Draft Environment (Protection) (Amendment) Rules, 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19072024-255568 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 381] NEW DELHI, THURSDAY, JULY 18, 2024/ASHADHA 27, 1946 4351 GI/2024 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DRAFT NOTIFICATION New Delhi, the 18th July, 2024 G.S.R. 418(E). -The following draft notification which the Central Government proposes to issue in exercise of the powers conferred by Section 6 and Section 25 of the Environment (Protection) Act, 1986 (29 of 1986), amend the Environment (Protection) Rules 1986, is hereby published for information of the public and other stakeholders likely to be affected. Further, notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to the public; Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira ParyavaranBhawan, JorBagh Road, Aliganj, New Delhi-110003 or electronically at email address: [email protected] or [email protected] S.O. ..(E)- In exercise of the powers conferred by Section 6 and Section 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, hereby makes the following rules to further amend the Environment (Protection) Rules, 1986: 1. Short title and commencement: (1) These rules may be called the Environment (Protection) (Amendment) Rules, 2024. (2) They shall come into force from the date of publication in the Official Gazette. 2. In Rule 2, the following shall be inserted: (1) After clause (aa), the following clause may be inserted: (aaa) "Adjudicating Officer" means any officer appointed/notify under section 15C of the Act; (2) After clause (c), the following clauses may be inserted: (cc) "Fund" means the Environment Protection Fund as defined under Section 16 of the Act; (ccc) "Fund Administrator" means a National Bank as appointed by the Central Government for the administration of the Fund under Rule 10 P; (3) After clause (ee), the following clause may be inserted: (eee) "Presenting Officer" means the officers (or) their authorized representative as per Appendix - B for taking cognizance of non-compliance (or)contravention of the provisions of the Act within their respective jurisdiction and for initiating and presenting the matter before the concerned Adjudicating Officer.” (4) After sub-rule (j), the following sub-rule shall be inserted: "(2) The words and expressions used and not defined in these rules but defined in the Act and Rules made thereunder shall have the same meaning as assigned to them in the Act and the said rules, as the case may be." 3. In Rule 4, after sub-rule (6), the following sub-rule shall be inserted: "(7) In a case where the Central Government is of the opinion that in view of likelihood of grave injury to the environment, the Central Government may direct the Central Pollution Control Board (CPCB) (or) concerned State Pollution Control Board (SPCB) (or) concerned Pollution Control Committee (PCC) to revoke the consent accorded under the relevant provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974". 4. After Rule 10, the following rules shall be inserted, namely: "RULE 10A. APPOINTMENT OF ADJUDICATING OFFICER UNDER SECTION 15C OF THE ACT 1) The Secretary in-charge of the Environment Department of the State Government / Union Territory Administration (or) any other officer not below the rank of Secretary to State Government as nominated by the State Government and Union Territory Administration shall be the ex-officio Adjudicating Officer for the respective State and Union Territories 2) The Central Government may appoint (i) Adjudication Officer at Central level not below the level of Joint Secretary to the Government of India and (ii) more than one Adjudicating Officer, not below the level of Secretary to the State Government, in a State / Union Territory, either on its own motion or on a written request by the concerned State Government and Union Territory Administration. 3) The Adjudicating Officer may be provided with requisite manpower assistance, office space and technical assistance by the Central Government / State Government / Union Territory Administration as the case may be. RULE 10B. COGNIZANCE AND PROCESSING OF MATTERS UNDER SECTION 14 AND 15 OF THE ACT 1) No Adjudicating Officer shall take cognizance of any non-compliance or contravention of the provisions of this Act, or the rules made or orders or directions issued thereunder, unless such matter is initiated by the Presenting Officer, along with all relevant documents, either on its own motion or on receipt of a representation in the prescribed form VI under Appendix A. 2) The Officers authorized for taking cognizance of any non-compliance or contravention of the provisions of this Act, within their respective jurisdiction shall present the matter before the concerned Adjudicating Officer of the State / Union Territory, as per the jurisdiction mentioned therein. The list of Officers is provided in the Appendix-B. 3) The Presenting Officer shall, before forwarding the matter under Rule 10B (1) to the Adjudicating Officer, process the same exercising reasonable due diligence, in order to bring on record all relevant facts and circumstances that need to be taken into account for imposing penalty, and also to ascertain if it is a matter necessary for adjudication. RULE 10C. MANNER OF INQUIRY BY ADJUDICATING OFFICER UNDER SECTION 14 AND SECTION 15 OF THE ACT 1) Within 30 days of receipt of a matter, the Adjudicating Officer shall issue notice to the concerned Presenting Officer as well as to the person against whom non-compliance or contravention is alleged, along with the particulars of the matter against him clearly specifying the nature of non-compliance or contravention, and such person may either appear personally or through an authorized representative, on such date as specified, which shall not be less than 15 days from the date of notice received thereon and shall not exceed 30 days, in such format as prescribed in form VII under Appendix A. 2) On such date as specified in the Notice, the person or his authorized representative may admit or deny the allegations levelled against him, before the Adjudicating Officer. 3) Under sub-rule (2), if the person or his representative admits to the allegations, the Adjudicating Officer shall state in his order such admission of the respondent, along with the quantum of penalty imposed in such format as may be prescribed by the Central Government, and send a copy of the order to the concerned Presenting Officer as well as the person who has lodged the matter, if applicable. 4) In cases not covered under sub-rule (3), the Adjudicating Officer shall fix a date for inquiry and communicate the same to the concerned Presenting Officer, for presentation of the matter. 5) On the date fixed, the Adjudicating Officer shall give an opportunity to the person to produce documents or evidence as he may consider relevant to the inquiry. 6) If any person fails or refuses to appear before the Adjudicating Officer as required by sub-rule (5) without sufficient cause, the Adjudicating Officer may proceed with the inquiry in the absence of such person. 7) While holding such inquiry, the Adjudicating Officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the matter to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. Explanation: For the purposes of this sub-rule, the Adjudicating Officer shall have the following powers of a Civil Court, as specified in the Civil Procedure Code, 1908: (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of documents or other electronic records; and (c) Receiving evidence on affidavits. 8) On presentation of matter by the concerned Presenting Officer, defense given by the person and recording of such information as necessary, the Adjudicating Officer shall either dismiss the allegation or make such other order as it deems fit. 9) All orders of the Adjudicating Officer shall be speaking orders, irrespective of whether penalty has been imposed by such order or not as prescribed in form VIII under Appendix A. 10) The Adjudicating Officer shall complete the adjudication of every matter within three months from the date fixed under sub-rule (4), which is extendable upto three more months if sufficient cause exists. 11) If the subject-matter of the matter received under sub-rule (1) of Rule 10 B is already in question before the National Green Tribunal or any other Court of competent jurisdiction on the date of receipt of the matter, the proceedings under this Rule shall be initiated by the Adjudicating Officer in parallel and pass order as indicated in Rule 10F unless such proceedings have been explicitly stayed by the National Green Tribunal or any other Court. RULE 10D. TRANSFER OF MATTERS AND PROCEEDINGS 1) If the matter is made to a Presenting Officer which does not have jurisdiction to entertain it as per sub-rule (3) of Rule 10B, it shall transfer the matter to the concerned Presenting Officer within fifteen days of the receipt of such matter, along with reasons of such belief, in such format as prescribed in form IX under Appendix A. 2) If on inquiry under Rule 10C, it appears to the Adjudicating Officer at any stage of the proceedings before signing the final order, that the case is one which ought to be tried by any other Adjudicating Officer, as the case may be, he shall transfer the case to such officer along with the copy of matter and a record of proceedings, in such format as may be prescribed in form X under Appendix A. 3) The Adjudicating Officer to whom such case is transferred may, in his discretion, re-hear the entire case from its inception. 4) If in the course of proceedings, it is found that the subject-matter of any proceedings is already adjudicated upon, the Adjudicating Officer shall summarily dismiss the proceedings. RULE 10E. MANNER OF SERVICE OF NOTICE FOR ADJUDICATION UNDER SECTION 14 AND SECTION 15 OF THE ACT Every notice issued to a person shall be served on him in the following manner, namely: 1) By sending it to the person by registered post with acknowledgement due, to the address of his place of residence or his last known place of residence or the place where he carried on, or last carried on, business or personally works, or last worked, for gain; or 2) By sending it to the registered email of the person, if available; 3) Where it cannot be served under clause (a) or wherever applicable, (b), every such Notice shall be affixed on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided, or carried on business or personally works or last worked for gain and the written report thereof shall be accompanied by the geo-tagged images of the notice. RULE 10F. ORDER OF THE ADJUDICATING OFFICER UNDER SECTION 14 AND SECTION 15 OF THE ACT 1) Every order passed by the Adjudicating Officer shall be dated and signed by the Adjudicating Officer, in such format as prescribed in form VIII under Appendix A. 2) The Adjudicating Officer shall send a copy of the order passed by him to the person in default, the Central Government, the concerned presenting officer, the person lodging the matter and any other person which the Adjudicating Officer considers appropriate. 3) Any order passed under this Rule shall be subject to the outcome of any proceedings mentioned under sub- rule (11) of Rule 10C. RULE 10G. APPEALS FROM THE ORDER OF THE ADJUDICATING OFFICER PASSED UNDER SECTION 14 AND SECTION 15 OF THE ACT 1) All appeals from the order(s) passed by the Adjudicating Officer under the Act shall lie to the National Green Tribunal (NGT) established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010), as per Section 15D of this Act. 2) If the person who has lodged the matter is aggrieved by the order of the Adjudicating Officer, he shall also follow the process under Section 15D of the Act, so far as it may be practicable. RULE 10H. FACTORS TO BE CONSIDERED WHILE DETERMINING QUANTUM OF PENALTY UNDER SECTION 14 AND SECTION 15 OF THE ACT 1) The Adjudicating Officer, while adjudicating the quantum of penalty under section 15C shall have due regard to all or any the following factors in addition to factor stated in Sub-Section (4) of Section 15 C of the Act, namely: a. Place of operation of project b. Size of the Project-Large / Medium / Small c. Category of industry d. Type of contravention /violation such as i. Working without Environment Clearances ii. Non-compliance of Environmental safeguards and standards iii. Violation of conditions of Environment Clearances iv. Any other contraventions/violations/non- compliances of orders/directions e. Quantum of deviation/ contravention from the standard f. Health impacts / loss likely to be caused g. Undue gain / benefit derived out of contravention or non-compliance h. The amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the contravention or non-compliance; i. The repetitive nature of the contravention or non-compliance; j. Any other factor as may be considered by the Adjudicating Officer to be relevant for the protection of environment. 2) The penalty / additional penalty as imposed by the Adjudicating Officer under this Act shall be in addition to the liability to pay relief or compensation under section 15 of this Act read with section 17 of the National Green Tribunal Act, 2010. 3) For matters mentioned under sub-section (2), the penalty imposed by the Adjudicating Officer shall be in addition to, and not in substitution of such penalty or compensation. RULE 10I. FAILURE TO PAY PENALTY / ADDITIONAL PENALTY IMPOSED BY THE ADJUDICATING OFFICER UNDER SECTION 14 AND SECTION 15 OF THE ACT a. In case of failure to pay penalty imposed under Section 15 B of the Act within 90 days, such person shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB /PCC to initiate criminal proceedings against the person in the concerned District Court within 30 days after the lapse of 90 days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person in the concerned District Court within 30 days from the date of receipt of direction from Adjudicating Officer. b. In case of failure to pay penalty imposed under Section 14 A, 14 B, 15 and 15Aof the Act within 90 days, the Adjudicating Officer shall impose Additional penalty. In case of failure to pay Additional penalty imposed under section 14A, 14B, 15 and 15A of the Act within ninety days, such person / company shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB / PCC to initiate criminal proceedings against the person / company in the concerned District Court within 30 days after the lapse of 90 days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person/company in the concerned District Court within 30 days from the date of receipt of direction from Adjudicating Officer. RULE 10J. AMOUNT TO BE CREDITED IN THE ENVIRONMENT PROTECTION FUND UNDER SECTION 16 OF THE ACT The following sums shall be credited to the Fund: a) The amount of penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), and under this Act; b) The amount of penalty imposed under the Water (Prevention and Control of Pollution) Act, 1974 (06 of 1974), and under this Act; c) The interest or other income received out of investments made from the Fund; and d) Any other amount from such sources, as may be prescribed. RULE 10K. UTILIZATION OF THE AMOUNT OF ENVIRONMENT PROTECTION FUND (1) The fund shall be utilized for the following purposes, namely, a. Installation of Continuous Water Quality Monitoring Stations, Continuous & Manual Ambient Air Quality Monitoring Stations and Ambient Noise Monitoring Stations for strengthening of existing environmental monitoring network. b. Development of New/ Upgradation of Enviromental Laboratories, as per requirement. c. Preparation of Research and Development documents on Industrial Sectors / Clean Technology. d. Assessment of Environmental Damages, preparation of Detailed Project Reports (DPRs) and Remediation of Contaminated Sites. e. Capacity Building and Strengthening of SEIAAs / SEACs / CPCB / SPCBs / PCCs / Urban Local Bodies (ULBs). f. Payment of Salaries and other emoluments to the Contractual staff. g. Development of Information Technology (IT) enabled systems. h. Conducting studies as directed by forums of law. i. Projects related to awareness generation including through eco-clubs. j. Administrative expenses relating to management of funds including payment of auditors, consultants and other professional services. k. Innovative Technology demonstration projects pertaining to Clean Technology for environment protection. l. Any other purpose as may be considered by the Governing body to be relevant for the protection of environment. (2) The fund used in the sub-rule 1 shall not be used for the following: a. Payment of medical expenses other than which is contractually obligated. b. Undertaking foreign visits except those undertaken by the prior approval of the Governing body for the knowledge exchange exposure for undertaking best practices available in the interest of environment protection. c. Construction of buildings for officers and offices. d. Purchase of furniture, office equipment, fixtures including air conditioners, and generator sets for residences and offices beyond 2% of the total annual receipt in the requisite fund. (3) The sanctioning authority for the EPF shall be Joint Secretary to the Government of India (or) Secretary to the State Government, in a State / Union Territory as the case may be. RULE 10L. MANNER FOR CREDITING IN THE ENVIRONMENT PROTECTION FUND 1) The payment of penalty shall be made in the Environment Protection Fund as prescribed form XI under Appendix A. 2) The Fund Administrator shall remit 75% of the amount accrued in the Fund by way of penalty to the concerned State(s)/UTs as directed by the Adjudicating Officer, which shall be utilized only for the purposes mentioned rule 10K. 3) The remaining amount of the Fund shall be transferred to the Central Government. RULE 10M. MANNER OF ADMINISTRATION OF FUND 1) The Environment Protection Fund shall be monitored by a dedicated Project Management Unit (PMU) that shall be created in the Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India, New Delhi or the State Governments/ Union Territory Administration as the case may be_not more than 10% of the Fund transferred in a financial year to the Central Government or the State Governments/ Union Territory Administration, as the case may be, shall be used for the administrative expenses and the functioning of the PMU. 2) The PMU shall be headed by an officer not below the rank of Joint Secretary to the Government of India (or) Secretary to the State Government, in a State / Union Territory Administration as the case may be. 3) The PMU shall maintain the detailed accounts related to the disbursal of the EPF and as far as possible GFR shall be followed. 4) The money accrued in the Fund shall be managed by the Fund Administrator. 5) The Fund Administrator shall open one or more accounts in the banks to administer the Environment Protection Fund. 6) The Fund Administrator shall ensure that the requisite transfers, wherever applicable, are made within 15 days of the receipt of amount and maintain a state wise and order wise record of the same. 7) All payments to the Fund shall be submitted in a duly filled Form XI, prescribed under Appendix A, along with the receipt of the deposit to the Fund Administrator, the PMU created under sub-Rule (1) and the Adjudicating Officer informing about payment of the amount within fifteen days of making of such payment to avoid any adverse orders as per Section 15F of the Act. 8) The liability of the Fund Administrator for making the payments from the Fund shall be limited only to the extent of balance available in the corpus. 9) The governing body of the Environment Protection Fund at the Central level shall consist of: i. Secretary, MoEF&CC, Government of India— Chairperson, ex officio ii. Director General of Forests and Special Secretary, MoEF&CC, Government of India—Member, ex officio; iii. Chairperson, Central Pollution Control Board – Member, ex officio; iv. Financial Advisor of the Ministry- Member, ex officio; v. Three officers nominated by the Chairperson, not below the rank of Secretary of the Government of the State / UTs every year to be a — Ex officio Members (Rotational basis) vi. Additional / Joint Secretary (In charge), MoEF&CC, Government of India– Member Secretary, ex officio 10) The governing body of the Environment Protection Fund at the State/UT level shall consist of: i. Chief Secretary, of the State/UT — Chairperson, ex officio; ii. Secretary, Department of Environment, Forest and Climate Change — Member, ex officio. iii. Principal Chief Conservator of Forests —Member, ex officio; iv. Representative of Finance Department, not below the level of Joint Secretary – Member, ex officio; v. Chairperson of the concerned SPCB / PCC – Member, ex officio; vi. Joint Secretary (of the department dealing with the Environment Protection Fund), State Government — Member Secretary, ex officio. RULE 10N. FUNCTIONS OF GOVERNING BODY OF THE ENVIRONMENT PROTECTION FUND (1) The governing body of the EPF shall: i. The Governing Body at the Central level / State level / Union Territory level as mentioned under Rule 10 M shall approve the proposal for utilization of the EPF based on the proposals submitted by Central Government / State Government / Union Territory Government as the case may be. ii. Approve the annual report and Audited accounts of the EPF; iii. Review reports on decision taken by Fund Administrator including investment decisions; iv. Appraisal of the reports for the State / UTs with regard to Utilization of Fund credited to them as specified in clause (5) of Section 16 of the Act. v. Provide a mechanism to State Authorities to resolve issues of inter-State or Centre-State character; vi. Consideration of requests from State government/UT; vii. Preparation of Annual Report under Section 16B of the Act. (2) The governing body of the EPF shall meet at least once in six months. (3) The governing body may take necessary steps to ensure the effective functioning of the Adjudicating Officer, as well as monitoring of the fund. (4) The PMU created under Rule 10 M shall assist the Governing Body at the Central-level or the State Governments as the case may be in the aforementioned functions. RULE 10 O. INVESTMENT OF AMOUNT RECEIVED UNDER FUND (1) The amount received under the Fund shall be invested by the Fund Administrator in such a manner such that the transfer and utilization of funds is not affected. (2) The Fund Administrator shall submit, the annual statement of accounts on the management of funds. RULE 10 P. FUND ADMINISTRATOR (1) The Central Government shall, by Notification, appoint a National Bank as the Fund Administrator for a period of five years from the date of such notification. (2) On the expiry of the term of five years, any National Bank appointed as a Fund Administrator shall be eligible for re-appointment. (3) The Central Government may, in its discretion, may terminate any appointment made under this Rule. (4) The Fund shall be managed and administered by the Fund Administrator. (5) The Fund Administrator shall open one or more accounts in the banks to administer the Fund. RULE 10 Q. FINANCIAL REGULATION AND PROCEDURES The accounts and auditing of the Fund shall be done as per Section 16A of the Act. 5. After the Rule 14, the following Rules shall be inserted: RULE 15. FORM OF ANNUAL STATEMENT OF ACCOUNTS UNDER SECTION 16A. The annual statement of accounts of the Environment Protection Fund shall be in such Form XII prescribed in Appendix A. RULE 16. FORM OF ANNUAL REPORT UNDER SECTION 16B OF THE ACT The annual report in respect of the year last ended giving a true and full account of the activities of the Environment Protection Fund during the previous financial year shall contain such particulars, and in such format as prescribed Form XIII prescribed in Appendix A. RULE 17. POWER TO RELAX (1) Where the Governing Body is satisfied that the operation of any of the provisions of these Rules causes undue hardship in achieving the objective of creation of this Fund, it may, by order, for reasons to be recorded in writing, relax the requirement of that provision in a manner not inconsistent with the provisions of the Act. (2) The Central Government shall endeavor to examine the feasibility of, and further develop online portal for facilitating the procedures enunciated under these Rules, as far as practicable. 6. After Form V of Appendix A, the following forms shall be inserted: FORM VI: FORMAT OF NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE EP ACT (See Rule 10B) Part A DETAILS TO BE FURNISHED BY THE PERSON LODGING THE NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE EP ACT 1. Name of the Person lodging the non-compliance (In Block Letters): 2. Proof of Identity Furnished: Note: Any of the following documents will be considered as a valid proof of identity: Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and masked Aadhaar Card. 3. Age 4. Gender 5. Nationality Note: In case the person who has lodged the non-compliance is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity 6. Permanent Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 7. Correspondence Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 8. Occupation/ Designation 9. Office Address 10. Telephone Number/Mobile Number: 11. Email Address: 12. Details of Person/Company/Government Department against whom non-compliance is made: 13. Mode of Presentation of non-compliance In-Person By Post Online Portal 14. The relevant provisions of Act, rules, orders and directions the contravention of which is alleged: 15. Particulars of non-compliance: Enclosures: S. No. | Document | Whether enclosed (Yes/No) 1. | Identity Proof | 2. | Duly Notarised Affidavit (as indicated in Part B) | 3. | Supporting Documents (if any) | Signature of the Person who has lodged the non-compliance/Authorized Signatory Place: Date: Part B UNDERTAKING I | aged | years, | S/o Resident of | do here by solemnly affirm and declare on oath as under- 1. That I am filing this non-compliance on my own behalf OR That I am filing this non-compliance on behalf of body/Board/ Corporation/ Authority/ Company/ society/trust/association of persons/Non-Governmental Organisation/ Limited Liability Partnership (give its name and registration number, if any) having their office at (give contact address/email/phone/fax of the organization) and that I am authorized to sign and make this non-compliance vide its authorisation dated 2. That I have filed the present non-compliance under the provisions of the Environment (Protection) Rules, 1986 as amended from time to time. 3. That particulars of the non-compliance mentioned in Part A of this Form are true to the best of my knowledge, and I have enclosed all necessary documents. 4. I state that before filing this non-compliance I have collected the information and supporting evidence to the best of my knowledge, ability and capacity which are relevant in support of the non-compliances against and I further confirm that I have not concealed any data / material / information in this non-compliance. Solemnly affirmed at | on this day | of DEPONENT FORM VII: NOTICE See RULE 10C(1) Part A NOTICE TO THE RESPONDENT To: Name of the Addressee: Address: Contact Details: 1. TAKE NOTICE that a non-compliance is registered against you by the Presenting Officer at under the provisions of read with Environment (Protection) Act, 1986, a copy of which has been attached with this Notice. 2. You are hereby called upon to appear before the Adjudicating Officer in person, or through an authorized representative, on | at | (Address). 3. Take further notice that, in default of your appearance on the day aforementioned, the matter will be heard and determined in your absence. GIVEN under my hand and the seal, on this | day of Adjudicating Officer Part B NOTICE TO THE PRESENTING OFFICER To The Presenting Officer 1. TAKE NOTICE that the non-compliance registered and forwarded by you vide Letter/Memo No. dated shall be heard by the Adjudicating Officer on at (Address). 2. You (or) the authorized representative as per Appendix B for taking cognizance of non-compliance (or) contravention of the provisions of the Act within their respective jurisdiction are required to attend the proceedings and present the case. GIVEN under my hand and the seal, on this | day of Adjudicating Officer FORM VIII: FORMAT OF ORDER UNDER RULE 10C(9) See RULE 10C (9) Non-compliance ID: Dated: Presenting Officer: Respondent: 1. That, in the matter as indicated above, the parties appeared before the Adjudicating Officer on at If the respondent admits to the non-compliance, the following paragraph 2 would be included: 2. Under sub-Rule (9) of Rule 10C, the respondent has admitted to the non-compliance registered against him, and as such the following penalty is imposed on him, which shall be deposited by him according to the timeline stipulated under law. 3. After hearing the parties and perusing documents and all other evidence as presented, the following order is made: If applicable: 4. For reasons as aforesaid, the following penalty is imposed on the respondent, shall be deposited by him according to the timeline stipulated under law. 4. In case of failure to pay the penalty or additional penalty, as required by the Environment (Protection) Act, 1986, the respondent shall become liable under the provisions of Section 15F of the Act for further prosecution. 5. Non-compliance is disposed of in the aforementioned terms. GIVEN under my hand and the seal, on this | day of Adjudicating Officer FORM IX FORMAT OF TRANSFER OF NON-COMPLIANCE BY PRESENTING OFFICER SEE RULE 10D(1) To The Presenting Officer (to whom non-compliance is to be transferred) Non-compliance ID: Dated: Respondent: 1. Please find attached non-compliance received by the undersigned on 2. On perusal of the non-compliance, it is found that the non-compliance falls within the regulatory jurisdiction of the Presenting Officer addressed above. 3. It is, therefore, requested to register this non-compliance, and take any further action that may be necessary. Encl.. 1. Copy of the non-compliance 2. Necessary documents (wherever applicable) Authorized Representative of the Presenting Officer (Name and Address) (Signed, dated and stamped) FORM X FORMAT OF TRANSFER OF PROCEEDINGS BY ADJUDICATING OFFICER SEE RULE 10D(2) To The Adjudicating Officer (Centre/State/UT) (to whom proceedings are to be transferred) Non-compliance ID: Dated: Respondent: 1. The non-compliance as indicated above was brought before the undersigned on being adjudicated. 2. During the course of proceedings, it has been found that the subject-matter of the non-compliance falls within your jurisdiction. 3. In view of the above, all case documents and a certified copy of record of proceedings are being duly transferred. 4. It is requested that further necessary action may be taken in the matter. Encl.. 1. Copy of the non-compliance 2. Certified Copy of record of proceedings (wherever applicable) GIVEN under my hand and the seal, on this | day of Adjudicating Officer FORM XI FORMAT FOR PAYMENT OF PENALTY TO THE FUND SEE RULE 10L 1. Name of the Depositor (In Block Letters): 2. Proof of Identity Furnished: Note: Any of the following documents will be considered as a valid proof of identity: Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and masked Aadhaar Card. 3. Age 4. Gender 5. Nationality Note: In case the person who has lodged the non-compliance is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity. 6. Permanent Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 7. Correspondence Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 8. Occupation/Designation 9. Office Address 10. Telephone Number/Mobile Number: 11. Email Address: 12. Reason for making payment Order of the Adjudicating Officer (If yes, give details of the non-compliance) Others 13. Amount Submitted (in words and numbers): 14. Bank Details of the depositor: 15. Bank Details in which amount submitted: 16. Transaction ID (Also attach proof): 17. Delay (if any): 18. Additional Penalty (if any) included in the amount submitted: Copy to: 1. Fund Administrator 2. Concerned Division, MoEF&CC 3. Concerned Adjudicating Officer (wherever applicable) VERIFICATION I | the above named depositor do hereby verify that the contents of this Form have been duly filled by me, and are true and correct to the best of my knowledge. Verified at | on this day | of DEPONENT FORM XII FORMAT FOR ANNUAL STATEMENT OF ACCOUNTS See RULE 15 Annual Statement of Accounts of Environment Protection Fund as on 31st March 20.... (Amount in Rs.) S. No. | Particulars | Current Financial Year | Previous Financial Year 1. | Opening Balance of funds at the Beginning of the Year | | 2. | Additions to the Fund | | a. | Penalty imposed under the Environment (Protection) Act, 1986, (29 of 1986) | | b. | Penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), | | c. | Penalty imposed under the Water (Prevention and Control of Pollution) Act, 1974, (06 of 1974) | | d. | Interest or other income received out of investments made from the Fund | | e. | Any other amount from such sources, as may be prescribed. | | | TOTAL (1+2) | | 3. | Disbursal of Funds | | i. | State Government/UTs | | ii. | Central Government | | | TOTAL (i+ii) | | 4. | Utilization of Funds by State Government/UTs | | a. | Installation of Continuous Water Quality Monitoring Stations, Continuous & Manual Ambient Air Quality Monitoring Stations and Ambient Noise Monitoring Stations for strengthening of existing environmental monitoring network. | | b. | Development of New/ Upgradation of Enviromental Laboratories, as per requirement. | | c. | Preparation of Research and Development documents on Industrial Sectors / Clean Technology | | d. | Assessment of Environmental Damages, preparation of Detailed Project Reports (DPRs) and Remediation of Contaminated Sites | | e. | Capacity Building and Strengthening of SEIAAs / SEACS / CPCB / SPCBs / PCCs / Urban Local Bodies (ULBs) | | f. | Payment of Salaries and other emoluments to the Contractual staff. | | g. | Development of Information Technology (IT) enabled systems. | | h. | Conducted studies as directed by forums of law | | i. | Projects related to awareness generation including through eco-clubs | | j. | Administrative expenses relating to management of funds including payment of auditors, consultants and other professional services | | k. | Innovative Technology demonstration projects pertaining to Clean Technology for environment protection. | | l. | Any other purpose as may be considered by the Governing body to be relevant for the protection of environment. | | 5. | Utilization of Funds by Central Government | | a. | Installation of Continuous Water Quality Monitoring Stations, Continuous & Manual Ambient Air Quality Monitoring Stations and Ambient Noise Monitoring Stations for strengthening of existing environmental monitoring network. | | b. | Development of New/ Upgradation of Enviromental Laboratories, as per requirement. | | c. | Preparation of Research and Development documents on Industrial Sectors / Clean Technology | | d. | Assessment of Environmental Damages, preparation of Detailed Project Reports (DPRs) and Remediation of Contaminated Sites | | e. | Capacity Building and Strengthening of SEIAAs / SEACS / CPCB / SPCBs / PCCs / Urban Local Bodies (ULBs) | | f. | Payment of Salaries and other emoluments to the Contractual staff. | | g. | Development of Information Technology (IT) enabled systems. | | h. | Conducted studies as directed by forums of law | | i. | Projects related to awareness generation including through eco-clubs | | j. | Administrative expenses relating to management of funds including payment of auditors, consultants and other professional services | | k. | Innovative Technology demonstration projects pertaining to Clean Technology for environment protection. | | l. | Any other purpose as may be considered by the Governing body to be relevant for the protection of environment. | | | TOTAL (4+5) | | 6. | Total Closing balance available at the end of the year | | Authorized Signatory of the Central Govt/State Govt./UT Administration FORM XIII FORMAT FOR ANNUAL REPORT SEE RULE 16 Annual Report as on 31st March 20.... The annual report in respect of the year last ended giving a true and full account of the activities as mentioned at Rule 10K during the previous financial year in the format below: (Amount in Rs.) S. No. | Activity | Amount sanctioned | Amount spent | Reason for shortfall 1. | | | | 2. | | | | 3. | | | | 4. | | | | Authorized Signatory of the Central Govt/State Govt./UT Administration 7. After the Appendix A, the following Appendix B shall be inserted: APPENDIX B LIST OF PRESENTING OFFICERS Sr. No. | Officer | Jurisdiction (1) | (2) | (3) 1. | The Member Secretary of the Commission for Air Quality Management (CAQM) in National Capital Region and Adjoining Areas or his authorized representative. | Jurisdiction of CAQM 2. | The Member Secretary of the Central Pollution Control Board constituted under Section 3 of the Water (Presentation and Control of pollution) Act, 1974 (6 of 1974) or his authorized representative. | Whole of India 3. | The Member Secretary of the State Pollution Control Board constituted under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and under Section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative | Whole of State 4. | The Member Secretary of the Committee notified under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) in respect of Union Territories or his authorized representative. | Whole of Union Territory 5. | Regional Director of the Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution), Act, 1974 (6 of 1974) or his authorized representative. | Within their respective Region 6. | Regional Officers of the State Pollution Control Board who have been delegated powers under Section 20, 21 and 23 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative | Area as laid down by the State Board 7. | Regional Officers of the Pollution Control Committee who have been delegated powers under Section 20, 21 and 23 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative | Area as laid down by the Pollution Control Committee 8. | Scientist 'B', 'C' ‘D', ‘E' ‘F' and 'G', of Regional Offices (ROs) and Sub Regional Offices (SROs) of the MoEF&CC. | Respective jurisdictions of the ROs and SROS 9. | Collector or his authorized representative. | Whole of Revenue District 10. | Sub-Divisional Magistrate or his authorized representative. | Whole of Sub-Division. 11. | Any regional / Zonal Officers or a Director in Charge of a Region / Zone of the Ganga Project Directorate or his authorized representative. | Zonal / Regional area as laid down by the Ganga Project Directorate 12. | Any Deputy Secretary, Director, Joint Secretary or Additional Secretary to the Government of India in the Ganga Project Directions or his authorized representative. | Whole of the State in which the Ganga Action Plan in under implementation 13. | Seed Inspector (s) or his authorized representative. | Area (s) as laid down by the respective State Government. In the Notification issued under Clause 12 of the Seed (Control) Order, 1983 [F. No. IA-Z-11013/20/2022-IA-II(IND-I)] Dr. SUJIT KUMAR BAJPAYEE, Jt. Secy. Uploaded by Directorate of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054 Digitally signed by SARVESH KUMAR SRIVASTAVA Date: 2024.07.19 22:49:07 +0530