AMENDMENT OF ESZ AROUND KITAM BIRD SANCTUARY SIKKIM

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-17102024-257980 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4166] NEW DELHI, TUESDAY, OCTOBER 15, 2024/ASVINA 23, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 15th October, 2024 S.O. 4530(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 Kitam Bird Sanctuary, Sikkim in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.2167 (E), dated the 27th August, 2014; 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. S.O.2167 (E), dated the 27th August, 2014; 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, 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.2167 (E), dated the 27th August, 2014, namely:- In the said notification, for paragraph 5, the following paragraph shall be substituted, namely: - “5. Monitoring Committee- (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) Chief Secretary, Government of Sikkim Chairman, ex-officio; (ii) Chief Wild Life Warden, Government of Sikkim Member, ex-officio; (iii) Principal Chief Conservator of Forest, Government of Sikkim Member, ex-officio; (iv) Representative of State Pollution Control Board Member, ex-officio; (v) One expert in ecology/environment/wildlife from Govind Ballabh Pant National Institute of Himalayan Environment, Regional Centre Sikkim to be nominated by the Government of Sikkim for a period of three years Member; (vi) One representative of a Non-Governmental Organization working in the field of Environment/Wildlife (including heritage conservation) to be nominated by the Government of Sikkim for a period of three years Member; (vii) One Representative of Rural Management and Development Department, Government of Sikkim Member, ex-officio; (viii) One Representative of Agriculture Department, Government of Sikkim Member, ex-officio; (ix) One Representative of Urban Development and Housing Department, Government of Sikkim Member, ex-officio; (x) Concerned District Collector Member, ex-officio; (xi) Divisional Forest Officer (In-charge of PA) Member, ex-officio; (xii) Chief Conservator of Forest (Wild Life) Member Secretary, ex- officio. (2) 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 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 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 maybe, for prior environmental clearances under the provisions of that notification. (3) The activities not covered in the Schedule to the notification referred to in sub-paragraph (2) 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 regulatory authorities concerned. (4) The Member-Secretary of the Monitoring Committee or the concerned 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. (5) The Monitoring Committee may invite a representative or expert from the Department, a representative from industry associations or stakeholders to assist the committee in its deliberations depending on the requirements on a case to case basis. (6) The Monitoring Committee shall submit the annual action taken report of its activities for the period up to the 31st March of every year to the Chief Wildlife Warden in pro forma specified in Annexure- III by the 30th June of that year. (7) 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. 25/11/2013-ESZ 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. 2167(E), dated the 27th August, 2014 and was last amended vide number S.O. 5694(E), dated the 07th December, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.