GOVERNMENT OF WEST BENGAL
DEPARTMENT OF ENVIRONMENT
11th October 2006
In exercise of the power confelTed by clauses (a), (b), (d), (e), (f), (g) and (h) of sub-section (2) of section 23
of the East Kolkata Wetlands (Conservation and Management) Act, 2006 (West Ben. Act VII of 2006), the Governor
is pleased hereby to make the following rules, namely:-
1. Short title.- These rules may be called the East Kolkata Wetlands (Conservation and Management) Rules, 2006.
2. Definitions.- (1) In these rules, unless the context otherwise requires.-
- "Act" means the East Kolkata Wetlands (Conservation and Management) Act, 2006 (West Ben. Act VII of 2006);
- "Authority" means the East Kolkata Wetlands Management Authority constituted under section 3 of the
- "Chairperson" means the Chairperson of the Authority;
- "East Kolkata Wetlands" means the area defined under sub-section (c) of section 2 of the Act;
- "Form" means Form appended to these rules;
- "Member" means a Member of the Authority and includes the Chairperson;
- "Member-Secretary" means the Member-Secretary of the Authority;
- "nominated Member" means persons nominated to the Authority under clause (xvi) of sub-section (2) of section 3 of the Act;
- "section" means a section of the Act;
- "State Government" means the Government of West Bengal in the Department of Environment;
- "sub-rule" means a sub-rule of the rule in which the wont occurs.
(2) Words and expressions used and not defined in these rules but defined in the Act shal1 have the same meanings
respectively assigned to them in the Act.
3. Terms of office and allowances of nominated Member.-
- Every nominated Member shall hold office for a term of three years from the date he assumes office and shall be eligible for re-appointment.
- Every nominated Member shall, for attending a meeting of the Authority, be entitled to travelling allowance.
daily allowance and such other alIowances as may be decided by the Authority.
4. Filling up of casual vacancy.- If the office of any nominated Member becomes vacant, the vacancy shall
be fil1ed up by nomination by the State Government and the person so nominated shal1 hold office as a nominatted
Member for the remaining term of the Member in whose place he is so nominated.
5. Resignation of nominated Member.- A nominated Member may, by giving in writing under his hand,
addressed to the State Government, resign from the Authority and such resignation shall take effect from the date on
which it is accepted by the State Government or on expiry of thirty days from the date of tendering the resignation,
whichever is earlier.
6. Removal of nominated Member.- A nominated Member may be removed by the Authority from his office,
after due and proper enquiry.
7. Meeting of Authority.-
- The Authority shall meet at least four times a year at its headquarters or at such places as may be decided by the Chairperson.
- The Chairperson shall, upon a written request from not less than five Members of the Authority, call a special
- The Members shall be given at least seven day's notice, specifying the purpose, time and place, for an ordinary meeting and at least three day's notice specifying the purpose, time and place, for a special meeting.
- The Chairperson may, in consultation with the Members, invite in the meeting any person working in the field of conservation of wetlands or any field relevant to the conservation and management of the East Kolkata wetlands.
- The Chairperson shall preside over the meeting of the authority and in his absence, it shal1 be presided over by such Member as may be nominated for the purpose by the Chairperson from amongst the other Members, other than the Member-Secretary.
- The decision at a meeting shall be taken by a simple majority of the Members present and voting and ill the
event of equality of votes, the Chairperson or, in his absence, the Member presiding shal1 have a second or casting
- Each Member shall have one vote.
- The quorum at every meeting shall be six.
- No Member shall bring forward, for consideration in a meeting, any matter of which he has not given at least
seven days notice, unless the Chairperson in his discretion permits him so to do.
8. Application for change of character or mode of use of land.-
- Any person holding a land in the East Kolbta Wetlands may apply for a change of character or mode of use of the land, to the Authority in Form I, in triplicate.
- The application shall be accompanied with fees as may be fixed by the Authority from time to time.
- The receipt of the application shall be acknowledged by the Authority.
- The Authority shall, on receipt of the application, examine the merit of the case and if necessary cause an
inspection of the proposed site through an expert committee:
Provided that if the Authority believes that there is no merit in the case, it may, after giving the applicant a reasonable opportunity of being heard, rejeci the application for change of character or mode of use of land and inform the applicant within sixty days of receipt of the same, citing reasons for rejection.
- The Authority shall, after examination of the merit of the case and inspection of the proposed site, refer the
application with observations thereof, in duplicate, to the Collector of the concerned District, within sixty days.
for taking necessary action for issuance of an order under section 4C of the West Bengal Land Reforms Act, 1955
(West Ben. Act X of 1956).
9. Permission for change of character or mode of use of land.-
1. The Collector shall, after taking necessary actions as required under the West Bengal Land Reforms Act, 1955. and rules made thereunder either pass an order for change of character or modc of use of land or reject the application.
2. A copy of the order referred to in sub-rule (1), granting the change or otherwise, shall be forwarded by the
Collector to the Authority for necessary action.
3. On receipt of the order by the Collector of the concerned District, in case the Authority requires the applicant
to create a compensatory waterbody prior to granting sanction under sub-section (4) of section 10, it shall, after the
conversion is granted by the Collector of the concerned District. communicate its decision to the applicant in
Provided that the Authority shall, while communicating its order in Form 2, mention the time limit for compliance
of the order, a copy of which shall be returned to the Authority by the applicant, duly filled, within the time
4. After the compliance of the order referred to in sub-rule (3), the Authority may pass an order in Form 3
granting sanction for change of character or mode of use of land with such restriction and conditions as mentioned
Provided that before issuing such order in Form 3, the Authority shall satisfy itself, if necessary, by enquiry. field inspection or otherwise. that the conditions laid down in Form 3 have been fulfilled properly.
5. Nothing in sub-rules (3) and (6) above, shall prevent the Authority to disallow, or restrict the applicant for
change of character or mode of use of land if the Authority is satisfied that the proposed change-
- may adversely affect the ecology or environment of the East Kolkata Wetlands area; or
- may adversely affect the livelihood or socio-economic conditions of the people in the area; or
- is against the principles of Ramsar Convention.
6. The Order passed by the Authority in Form 3 granting the conversion shall remain valid for sixty days and
shall be deemed to be cancelled, in case the applicant fails to execute the same within the prescribed time:
Provided that the Authority may, for sufficient and valid reasons, extend the period of validity of order for further period of thirty days.
10. Powers and duties of Chairperson.-
- The Chairperson shall have the power of general superintendence
over the officers and other employees of the Authority and to issue directions for the conduct and managemet of the
affairs of the Authority.
- The Chairperson, or any officer delegated by him, shall be in charge of all the confidential documents of the
Authority and responsible for their safe custody .
- All orders and instructions of the Authority shall be issued under the signature of the Chairperson or such officer
of the Authority as may be authorised in this behalf by the Chairperson .
- The Chairperson shall exercise such other powers and perform such other functions as may be delegated to
him by the Authority or the State Government.
11. Powers and duties of Member-Sccrctary.-
- Save as otherwise provided in these rules, the Member-Secretary shall have the overall control over the day-to-day activities of the Authority.
- The Member-Secretary, either himself, or through such officer of the Authority, as may be authorised in this
behalf by the Chairperson, may sanction and disburse all payments against the approved budget.
- The Member-Secretary shall have power to grant administrative and technical sanction to all estimates.
- The Member-Secretary shall exercise such other puwers and perform such other functions as may be delegated
to him by the Authority or the Chairperson.
- The Member-Secretary, with the prior approval of the Chairperson. shall convene the meetings of the Authority either by himself or through an officer of the Authority, and shall preside over the meetings and shall ensure that all
decisions taken in the meetings are implemented in proper manner.
12. Operation of Fund of Authority.-
(1) The fund of the Authority shall be operated jointly by the Member Secretary, and anyone amongst the Secretary, Department of Fisheries and the Member-Secretary, West Bengal Pollution Control Board.
(2) The fund of the Authority shall have the following heads of accounts. namely,
- receipts from the Central Government;
- receipts from the State Government; and
- other receipts, by way of grants, gifts, donations, benefactions or otherwise.
(3) The fund onhe Authority shall be applied for the purposes of the Act.
13. Accounts of Authority.- (1) The Authority shall maintain its monthly accounts in the following forms:
- monthly cash account in Form 4;
- monthly ledger for drawing and disbursing in Form 5;
- cheque drawing register (including bank reconciliation) in Form 6.
14. Annual report of Authority.-
- The Member-Secretary or any other officer of the Authority authorised in this behalf, shall prepare the annual report for each financial year, giving a full account of the activities of the Authority during that financial year and submit the same to the State Government.
- The Authority shall furnish to theStnte Government the annual report together with the audited statement of
accounts to the State Government by the end of September each year .