(1) Where the State Government is satisfied that it is necessary to do so in the interest of public health, safety or property or reducing the inconvenience to the general public to prohibit or restrict the activities in the flood plain, the Government may, by notification in the Official Gazette, specify the area where such prohibition or restriction is to be enforced and the nature and extent of such prohibition or restriction :
20 -------------------------------- [The Uttarakhand Flood Plain Zoning Act, 2012]
Provided that no notification under this sub-section shall be issued after the expiry of 1[eighteen months] from the date of publication of notification under section 8.
(2) Upon the publication of a notification under sub-section (1), notwithstanding anything contained in any law, custom, agreement of instrument, for the time being in force, the prohibition or restriction specified in such notification shall prevail.
(3) No person shall undertake any activity within the prohibited area or restricted area except with the previous permission of Flood Zoning Authority:
Provided that where a person makes an application to the Flood Zoning Authority for permission under this sub-section to undertake any activity and the Flood Zoning Authority does not within a period of ninety days from the date of receipt of such application, communicate to the said person that permission applied for has been refused, it shall be presumed that he Flood Zoning Authority has granted such permission.
Penalty 13. If any person commences or carries on or attempts to carry on any activity in the areas specified in the notification under sub-section (1) of section 12 contrary to the terms and conditions specified in such notifications, he shall be punishable-
(a) with fine which may extend to five hundred rupees and in default of payment of fine, with simple imprisonment for the term which may extend to two months; and
(b) with further fine which may extend to one hundred for each day during which the offence continues after the conviction under clause (a).
Power to Compound