Restriction on cutting etc., of hills
[ 3C. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, without the previous sanction of an Authorised Officer, cut or raze any hill within the area to which this Act applies; and such sanction shall be subject to such terms and conditions as the Authorised Officer may think fit to impose:
Provided that no such sanction shall be granted without the previous approval of the Government or such other authority as the Government may, by notification in the official Gazette, specify in this behalf:
Provided further that no such sanction shall be granted unless the Authorised Officer and the Government or the authority specified in the notification mentioned in the first proviso is satisfied that-
(a) the cutting or razing of the hill shall not cause any serious damage to any hill, building, structure or land adjacent to or in the vicinity of the hill, or
(b) the cutting or razing of the hill shall not cause any silting of or obstruction to any drain, stream or river, or
(c) the cutting or razing of the hill is necessary in order to prevent the loss of life or property, or
(d) the cutting of the hill is such as is normally necessary for construction of dwelling house without causing any major damage to the hill, or
(e) the cutting or razing of the hill is necessary in the public interest.
(2) A sanction granted under sub-section (1) shall remain valid for a period of one year from the date of sanction.
(3) Notwithstanding anything contained in any other law for the time being in force, all sanctions obtained for cutting or razing of the hills prior to the commencement of the Building Construction (Amendment) Ordinance, 1990 (অধ্যাদেশ নং ৯, ১৯৯০) shall be deemed to have expired and no such cutting or razing shall be done without obtaining fresh sanction.
(4) The Government may, by notification in the official Gazette, direct that the power of an Authorised Officer under sub-section (1) shall be exercised by a Committee in such area as may be specified in the notification.
(5) When a notification under sub-section (4) has been issued, the Authorised Officer shall not exercise the power conferred on him by sub-section (1) in the area to which the said notification relates.
