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Section 15

The Arunachal Pradesh Land and Ecological Sites (Protection and Management) Act, 2018State Act of Arunachal Pradesh · Act 13 of 2018

(1) Where it appears to the District Advisory Committee of any district that the continuation of any area as Designated Area is no longer necessary, the District Advisory Committee may recommend to the Government to terminate the said Designated Area.

(2) Before making any such recommendation pursuant to sub-section

(1), the District Advisory Committee shall give in respect of the proposed recommendation in not less than two widely circulated daily news papers giving at least thirty days time inviting claims, objections or suggestions from the public and where the land is privately owned, the notice shall be served to the land owner.

(3) The Committee shall, consider the claims, objections and suggestions received within the 3 (three) months and convey its decision to the Government.

(4) On receipt of the recommendation under sub-section (1), the Government may, by notification in the Official Gazette terminate such Designated Area and remove the area from the list of notification issued under section 4.

16. Subject to the provisions of this Act and the rules made thereunder, the Advisory Committee or any officer exercising powers under this Act shall have the powers of a Civil Court under the Code of Civil Procedure (1908), for the purpose of-

(a) summoning and enforcing attendance of any person and examining him or her on oath as a witness ;

(b) enquiring the discovery and production of any document for record;

(c) receiving evidence on affidavit ;

(d) requisitioning any public records or copy thereon from any court or office ;

(e) issuing commission for the examination or witness of document ;

(f) enforcing or executing orders including an order for restoration of possession as if such orders were decrees of a civil court;

(g) remanding any case or proceeding to the officer from whose decree the appeal is preferred, and such officers shall record the substance of the evidence, if any, taken by him.

17. Whoever fails to comply with or contravenes any of the provisions of this Act or the rules made thereunder or order or directions issued in this behalf shall, in respect of each such failure or contravention, be punished with imprisonment for a term not exceeding six months or with fine which may extend to ` 50,000.00 (Rupees fifty thousand) or with both.

Provided that for every subsequent breache(s),if the contravention is committed by the same person, shall be punished with imprisonment for a minimum period of one year which may extend to three years, with or without fine.

Termination of Designated Area.

Powers of the District Advisory Committee requiring attendance etc.

Penalty.

7 The Arunachal Pradesh Extraordinary Gazette, May 15, 2018

18. No court inferior to that of a Judicial Magistrate of the First class shall try any offence under this Act.

19. Offences under this Act shall be tried summarily under the provisions of the Code of Criminal Procedure, 1973;

20. No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of anything done, any action taken or order or direction issued by the Government or any other authority or officer in pursuance of any power conferred by or in relation to or his functions under this Act.

Where this provision sits

ActThe Arunachal Pradesh Land and Ecological Sites (Protection and Management) Act, 2018
Section15
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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