section 57
Rules, notifications or orders made or issued to be laid before Parliament.
The Indian Antarctic Act, 2022Chapter X MISCELLANEOUS
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—
- (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;
- (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. 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.
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