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Official Legislative Archive

The Indian Antarctic Bill, 2022

SECTION Section 1

Untitled Section

•THE INDIAN ANTARCTIC BILL, 2022
•——————
•ARRANGEMENT OF CLAUSES
•——————
SECTION Section 10

Untitled Section

12.Permit for waste disposal.
SECTION Section 100

Untitled Section

27.(1) Every application for grant of permit under this Act shall be made to the
•Committee in accordance with the provisions of this Chapter.
(2)Every application under sub-section ( 1) shall be in such form, contain such
•particulars and be accompanied by such fees as may be prescribed.
(3)The Committee may, after making such inquiry as it deems fit and having regard to
•the particulars referred to in sub-section ( 4), and subject to such terms and conditions as
•may be prescribed, grant permit for the purposes of this Act.
(4)While granting permit under sub-section (3), the Committee shall have regard to
•the following matters, namely:—
(a)adverse effect on climate or weather patterns;
(b)adverse effect on air, snow, soil, land or water quality;
(c)significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or
•marine environment;
(d)harmful changes in the distribution, abundance or productivity of native
•microbes, animal or plant species or their population;
(e)harm or jeopardise endangered species or population;
(f)harm or significantly jeopardise the areas of environmental, biological,
•geological, scientific, historic, wilderness or aesthetic significance or of a primeval
•nature; and
(g)such other significant detrimental effects on the Antarctic environment and
•its dependent and associated ecosystems as may be prescribed.
•Application
•for permit.
•Power of
•Central
•Government
•to give
directions.
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(5)The Committee shall, before issuing a permit, require the applicant to carry out the
•environmental impact assessment of the proposed activities in such manner as may be
•prescribed and shall issue a permit if the conditions specified therein has been complied
•with:
•Provided that any application for a permit relating to activities in Antarctica which
•has reasonable apprehension of causing less than a minor or transitory impact on the
•environment shall be made to the Committee six months prior to the commencement of the
•proposed activity:
•Provided further that while examining an activity, the Committee shall take into
•account the opinion of the independent experts:
•Provided also that if after examination, the Committee is satisfied that such activity
•has reasonable apprehension of causing minor or transitory impact on the environment,
•then it shall require the applicant to conduct an Initial Environmental Evaluation and to
•submit a report thereon to it, three months prior to the commencement of the proposed
•activity:
•Provided also that if after conducting the Initial Environmental Evaluation, the
•Committee is of the opinion that the activities will have more than a minor or transitory
•impact on the environment, it shall require the applicant to conduct a Comprehensive
•Environmental Evaluation and to submit a report thereon.
(6)Notwithstanding anything contained in this Act, the Committee shall not grant a
•permit under this section authorising any person or a vessel or an aircraft on an Indian
•expedition, unless it is satisfied that a waste management plan and an emergency plan for
•the expedition have been prepared in such manner as may be prescribed:
•Provided that the waste management plan shall include details of such wastes which
•are intended to be shipped from Antarctica into the Indian territory or territory of any other
•Party for disposal.
Explanation.—For the purposes of this sub-section,—
(i)"waste management plan" means the waste management plan referred to in
•sub-section (3) of section 34;
•(ii) "emergency plan" means a plan to meet the environmental emergency referred
•to in section 39.
(7)The permit granted under this section, unless sooner revoked, shall remain in
•force for such period as specified in the permit and may be renewed, on an application made
•in this behalf sixty days before the date of its expiration, for such period and on payment of
•such fees as may be prescribed:
•Provided that a permit may be renewed on an application made within sixty days
•before the date of its expiration, if the Committee is satisfied that there was sufficient cause
•for not making the application on time.
SECTION Section 101

Untitled Section

28.Notwithstanding anything contained in any other law for the time being in force,
•where a vessel or aircraft is part of an Indian expedition or fishing in Antarctica but whose
•owner or Operator who is not part of such expedition or fishing, then such owner or
•Operator who is sufficiently identified in the permit, either by class or other description
•shall also be bound by the conditions of the permit.
SECTION Section 102

Untitled Section

29.(1) If the Committee has reasonable grounds to believe that the holder of any
•permit has made any incorrect or false statement or concealed any material fact in the
•Liability of
•owner or
•Operator in
•certain cases.
•Suspension or
•cancellation
•of permit.
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•application or has contravened any of the provisions of this Act or the rules or orders made
•or notifications issued thereunder or contravened any conditions of permit, it may, by order,
•suspend the permit pending the completion of any inquiry against such permit holder.
(2)After making an inquiry under sub-section ( 1), the Committee may, without
•prejudice to any other penalty to which such permit holder may be liable under the provisions
•of this Act, cancel the permit:
•Provided that no permit shall be suspended under sub-section (1) or cancelled under
•this sub-section, unless the holder of the permit has been given a reasonable opportunity
•of being heard:
•Provided further that the Committee may suspend or cancel a permit without giving
•the permit holder an opportunity of being heard, if it is satisfied, for reasons to be recorded
•in writing, that it is not reasonably practicable to do so.
(3)Notwithstanding anything contained in sub-section ( 1) or sub-section ( 2), the
•Central Government or the Committee may, in the interest of national security, maintenance
•of law and order or any other matter of public interest and without prejudice to any additional
•penalty to which such permit holder may be liable under the provisions of this Act, order the
•suspension or cancellation of such permit.
(4)Any person whose permit has been suspended under sub-section ( 1) shall,
•immediately after such suspension, stop all activities in respect of which the permit has
•been granted, until the order of suspension has been revoked.
(5)Every holder of a permit which is suspended or cancelled shall, immediately after
•such suspension or cancellation, surrender the permit to the Committee.
(6)Every order of suspension or cancellation of a permit under this section shall be in
writing.
SECTION Section 103

Untitled Section

•CHAPTER VI
•I
•NSPECTIONS
SECTION Section 104

Untitled Section

30.(1) The Central Government may designate any officer as an Inspector, having
•such qualifications and experience as may be prescribed, for performing the duties and
•exercising the powers of inspections in India under this Act.
(2)The Inspector may, for the purposes of this Act—
(a)enter and search any place including vessel, container, platform anchored at
•sea, shipping container or conveyance;
(b)examine any substance, product or thing;
(c)open and examine any receptacle or package, if it contains any doubtful
•substance, product or other thing;
(d)examine any book, record, data or other documents and make copies or take
•extracts of the same;
(e)take samples of things, if relevant;
(f)conduct any test or take any measurement; and
(g)such other functions as may be prescribed.
(3)The Inspector may confiscate a sample taken in violation of the permit issued
•under this Act.
(4)The owner or person-in-charge of a place being inspected and every person found
•in the place of inspection shall—
(a)extend all reasonable assistance to enable the Inspector to carry out his
•duties under this Act; and
•Inspection in
India.
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(b)provide any information which the Inspector may require.
SECTION Section 105

Untitled Section

31.(1) The Committee shall constitute an inspection team consisting of such number
•of observers as it may deem necessary and shall designate one of them as the head of the
•team, for the purposes of carrying out inspections in Antarctica in such manner as may be
prescribed.
(2)The Committee may designate any of its officer having such qualification and
•experience as may be prescribed, to be an Analyst who shall be a part of the inspection
team.
(3)The Analyst shall collect and examine any sample or matter and perform such
•other duties as may be delegated to him by the head of the inspection team.
(4)The inspections in Antarctica may be carried out jointly with one or more Parties,
•if deemed necessary.
(5)The inspection team may inspect any station after giving prior notice to the Party
•or Parties whose station it proposes to inspect.
(6)The inspection team may, at any reasonable time, enter any place including vessel,
•aircraft container, platform anchored at sea, shipping container or conveyance, managed by
•India in Antarctica to which it has reasonable grounds to believe that the provisions of this
•Act apply:
•Provided that nothing in this sub-section shall apply to such vessel or aircraft which
•is not part of an Indian expedition.
(7)The inspection team may, at any reasonable time, board or travel in a vessel or an
•aircraft in Antarctica and may carry out inspection of such vessel or aircraft or its
•communication system after giving prior notice to the Party concerned.
(8)Notwithstanding anything contained in this section, the inspection team shall not
•inspect any station, installation, equipment, platform anchored at sea, shipping container
•or conveyance that is owned by a person who is neither a citizen of India nor a part of Indian
•expedition unless due notice for inspection of the property or installation has been served
•to the Party who is the owner of such property or installation.
(9)The owner of a place or a person-in-charge of a place being inspected under this
•Act and every person found in the place shall give all reasonable assistance to enable the
•inspection team to carry out its functions under this Act and provide with any information
•as may be required by it.
(10)The inspection team may exercise such other powers and perform such other
•functions as may be prescribed.
SECTION Section 106

Untitled Section

32.(1) No person shall obstruct an Inspector or inspection team or hinder any of them
•in performing their functions in India or in Antarctica.
(2)No person shall knowingly or negligently provide any person false or misleading
•information, results or samples or file a document containing false or misleading
information.
SECTION Section 107

Untitled Section

•CHAPTER VII
•W
•ASTE DISPOSAL AND WASTE MANAGEMENT
SECTION Section 108

Untitled Section

33.The waste disposal sites on land and abandoned worksites shall be cleaned up by
•the generators of such wastes and the users of such sites:
•Provided that the provisions of this section shall not apply if the removal of any
•structure or waste material may result in any adverse environmental impact referred to in
•sub-section (5) of section 27 than leaving the structure or waste material in its existing
location.
•Inspection of
•international
facilities.
•Obstruction
•and false
information.
•Waste
disposal.
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SECTION Section 109

Untitled Section

34.(1) The Committee shall establish a waste classification system—
(a)for recording wastes in Antarctica from activities by the persons authorised
•under this Act; and
(b)to facilitate studies on the environmental impacts of scientific activities and
•associated activities.
(2)For the purposes of sub-section (1), the wastes shall be segregated into following
•categories, namely:—
(a)sewage and domestic liquid wastes;
(b)other liquid wastes such as medical and chemical wastes including fuels and
•lubricants;
(c)solids, including organic wastes, to be incinerated;
(d)other solid wastes;
(e)radioactive material; and
(f)any other wastes as may be prescribed.
(3)The Committee shall prepare, review annually and update its waste management
•plans, including plans on waste reduction, storage and disposal, specifying for each station,
•facility, field site, field camps, vessel and aircraft—
(a)programmes for cleaning up existing wastes disposal sites and abandoned
•worksites;
(b)current and planned waste management arrangements;
(c)current and planned arrangements for analysing the environmental effects
•of waste and waste management;
(d)other measures aimed at minimising the environmental effects of waste and
•waste management.
(4)No separate information shall be required for small boats which are part of the
•operations of fixed sites or of vessels.
(5)The existing management plans for vessels and aircraft shall be taken into account
•in preparing the waste management plans under this section.
(6)The Committee shall, as far as practicable, prepare an inventory of locations of
•past activities, including traverses, fuel depots, field bases, crashed aircraft or any other
•accidents and such other areas as may be prescribed.
(7)The waste management plans and reports on their implementation shall be included
•in the annual exchange of information with other Parties to the Treaty.
(8)The Committee shall appoint or designate a waste management officer for each
•station, facility and worksite who shall monitor the implementation of the waste reduction
•and disposal plans and make proposals for their continued development.
SECTION Section 11

Untitled Section

13.Permit for discharge into sea.
SECTION Section 110

Untitled Section

35.(1) The following wastes produced in Antarctica by generators of such wastes
•shall be removed from there, namely:—
(a)radioactive substances within the meaning of the Atomic Energy Act, 1962;
(b)all kinds of batteries or components thereof;
(c)fuel, both liquid and solid;
(d)wastes containing harmful levels of heavy metals or acutely toxic or harmful
•persistent compounds;
•Establishment
•of waste
•classification
•system and
•waste
•management
plans.
•Removal of
•wastes from
Antarctica.
•33 of 1962.
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(e)Polyvinyl chloride, polyurethane, polystyrene foam, rubber, lubricating oils,
•treated timbers and other products which contain additives that may produce harmful
•emissions, if incinerated;
(f)all other plastic wastes;
(g)fuel drums other than those required for logistics purposes;
(h)other solid, non-combustible wastes including but not restricted to glass
•and metal scraps;
(i)residues of carcasses of imported animals;
(j)laboratory culture of microorganisms and plant pathogens;
(k)introduced avian products;
(l)ash and products of incineration;
(m)unserviceable machineries and equipment including electronics; and
(n)such other wastes as may be prescribed.
(2)The provisions of sub-section ( 1) shall not apply to wastes,—
(a)if they are incinerated, autoclaved or otherwise treated to be made sterile; or
(b)if the removal of such wastes shall result in greater adverse environmental
•impact referred to in sub-section (5) of section 27, than leaving them in their existing
locations.
(3)The domestic wastes and other liquid wastes shall be treated before removing
•from Antarctica and shall be disposed of on ice-free land areas, sea ice, ice shelves or the
•grounded ice-sheet and shall not be discharged into the lake either directly or indirectly:
•Provided that the standards for effluent discharge shall be such as may be prescribed.
(4)The provisions of sub-section (3) shall not apply to substances generated by station
•located on ice shelves or the grounded ice-sheet, provided that such wastes are disposed of
•after treatment in deep ice pits which is the only practicable option and such pits are not located
•on known ice-flow lines which terminate at ice-free areas or in areas of high ablation.
(5)The wastes under this section shall be disposed of into the sea subject to a permit
•issued in that regard under section 12.
(6)The wastes generated at field camps shall be removed to supporting stations or
•vessels for disposal.
SECTION Section 111

Untitled Section

36.(1) The combustible wastes which are not removed by generators of such wastes
•shall be burnt in incinerators to a maximum extent practicable to avoid harmful emissions
•and shall not be burned openly.
(2)The standards for emission from incineration of wastes under sub-section (1) and
•from other equipment and vehicles shall be such as may be prescribed.
SECTION Section 112

Untitled Section

37.(1) All wastes to be removed from Antarctica, or otherwise disposed of by the
•generators of such wastes, shall be segregated, contained, confined and stored in such a
•way so as to prevent their dispersal into the environment.
(2)The containers and tank-systems holding or used for storing hazardous wastes
•shall be—
(a)in good and non-leaking condition;
(b)made of or lined with materials which will not react with, and are otherwise
•compatible with, the wastes to be stored, so that the ability of the containers to
•contain such waste is not impaired;
•Disposal of
•combustive
wastes.
•Storage of
wastes.
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(c)stored in a manner that allows access for inspection and response to
•emergencies; and
(d)inspected at least once in a week for identifying any leakage and deterioration
•thereof and shall be documented.
SECTION Section 113

Untitled Section

•CHAPTER VIII
•PREVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL EMERGENCY
SECTION Section 114

Untitled Section

38.( 1) The committee shall ensure compliance of any activity undertaken in the
•Antarctic environment and dependent and associated ecosystems by the permit holder,
•including compliance of such International Conventions or Treaty or Protocol or such
•other international obligations, as may be prescribed.
(2)The permit holder shall maintain records of all wastes and sewages, including all
•introductions and discharges into the marine environment caused by operation of vessels
•as part of the activity and the said records shall be submitted to the Director General
•appointed under the Merchant Shipping Act, 1958 and the Committee, whenever required.
39.(1) If an environmental emergency occurs from any activity in Antarctica and
•dependent and associated ecosystems, the Operator shall, without delay, take effective
•response action and inform the Committee and the Director General appointed under the
•Merchant Shipping Act, 1958 of such environmental emergency and thereafter, the Committee
•shall transmit it to the Parties to the Treaty.
(2)If no response action is taken by the Operator under sub-section ( 1) and the
•nature of the environmental emergency requires immediate response action, the Party, where
•the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and
•the Operator shall be liable to pay the cost of such response action taken by the Party or
•Parties, as may be prescribed in accordance with Annex VI to the Protocol.
(3)If no response action is taken by the Operator or by any Party or Parties, the
•Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI
•to the Protocol.
Explanation.—For the purposes of this section, the expression "environmental
•emergency" means any unforeseen or accidental event that results in, or imminently threatens
•to result in, significant and harmful impact on the Antarctic environment.
SECTION Section 115

Untitled Section

40.An Operator shall not be liable for an environmental emergency under
SECTION Section 116

Untitled Section

•section 39, if it is proved that such emergency is caused by—
(a)an act or omission that was necessary to protect human life;
(b)a natural disaster of an extraordinary nature which could not reasonably be
•foreseen and the Operator had taken all reasonable measures to reduce the risk and
•potentially harmful effects of the environmental emergency;
(c)an act of terrorism; and
(d)an act of war aimed at the Operator's activity:
•Provided that the Operator shall submit an explanation to the Committee of his act or
•omission within a period of sixty days from the date of such emergency, stating the reasons
therefor.
SECTION Section 117

Untitled Section

•CHAPTER IX
•O
•FFENCES AND PENALTIES
SECTION Section 118

Untitled Section

41.Any person who contravenes the provisions of,—
(a)section 4 or section 5 or section 8 or section 12 or section 18 or section 19 or
SECTION Section 119

Untitled Section

•section 20 or section 21 or sub-section ( 4) of section 29 or section 36 or section 37,
•shall be punishable with imprisonment for a term which may extend to two years, or
•Committee to
•ensure
•compliance of
•international
obligations.
•Duties and
•liabilities of
•Operator in
•case of
•environmental
emergency.
•Exemption of
•Operator from
•liability in
•certain cases.
•Penalty for
•contravention
•of certain
•provisions of
•Act by person.
•44 of 1958.
•44 of 1958.
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•with fine which shall not be less than ten lakh rupees but which may extend to fifty
•lakh rupees, or with both;
(b)section 7 or section 9 or section 10, shall be punishable with imprisonment
•for a term which may extend to seven years and with fine which shall not be less than
•ten lakh rupees but which may extend to fifty lakh rupees;
(c)section 17, shall be punishable, with—
(A)an imprisonment for a term which shall not be less than twenty years
•but which may extend to imprisonment for life and with fine which shall not be
•less than fifty crore rupees for any nuclear explosion in Antarctica; and
(B)an imprisonment for a term which shall not be less than fourteen years
•but which may extend to imprisonment for life and with fine which shall not be
•less than twenty-five crore rupees for disposal of any radioactive waste material
•in Antarctica.
(d)section 11 or section 16 or section 33 or section 35, shall be punishable with
•imprisonment for a term which may extend to three years, or with fine which shall not
•be less than fifteen lakh rupees but which may extend to seventy-five lakh rupees, or
•with both;
(e)section 14 or section 32, shall be punishable with imprisonment for a term
•which may extend to one year, or with fine which shall not be less than five lakh
•rupees but which may extend to twenty lakh rupees, or with both.
SECTION Section 12

Untitled Section

14.Permit for removal of biological specimen or any other sample from Antarctica.
SECTION Section 120

Untitled Section

42.Where the contravention involves a vessel under this Act, the Operator of such
•vessel shall be punishable,—
(a)for contravention of section 6 or section 11 or section 12 or section 13 or
SECTION Section 121

Untitled Section

•section 18 or section 19 or section 21 or section 22, with imprisonment for a term
•which may extend to three years, or with fine which shall not be less than one crore
•rupees but which may extend to five crore rupees, or with both;
(b)for contravention of section 7 or section 9 or section 39, with imprisonment
•for a term which may extend to seven years and with fine which shall not be less than
•two crore rupees but which may extend to ten crore rupees, or with both.
SECTION Section 122

Untitled Section

43.Where the contravention involves an aircraft under this Act, the Operator of such
•aircraft shall be punishable,—
(a)for contravention of section 6 or section 11 or section 12 or section 19 or
SECTION Section 123

Untitled Section

•section 21, with imprisonment for a term which may extend to three years, or with fine
•which shall not be less than one crore rupees but which may extend to five crore
•rupees, or with both;
(b)for contravention of section 9, with imprisonment for a term which may
•extend to seven years and with fine which shall not be less than two crore rupees but
•which may extend to ten crore rupees, or with both.
SECTION Section 124

Untitled Section

44.Any person who contravenes the provisions of this Act or fails to comply with
•any provision thereof which it was his duty to comply with, and in respect of which no
•penalty is specifically provided in this Act, shall be punishable with fine which may extend
•to ten lakh rupees.
SECTION Section 125

Untitled Section

45.(1) Where any offence under this Act has been committed by a company, every
•person who at the time the offence was committed was in-charge of, or was responsible to,
•the company for the conduct of the business of the company as well as the company, shall
•be deemed to be guilty of the offence and shall be liable to be proceeded against and
•punished accordingly:
•Penalty for
•contravention
•of certain
•provisions of
•Act involving
vessel.
•Penalty for
•contravention
•of certain
•provisions of
•Act involving
aircraft.
•Penalty where
•no provision
•made in Act.
•Offences by
companies.
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•Provided that nothing contained in this sub-section shall render any such person
•liable to any punishment if he proves that the offence was committed without his knowledge
•or that he had exercised all due diligence to prevent the commission of such offence.
(2)Notwithstanding anything contained in sub-section (1), where any offence under
•this Act has been committed by a company and it is proved that the offence has been
•committed with the consent or connivance of, or is attributable to any neglect on the part of,
•any director, manager, secretary or other officer of the company, such director, manager,
•secretary or other officer shall be deemed to be guilty of that offence and shall be liable to
•be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a)"company" means any body corporate and includes a firm or other
•association of individuals; and
(b)"director", in relation to a firm, means a partner of the firm.
SECTION Section 126

Untitled Section

•CHAPTER X
•M
•ISCELLANEOUS
SECTION Section 127

Untitled Section

46.(1) There shall be constituted a fund to be called the Antarctic Fund and there
•shall be credited thereto,—
(a)all fees received for grant of permit and charges collected for Antarctic
•related activities under this Act;
(b)any grant or loans that may be made by the Central Government for the
•purposes of this Act; and
(c)any grant or loans that may be made by any institution for the purposes of
•this Act.
(2)The fund shall be applied towards the welfare of Antarctic research work and
•protection of Antarctic environment.
(3)The Committee shall maintain and administer the fund in such manner as may be
prescribed.
SECTION Section 128

Untitled Section

47.(1) The Committee may require such applicants to deposit such amount as security
•in such form as may be prescribed.
(2)The security amount may be applied by the Committee to reimburse the
•Government, either fully or partially, for reasonable costs incurred by the Government in
•preventing, mitigating or remedying any adverse environmental impact caused by the permit
•holder or persons or vessels bound by conditions of the permit.
SECTION Section 129

Untitled Section

48.(1) For the purposes of providing speedy trial of offences under this Act, the
•Central Government, after consulting the Chief Justice of the concerned High Court or High
•Courts as it may consider necessary, shall specify by notification, one or more Court of
•Sessions, to be the Designated Court and may specify the territorial jurisdiction of such Court.
(2)The Designated Court shall have jurisdiction to try any offence punishable under
•this Act.
(3)No Designated Court shall take cognizance of an offence punishable under this
•Act except upon a complaint in writing made by an officer authorised in this behalf by the
•Central Government by notification.
(4)The Designated Court may, upon perusal of a complaint made under this Act, take
•cognizance of that offence without the accused being committed to it for trial.
(5)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, for
•the purposes of conferring jurisdiction, an offence under this Act, committed by any person
•or Operator in Antarctica shall be deemed to have been committed in India.
•Constitution
•of fund.
•Security for
•permit by
•certain
persons.
•Designated
•Court and
jurisdiction.
•2 of 1974.
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(6)While trying an offence under this Act, the Designated Court may also try an
•offence under any other law, other than an offence under this Act with which the accused
•may be charged at the same trial under the Code of Criminal Procedure, 1973.
SECTION Section 13

Untitled Section

15.Certain provisions not to apply during emergencies.
SECTION Section 130

Untitled Section

49.Where an offence under this Act has been committed, the officer designated by
•the Committee or the head of a station in Antarctica or an Operator shall immediately report
•to the Committee of such offence and thereafter, the Committee shall transmit it to the
•Central Government for necessary action.
SECTION Section 131

Untitled Section

50.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
•for the purposes of this Act, the Central Government may, by notification, confer on any
•officer of the Central Government or State Government or Committee, the power of arrest,
•investigation, search and seizure and prosecution exercisable by a police officer under the
•said Code.
(2)The officers of police shall assist the officer referred to in sub-section ( 1), in the
•execution of the provisions of this Act.
SECTION Section 132

Untitled Section

51.Save as otherwise provided in this Act, the provisions of the Code of Criminal
•Procedure, 1973 shall apply to the proceedings before a Designated Court and the person
•conducting a prosecution before a Designated Court shall be deemed to be a Public
Prosecutor.
52.(1) The Committee shall maintain proper accounts and other relevant records in
•relation to the fund and prepare an annual statement of accounts, including the profit and
•loss account and the balance-sheet, in such form as may be prescribed, in consultation with
•the Comptroller and Auditor-General of India.
(2)The accounts of the fund shall be audited by the Comptroller and Auditor-General
•of India at such intervals as may be specified by him.
SECTION Section 133

Untitled Section

53.(1) The Committee shall furnish to the Central Government, at such time and in
•such form and manner as may be prescribed, or as the Central Government may direct, such
•returns and statements with such particulars with regard to any proposed or existing
•programme for the promotion and development of the environmental protection in Antarctica,
•as the Central Government may, from time to time, require.
(2)Without prejudice to the provisions of sub-section ( 1), the Committee shall, as
•soon as possible after the end of each financial year, submit to the Central Government a
•report in such form and manner as may be prescribed, giving a true and full account of its
•activities, policies and programmes undertaken during the previous financial year.
54.No suit, prosecution or other legal proceeding shall lie against the Central
•Government, State Government or the Committee or its members, officers and other employees
•or any officer authorised by the Central Government or the Committee for anything which is
•in good faith done or intended to be done in pursuance to the provisions of this Act.
SECTION Section 134

Untitled Section

55.(1) The Central Government may make rules to carry out the provisions of this
Act.
(2)Without prejudice to the generality of the foregoing power, such rules may provide
•for all or any of the following matters, namely:—
(a)the Antarctic Specially Protected Area and Marine Protected Area under
SECTION Section 135

Untitled Section

•section 11;
(b)any other species under clause ( d) of sub-section (1) of section 14;
•2 of 1974.
•Report to
•Committee of
offences.
•Conferment
•of powers of
•investigation,
etc.
•Application of
•Code of
•Criminal
•Procedure,
•1973 to
•proceedings
•before
•Designated
Court.
•Accounts and
•audit of fund.
•Returns and
reports.
•2 of 1974.
•2 of 1974.
•Protection of
•action taken
•in good faith.
•Power to
•make rules.
•5
•10
•15
•20
•25
•30
•35
•40
•19
(c)substance or product which shall not be introduced into Antarctica under
SECTION Section 136

Untitled Section

•section 19;
(d)historic site or monument or its part under section 20;
(e)the allowances or fees for nominated members under sub-section (4) and the
•procedure to be followed by members under sub-section ( 5) of section 23;
(f)the intervals at which the Committee shall meet, the rules of procedure in
•regard to transaction of business at its meetings and its quorum under section 24;
(g)the form of application for permit, particulars and fees under sub-section (2)
•of section 27;
(h)the terms and conditions of the permit under sub-section (3) of section 27;
(i)other significant detrimental effects on the Antarctic environment and its
•dependent and associated ecosystems under clause ( g) of sub-section ( 4) of
SECTION Section 137

Untitled Section

•section 27;
(j)the manner of carrying out environmental impact assessment to be conducted
•by the applicant under sub-section (5) of section 27;
(k)the manner of preparing waste management plan and emergency plan under
•sub-section (6) of section 27;
(l)the period for which permit may be granted and fee to be paid for its renewal
•under sub-section (7) of section 27;
(m)the qualification and experience of an officer to be designated as Inspector
•under sub-section ( 1) and other functions of the Inspector under clause ( g) of
•sub-section (2) of section 30;
(n)the manner of carrying out inspections under sub-section (1), the qualification
•and experience of an Analyst under sub-section (2) and other powers and functions of
•the inspection team under sub-section (10), of section 31;
(o)any other wastes under clause ( f) of sub-section ( 2) and other areas in
•respect of which an inventory of locations may be prepared under sub-section (6), of
SECTION Section 138

Untitled Section

•section 34;
(p)such other wastes under clause (n) of sub-section (1) and the standards for
•effluent discharge under the proviso to sub-section (3), of section 35;
(q)the standards for emission of combustible wastes, equipment and vehicles
•under sub-section (2) of section 36;
(r)other International Conventions or Treaty or Protocol or other international
•obligations which the permit holder shall comply under sub-section (1) of section 38;
(s)the cost of response action under sub-section (2) and the amount of penalty
•to be paid by the Operator under sub-section (3), of section 39;
(t)the manner in which the Committee shall maintain and administer the fund
•under sub-section (3) of section 46;
(u)the category of applicants who may deposit security with the Committee, the
•form of such deposit and the security amount under sub-section (1) of section 47;
(v)the form in which the Committee shall prepare an annual statement of accounts
•under sub-section (1) of section 52;
(w)the time within which and the form and manner in which the Committee shall
•furnish to the Central Government, the returns and statements under sub-section ( 1)
•and the form and manner of report under sub-section (2), of section 53; and
•5
•10
•15
•20
•25
•30
•35
•40
•45
•20
(x)any other matter which is to be, or may be prescribed.
SECTION Section 139

Untitled Section

56.If any difficulty arises in giving effect to the provisions of this Act, the Central
•Government may, by order, published in the Official Gazette, make such provisions not
•inconsistent with the provisions of this Act as may appear to it to be necessary for removing
•the difficulty:
•Provided that no such order shall be made under this section after the expiry of a
•period of three years from the date of commencement of this Act.
SECTION Section 14

Untitled Section

16.Special permit for commercial fishing in Antarctica.
SECTION Section 140

Untitled Section

57.Every rule and every notification or order issued under this Act shall be laid, as
•soon as may be after it is made or issued, before each House of Parliament while it is in
•session, for a total period of thirty days which may be comprised in one session or in two or
•more successive sessions, and if, before the expiry of the session immediately following the
•session or the successive sessions aforesaid, both Houses agree in making any modification
•in the rule or notification or order or both Houses agree that the rule or notification or order
•should not be made or issued, the rule, notification or order shall thereafter have effect only
•in such modified form or be of no effect, as the case may be; so, however, that any such
•modification or annulment shall be without prejudice to the validity of anything previously
•done under that rule, notification or order.
•Power to
•remove
difficulties.
•Rules,
•notifications
•or orders made
•or issued to be
•laid before
Parliament.
•5
•10
•15
•21
•STATEMENT OF OBJECTS AND REASONS
•The Antarctic Treaty was signed on the 1st day of December, 1959 by twelve nations,
•namely, Argentina, Australia, Belgium, Chile, French Republic, Japan, New Zealand, Norway,
•Union of South Africa, USSR, the UK and the US which came into force on the 23rd day of
•June, 1961, after its ratification. The Treaty covers the area south of 60°S latitude. The
•Treaty's objectives are to demilitarise Antarctica, establish it as a zone for peaceful research
•activities and set aside any disputes regarding territorial sovereignty, thereby ensuring
•international cooperation.
SECTION Section 141

Untitled Section

2.The Convention on the Conservation of Antarctic Marine Living Resources
•(CCAMLR) was signed at Canberra on the 20th day of May, 1980 to protect and preserve the
•Antarctic environment and, particularly, for the preservation and conservation of marine
•living resources in Antarctica.
SECTION Section 142

Untitled Section

3.The Protocol on the Environmental Protection to the Antarctic Treaty (Madrid
•Protocol) was signed at Madrid on the 4th day of October, 1991, inter alia, to strengthen the
•Antarctic Treaty system and for the development of a comprehensive regime for the protection
•of the Antarctic environment and dependent and associated ecosystems.
SECTION Section 143

Untitled Section

4.India signed the Antarctic Treaty on the 19th day of August, 1983 and received
•consultative status on the 12th day of September, 1983. India is one of the 29 Consultative
•Parties to the Antarctic Treaty. India ratified the CCAMLR on the 17th day of June, 1985 and
•signed the Madrid Protocol on 14th day of January, 1998.
5.India is also a member of the Council of Managers of National Antarctic Programme
•(COMNAP), Scientific Committee of Antarctica Research (SCAR), and CCAMLR, which
•shows the significant position that India holds among the nations involved in Antarctic
research.With an active research station Maitri at Schirmacher Hills and a second station
•Bharati at Larsemann Hills, including Himadri station in the Arctic, India now belongs to the
•elite group of nations with multiple research stations within the Polar Regions.
6.There is growing concern over preserving the pristine Antarctic environment and
•ocean around Antarctica from exploitation of marine living resources and human presence in
Antarctica.The coordination and management of scientific research in Antarctica is
•implemented by the National Centre for Polar and Ocean Research, Goa, an autonomous
•research Institute under the Ministry of Earth Sciences. India organises regular Antarctic
•expeditions and many persons from India visit Antarctica every year as tourists. In the
•future, the private ship and aviation industry will also start operations and promote tourism
•and fishing in Antarctica, which needs to be regulated. The continuing and growing presence
•of Indian scientists in Antarctica warrants a domestic legislation on Antarctica consistent
•with its obligations as a member of the Antarctic Treaty. This is also in sync with the
•emergence of India as a global leader on important international fronts.
7.Accordingly, it is proposed to introduce the Indian Antarctic Bill, 2022 in Parliament.
•The Bill, inter alia, proposes to—
(a)prohibit Indian expedition to Antarctica or carrying of certain activities in
•Antarctica without a permit or the written authorisation of another Party to the Protocol;
(b)establish a Committee to be called the Committee on Antarctic Governance
•and Environmental Protection which shall perform the functions specified therein;
(c)provide for inspection in India by an officer designated by the Central
•Government as an Inspector and to constitute an inspection team to carry out
•inspections in Antarctica;
(d)provide for penalty for contravention of certain provisions of the Bill;
•22
(e)provide for the constitution of the fund to be called the Antarctic fund which
•shall be applied towards the welfare of Antarctic research work and protection of
•Antarctic environment;
(f)provide for Designated Courts and their jurisdiction.
SECTION Section 144

Untitled Section

8.The notes on clauses explain in detail the various provisions contained in the Bill.
SECTION Section 145

Untitled Section

9.The Bill seeks to achieve the above objectives.
•N
•EW DELHI; DR. JITENDRA SINGH.
•The 25th March, 2022.
•23
•Notes on clauses
SECTION Section 146

Untitled Section

•Clause 1 of the Bill provides for short title and commencement of the proposed legislation.
SECTION Section 147

Untitled Section

•Clause 2 of the Bill seeks to provide for application of the proposed legislation to persons
•and to the areas in Antarctica specified therein.
•Clause 3 of the Bill seeks to define the various expressions used in the proposed legislation.
SECTION Section 148

Untitled Section

•Clause 4 of the Bill seeks to prohibit any person to an Indian expedition to Antarctica
•without a permit or the written authorisation of another Party to the Protocol except in the
•case of a person who is travelling through, on or above the high seas, to an immediate
•destination outside Antarctica.
SECTION Section 149

Untitled Section

•Clause 5 of the Bill seeks to prohibit any person from entering or remaining in Indian stations
•in Antarctica without a permit or the written authorisation of another Party to the Protocol.
SECTION Section 15

Untitled Section

•CHAPTER III
•P
•ROHIBITIONS
SECTION Section 150

Untitled Section

•Clause 6 of the Bill seeks to prohibit any vessel or aircraft registered in India from entering
•or remaining in Antarctica without a permit or the written authorisation of another Party to
•the Protocol. It further provides that no permit shall be required in the case of a vessel
•travelling through, on or above the high seas, to an immediate destination outside Antarctica.
•It also provides that no permit shall be required in respect of an aircraft travelling to an
•immediate destination outside Antarctica.
SECTION Section 151

Untitled Section

•Clause 7 of the Bill seeks to prohibit certain mineral resource activities in Antarctica except
•in accordance with a permit issued under the proposed legislation. It further prohibits issuance
•of a permit under the said clause unless the Committee is satisfied that the activities shall be
•carried on only for the purposes specified therein.
SECTION Section 152

Untitled Section

•Clause 8 of the Bill seeks to prohibit certain activities in Antarctica specified therein without
•a permit or the written authorisation of another Party to the Protocol.
SECTION Section 153

Untitled Section

•Clause 9 of the Bill seeks to prohibit any person, vessel or aircraft from introducing non-
•native animals and plants into Antarctica except in accordance with a permit or the written
•authorisation of another Party to the Protocol.
SECTION Section 154

Untitled Section

•Clause 10 of the Bill seeks to prohibit any person from introducing into any part of Antarctica
•certain microscopic organisms except in accordance with a permit or the written authorisation
•of another Party to the Protocol.
SECTION Section 155

Untitled Section

•Clause 11 of the Bill seeks to prohibit any vessel or aircraft from entering into an Antarctic
•Specially Protected Area or Marine Protected Area except in accordance with a permit or the
•written authorisation of another Party to the Protocol.
SECTION Section 156

Untitled Section

•Clause 12 of the Bill seeks to prohibit any person, vessel or aircraft from disposing waste in
•Antarctica except in accordance with a permit or the written authorisation of another Party to
•the Protocol.
SECTION Section 157

Untitled Section

•Clause 13 of the Bill seeks to prohibit any vessel from discharging into the sea any oil or oily
•mixture, effluent, bilge water or any food waste except in accordance with a permit or the
•written authorisation of another Party to the Protocol.
SECTION Section 158

Untitled Section

•Clause 14 of the Bill seeks to empower the Committee to grant permit for the purposes
•specified therein.
SECTION Section 159

Untitled Section

•Clause 15 of the Bill seeks to provide that provisions of clauses 4, 5, 6, 11, 12 and 13 of the
•proposed legislation shall not apply during emergencies.
SECTION Section 16

Untitled Section

17.Prohibition of nuclear explosion or disposal of radioactive wastes material in Antarctica.
SECTION Section 160

Untitled Section

•Clause 16 of the Bill seeks to provide for special permit for commercial fishing in Antarctica.
SECTION Section 161

Untitled Section

•Clause 17 of the Bill seeks to prohibit any person from carrying out nuclear explosion or
•disposing of any radioactive waste material in Antarctica.
•24
SECTION Section 162

Untitled Section

•Clause 18 of the Bill seeks to prohibit introducing of non-sterile soil in Antarctica.
SECTION Section 163

Untitled Section

•Clause 19 of the Bill seeks to prohibit introducing specified substances and products into
•Antarctica by any person, vessel or aircraft.
SECTION Section 164

Untitled Section

•Clause 20 of the Bill seeks to prohibit damaging, destroying or removing any part of historic
•sites or monuments in Antarctica.
SECTION Section 165

Untitled Section

•Clause 21 of the Bill seeks to prohibit possessing, selling, etc., by any person, vessel or
•aircraft while in Antarctica.
SECTION Section 166

Untitled Section

•Clause 22 of the Bill seeks to prohibit discharging into the sea any garbage, plastic or other
•product or substance that is harmful to the marine environment by any person.
SECTION Section 167

Untitled Section

•Clause 23 of the Bill seeks to establish a Committee on Antarctic Governance and
•Environmental Protection consisting of the members specified therein.
SECTION Section 168

Untitled Section

•Clause 24 of the Bill seeks to make provision for meetings of the Committee.
SECTION Section 169

Untitled Section

•Clause 25 of the Bill seeks to provide for the functions of the Committee which shall, inter
•alia, include, to monitor, implement and ensure compliance with the relevant international
•laws for the protection of the Antarctic environment, undertake any advisory, supervisory,
•or enforcement activities, obtain and review relevant information and reports provided by
•parties to the Treaty, the Conventions, the Protocol and other parties, determine the terms
•and conditions of the permit, etc.
SECTION Section 17

Untitled Section

18.Prohibition of introducing non-sterile soil in Antarctica.
SECTION Section 170

Untitled Section

•Clause 26 of the Bill seeks to empower the Central Government to give such directions to
•the Committee as it may deem necessary.
SECTION Section 171

Untitled Section

•Clause 27 of the Bill seeks to provide for making application to the Committee for grant of
•permit and the manner of such grant.
SECTION Section 172

Untitled Section

•Clause 28 of the Bill seeks to provide for liability of owner or Operator of a vessel or aircraft
•in certain cases.
SECTION Section 173

Untitled Section

•Clause 29 of the Bill seeks to provide for suspension or cancellation of a permit.
SECTION Section 174

Untitled Section

•Clause 30 of the Bill seeks to provide for inspection in India by an officer, designated by the
•Central Government as an Inspector. It further provides for the powers and functions of the
Inspector.
SECTION Section 175

Untitled Section

•Clause 31 of the Bill seeks to constitute an inspection team to carry out inspections in
Antarctica.It further empowers the Committee to designate an officer as an Analyst who
•shall be a part of the inspection team. It also provides for the powers and functions of the
•inspection team and the Analyst.
SECTION Section 176

Untitled Section

•Clause 32 of the Bill seeks to prohibit obstruction of an Inspector or inspection team or
•giving false or misleading information by any person.
SECTION Section 177

Untitled Section

•Clause 33 of the Bill seeks to provide that waste disposal sites on land and abandoned work
•sites shall be cleaned up by the generators of such wastes and the users of such sites.
SECTION Section 178

Untitled Section

•Clause 34 of the Bill seeks to provide for the establishment of a waste classification system
•and waste management plans.
SECTION Section 179

Untitled Section

•Clause 35 of the Bill seeks to provide for the removal of waste by the generator of such
•wastes including domestic waste from Antarctica such as radioactive substance, all kinds of
•batteries, fuel, both liquid and solid, polyvinyl chloride, unserviceable machinery, etc., and
•such other wastes. It further provides that the said clause shall not be applicable if such
•waste is incinerated, autoclaved, or otherwise treated to be made sterile; or if the removal of
•such wastes shall result in greater adverse environmental impact, than leaving them in their
•existing locations.
SECTION Section 18

Untitled Section

19.Prohibition of introducing specified substances and products.
SECTION Section 180

Untitled Section

•Clause 36 of the Bill seeks to provide for disposal of combustive wastes.
•25
SECTION Section 181

Untitled Section

•Clause 37 of the Bill seeks to provide that all wastes to be removed from Antarctica, or
•otherwise disposed of by the generators of such wastes, shall be segregated, contained,
•confined and stored in such a way so as to prevent their dispersal into the environment in the
•manner specified therein.
SECTION Section 182

Untitled Section

•Clause 38 of the Bill seeks to provide for compliance of international obligations by the
Committee.
SECTION Section 183

Untitled Section

•Clause 39 of the Bill seeks to provide for duties and liabilities of Operator in case of
•environmental emergency.
SECTION Section 184

Untitled Section

•Clause 40 of the Bill seeks to provide for exemption of Operator from liability in certain cases.
SECTION Section 185

Untitled Section

•Clause 41 of the Bill seeks to provide for penalty for contravention of certain provisions of
•the proposed legislation by a person.
SECTION Section 186

Untitled Section

•Clause 42 of the Bill seeks to provide for penalty for contravention of certain provisions of
•the proposed legislation involving vessel.
SECTION Section 187

Untitled Section

•Clause 43 of the Bill seeks to provide for penalty for contravention of certain provisions of
•the proposed legislation involving aircraft.
SECTION Section 188

Untitled Section

•Clause 44 of the Bill seeks to provide for penalty where no provisions for penalty is made in
•the proposed legislation.
SECTION Section 189

Untitled Section

•Clause 45 of the Bill seeks to provide for offences by companies. It further provides that
•where it is proved that the offence has been committed with the consent or connivance of, or
•is attributable to any neglect on the part of, any director, manager, secretary or other officer
•of the company, such director, manager, secretary or other officer shall be deemed to be
•guilty of that offence and shall be liable to be proceeded against and punished accordingly.
SECTION Section 19

Untitled Section

20.Prohibition relating to historic sites and monuments.
SECTION Section 190

Untitled Section

•Clause 46 of the Bill seeks to provide for the constitution of the fund to be called the
•Antarctic Fund which shall be applied towards the welfare of Antarctic research work and
•protection of Antarctic environment.
SECTION Section 191

Untitled Section

•Clause 47 of the Bill seeks to empower the Committee to require certain applicants to deposit
•such amount as security, in the form prescribed.
SECTION Section 192

Untitled Section

•Clause 48 of the Bill seeks to provide for the Designated Courts and their jurisdiction.
SECTION Section 193

Untitled Section

•Clause 49 of the Bill seeks to provide for the report of offences to Committee by an officer
•designated by the Committee or the head of a station in Antarctica or an Operator.
SECTION Section 194

Untitled Section

•Clause 50 of the Bill seeks to provide for conferment of powers of investigation, etc., on any
•officer of the Central Government or State Government or Committee.
SECTION Section 195

Untitled Section

•Clause 51 of the Bill seeks to provide for the application of the Code of Criminal Procedure
•before a Designated Court and the person conducting a prosecution before such Court shall
•be deemed to be a Public Prosecutor.
SECTION Section 196

Untitled Section

•Clause 52 of the Bill seeks to provide for maintenance of accounts and audit of fund by the
Committee.
SECTION Section 197

Untitled Section

•Clause 53 of the Bill seeks to provide for furnishing of returns and reports by the Committee
•to the Central Government at such time and in such form and manner prescribed.
SECTION Section 198

Untitled Section

•Clause 54 of the Bill seeks to provide for the protection of action taken in good faith by the
•Central Government, State Government or the Committee or its members, officers and other
•employees or any officer authorised by the Central Government or the Committee.
SECTION Section 199

Untitled Section

•Clause 55 of the Bill seeks to empower the Central Government to make rules on matters
•enumerated therein.
SECTION Section 2

Untitled Section

•CHAPTER I
•PRELIMINARY
SECTION Section 20

Untitled Section

21.Prohibition of possessing, selling, etc.
SECTION Section 200

Untitled Section

•Clause 56 of the Bill seeks to provide for the removal of difficulties within three years from
•the commencement of the proposed legislation.
SECTION Section 201

Untitled Section

•Clause 57 of the Bill seeks to provide for laying of rules, notifications or orders made or
•issued under the proposed legislation before each House of Parliament.
•FINANCE MEMORANDUM
•Sub-clause (1) of clause 23 of the Bill provides for establishment of a Committee to be
•called the Committee on Antarctic Governance and Environmental Protection to regulate
•Indian Antarctic expedition and to exercise powers conferred on and perform the functions
•assigned to it under the Bill. Sub-clause (4) of the said clause provides for the allowances or
•fees to be paid to the nominated members for attending the meetings of the Committee.
SECTION Section 202

Untitled Section

2.Clause 46 of the Bill provides for the constitution of a fund to be called the Antarctic
•Fund into which shall be credited ( a) all fees received for grant of permit and charges
•collected for Antarctic related activities under the Bill; (b) any grant or loans that may be
•made by the Central Government for the purposes of the Bill; and (c) any grant or loans that
•may be made by any institution for the purposes of the Bill.
SECTION Section 203

Untitled Section

3.The human resources required to assist the Committee may involve a recurring
•expenditure of 1.8 crore rupees which would be met from the budgetary provision of the
•Central Government.
SECTION Section 204

Untitled Section

4.The Committee aims to become self-sustainable through fees for permit, imposition
•of penalty and fees for other scientific research and operational means and mechanisms.
SECTION Section 205

Untitled Section

5.The Bill, if enacted and brought into operation, would not involve any other
•expenditure either of a recurring or non-recurring nature from the Consolidated Fund of
India.
•26
•MEMORANDUM REGARDING DELEGATED LEGISLATION
•Sub-clause (1) of clause 55 of the Bill empowers the Central Government to make rules
•to carry out the purposes of the Bill. Sub-clause (2) of the said clause enumerates the matters
•in respect of which such rules may be made, which inter alia, include prescribing, namely-
(a)the Antarctic Specially Protected Area and Marine Protected Area under clause 11;
(b)any other species under item (d) of sub-clause (1) of clause 14; (c) substance or product
•which shall not be introduced into Antarctica under clause 19; (d) historic site or monument
•or its part under clause 20; ( e) the allowances or fees for nominated members under
•sub-clause (4) and the procedure to be followed by the members under sub-clause ( 5), of
SECTION Section 206

Untitled Section

•clause 23; (f) the intervals at which the Committee shall meet, the rules of procedure in regard
•to transaction of business at its meetings and its quorum under clause 24; ( g) the form of
•application for permit, particulars and fees under sub-clause (2) the terms and conditions of
•the permit under sub-clause ( 3); other significant detrimental ef fects on the Antarctic
•environment and its dependent and associated ecosystems under item (g) of sub-clause (4),
•the manner of carrying out environmental impact assessment to be conducted by the applicant
•under sub-clause (5); the manner of preparing waste management plan and emergency plan
•under sub-clause (6); the period for which permit may be granted and fee to be paid for its
•renewal under sub-clause (7), of clause 27; (h) the qualification and experience of an officer
•to be designated as Inspector under sub-clause ( 1) and other functions of the Inspector
•under item (g) of sub-clause ( 2), of clause 30; ( i) the manner of carrying out inspections
•under sub-clause (1), the qualification and experience of an Analyst under sub-clause ( 2)
•and other powers and functions of the inspection team under sub-clause (10), of clause 31;
(j)any other wastes under item (f) of sub-clause (2) and other areas in respect of which an
•inventory of locations may be prepared under sub-clause ( 6), of clause 34; ( k) such other
•wastes under item (h) of sub-clause (1) and the standards for effluent discharge under the
•proviso to sub-clause (3), of clause 35; (l
•) the standards for emission of combustible wastes,
•equipment and vehicles under sub-clause (2) of clause 36; (m) other International Conventions
•or Treaty or Protocol or other international obligations which the permit holder shall comply
•under sub-clause (1) of clause 38; (n) the cost of response action under sub-clause (2) and
•the amount of penalty to be paid by the Operator under sub-clause (3), of clause 39; (o) the
•manner in which the Committee shall maintain and administer the fund under sub-clause (3)
•of clause 46; (p) the category of applicants who may deposit security with the Committee,
•the form of such deposit and the security amount under sub-clause (1) of clause 47; (q) the
•form in which the Committee shall prepare an annual statement of accounts under sub-clause
(1)of clause 52; (r) the time within which and the form and manner in which the Committee
•shall furnish to the Central Government the returns and statements under sub-clause (1) and
•the report under sub-clause (2), of clause 53; and (s) any other matter which is to be, or may
•be prescribed.
2.Clause 57 of the Bill provides that every rule, notification or order issued under the
•Bill shall be laid, as soon as may be after it is made or issued, before each House of Parliament.
SECTION Section 207

Untitled Section

3.The matters in respect of which rules may be made are matters of procedure or
•administrative details, and it is not practicable to provide for them in the Bill itself. The
•delegation of legislative power is, therefore, of a normal character.
•27
•LOK SABHA
•————
•A
•BILL
•to provide for the national measures for protecting the Antarctic environment and dependent
•and associated ecosystems and to give effect to the Antarctic Treaty, the Convention
•on the Conservation of Antarctic Marine Living Resources and to the Protocol on
•Environmental Protection to the Antarctic Treaty and for matters connected therewith
•or incidental thereto.
•————
•(Dr. Jitendra Singh, Minister of State (Independent Charge) of the Ministry of Earth
•Sciences)
•MGIPMRND—2440LS(S3)—29-03-2022.
SECTION Section 21

Untitled Section

22.Prohibition of discharge of certain products or substances.
•A
•S INTRODUCED IN LOK SABHA
•Bill No. 95 of 2022
SECTION Section 22

Untitled Section

•CHAPTER IV
•COMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION
SECTION Section 24

Untitled Section

23.Constitution of Committee.
SECTION Section 25

Untitled Section

24.Meetings of Committee.
SECTION Section 26

Untitled Section

25.Functions of Committee.
SECTION Section 27

Untitled Section

26.Power of Central Government to give directions.
SECTION Section 28

Untitled Section

•CHAPTER V
•G
•RANT, SUSPENSION OR CANCELLATION OF PERMIT
SECTION Section 29

Untitled Section

27.Application for permit.
SECTION Section 30

Untitled Section

28.Liability of owner or Operator in certain cases.
SECTION Section 31

Untitled Section

29.Suspension or cancellation of permit.
SECTION Section 32

Untitled Section

•CHAPTER VI
•I
•NSPECTIONS
SECTION Section 33

Untitled Section

30.Inspection in India.
SECTION Section 34

Untitled Section

31.Inspection of international facilities.
SECTION Section 35

Untitled Section

32.Obstruction and false information.
SECTION Section 36

Untitled Section

•CHAPTER VII
•WASTE DISPOSAL AND WASTE MANAGEMENT
SECTION Section 37

Untitled Section

33.Waste disposal.
SECTION Section 38

Untitled Section

34.Establishment of waste classification system and waste management plans.
SECTION Section 39

Untitled Section

35.Removal of wastes from Antarctica.
SECTION Section 4

Untitled Section

1.Short title and commencement.
SECTION Section 40

Untitled Section

36.Disposal of combustive wastes.
SECTION Section 41

Untitled Section

37.Storage of wastes.
SECTION Section 42

Untitled Section

•CHAPTER VIII
•P
•REVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL EMERGENCY
SECTION Section 43

Untitled Section

38.Committee to ensure compliance of international obligations.
SECTION Section 44

Untitled Section

39.Duties and liabilities of Operator in case of environmental emergency.
SECTION Section 45

Untitled Section

40.Exemption of Operator from liability in certain cases.
SECTION Section 46

Untitled Section

•CHAPTER IX
•OFFENCES AND PENALTIES
SECTION Section 47

Untitled Section

41.Penalty for contravention of certain provisions of Act by person.
SECTION Section 48

Untitled Section

42.Penalty for contravention of certain provisions of Act involving vessel.
SECTION Section 49

Untitled Section

43.Penalty for contravention of certain provisions of Act involving aircraft.
SECTION Section 5

Untitled Section

2.Application.
SECTION Section 50

Untitled Section

44.Penalty where no provision made in Act.
SECTION Section 51

Untitled Section

45.Offences by companies.
•(ii)
SECTION Section 52

Untitled Section

•CHAPTER X
•MISCELLANEOUS
SECTION Section 54

Untitled Section

46.Constitution of fund.
SECTION Section 55

Untitled Section

47.Security for permit by certain persons.
SECTION Section 56

Untitled Section

48.Designated Court and jurisdiction.
SECTION Section 57

Untitled Section

49.Report to Committee of offences.
SECTION Section 58

Untitled Section

50.Conferment of powers of investigation, etc.
SECTION Section 59

Untitled Section

51.Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court.
SECTION Section 6

Untitled Section

3.Definitions.
SECTION Section 60

Untitled Section

52.Accounts and audit of fund.
SECTION Section 61

Untitled Section

53.Returns and reports.
SECTION Section 62

Untitled Section

54.Protection of action taken in good faith.
SECTION Section 63

Untitled Section

55.Power to make rules.
SECTION Section 64

Untitled Section

56.Power to remove difficulties.
SECTION Section 65

Untitled Section

57.Rules, notifications or orders made or issued to be laid before Parliament.
•(iii)
•1
•Bill No. 95 of 2022
•THE INDIAN ANTARCTIC BILL, 2022
•A
•BILL
•to provide for the national measures for protecting the Antarctic environment and
•dependent and associated ecosystems and to give effect to the Antarctic Treaty, the
•Convention on the Conservation of Antarctic Marine Living Resources and to the
•Protocol on Environmental Protection to the Antarctic Treaty and for matters
•connected therewith or incidental thereto.
•W
•HEREAS, the Antarctic Treaty was signed at Washington D.C. on the 1st day of
•December, 1959;
•AND WHEREAS, the Antarctic Treaty was initially signed by twelve countries and since
•then forty-two other countries have acceded to the Treaty;
•AND WHEREAS, of the total of fifty-four State Parties to the Treaty, twenty-nine countries
•have the status of Consultative Party with a right to vote in the Antarctic Consultative
•Meetings and twenty-five countries are Non-Consultative Parties having no right to vote
•therein;
•A
•S INTRODUCED IN LOK SABHA
•2
•AND WHEREAS, India signed the Antarctic Treaty on the 19th day of August, 1983 and
•received the consultative status on the 12th day of September, 1983;
•AND WHEREAS, the Convention on the Conservation of Antarctic Marine Living
•Resources was signed at Canberra on the 20th day of May, 1980, inter alia, for the protection
•and preservation of the Antarctic environment and, in particular, for the preservation and
•conservation of marine living resources in Antarctica;
•AND WHEREAS, India ratified the said Convention on the 17th day of June, 1985 and is
•a member of the Commission for Conservation of Antarctic Marine Living Resources under
•that Convention;
•AND WHEREAS, the Protocol on Environmental Protection to the Antarctic Treaty was
•signed at Madrid on the 4th day of October, 1991, inter alia, to strengthen the Antarctic
•Treaty system and for the development of a comprehensive regime for the protection of the
•Antarctic environment and dependent and associated ecosystems;
•AND WHEREAS, India signed the Protocol on Environmental Protection to the Antarctic
•Treaty on the 14th day of January, 1998;
•AND WHEREAS, the Antarctica lies south of 60 ñ South Latitude and which is a natural
•reserve, devoted to peace and science and should not become the scene or object of any
•international discord;
•AND WHEREAS , it is considered necessary to give effect to the said Treaty, the
•Convention and the Protocol and to make provisions for the protection of the Antarctic
•environment and dependent and associated ecosystems and for the regulation of various
•activities envisaged in Antarctica and for matters connected therewith or incidental
thereto.
•BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
•follows:—
SECTION Section 66

Untitled Section

•CHAPTER I
•PRELIMINARY
SECTION Section 67

Untitled Section

1.(1) This Act may be called the Indian Antarctic Act, 2022.
(2)It shall come into force on such date as the Central Government may, by notification,
•appoint and different dates may be appointed for different provisions of this Act.
SECTION Section 68

Untitled Section

2.This Act shall apply to,—
(a)a citizen of India; or
(b)a citizen of any other country; or
(c)a company, body corporate, corporation, partnership firm, joint venture, an
•association of persons or any other entity incorporated, established or registered as
•such under any law in force in India; or
(d)any vessel or aircraft registered in India or outside India,
•if such person, vessel or aircraft is part of an Indian expedition to Antarctica under a permit
•issued under this Act and shall include any such vessel or aircraft which is registered in
•India but chartered by any other Party for entering into Antarctica;
(e)Antarctica, comprising of the following areas, namely:—
(i)the continent of Antarctica, including its ice-shelves;
•Short title
•and
commencement.
Application.
•5
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•3
•(ii) all islands south of 60 ñ South Latitude, including their ice-shelves;
•(iii) all areas of the continental shelf that are adjacent to that continent or
•to those islands that are south of 60 ñ South Latitude;
•(iv) all sea and air space south of 60 ñ South Latitude; and
(v)the area specified in Article I of the Convention on the Conservation
•of Antarctic Marine Living Resources.
SECTION Section 69

Untitled Section

3.(1) In this Act, unless the context otherwise requires,—
(a)"activity" means any kind of operation in Antarctica, including tourism,
•research, conservation, fishing and commercial fishing;
(b)"aircraft" shall have the same meaning as assigned to it in clause ( 1) of
SECTION Section 7

Untitled Section

•CHAPTER II
•R
•EQUIREMENT AS TO PERMIT
4.Permit for Indian expedition to Antarctica.
5.Permit for Indian station in Antarctica.
6.Permit for vessel and aircraft entering Antarctica.
7.Permit for mineral resource activities.
8.Permit for certain activities in Antarctica.
9.Permit for introducing non-native animals and plants into Antarctica.
SECTION Section 70

Untitled Section

•section 2 of the Aircraft Act, 1934;
(c)"Analyst" means a person designated as such by the Committee to collect
•and analyse any sample or matter under sub-section ( 2) of section 31;
(d)"another Party to the Treaty" or "another Party to the Protocol" means any
•Party other than India;
(e)"Antarctica" means the Antarctic area referred to in clause (e) of section 2;
(f)"Antarctic environment" means the ecosystems dependent on and associated
•with the Antarctic environment, the intrinsic value of its wilderness and aesthetics,
•its value as an area for the conduct of scientific research or research that is essential
•to understand the global environment, the climate and the composition of the
•atmosphere;
(g)"Committee" means the Committee on Antarctic Governance and
•Environmental Portection established under sub-section ( 1) of section 23;
(h)"Comprehensive Environmental Evaluation" means a comprehensive
•evaluation of environmental impact assessment referred to in sub-section ( 5) of
SECTION Section 71

Untitled Section

•section 27;
(i)"Convention" means the Convention on the Conservation of Antarctic Marine
•Living Resources signed on the 20th day of May, 1980 in Canberra, Australia;
(j)"Consultative Parties" means any S tate Party signatory to the Antarctic
•Treaty and the Protocol on Environmental Protection to the Antarctic Treaty having
•voting rights in any decision, measures and resolutions adopted by the Antarctica
•Treaty Consultative Meeting;
(k)"Indian expedition" means a journey undertaken by any person or persons
•to the Antarctica organised by India;
(l)"Initial Environmental Evaluation" means a preliminary evaluation of
•environmental impact assessment referred to in sub-section ( 5) of section 27;
(m)"land" includes all islands, continental shelf and any ice-shelf, without
•prejudice to scientific definition of ice-shelf;
(n)"notification" means a notification published in the Official Gazette and the
•expressions "notify" or "notified" shall be construed accordingly;
(o)"Operator", in relation to a vessel or aircraft, means the owner or the person
•for the time being having the management of that vessel or aircraft;
Definitions.
•22 of 1934.
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•4
(p)"Party" means a State party signatory to the Antarctic Treaty or a member
•State of the United Nations;
(q)"permit" means a permit issued by the Committee under section 27;
(r)"person" means a person or entity referred to in clauses ( a), (b) and (c) of
SECTION Section 72

Untitled Section

•section 2;
(s)"prescribed" means prescribed by rules made under this Act;
(t)"Protocol" means the Protocol on Environmental Protection to the Antarctic
•Treaty signed at Madrid on the 4th day of October, 1991, which came into force on the
•14th day of January, 1998;
(u)"station" includes any worksites, building or group of buildings or any
•temporary facility in Antarctica;
(v)"Treaty" means the Antarctic Treaty signed at Washington D.C. on the
•1st day of December, 1959 which came into force on the 23rd day of June, 1961;
(w)"vessel" shall have the same meaning as assigned to it in clause ( 55) of
SECTION Section 73

Untitled Section

•section 3 of the Merchant Shipping Act, 1958;
(x)"waste" means unusable unserviceable movable property, including solid,
•liquid and gaseous matter, which the possessor or generator wants to discharge, or
•the controlled disposal of which is called for in order to preserve public welfare and in
•particular, the protection of the environment; or residual radioactive matter or
•radioactive components of disassembled or dismantled facilities, the controlled
•disposal of which shall be made in accordance with the Atomic Energy Act, 1962.
(2)The words and expressions used herein and not defined but defined in the Treaty
•or the Convention or the Protocol shall have the same meaning as respectively assigned to
•them in the Treaty or the Convention or the Protocol.
SECTION Section 74

Untitled Section

•CHAPTER II
•R
•EQUIREMENT AS TO PERMIT
SECTION Section 75

Untitled Section

4.No person in an Indian expedition shall enter or remain in Antarctica without a
•permit or the written authorisation of another Party to the Protocol:
•Provided that no permit shall be required in the case of a person who is travelling
•through, on or above the high seas, to an immediate destination outside Antarctica.
SECTION Section 76

Untitled Section

5.No person shall enter or remain in an Indian station in Antarctica without a permit
•or the written authorisation of another Party to the Protocol.
SECTION Section 77

Untitled Section

6.No vessel or aircraft registered in India shall enter or remain in Antarctica without
•a permit or the written authorisation of another Party to the Protocol:
•Provided that no permit shall be required in the case of a vessel travelling through, on
•or above the high seas, to an immediate destination outside Antarctica:
•Provided further that no permit shall be required in respect of an aircraft travelling to
•an immediate destination outside Antarctica.
SECTION Section 78

Untitled Section

7.No person or vessel in Antarctica shall—
(a)drill, dredge or excavate for mineral resources,
•Permit for
•Indian
•expedition to
Antarctica.
•Permit for
•Indian station
•in Antarctica.
•Permit for
•vessel and
•aircraft
•entering
Antarctica.
•Permit for
•mineral
•resource
activities.
•44 of 1958.
•33 of 1962.
•5
•10
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•25
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•40
•5
(b)collect any samples of mineral resources; or
(c)do anything for the purpose of identifying specific mineral resource
•occurrences or deposits, or areas where such occurrences or deposits may be found,
•except in accordance with a permit issued under this Act:
•Provided that no permit shall be issued for the purposes of this section unless the
•Committee is satisfied that the activities shall be carried on only for the purposes—
(a)of scientific research; or
(b)connected with the construction, maintenance or repair in Antarctica of an
•Indian station or any other structure, road, runway or jetty maintained by or on behalf
•of India.
Explanation.—For the purposes of this section, "mineral resource" means any
•natural resource that is neither living nor renewable.
SECTION Section 79

Untitled Section

8.No person in Antarctica shall, without a permit or written authorisation of another
•Party to the Protocol—
(a)remove or damage native plants intentionally in a manner that significantly
•affects their local distribution or abundance;
(b)fly or land a helicopter or other aircraft intentionally in a manner that disturbs
•any concentration of native birds or seals;
(c)use a vehicle or vessel, including a hovercraft and a small boat, intentionally
•in a manner that disturbs any concentration of native birds or seals;
(d)use an explosive or firearm intentionally in a manner that disturbs any
•concentration of native birds or seals;
(e)while on foot, wilfully disturb a breeding or moulting native bird or
•concentration of seals;
(f)significantly damage any concentration of terrestrial native plants by landing
•an aircraft, driving a vehicle or walking on it;
(g)engage in any activity that results in the significant adverse change of the
•habitat of any specially protected species or population of native mammals, native
•birds, native plants or native invertebrates;
(h)remove soil or any biological material native to Antarctica intentionally; or
(i)kill, injure, capture, handle or molest a native mammal or native bird unless
•such act was done to protect the life of a person.
Explanation.—For the purposes of this section,—
(i)"native bird" means a member, at any stage of its life cycle including
•eggs, of any species of the class Aves that is indigenous to Antarctica or that
•occurs there seasonally through natural migrations including any part, product,
•egg, or offspring or the dead body or parts thereof and fossils;
•(ii) "native invertebrate" means any terrestrial or aquatic invertebrate, at
•any stage of its life cycle that is indigenous to Antarctica, including any part
•thereof and fossils;
•(iii) "native mammal" means a member of any species of the class mammalia
•that is indigenous to Antarctica or that occurs there seasonally through natural
•migrations including any part, product, egg, or offspring of or the dead body or
•parts thereof and fossils;
•Permit for
•certain
•activities in
Antarctica.
•5
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•6
•(iv) "native plant" means any terrestrial or aquatic vegetation, including
•bryophytes, lichens, fungi and algae, at any stage of its life cycle, including
•seeds and other propagules, that is indigenous to Antarctica or parts of such
•vegetation, other than fossils;
(v)"specially protected species" means any native species designated as
•a specially protected species in the Protocol and the Convention.
9.No person, vessel or aircraft shall introduce in any part of Antarctica any animal of
•a species that is not indigenous to Antarctica, or any plant that is not a native plant, except
•in accordance with a permit or the written authorisation of another Party to the Protocol:
•Provided that the provisions of this section shall not apply to food other than poultry
•or live animals.
SECTION Section 8

Untitled Section

10.Permit for introducing microscopic organisms.
SECTION Section 80

Untitled Section

10.No person shall introduce into any part of Antarctica any microscopic organism
•of a species which is not indigenous to Antarctica, except in accordance with a permit or the
•written authorisation of another Party to the Protocol.
SECTION Section 81

Untitled Section

11.No person or vessel or aircraft shall enter into an Antarctic Specially Protected
•Area or Marine Protected Area as may be prescribed except in accordance with a permit or
•the written authorisation of another Party to the Protocol.
SECTION Section 82

Untitled Section

12.No person, vessel or aircraft shall dispose of waste in Antarctica except in
•accordance with a permit or the written authorisation of another Party to the Protocol.
SECTION Section 83

Untitled Section

13.No vessel shall, while in Antarctica, discharge into the sea any oil or oily mixture,
•effluent, bilge water or any food waste except in accordance with a permit or the written
•authorisation of another Party to the Protocol.
SECTION Section 84

Untitled Section

14.(1) The Committee may, in individual cases, for reasons to be recorded in writing,
•grant permit for the following purposes, namely:—
(i)to obtain specimens or any other sample for study or scientific information;
•(ii) to obtain specimens for museums, herbariums, zoological and botanical
•gardens, or other educational or cultural institutions or uses:
•Provided that such permission shall be limited so as to ensure that—
(a)only such number of native mammals, birds, invertebrates, plants or any
•other sample are taken that are strictly necessary to meet the purposes of this
•section;
(b)only such number of native mammals or birds are killed, such that it can
•normally be replaced by natural reproduction in the following season;
(c)the diversity of species, as well as the habitats essential to their existence
•and the balance of the ecological systems existing in the Antarctica are maintained;
(d)Ommatophocarossii (Ross Seal) or any other species as may be prescribed
•shall be accorded special protection and permit for killing, injuring, capturing or
•handling of these species may be issued only for scientific purpose, if the survival or
•recovery of that species or local population is not jeopardised, and non-lethal
•techniques are used as far as possible; and
(e)the killing, injuring, capturing or handling of mammals or birds is done in a
•manner that involves least degree of pain and suffering.
•Permit to
•enter
•protected
areas.
•Permit for
•waste disposal.
•Permit for
•discharge into
sea.
•Permit for
•removal of
•biological
•specimen or
•any other
•sample from
Antarctica.
•Permit for
•introducing
•non-native
•animals and
•plants into
Antarctica.
•Permit for
•introducing
•microscopic
organisms.
•5
•10
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•35
•40
•7
(2)The permit issued for the purposes of this section shall specifically mention the
•name of the issuing authority and the receiver of the permission, the duration and place of
•the activity permitted including the size, weight and volume of the sample intended to be
collected.
SECTION Section 85

Untitled Section

15.The provisions of sections 4, 5, 6, 11, 12 and 13 shall not apply in respect of
•emergencies involving the safety of a person, the protection of the environment or the
•safety of any vessel, aircraft, equipment or facility that has a significant value.
SECTION Section 86

Untitled Section

16.Any person who intends to go to Antarctica for the purpose of commercial fishing
•shall apply for a permit to the Secretariat of the Commission for the Conservation of Antarctic
•Marine Living Resources through the Committee.
SECTION Section 87

Untitled Section

•CHAPTER III
•P
•ROHIBITIONS
SECTION Section 88

Untitled Section

17.No person shall carry out any nuclear explosion or dispose of any radioactive
•wastes material in Antarctica.
SECTION Section 89

Untitled Section

18.No person or vessel shall introduce non-sterile soil into any part of Antarctica.
SECTION Section 9

Untitled Section

11.Permit to enter protected areas.
SECTION Section 90

Untitled Section

19.No person, vessel or aircraft shall introduce into Antarctica any substance or
•product as may be prescribed.
SECTION Section 91

Untitled Section

20.No person shall damage, destroy or remove any historic site or monument or any
•of its part in Antarctica as may be prescribed.
SECTION Section 92

Untitled Section

21.No person or vessel or aircraft while in Antarctica, shall possess, sell, offer for
•sale, trade, give, transport, transfer or send anything that has been obtained in contravention
•of the provisions of this Act.
SECTION Section 93

Untitled Section

22.No vessel shall, while in Antarctica, discharge into the sea any garbage, plastic or
•other product or substance that is harmful to the marine environment.
Explanation.—For the purposes of this section, garbage, in respect of a vessel,
•means all kinds of victual, domestic and operational waste, excluding fresh fish and parts
•thereof, generated during the normal operation of the ship and liable to be disposed of
•continuously or periodically.
SECTION Section 94

Untitled Section

•CHAPTER IV
•C
•OMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION
SECTION Section 95

Untitled Section

23.(1) The Central Government shall, by notification, establish a Committee to be
•called the Committee on Antarctic Governance and Environmental Protection consisting of
•the following members, namely:—
(a)Secretary, Ministry of Earth Sciences, Chairperson, ex officio;
•Prohibition of
•introducing
•non-sterile
•soil in
Antarctica.
•Prohibition of
•introducing
•specified
•substances and
products.
•Prohibition
•relating to
•historic sites
•and
monuments.
•Prohibition of
•possessing,
•selling, etc.
•Prohibition of
•discharge of
•certain
•products or
substances.
•Certain
•provisions not
•to apply
•during
emergencies.
•Special permit
•for
•commercial
•fishing in
Antarctica.
•Prohibition of
•nuclear
•explosion or
•disposal of
•radioactive
•wastes
•material in
Antarctica.
•Constitution
•of Committee.
•5
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•8
(b)ten members not below the rank of Joint Secretary, ex officio, to be nominated
•by the Central Government, from any of the Ministries or Departments or organisations
•of the Central Government dealing with,—
(i)Defence;
•(ii) External Affairs;
•(iii) Finance;
•(iv) Fisheries;
(v)Legal Affairs;
•(vi) Science and Technology;
•(vii) Shipping;
•(viii) Tourism;
•(ix) Environment;
(x)Communication;
•(xi) Space;
•(xii) National Centre for Polar and Ocean Research; and
•(xiii) National Security Council Secretariat;
(c)two experts to be nominated by the Central Government, from the fields
•of,—
(i)Antarctic environment; and
•(ii) Geo-political;
(d)such other experts in the relevant field, to be nominated by the Central
Government.
(2)An officer, not below the rank of Joint Secretary in the Ministry of Earth Sciences,
•shall be the Member-Secretary, ex officio.
(3)The members nominated under clauses ( c) and (d) of sub-section (1) shall hold
•office for such period and subject to such terms and conditions as may be specified in the
•notification referred to in sub-section (1).
(4)The members nominated under clauses ( c) and ( d) of sub-section ( 1) shall be
•entitled to receive such allowances or fees as may be prescribed, for attending the meetings
•of the Committee.
(5)In the discharge of their functions, the members shall follow such procedure as
•may be prescribed.
SECTION Section 96

Untitled Section

24.The Committee shall meet at such intervals and observe such rules of procedure
•in regard to the transaction of business at its meetings (including the quorum thereat) as
•may be prescribed.
SECTION Section 97

Untitled Section

25.The Committee shall perform the following functions, namely:—
(a)monitor, implement and ensure compliance of the relevant international
•laws, emission standards and rules for the protection of Antarctic environment by
•the Operators or by any other persons engaged in programmes and activities in
•Antarctica;
•Meetings of
Committee.
•Functions of
Committee.
•5
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•9
(b)undertake any advisory, supervisory or enforcement activities in relation to
•programmes and activities in Antarctica;
(c)obtain and review relevant information and reports provided by Parties to
•the Treaty, the Convention, the Protocol and other Parties engaged in programmes
•and activities in Antarctica;
(d)maintain records pertaining to the programmes and activities conducted by
•Parties in Antarctica;
(e)ensure that the programmes and activities are consistent with India's
•obligations under the Treaty, the Convention, the Protocol and with such other relevant
•law for the time being in force in India;
(f)determine the terms and conditions of the permit issued under this Act;
(g)negotiate fees or charges with other Parties to the Treaty, the Convention
•and the Protocol on a case to case basis in respect of the programmes and activities
•in Antarctica;
(h)collaborate with other Parties to attain the above goals; and
(i)such other functions as may be delegated to it by the Central Government.
SECTION Section 98

Untitled Section

26.(1) The Central Government may give such directions, as it may deem necessary,
•to the Committee for the effective administration of this Act and the Committee shall comply
•with such directions.
(2)In case of a dispute between the Committee and the Central Government, the
•decision of the Central Government shall be final.
SECTION Section 99

Untitled Section

•CHAPTER V
•GRANT, SUSPENSION OR CANCELLATION OF PERMIT