Official guidance, Tamil Nadu land law
G.O.Ms.No.44, Constitution of Hill Areas Conservation Authority in Tamil Nadu
The Government of Tamil Nadu, Planning and Development (TO II) Department, issued Government Order Ms. No. 44 on 2 April 1990, constituting the Tamil Nadu Hill Areas Conservation Authority with immediate effect as an ad hoc authority. It requires government and quasi-government bodies to consult the Authority and obtain prior clearance for development programmes in the hill areas listed in the order, while routing specified hill development funds and programmes through the Authority.
Purpose of the government order
Government Order Ms. No. 44, issued on 2 April 1990 by the Government of Tamil Nadu, Planning and Development (TO II) Department, responds to deterioration of the hill environment and ecology. It states that development in ecologically fragile hill areas can place serious stress on the environment when safe limits are exceeded.
The government therefore constituted the Tamil Nadu Hill Areas Conservation Authority with immediate effect. The Authority was established on an ad hoc basis, with a statutory basis intended to be provided later.
What the Authority covers
The Tamil Nadu Hill Areas Conservation Authority is intended to coordinate a multidisciplinary approach to hill area development involving state and central government departments, institutions, non-governmental agencies and private individuals.
Key arrangements include:
- All plan funds for the hill areas listed in Annexure I are to 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 relating to hill area development may be transferred to the Authority.
- The Authority may receive funds and subsidies directly from the Government of India and the Union Planning Commission.
- Existing programme and planning cells identified in the government order are to be merged into the Authority's administrative structure.
Administration and membership
The Tamil Nadu Hill Areas Conservation Authority includes a part-time chairperson, a senior Indian Administrative Service officer as Member Secretary, senior departmental secretaries and representatives of planning, horticulture, forests, electricity, water supply and The Nilgiris district administration.
An Advisory Council is also constituted to advise the Authority. Its membership includes technical officials, nominated legislators, local body representation, environmentalists and voluntary organisations connected with environment and ecology. The Authority may invite or co-opt relevant district collectors and other official or non-official participants.
Effect on development proposals
Government and quasi-government departments must consult the Tamil Nadu Hill Areas Conservation Authority about development programmes in the hill areas listed in Annexure I. Bodies under departmental control must obtain the Authority's prior clearance before seeking government administrative and financial sanction, and must prepare future hill development programmes in consultation with it.
The government order does not state a separate approval procedure for private property purchases or private construction. Its express clearance requirement applies to development programmes undertaken by government and quasi-government bodies.
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Common questions
Does Government Order Ms. No. 44 create a hill conservation authority?
Yes. It constitutes the Tamil Nadu Hill Areas Conservation Authority with immediate effect as an ad hoc authority, with a statutory basis intended to follow later.
Must a government development project in a listed hill area obtain clearance?
Yes. Government and quasi-government bodies must obtain prior clearance from the Tamil Nadu Hill Areas Conservation Authority before approaching the government for administrative and financial sanctions.
Does the government order require a private property buyer to obtain approval?
The government order does not state a separate approval requirement for buying private property. Its express prior-clearance requirement concerns development programmes undertaken by government and quasi-government bodies.
Who administers the Hill Area Development Programme and Western Ghats Development Programme?
The government order directs that both programmes, previously administered by the Planning and Development Department, are to be administered by the Tamil Nadu Hill Areas Conservation Authority.
