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Core Purpose

Notification amending the Eco-sensitive Zone notification for Madhav National Park, Madhya Pradesh, to reconstitute the composition and functions of the Monitoring Committee under the Environment (Protection) Act, 1986.

Detailed Summary

S.O. 3738(E), issued by the Ministry of Environment, Forest and Climate Change on 2nd September 2024, amends the notification S.O. 3027(E) dated 13th September 2017 that declared an Eco-sensitive Zone around Madhav National Park, Madhya Pradesh, exercising powers under sub-section (1), clauses (v) and (xiv) of sub-section (2), and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, and dispenses with the prior notice requirement under sub-rule (4) of rule 5 in the public interest; it substitutes paragraphs 5 and 6 of the 2017 notification to constitute a Monitoring Committee comprising the Divisional Commissioner, Gwalior (Chairman, ex officio), District Collector, Shivpuri, Superintendent Engineers of Public Health Engineering and Public Works Department Shivpuri, Chief Executive Officer of District Panchayat Shivpuri, one representative each of the Madhya Pradesh Pollution Control Board and the State Biodiversity Board, an NGO representative and an ecology/environment expert nominated by the Madhya Pradesh Government for three years, and the Director, Madhav National Park, Shivpuri (Member Secretary, ex officio), and defines the Committee's functions including scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 for referral to environmental clearance authorities, referring non-scheduled activities to concerned regulatory authorities, empowering the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act, inviting experts as needed, and submitting an annual action-taken report by 30th June to the Chief Wildlife Warden; the notification is signed by Dr. S. Kerketta, Scientist "G", under file number 25/65/2015-ESZ/RE.

Full Text

5601 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3408 ] NEW DELHI, MON DAY , SEPTEMBER 2, 2024 /BHADRA 11, 194 6 CG-DL-E-02092024-256843 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd September , 2024 S.O. 3738(E).—WHEREAS , the Central Government, in exerci se of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub -section (2) and sub -section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986, issued a notification to declare an Eco -sensitive Zone around Madhav National Park, Madhya Pradesh in the Gazette of India, Extraordinary, Part-II, Section 3, Sub -section (ii), vide number S.O. 3027(E), dated the 13th September, 2017; AND WHEREAS, the Cen tral Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification; AND WHEREAS, sub -rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that whenever it appears to the Central Gov ernment that it is in the public interest to do so, it may dispense with the requirement of notice under clause (a) of sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986; AND WHEREAS, the Central Government is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) of sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O. 3027(E), dated the 13th September, 2017; NOW, THEREFORE, in exercise of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub - section (2) and sub -section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read wi th sub -rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the notification of the Government of India, Ministry of Environment, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 3027(E), dated the 13th September, 2017, namely: - In the said notification, for paragraphs 5 and 6 the following paragraphs shall be substituted, namely: - “5. Monitoring C ommittee . - (1) The Central Government hereby constitutes a monitoring committee for effective monitoring of the Provisions of this notification consisting of the following persons, namely: - (i) Divisional Commissioner, Gwali or – Chairman, ex officio ; (ii) District Collector, Shivpuri – Member, ex officio ; (iii) Superintendent Engineer, Public Health Engineering, Shivpuri – Member, ex officio ; (iv) Superintendent Engineer, Public Works Department, Shivpuri – Member, ex officio; (v) Chief Executive Officer , District Panchayat Shivpuri – Member, ex officio ; (vi) One Representative of the Madhya Pradesh Pollution Control Board – Member, ex officio ; (vii) One m ember of State Biodiversity Board - Member, ex officio ; (viii) One representative of non-governmental organisation working in the field of environment nominated by the State Government of Madhya Pradesh for a period of three years – Member; (ix) One expert in the area of ecology or environment nominated by the Government of Madhya Pradesh for a period of three years – Member; (x) Director, Madhav National Park, Shivpuri - Member Secretary, ex officio . 6. Functions of the Monitoring Committee. – (1) The Monitoring Committee shall, based on the actual site - specific conditions scrutinise, the activities covered in the Schedu le to the notification of the Government of India in the erstwhile Ministry of Environment and Forest, vide number S.O. 1533 (E), dated the 14th September, 2006, and falling in the Eco -sensitive Zone, except for the prohibited activities specified in the T able under paragraph 4 thereof, and referred to the Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, as the case may be, for prior environmental clearances under the provisio ns of that notification. (2) The activities not covered in the Schedule to the notification referred to in sub -paragraph (1) and falling in the Eco -sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, s hall be scrutinised by the Monitoring Committee based on the actual site -specific conditions and referred to the concerned regulatory authorities. (3) The Member -Secretary of the Monitoring Committee or the Collector or the Deputy Conservator of Forests s hall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986, against any person who contravenes the provisions of this notification. (4) The Monitoring Committee may invite a representative or expert from the Department , a representative from the industry associations or the stakeholders to assist the committee in its deliberations depending on the requirements on case to case basis. (5) The Monitoring Committee shall submit the action taken report annually of its activ ities for the period up to the 31st March of every year by the 30th June of that year to the Chief Wildlife Warden in pro - forma specified in Annexure -III appended to this notification. (6) The Central Government may give such directions in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions. ”. [F. No. 25/65/2015 -ESZ/RE ] Dr. S. KERKETTA , Scientist “G” Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), vide notification number S.O.3027(E), dated the 13th September, 2017. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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