primary law

G.O.Ms.No.44, Constitution of Hill Areas Conservation Authority in Tamil Nadu, 1990

The Government of Tamil Nadu, Planning and Development Department, issued G.O.Ms.No.44 dated 2 April 1990, constituting the Tamil Nadu Hill Areas Conservation Authority as an ad hoc body with immediate effect. It requires Government and quasi-government bodies to consult the Authority and obtain its prior clearance for development programmes in the hill areas listed in Annexure I, pending extension of the Tamil Nadu Town and Country Planning Act, 1971 to those areas.

Category
Acts and rules
Pages
36
Status
In force
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Purpose and scope

The Government of Tamil Nadu, Planning and Development Department created the Tamil Nadu Hill Areas Conservation Authority because development activity was causing serious stress to the ecology of the State's hill areas, particularly the Western Ghats. G.O.Ms.No.44 dated 2 April 1990 establishes the Authority on an ad hoc basis, with a statutory basis intended later.

The detailed geographical coverage is the group of hill areas listed in Annexure I. The supplied text does not reproduce that list.

Who is affected

G.O.Ms.No.44 directly affects Government departments, quasi-government departments, autonomous bodies and corporations undertaking development programmes in the listed hill areas. These bodies must obtain prior clearance from the Tamil Nadu Hill Areas Conservation Authority before seeking administrative and financial sanction from the Government. They must also prepare future development programmes for those areas in consultation with the Authority.

The supplied text does not impose a separate approval requirement directly on individual property buyers, owners or private developers. However, a property may be affected where its development depends on a Government or quasi-government programme within a listed hill area.

Key provisions

  • The Tamil Nadu Hill Areas Conservation Authority is constituted with immediate effect as an ad hoc authority.
  • Its membership includes senior Government officers and representatives connected with planning, finance, environment, forests, agriculture, public works, tourism, housing, industries, rural development, municipal administration, water supply, electricity, horticulture and district administration.
  • The Authority may co-opt District Collectors having jurisdiction over hill taluks, other officials and non-officials as associate members or invitees.
  • An Advisory Council is created to advise the Authority, with members from soil conservation, highways, buildings, irrigation, rural development, animal husbandry, geology and mining, elected representation, local bodies, environmental fields and voluntary organisations.
  • The Authority's functions are assigned in Annexure II, which is not reproduced in the supplied text.
  • Plan funds for the hill areas listed in Annexure I must be routed through the Authority.
  • The Hill Area Development Programme and Western Ghats Development Programme are to be administered by the Authority.
  • Future budget allocations for hill area development may be transferred to the Authority, which may also receive funds and subsidies directly from specified Union bodies.

Practical significance

G.O.Ms.No.44 makes ecological review part of Government decision-making for development in covered hill areas. A buyer or professional dealing with land linked to public infrastructure or a Government-backed project should check whether the location falls within Annexure I and whether the required Authority clearance has been obtained.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does G.O.Ms.No.44 apply to every hill area in Tamil Nadu?

It applies to the hill areas listed in Annexure I. The supplied text refers to that annexure but does not reproduce the list.

Do private landowners need direct clearance from the Tamil Nadu Hill Areas Conservation Authority?

The supplied text expressly requires prior clearance for development programmes undertaken by Government and quasi-government bodies. It does not state a separate direct clearance requirement for individual private landowners.

When must a Government body obtain clearance?

A Government or quasi-government body must obtain prior clearance for a development programme in a listed hill area before approaching the Government for administrative and financial sanction.

What programmes came under the Authority?

The Hill Area Development Programme and the Western Ghats Development Programme were to be administered by the Tamil Nadu Hill Areas Conservation Authority. Plan funds for the listed hill areas were also to be routed through it.