The Indian Antarctic Act, 2022

The Indian Antarctic Act, 2022

The Bill passed by Hon’ble Loksabha on 22^nd July 2022 and by Hon’ble Rajyasabha on 1^st August 2022. The Indian Antarctic Act, 2022 (No 13 of 2022) received the assent of the Hon’ble President of India on   6^th August 2022 and then notified in the Gazette of India on 8^th August 2022.

The Act aims to provide for 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, the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.

Enforcement of the Indian Antarctic Act, 2022

In exercise of the powers conferred by sub-section (2) of section1 of the Indian Antarctic Act, 2022 (13 of 2022), the Central Government appointed the 7^th day of August 2023, as the date on which the provisions of said Act came into force (The Gazette of India, EO, PART II—Section 3—Sub-section (ii), CG-DL-E-07082023-247892, No 3358, Ministry of Earth Sciences Notification, S.O. 3509(E), dated 7^th August, 2023).

Constitution of the "Committee for Antarctic Governance and Environmental Protection (CAG-EP)"

In exercise of the powers conferred by sub-section (1) of section 23 of the Indian Antarctic Act, 2022 (13 of 2022), the Central Government hereby established a Committee on Antarctic Governance and Environmental Protection (CAG-EP) consisting of (1) The Secretary, MoES as Chairperson (2) ten members from concerned Ministries (3) three expert members, and (4) member Secretary from MoES (The Gazette of India, EO, PART II—Section 3—Sub-section (ii), CG-DL-E-07082023-247893, No 3357, Ministry of Earth Sciences Notification, S.O. 3508(E), dated 7^th August 2023).

Functions of the CAG-EP

According to the provisions of the Act, the Committee on Antarctic Governance and Environmental Protection (CAG-EP) has been constituted and notified by the Central Government has the following functions:

(a) monitor, implement and ensure compliance of the relevant international laws, emission standards and rules for the protection of the 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

Designation of Courts of Sessions

In exercise of the powers conferred by section 48 of the Indian Antarctic Act, 2022 (13 of 2022) and in consultation with the High Court of Delhi, Delhi and the High Court of Bombay, Porvorim, Goa, the Central Government hereby designates the Court of the Additional Session Judge-03, South, Saket, New Delhi and theCourt of the District Judge-I, Panaji, Goa as the Designated Courts for the trial of offences punishable under the said Act, dated 13^th March 2024.

Under this provision:

·         The Designated Court shall have jurisdiction to try any offence punishable under this Act.

·         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.

·         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.

·         Notwithstanding anything contained in the Code of Criminal Procedure, 1973, for the purposes of conferring jurisdiction, an offence under this Act, committed by any person or Operator in Antarctica shall be deemed to have been committed in India.

·         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. 

Designation of Inspectors (See page 3212 of the Gazette Notification)

In exercise of the powers conferred by sub-section (1) of section 30 of the Indian Antarctic Act, 2022 (13 of 2022), the Central Government hereby designates Dr. Aparna Shukla, Scientist, Ministry of Earth Sciences, New Delhi and Dr. Avinash Kumar, Scientist, National Centre for Polar and Ocean Research, Goa as Inspectors for performing the duties and exercising the powers of inspections in India under the provisions of the said Act, dated 23^rd July 2024.

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.

The Inspector may confiscate a sample taken in violation of the permit issued

under this Act.

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.

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