Gazette Tracker
Gazette Tracker

Core Purpose

Notification amending the Monitoring Committee provisions (paragraphs 5 and 6) of an eco-sensitive zone notification (S.O. 435(E) dated 13th February 2017) under Section 3 of the Environment (Protection) Act, 1986, dispensing with prior public notice.

Detailed Summary

S.O. 4843(E), dated 8th November 2023, issued by the Ministry of Environment, Forest and Climate Change under 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 (4) of Rule 5 of the Environment (Protection) Rules, 1986, amends the notification numbered S.O. 435(E) dated 13th February 2017, dispensing with the requirement of prior public notice under Rule 5(3)(a) in the public interest. Paragraphs 5 and 6 of the principal notification are substituted: paragraph 5 reconstitutes a Monitoring Committee chaired ex-officio by the District Collector, Udaipur, comprising a nominated NGO representative, a nominated ecology/environment expert, and ex-officio district-level officers of the Public Works, Mining, Irrigation, Tourism, Police, Municipal Council, Industry, and Urban Improvement Trust Departments, the Regional Officer of the State Pollution Control Board, the Sub-Divisional Officer Udaipur, and the Deputy Conservator of Forest as Member-Secretary, with nominated members serving terms of up to three years; paragraph 6 defines the Committee's functions, including scrutinizing activities in the Eco-Sensitive Zone under the Schedule to notification S.O. 1533(E) dated 14th September 2006 and referring non-scheduled activities to regulatory authorities, filing complaints under Section 19 of the Act for contraventions, inviting expert or stakeholder representatives, and submitting an annual action-taken report by 30th June to the Chief Wildlife Warden. File No. 25/34/2015-ESZ-RE. Signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

7037 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4643] NEW DELHI, WEDNES DAY , NOVEMBER 8, 2023/ KARTIKA 17, 1945 CG-DL-E-09112023-249962 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th November, 2023 S.O. 4843(E). —Whereas the Central Government, in exercise of the power 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 in the Gazette of India, Extraordinary, Part -II, Section 3, sub -section (ii), vide number S.O. 435 (E), dated the 13th February, 2017; And whereas the Central 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 Government that it is in the public interest to do so, it may dispense with the requirement of notice un der 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. 435 (E), dated the 13th February, 2017; Now, therefore, in exercise of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub -rule (4) of r ule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Environment, Forest and Climate Change, published in the Gazette of India, Extraordin ary, Part -II, Section 3, Sub -section (ii), vide number S.O. 435 (E), dated the 13th February , 2017, namely: - In the said notification, for paragraph 5 and 6, the following paragraph shall be substituted, namely: - “5. Monitoring Committee. - (1) There shall be a committee to be known as Monitoring Committee constituted by the Central Government which shall consist of the following persons, namely: - (i) District Collector, Udaipur Chairman, ex-officio ; (ii) One representative of non -Governmental organisation workin g in the field of environment to be nominated by the Government of Rajasthan Member; (iii) one expert in the area of ecology and environment to be nominated by the Government of Rajasthan Member; (iv) District level officer of the Public Work Department Member, ex-officio ; (v) District level officer of the Mining Departments Member, ex-officio ; (vi) District level officer of the Irrigation Departments Member, ex-officio ; (vii) District level officer of the Tourism Departments Member, ex-officio ; (viii) District level officer of the Police Departments Member, ex-officio ; (ix) District level officer of the Municipal Council Member, ex-officio ; (x) District level officer of the Industry Departments Member, ex-officio ; (xi) District level officer of the Urban Improvement Trust Departmen t Member, ex-officio ; (xii) Regional Officer of the State Pollution Control Board Member, ex-officio ; (xiii) Sub-divisional Officer, Udaipur Member, ex-officio ; (xiv) Deputy Conservator of forest Member -Secretary , ex - officio. (2) The term of office of members nominate d under clauses (ii) and (iii) of sub -paragraph (1) shall be not exceeding three years from the date of their nomination. 6. Functions of the Monitoring Committee. – (1)The Monitoring Committee shall, based on the actual site - specific conditions, scrut inise the activities covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests, number S.O. 1533 (E), dated the 14th September, 2006, and falling in the Eco -sensitive Zone, except for the pr ohibited activities as specified in the Table under paragraph 4 thereof and refer 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 enviro nmental clearances under the provisions of the said notification. (2) The activities not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14th Septe mber, 2006 and falling in the Eco -sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site -specific conditions and referred to the re gulatory authorities concerned. (3) The Member -Secretary of the Monitoring Committee or the Collector or the Deputy Conservator of Forests shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 (29 of 1986) against any person who contravenes the provisions of this notification. (4) The Monitoring Committee may invite representative or expert from Department concerned, representative from industry associations or stakeholders to assist in its deliberations dependin g on the requirements on case to case basis. (5) The Monitoring Committee shall submit the annual action taken report of its activities for the period up to the 31st March of every year by the 30th June of that year to the Chief Wildlife Warden of the Sta te in proforma specified in Annexure -V, 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. 25/34/2015 -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. 435(E), dated the 13th February, 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.

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free