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Core Purpose

Amends a 2017 notification regarding the Eco-Sensitive Zone around Rakchham-Chitkul Wildlife Sanctuary by reconstituting its Monitoring Committee.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, Government of India, issues a notification amending the previous notification S.O. 2404(E) dated 26th July, 2017, which had declared an Eco-Sensitive Zone around Rakchham-Chitkul Wildlife Sanctuary in Himachal Pradesh. This amendment is deemed necessary and expedient in the public interest, allowing the Central Government to dispense with the requirement for public notice under the Environment (Protection) Rules, 1986. The amendment replaces paragraph 5 of the original notification with a new paragraph establishing a Monitoring Committee. The committee is composed of the District Magistrate, Kinnaur (Chairman); representatives from NGOs and experts in environment/wildlife nominated by the Himachal Pradesh Government; Member Secretary/Member of the State Biodiversity Board; Executive Engineer of the Himachal Pradesh State Pollution Control Board; Sub District Magistrate, Kalpa; and Divisional Forest Officers for Territorial and Wildlife (the latter serving as Member Secretary). The committee's functions include scrutinizing activities within the Eco-sensitive Zone based on site conditions, referring relevant activities for environmental clearances, examining other activities, filing complaints under the Environment (Protection) Act, 1986, inviting experts and stakeholders, and submitting annual action taken reports by June 30th to the Chief Wildlife Warden of the State.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21042025-262575 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 1762] NEW DELHI, THURSDAY, APRIL 17, 2025/CHAITRA 27, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 17th April, 2025 S.O. 1795(E).-WHEREAS, the Central Government, 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 with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, issued a notification to declare an Eco-Sensitive Zone around Rakchham-Chitkul Wildlife Sanctuary, Himachal Pradesh in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide S.O. 2404(E), dated the 26th July, 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. 2404(E), dated the 26th July, 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 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 S.O. 2404(E), dated the 26th July, 2017, namely:- “5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely: - (i) District Magistrate, Kinnaur Chairman, ex-officio; (ii) One representative of a Non-Governmental Organisation Member; working in the field of Environment or Wildlife (including heritage conservation) to be nominated by the Government of Himachal Pradesh from time to time every three years (iii) An expert in the area of ecology and environment to be Member; nominated by the Government of Himachal Pradesh from time to time every three years. (iv) Member Secretary or Member, State Biodiversity Board Member, ex-officio; (v) Executive Engineer, Himachal Pradesh State Pollution Control Member, ex-officio; Board (vi) Sub District Magistrate, Kalpa Member, ex-officio; (vii) Divisional Forest Officer, Territorial Member, ex-officio; (viii) Divisional Forest Officer (Wildlife) 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 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. (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 concerned regulatory authorities. (4) 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. (5) The Monitoring Committee may invite representative or expert from the Department concerned, representative from industry associations or stakeholders to assist in its deliberations depending on the requirements on 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 by the 30th June of that year to the Chief Wildlife Warden of the State in proforma specified in Annexure-III. (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. 25/193/2015-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 S.O. 2404(E), dated the 26th July, 2017.

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