THE INDIAN ANTARCTIC ACT, 2022 
______________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS. 

1.  Short title and commencement. 
2.  Application. 
3.  Definitions. 

CHAPTER II 
REQUIREMENT 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.  
10.  Permit for introducing microscopic organisms. 
11.  Permit to enter protected areas. 
12.  Permit for waste disposal. 
13.  Permit for discharge into sea. 
14.  Permit for removal of biological specimen or any other sample from Antarctica. 
15.  Certain provisions not to apply during emergencies. 
16.  Special permit for commercial fishing in Antarctica. 

17. Prohibition of nuclear explosion or disposal of radioactive waste material in Antarctica. 

CHAPTER III 
PROHIBITIONS 

18. Prohibition of introducing non-sterile soil in Antarctica. 

19. Prohibition of introducing specified substances and products. 

20. Prohibition relating to historic sites and monuments. 

21. Prohibition of possessing, selling, etc. 

22. Prohibition of discharge of certain products or substances. 

CHAPTER IV 

COMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION 

23. Constitution of Committee. 

24. Meetings of Committee. 

25. Functions of Committee. 

26. Power of Central Government to give directions. 

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CHAPTER V 

GRANT, SUSPENSION OR CANCELLATION OF PERMIT 

SECTIONS. 

27. Application for permit. 

28. Liability of owner or Operator in certain cases. 

29. Suspension or cancellation of permit. 

CHAPTER VI 

 INSPECTIONS 

30. Inspection in India. 

31. Inspection of international facilities. 

32. Obstruction and false information. 

CHAPTER VII 

WASTE DISPOSAL AND WASTE MANAGEMENT 

33. Waste disposal. 

34. Establishment of waste classification system and waste management plans. 

35. Removal of waste from Antarctica. 

36. Disposal of combustive wastes. 

37. Storage of wastes. 

CHAPTER VIII 

 PREVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL 

EMERGENCY 

38. Committee to ensure compliance of international obligations. 

39. Duties and liabilities of Operator in case of environmental emergency. 

40. Exemption of Operator from liability in certain cases. 

CHAPTER IX 

OFFENCES AND PENALTIES 

41. Penalty for contravention of certain provisions of Act by person. 

42. Penalty for contravention of certain provisions of Act involving vessel. 

43. Penalty for contravention of certain provisions of Act involving aircraft. 

44. Penalty where no provision made in Act. 

45. Offences by companies. 

46. Constitution of fund. 

CHAPTER X 

MISCELLANEOUS 

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SECTIONS. 

47. Security for permit by certain persons. 

48. Designated Court and jurisdiction. 

49. Report to Committee of offences. 

50. Conferment of powers of investigation, etc. 

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

52. Accounts and audit of fund. 

53. Returns and reports. 

54. Protection of action taken in good faith. 

55. Power to make rules. 

56. Power to remove difficulties. 

57. Rules, notifications or orders made or issued to be laid before Parliament. 

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THE INDIAN ANTARCTIC ACT, 2022  

ACT NO. 13 OF 2022 

[6th August, 2022.] 

An Act 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. 

WHEREAS, 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; 

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°  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:— 

1. Short title and commencement.—(1) This Act may be called the Indian Antarctic Act, 2022. 

CHAPTER I 

PRELIMINARY 

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(2)  It  shall  come  into  force  on  such  date* as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 

2. Application.—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; 

(ii) all islands south of 60° 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° South Latitude; 

(iv) all sea and air space south of 60° South Latitude; and 

(v)  the  area  specified  in  Article  I  of  the  Convention  on  the  Conservation  of  Antarctic 

Marine Living Resources. 

3. Definitions.—(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 2 of the 

Aircraft Act, 1934 (22 of 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; 

1. 7th August, 2023, vide notification No. S.O. 3509(E), dated 7th August, 2023, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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(g)  “Committee”  means  the  Committee  on  Antarctic  Governance  and  Environmental 

Protection 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 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  State  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; 

(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 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 3 of the 

Merchant Shipping Act, 1958 (44 of 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 (33 of 1962). 

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(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. 

CHAPTER II 

REQUIREMENT AS TO PERMIT 

4. Permit for Indian expedition to Antarctica.— 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. 

5.  Permit  for  Indian  station  in  Antarctica.—  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. 

6. Permit for vessel and aircraft entering Antarctica.— 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. 

7. Permit for mineral resource activities.— No person or vessel in Antarctica shall— 

(a) drill, dredge or excavate for mineral resources; 

(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. 

8. Permit for certain activities in Antarctica.—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; 

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(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; 

(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. Permit for introducing non-native animals and plants into Antarctica.—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. 

10. Permit for introducing microscopic organisms.— 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. 

11.  Permit  to  enter  protected  areas.—  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. 

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12. Permit for waste disposal.—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. 

13. Permit for discharge into sea.—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. 

14. Permit for removal of biological specimen or any other sample from Antarctica.—(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. 

(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. 

15. Certain provisions not to apply during emergencies.— 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. 

16.  Special  permit  for  commercial  fishing  in  Antarctica.—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. 

CHAPTER III 

PROHIBITIONS 

17.  Prohibition  of  nuclear  explosion  or  disposal  of  radioactive  waste  material  in 
Antarctica.—No  person  shall  carry  out  any  nuclear  explosion  or  dispose  of  any  radioactive  waste 
material in Antarctica. 

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18.  Prohibition  of  introducing  non-sterile  soil  in  Antarctica.—No  person  or  vessel  shall 

introduce non-sterile soil into any part of Antarctica. 

19.  Prohibition  of  introducing  specified  substances  and  products.—No  person,  vessel  or 

aircraft shall introduce into Antarctica any substance or product as may be prescribed. 

20. Prohibition relating to historic sites and monuments.— No person shall damage, destroy or 

remove any historic site or monument or any of its part in Antarctica as may be prescribed. 

21. Prohibition of possessing, selling, etc.— 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. 

22.  Prohibition  of  discharge  of  certain  products  or  substances.—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. 

CHAPTER IV 

COMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION 

23. Constitution of Committee.— (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; 

(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; 

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(c) two experts to be nominated by the Central Government, from the fields of,—  

(i) Antarctic environment; and  

(ii) Geo-politics;  

(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. 

24. Meetings of Committee.—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. 

25. Functions of Committee.—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; 

(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. 

26. Power of Central Government to give directions.—(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. 

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(2) In case of a dispute between the Committee and the Central Government, the decision of the 

Central Government shall be final. 

CHAPTER V 

GRANT, SUSPENSION OR CANCELLATION OF PERMIT 

27.  Application  for  permit.—(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. 

(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 

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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. 

28.  Liability  of  owner  or  Operator  in  certain  cases.—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 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. 

29.  Suspension  or  cancellation  of  permit.—(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  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 

13 

 
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. 

CHAPTER VI 

INSPECTIONS 

30. Inspection in India.—(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 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 

(b) provide any information which the Inspector may require. 

31. Inspection of international facilities.—(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 qualifications 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. 

14 

 
(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. 

32. Obstruction and false information.— (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. 

CHAPTER VII 

WASTE DISPOSAL AND WASTE MANAGEMENT 

33. Waste disposal.—The waste disposal sites on land and abandoned worksites shall be cleaned 

up by the generators of such waste 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. 

34.  Establishment  of  waste  classification  system  and  waste  management  plans.—  (1)  The 

Committee shall establish a waste classification system— 

(a)  for  recording  waste  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  waste  shall  be  segregated  into  the  following 

categories, namely:—  

15 

 
(a) sewage and domestic liquid waste;  

(b) other liquid waste such as medical and chemical waste including fuels and lubricants;  

(c) solids, including organic waste, to be incinerated; 

(d) other solid waste;  

(e) radioactive material; and  

(f) any other waste 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 waste 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. 

35.  Removal  of  waste  from  Antarctica.—  (1)  The  following  waste  produced  in  Antarctica  by 

generators of such waste shall be removed from there, namely:— 

(a) radioactive substances within the meaning of the Atomic Energy Act, 1962 (33 of 1962); 

(b) all kinds of batteries or components thereof; 

(c) fuel, both liquid and solid; 

(d)  waste  containing  harmful  levels  of  heavy  metals  or  acutely  toxic  or  harmful  persistent 

compounds; 

(e)  Polyvinyl  chloride,  polyurethane,  polystyrene  foam,  rubber,  lubricating  oils,  treated 
timbers  and  other  products  which  contain  additives  that  may  produce  harmful  emissions,  if 
incinerated; 

16 

 
(f) all other plastic waste; 

(g) fuel drums other than those required for logistics purposes;  

(h) other solid, non-combustible waste 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 waste as may be prescribed.  

(2) The provisions of sub-section (1) shall not apply to waste,—  

(a) if they are incinerated, autoclaved or otherwise treated to be made sterile; or 

(b) if the removal of such waste 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 waste and other liquid waste 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 waste 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 waste under this section shall be disposed of into the sea subject to a permit issued in that 

regard under section 12. 

(6)  The  waste  generated  at  field  camps  shall  be  removed  to  supporting  stations  or  vessels  for 

disposal. 

36.  Disposal  of  combustive  wastes.—(1)  The  combustible  waste  which  are  not  removed  by 
generators  of  such  waste  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  waste  under  sub-section  (1)  and  from  other 

equipment and vehicles shall be such as may be prescribed. 

37. Storage of wastes.—(1) All waste to be removed from Antarctica, or otherwise disposed of by 
the generators of such waste, 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 waste shall be— 

(a) in good and non-leaking condition; 

17 

 
(b) made of or lined with materials which will not react with, and are otherwise compatible 
with,  the  waste  to  be  stored,  so  that  the  ability  of  the  containers  to  contain  such  waste  is  not 
impaired; 

(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. 

CHAPTER VIII 

PREVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL EMERGENCY 

38.  Committee  to  ensure  compliance  of  international  obligations.—(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 waste 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 (44 of 1958) and the Committee, whenever required. 

39.  Duties  and  liabilities  of  Operator  in  case  of  environmental  emergency.—(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  (44 of 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. 

40. Exemption of Operator from liability in certain cases.—An Operator shall not be liable for 

an environmental emergency under 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:  

18 

 
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. 

CHAPTER IX 

OFFENCES AND PENALTIES 

41.  Penalty  for  contravention  of  certain  provisions  of  Act  by  person.—  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 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 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—  

(i) 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  

(ii) 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. 

42.  Penalty  for  contravention  of  certain  provisions  of  Act  involving  vessel.—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  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. 

43.  Penalty  for  contravention  of  certain  provisions  of  Act  involving  aircraft.—Where  the 

contravention involves an aircraft under this Act, the Operator of such aircraft shall be punishable,— 

* By corrigendum. 

19 

 
                                                           
(a) for contravention of section 6 or section 11 or section 12 or section 19 or 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.  

44. Penalty where no provision made in Act.—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.  

45.  Offences  by  companies.—(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: 

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. 

CHAPTER X 

MISCELLANEOUS 

46. Constitution of fund.—(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. 

* By corrigendum. 

20 

 
                                                           
(3) The Committee shall maintain and administer the fund in such manner as may be prescribed. 

47. Security for permit by certain persons.—(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.  

48.  Designated  Court  and  jurisdiction.—(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 (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) 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). 

49. Report to Committee of offences.—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. 

50. Conferment of powers of investigation, etc.— (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) The officers of police shall assist the officer referred to in sub-section (1), in the execution of 

the provisions of this Act. 

51.  Application  of  Code  of  Criminal  Procedure,  1973  to  proceedings  before  Designated 
Court.— 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. 

52. Accounts and audit of fund.—(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 

21 

 
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. 

53. Returns and reports.—(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.  Protection  of  action  taken  in  good  faith.— 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. 

55.  Power  to  make  rules.—(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 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;  

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(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. 

56.  Power  to  remove  difficulties.—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. 

57. Rules, notifications or orders made or issued to be laid before Parliament.—*Every 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. 

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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. 

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