(1) This Act may be called the Guwahati Waterbodies (Preservation and Conservation) Act, 2008.
(2) It extends to the jurisdiction of Guwahati Metropolitan Development Authority.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,-
(a) “Competent Authority” means the Guwahati Metropolitan Development Authority constituted under the Guwahati Metropolitan Development Authority Act, 1985 or any other Authority whenever State Government specially empowered in this behalf;
(b) “Government” means the State Government of Assam;
(c) “Jirat” means any structures raised by the owner and includes trees;
(d) “Owner” means a land holder and settlement holder other than land holder who holds land under the Assam Land and Revenue Regulation, 1886 and shall include a mortgagee, lessee or a tenant under the Assam (Temporarily Settled Areas) Tenancy Act, 1971;
(e) “Waterbodies” means the area or areas of land where the rain water accumulates and act as natural or storm water reservoir and shall include wetland.
3. Notwithstanding anything contained in any other laws enacted by the State Legislature which are for the time being in force in Assam, the areas of the land specified in the Schedules I, II, III and IV of this Act shall be the waterbodies.
4. Notwithstanding anything contained hi any other laws enacted by the State Legislature which are for the time being in force in Assam, the area of land specified in the Schedules I, II, III and IV of this Act shall be used as waterbodies and no person after coming into force of this Act shall-
(i) undertake any activities including the filling up of waterbodies which may cause damage or reduce the size of the waterbodies;
(ii) construct or erect any structure in the waterbodies;
(iii) dump or throw solid waste or garbage in the waterbodies;
(iv) extend or reinforce of any building standing upon the waterbodies;
(v) carry out any kind of busmen except fish curing, aqua culture, conservation measure and flood control measures, that too with the specific previous permission of the Competent Authority.
5. Any person aggrieved by the order of the Competent Authority under clause (v) of section 4 may prefer an appeal before the State Government within thirty days from the date of such order, whose decision thereon shall be final.