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Core Purpose

Amends notification S.O. 2172(E) dated August 27, 2014 regarding the Eco-Sensitive Zone around Barsey Rhododendron Sanctuary, Sikkim by reconstituting the Monitoring Committee.

Detailed Summary

This notification amends the composition of the Monitoring Committee for the Eco-Sensitive Zone around Barsey Rhododendron Sanctuary, Sikkim, originally established by notification S.O. 2172(E) dated August 27, 2014. The reconstituted committee, formed by the Central Government, comprises twelve members including officials from the Sikkim Government such as the Chief Secretary, Chief Wild Life Warden, and Principal Chief Conservator of Forests. It also includes representatives from the State Pollution Control Board, Govind Ballabh Pant National Institute of Himalayan Environment, and non-governmental organizations. The committee is tasked with monitoring activities within the Eco-Sensitive Zone, scrutinizing them against notification S.O. 1533 (E) of 2006 and referring cases for environmental clearances to the Central Government or the State Environment Impact Assessment Authority. It is also empowered to scrutinize activities not listed in the 2006 notification but within the Eco-Sensitive Zone and refer them to regulatory authorities, file complaints under the Environment (Protection) Act, 1986 for violations, invite experts or stakeholders for consultation, and submit annual action reports to the Chief Wildlife Warden.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-26032025-261951 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 1362] NEW DELHI, TUESDAY, MARCH 25, 2025/ CHAITRA 4, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 25th March, 2025 S.O. 1380(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 Barsey Rhododendron Sanctuary, Sikkim in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2172(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. 2172(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. 2172(E), dated the 27th August, 2014, namely:- In the said notification, for paragraphs 5 the following paragraph shall be substituted, namely: - "5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (1) Chief Secretary, Government of Sikkim Chairman, ex officio; (2) Chief Wild Life Warden, Government of Sikkim Member, ex officio; (3) Principal Chief Conservator of Forests, Government of Member, ex officio; Sikkim (4) One representative of the State Pollution Control Board Member, ex officio; (5) One expert in ecology or environment or wildlife from Member; 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 (6) One representative of a Non-Governmental Organization Member; working in the field of Environment or Wildlife (including heritage conservation) to be nominated by the Government of Sikkim for a period of three years (7) One representative of Rural Management and Member, ex officio; Development Department, Government of Sikkim (8) One representative of Agriculture Department, Member, ex officio; Government of Sikkim (9) One representative of Urban Development and Housing Member, ex officio; Department, Government of Sikkim (10) District Collector Concerned Member, ex officio; (11) Divisional Forest Officer (In-charge of Protected Area) Member, ex officio; (12) 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 may be, 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 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 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 the 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 action taken report of its activities annually for the period up to the 31st March of every year to the Chief Wildlife Warden by the 30th June of that year in proforma specified in Annexure V. (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. 25/8/2013-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. 2172(E), dated the 27th August, 2014 and was last amended vide number S.O. 4245(E), dated the 27th September, 2023.

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