Rule, 2016

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

ORDER

New Delhi, the 4th July, 2016

S.O. 2311(E).—Whereas in pursuance of the order dated the 7th January, 1998 of the Hon’ble Supreme Court in Writ Petition (C) No. 13029 of 1985, the Central Government constituted the Environment Pollution (Prevention and Control) Authority (hereinafter referred to as the ‘EPCA’), vide notification of the Government of India, in the erstwhile Ministry of Environment and Forests, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number

S.O.93 (E), dated the 29th January, 1998;

And whereas, the EPCA was constituted with the objective of protecting and improving the quality of the environment and preventing and controlling environmental pollution in the National Capital Region; And whereas, the EPCA is assisting the Hon’ble Supreme Court in various environment related matters in the National Capital Region in terms of the above referred notification; And whereas, the tenure of the EPCA was extended from time to time by the Central Government and lastly it was extended up to 30th June, 2015 vide notification of the Government of India, in the Ministry of Environment, Forests and Climate Change, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number

S.O. 606(E), dated the 23rd February, 2015;

And whereas, the tenure of EPCA expired on the 30th June, 2015; And whereas, an Interlocutory Application was filed before the Hon’ble Supreme Court for extension of tenure, re-constitution and modification of the mandate of the EPCA for National Capital Region headed by Shri Bhure Lal, Chairman;

And whereas, the Hon’ble Supreme Court vide its order dated 30th April, 2016 has allowed the said Interlocutory Application dated 17th February, 2016;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the said Act); and in pursuance of the order dated the 30th April, 2016 of the Hon’ble Supreme Court in Writ Petition (C) No. 13029 of 1985, the Central Government hereby in supersession of the notification of the Government of India in the erstwhile Ministry of Environment and Forests number

S.O. 93(E), dated the 29th January, 1998, except as things done or omitted to be done before such supersession, re- constitutes the Environment Pollution (Prevention and Control) Authority, consisting of the following persons, namely:-

(1) Sri Bhure Lal, ex-Secretary, Government of India - Chairman;

(2) Ms. Sunita Narain, Director General, Centre for Science and Environment, New Delhi - Member;

(3) Secretary (Environment and Forests), Government of National Capital Territory of Delhi - Member;

(4) Member Secretary, Central Pollution Control Board, Delhi - Member;

(5) Commissioner-cum-Secretary, Transport Department, Government of National Capital Territory of Delhi -Member;

(6) Chairperson, New Delhi Municipal Council, New Delhi - Member;

(7) Commissioner, East Delhi Municipal Corporation - Member;

(8) Commissioner, South Delhi Municipal Corporation - Member;

(9) Commissioner, North Delhi Municipal Corporation - Member;

(10) Chief Executive Officer, Delhi Jal Board, New Delhi - Member;

(11) Joint Commissioner of Police (Traffic), Delhi Police - Member;

(12) Professor Mukesh Khare, Department of Civil Engineering, Indian Institute of Technology, New Delhi - Member;

(13) Dr. Atul Kumar Johari, Professor, School of Life Sciences, Jawaharlal Nehru University, New Delhi - Member;

(14) Shri Ajay Kumar Bhagi, Associate Professor, Department of Chemistry, Dayal Singh College, University of Delhi - Member;

(15) Shri Vishnu Mathur, Director General, Society of Indian Automobile Manufacturers - Member;

2. The Authority shall exercise the following powers and perform the following functions for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, namely:-

(a) exercise the powers under section 5 of the said Act for issuing directions in respect of complaints relating to the violation of an order by any authority or measure specified pertaining to-

(i) standards for the quality of the environment in its various aspects;

(ii) standards for emission or discharge of environmental pollutants from various sources;

(iii) restriction of areas in which any industries, operations or processes of class of industries or process shall not be carried out or shall be carried out subject to certain safeguards;

(iv) procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(v) procedures and safeguards for the handling of hazardous substances.

(b) shall have the power to take up matters as mentioned above, suo-motu, or on the basis of complaints made by any individual, representative body or organisation functioning in the field of environment. Such complaints may be against any individual, association, company, public undertaking or local body carrying on any industry, operation or process.

3. The Authority shall, for controlling vehicular pollution, take all necessary steps to ensure compliance of specified emission standards by vehicles including proper calibration of the equipment for testing vehicular pollution, ensuring compliance of fuel quality standards, monitoring and coordinating action for traffic planning and management.

4. The Authority shall, for ensuring maintenance of the prescribed ambient noise standards, have the power to issue directions under section 5 of the said Act, including banning or restricting any industry, process or operation emitting noise.

5. The Authority shall deal with environmental issues pertaining to the National Capital Region which may be referred to it by the Central Government.

6. The Authority shall exercise the powers of entry, inspection, search and seizure under section 10 of the said Act, in respect of any action to be taken under paragraph 2 of this Order.

7. The Authority shall exercise the power to take samples under section 11 of the said Act, in respect of any action to be taken under paragraph 2 of this Order.

8. The Authority shall exercise the powers under section 19 of the said Act, for making complaints against offences under the said Act and for non-compliance of directions issued by it under paragraph 2 of this Order.

9. The Authority shall have jurisdiction over the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985).

10. The foregoing powers and functions of the Authority shall be subject to the supervision and control of the Central Government.

11. The tenure of the Authority shall be for a period of two years from the date of publication of this notification in the Official Gazette.

12. The Authority shall furnish a progress report about its activities once in a month to the Central Government.

13. The Authority shall have its headquarters in National Capital Region. Dr. RASHID HASAN, ADVISOR and Published by the Controller of Publications, Delhi-110054.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986