Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-13052025-263067
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 2079]
NEW DELHI, TUESDAY, MAY 13, 2025/VAISAKHA 23, 1947
3131 GI/2025
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 13th May, 2025
S.O. 2124(E).— WHEREAS the Central Government, in exercise of the powers conferred by 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, issued a notification to declare
an Eco Sensitive Zone around Kusheshwar Asthan Bird Sanctuary, Bihar in the Gazette of India, Extraordinary, Part-
II, Section 3, Sub-section (ii), vide number S.O. 2735(E), dated the 22nd August, 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 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. 2735(E), dated the 22nd August, 2017;
NOW, THEREFORE, in exercise of the powers conferred by 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
(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 in the Ministry of Environment and Forest and Climate
Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2735(E),
dated the 22nd August, 2017, namely: -
In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely: -
"5. Monitoring Committee. - There shall be a Committee to be known as Monitoring Committee constituted by the
Central Government which shall comprise of the following persons specified in the Table below, namely:
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (i) | The Divisional Commissioner, Darbhanga Division | Chairman, ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (ii)| A representative of Department of Revenue, Government of Bihar | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (iii)| A representative of Department of Water Resource, Government of Bihar | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (iv)| A representative of the Department of Animal and Fishery Resources, Government of Bihar | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (v) | A representative of the Department of Agriculture, Government of Bihar | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (vi)| A representative of the Department of Public Works (RCD), Government of Bihar | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (vii)| A representative of Non-governmental Organisations working in the field of environment (including heritage| Member; |
| | conservation) to be nominated by the Government of Bihar from time to time every three years. | |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (viii)| One expert in the area of ecology and environment to be nominated by the Government of Bihar from time to| Member; |
| | time every three years. | |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (ix)| Regional Officer, Bihar State Pollution Control Board | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (x) | Member-Secretary or Member, Bihar State Biodiversity Board | Member, Ex officio; |
+-----+---------------------------------------------------------------------------------------------------------+--------------------------+
| (xi)| Divisional Forest Officer, Mithila Forest Division, Darbhanga | 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 Schedule to the notification of the Government of India
in the erstwhile Ministry of Environment and Forests, vide number S.O. 1533 (E), dated the 14th September, 2006,
and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table 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 provisions of the said notification.
(2) The activities not covered in the Schedule to the notification referred to in sub-paragraph (1) and are
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 concerned regulatory authorities.
(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
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 depending 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 State in
pro-forma specified in Annexure-IV.
(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. 25/202/2015-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. 2735 (E), dated the 22nd August, 2017.