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.
(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.
* By corrigendum.
21
(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
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.
22
(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;
23
(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.
24
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.