National Committee on Environmental Planning and Co.ordination, by notification in the Gaz~tte, constitute a co~mittce by the narne "the Silent Valley Environmental Monitoring Commi'i:tee" for the purpose of exercising the powers and performing the ftmctions of the Committee under this. Act.
(2) The functions of the Cornm;ttee shall be- ( a) to adv;5e on the monitoring of the environmental impacts of
the project and the ecological aspects of the protected area; and
(b) to en"nre the implemelltatlon of the environmental satCguards provided in this Act.
4. Establishment o:f monitoring stat:ions.-(1) The Govern- ment shall, on the recommendation of the Committee, establish one or more monitoring station or monitoring stations in the protected area for the purpose of on-the-spot monitoring operations. ('2) The monitoring operations shall be carried out by a monitoring teKn appointed by the Government on the recommendation of the Committee.
(3) The monitoring team shall consist of such number of prrsons possessing the prescribed qualifications as may be decided by the Government and shall include representatives of the National Committee on En"'·ironmental Planning and Co-ordina1ion.
(4) In carrying out its functions under this Act, the monitoring team shall fdlow such instructions and advice as may be issued to it by the Committee.
5. Expenses of Com.rn:i.ttee, etc.-The expense,.:; on account of the Committee, the monitoring team, the monitoring stations and the n:J.onitoring operations shall be met by the Gow·mment.
63
6. Restriction on constTUcti·:.n o:f roads and col·'lnies in the protected area.~(!) Roads shall not be constructed in the protected area except along or within t_he full capacity contour or in the project area.
(2) Su[>ject to the provisions of sub~section ( 1), the Project Authority shall he responsible for the construction of roads and the transportation of the staff, labourers and other persons engaged in the construction of the works in connection with the project, in the protected area.
( 3) Construction of colonies, staff quarters, offices, workshops and other works. for essential services, within the protected area, required for the ::.-xecution of the project, shall be subject to the follow- ing restrictions, namely:-
( a) site selected for the purpose shall be such that deforestation shall be the minimum; and
(b) only the minimum area necessary for the purpose, as may be decided by the Committee, shall be utilised. ( 4) No such colonies shall be established outside the full capacity contour or the project area except in consultation with the Committee.
7 Restriction on felling of forests.~ No forests shall be felled in the protected area except those within the full capacity c1ntour or the project area.
8. Restriction on grazing, cultivation, etc.-(1) No person engaged in the construction of the project 'lhall keep cattle or goats or let out any animal into the protected area for grazing.
(2) No person referred to in sub-section (I) shall, without the previous sanction of the Project Authority, bring any land in the protected area under cultivation or put up any structure, temp::>rary or permanent, in the protected area.
9. Restriction on quarrying etc.-( I) No person shall carry on quarrying in, or remove eartb or soil from, the protected area, except in or from the area within the full capacity contour or the project area.
(2) The Project Authority shall take all necessary soil con- servation measnres in the quarries and burrow pits and work and building sites inside the protected area.
10. Minimutn maintenance staff to be allowed to stay in protected area.-{1) After the completion of the construction of the project, only the minimum number of ~tafT required for the maintenance of the p.<·oject, as determined by the Project Authority, shall be a!lowed•to stay in the protected area.
64
(2) A person who is allowed to stay in the protected area under sub-section (I)-
(a) shall not keep cattle or g-oats and shall not let out any animal into the forest for grazing;
(b) shall not bring any land under cultivation.
11. Duty of certain pex-sons t~ assist .in fire protection measures.--Ail persons engawd in the construction of the project 'in the protec!cd a~ea and cJl persnns allowed to stay in the protected atea shall assist in measures to protect the fi>rest in the protected area from fire, wlu·n rc:qui1cd to do so by any forest ofiiccr.
12. Restriction on surv('y and other operati.ons by Project Authority.-The Project Authority shall not caHy out any survey or other similar operations vvhich are required to be canied out in the rrotectcd area outside the full capacity contour, without the prior concurrence of the monito: ing team.
13. Identity cards.--( 1) No person shall enter into the protected area without an identity card or pass issued by the Project Aulhorityor any forest officer or other officer autltorised in that behalf by the Committee.
(2) Issue of identity cards and passes under sub-section (I) sh•l! be subject to such conditions a1;J resttic1
ions as may be prescribed.
14. Compensatory measures for loss of forest trees.-The Project Authority shall provide and place at the di p·lsal of the Kerala Forest Department, funds for compensatory afforestation of an area equivalent to the area comprised h the forests felled for the purpose of the project, and such fnnds shall be provided bef()re the trees in that area arc allowed to Lc f<:l!ed.
15. Appointment of officers and other employees.-The Government may appoint such number of officers and other employees in such manner as may be prc>cribed to assist the Committee in the exercise of its powers and the per10rmance of its functions under this Act.
65
( 2) Forest officers and other officers authorised undersub-section
(I) shall Lave the powers of Police Officers for the purpose of investigation or prevention of offenc:s under this Act and the collection of evidence.
17. Penalt1cs.-If any person contravenes any provision of this Act, he :-hall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with h::.th.
13. Cognizance of offences.-No court shall take cognizance of any offl."'nce punishab~e under this Act except on a repo:·t in writing of the facts cono;tituting such offence made by a forest officer or any other officer authorised by the Government in this behalf.
19. Membe~.4s o;f Committee, etc., to~ public se:rvants.- The members of the Cornmittre, the offic,~rs aud servants of the Committee a:,d the members of the monitoring team shall be deemed to be public servant<; within the meaning of section 21 of the lnt.lian Penal Code (Central Act 45 of 1360).
20. Protection ofaetion tak:.:n in good faith.-No suit, pro- secution or oth.er legal procec:rlings "hall lie against any person for anything which is in go'Jd fa.ith done or intended to be done in pursuance of thjs Act or any rule m<1.de thereunder.
21. Power to :m.ake rules.--The Government may, in consulta- tion with the Co1nmittce and by notification in the Gazette, make rules for the purp03e of carrying into effect the provi,;ions of this Act.
(2) Every rule made under this Act :::hall be lai:J, as soo:t as may be 2.fter i( is n1ade before the L·-:.c;i:.lative A<>sembly whUe it is in se:,sion r~Jr a total period of fourteen day~ which may be cornpriscd in one sessioa or in t'YO ~uccessive se:.sions and if, befOre the expiry ot the session in which it is laid, or the ses"ion immediately following-, the Legislative .A:-;.<;t~mbly makes anv moclificJ.tio_'1 in the rub or decides that the rule should not 'be made, tbe rule shall lhercafter have effect onl}' in such rr..odifieJ form or be of no dl"ect, as the case may be, so howevn that any such L;:.odificzuion or annulment shall be wilhout prejudice to the validity of anything p:-eviously done under that rule.
22. Repeal and saving.- (I) The Silent Valley Protected Area (Protection oi"Ecological Balance) Ordinance, 1978 (31 of 1978), is hereby repealed. ,
(2) 1\'otwithstatlding such repeal anything dono or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on the 30th day of December, 1978.