Chapter X MISCELLANEOUS

1. (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. (2) The fund shall be applied towards the welfare of Antarctic research work and protection of Antarctic environment.
3. (3) The Committee shall maintain and administer the fund in such manner as may be prescribed.

1. (1) The Committee may require such applicants to deposit such amount as security in such form as may be prescribed.
2. (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.

1. (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. (2) The Designated Court shall have jurisdiction to try any offence punishable under this Act.
3. (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. (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. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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.
6. (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 (2 of 1974).

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.

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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. (2) The officers of police shall assist the officer referred to in sub-section (1), in the execution of the provisions of this Act.

Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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.

1. (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. (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.

1. (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. (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.

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 of the provisions of this Act.

1. (1) The Central Government may make rules to carry out the provisions of this Act.
2. (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 11;
   • (b) any other species under clause (d) of sub-section (1) of section 14;
   • (c) substance or product which shall not be introduced into Antarctica under 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 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 qualifications 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 waste 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 34;
   • (p) such other waste 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 waste, 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
     • (x) any other matter which is to be, or may be prescribed.

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.

1Every rule made 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

By corrigendum.

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.

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.

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.

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.

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—

1. (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;
2. (b) establish a Committee to be called the Committee on Antarctic Governance and Environmental Protection which shall perform the functions specified therein;
3. (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;
4. (d) provide for penalty for contravention of certain provisions of the Bill;
5. (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;
6. (f) provide for Designated Courts and their jurisdiction. 8. The notes on clauses explain in detail the various provisions contained in the Bill. 9. The Bill seeks to achieve the above objectives. DR. JITENDRA SINGH. NEW DELHI; The 25th March, 2022.