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Chapter 8

Chapter 8
Compensation and other provisions
45. May file an application for realizing Compensation : -In case anyone wishes to
realize compensation from any individual, institution or proponent under section
17 of the Act, he/she may Submit an application to the concerned Chief District
Officer mentioning the type of loss suffered by him/her as a result thereof, and the
amount of compensation sought by him/her.
(2) In case an application is received under Sub Rule (1), the Chief
District Officer shall conduct investigation into it, as well as, into the actual
situation prevailing at the concerned place, as required, and also seek the opinion
and suggestion the concerned officer in the district of the inspector, if any, deputed
to district, and then evaluate the actual loss suffered by the applicant.
(3) If, for any reasons the loss cannot be evaluated under Sub- Rule (2) the
Chief district Officer shall forward the application to the concerned body for its
suggestion on the Matter within 30 days from the rate of receipt to the application.
(4) In case an application is received under Sub Rule (3) the concerned
body shall conduct necessary investigation and study the actual prevailing
situation as required, and send back the application to the concerned Chief District
officer along with its opinion and suggestion

(5) In case the loss has been evaluated under Sub-Rule (2) the Chief
District officer shall determine the amount of compensation accordingly and in
case the suggestion to the concerned body has been sought, the Chief District
Officer shall do so after receiving the suggestion under Sub-Rule (4)
(6) In case an application for compensation has been forwarded to the
concerned body under Sub Rule (3), the chief District Officer shall take a decision
in respect to payment of compensation within 15 days from the date of receipt of
suggestion from the concerned body and in case the application for compensation
has not been forwarded to the concerned body by the Chief District officer shall
take decision regarding the compensation within Six days of application.

(7) In connection with the determination of the amount of compensation,
the Chief district Officer shall have the powers to summon the concerned
individual, institution or proponent, record his/its statement, order for the
Submission of any document equipment machinery etc, and enter into and
investigate from where pollution, noise, heat or gases has been created or emitted.
(8) The amount of the compensation determined by the Chief District
Officer under this Rule shall be appropriate and reasonable.
46. Amount of Compensation to be paid within the prescribed time limit: (1) The
concerned individual, institution or proponent shall to pay the amount to the
concerned individual or intuition within Thirty days from the date of
determination of the amount compensation under Rule 45.
(2) In case the concern individual, institution or proponent Submits an
application for extension time limit of prescribed in Sub-rule (1) explaining
appropriate reasons for his/her it’s failure to pay the amount of compensation
within the prescribed time limit and in case the reasons mentioned in the
application are found to be appropriate, the Chief District Officer may extend the
time limit no exceeding Thirty days for one time.

47. Compensation to be Realized from the property : (1) In case the concerned
individual, institution or Proponent flails to pay the amount of compensation
within the time limit prescribed in Rule 46 , the individual or institution which is
to receive compensation, may Submit an application to the chief District Officer
within three months from the date of expiry of the said time limit, with a request to
have the amount of compensation be realized, identifying the property belonging
to such individual, institution or proponent.
(2) In case an application is received pursuant to Sub- Rule (1), the Chief
District Officer shall action the property of the individual, institution or proponent

who is to pay the amount of compensation in accordance with the existing laws,
cause to pay the amount of compensation and hand over the remaining balance to
the concerned individual, institution or proponent if he /it approaches him/her for
the same by fulfilling the formalities laid down by the existing laws.
48. Designation of Authority empowered to inflict punishment : (1) In case any
individual or institution take any action without having a proposal relating to
initial environmental examination approved under Section 4 of the Ac, the
concerned body shall be the authority empowered to punish him/her it under SubSection
(1) of Section 18 of the Act.
(2) In case any individual or institution takes any action without having a
proposal relating to environmental impact assessment under Section 4 of the Act,
the ministry shall be the authority empowered to punish him/her it under Sub-
Section (1) of Section 18 of the Act.
(3) In case, any industry commences its operation without obtaining a
certificate pursuant to Rule 16 or in case any individual, institution or industry
does not control pollution, or emits wastes even after being notified not to do so
under Rule 18, the concerned body shall be the authority empowered to punish

him/her it under Sub-Section (2) of Section 18 of the Act.

(4) In case anyone does follow the order issued pursuant to Sub-rule (2) of
Rule 23, the Ministry shall be the authority embowered to punish him/her under
Sub-Section (2) of Section 18 of the Act.
(5) In case anyone pursuant to Rule 28 who causes any loss or damage to
the object , site, plant, animal etc. incorporated in the inventory or coming under
national heritages, the concerned body shall be the authority empowered to punish
him /it under Sub- Section (2) of Section 18 of the Act.
(6) In case anyone does anything without obtaining permission under Rule
32, or in contravention of the prescribed conditions, the concerned body shall be
the authority empowered to punish him/it under Sub-Section (2) of Section 18 of
the Act.
(7) In case, anyone commits any Act, except provided in this Rule here
above, in contravention of the Act or any other Rules, the Ministry shall be the
authority empowered to punish him/her it pursuant to Section 18 of the Act.
49. Power to Grant rewards, commendation, letters or Logo : (1) The ministry
may grant a cash reward or a commendation letter to any individual or institution
for rendering significant contributions in matters concerning environmental
conservation control and conservation, prevention, pollution and protection of the

heritages as a token of respect.
(2) Any industry which renders significant contribution as mentioned in
Sub-Rule (1) the Ministry may grant an environment-friendly logo to such
industry, which may use it in its specific products.
(3) In case, any industry does not control and prevent pollution upon
violating of the Act or these Rules; the Ministry may impose a ban on the use of
the environment – friendly logo granted to it.
(4) The Ministry shall publish a public notice of the ban imposed under
Sub- Rule (3).

50. List of Environmental experts: The Ministry shall maintain an updated list of
the persons possessing special knowledge and experience in the field of
environment.
51 .Designating the Authority: The Ministry shall be the authority designated for
the purpose of Sub-Section (6) of Section 8 of the Act.
* 52 Delegation of powers: (1) The Ministry may delegate some of the powers
conferred to it under these Rules to the concerned body or Subordinate body or
any officer level employee as required.
(2) The concerned body may delegate some of the powers conferred to it
under these Rules to the Subordinate body or any other officer level employee as
required.
Provided that the concerned body shall not delegate the power of providing
opinion to the Ministry.
53. Applicability of these Rules: In matters provided for in these Rules, action shall
be taken accordingly and in other matters, action shall be taken pursuant to the
existing laws.

 

 

 

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