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notification2019CENTRAL

Final Notification Declaring Eco Sensitive Zone S.O. No.3149(E) around Badrama and Khalasuni Wildlife Sanctuary, Odisha

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EXTRAORDINARY PUBLISHED BY AUTHORITY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 29th August, 2019 S.O.3149(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number S.O. 1875 (E) dated the 10th May, 2018, inviting objections and suggestions from all persons likely to be affected thereby within the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the Gazette containing the said draft notification were made available to the public on the 11th May, 2018; AND WHEREAS, objections and suggestions were received from persons and stakeholders in response to the draft notification were duly considered; AND WHEREAS, Badrama Wildlife Sanctuary havingarea of 304.63 square kilometres is located in between 21º20’ to 21º40’N latitude and 84º10’ to 84º30’ E longitude in Sambalpur and Deogarh districts; while Khalasuni Wildlife Sanctuary with an area of 116 square kilometres is located in between 21º15’ to 21º25’N latitude and 84º15’ to 84º35’ E longitude in the Sambalpur district of Odisha for in-situ conservation of wildlife; AND WHEREAS, Badrama Wildlife Sanctuary and Khalasuni Wildlife Sanctuary are contiguous geographically with a common boundary of 37 kilometres, function as natural habitat for wide variety of flora and fauna which includes species like elephant (Elephas maximus), barking deer (Muntiacus muntjak), leopard (Panthera pardus), hyena (Hyaena hyaena), owl (Athene brama), sloth beer (Melursus ursinus), pati mankad (Macaca mulatta),langur (Presbytis enetellus), wild pig (Sus scrofa), porcupine (Hystrix indica), rabbit (Lepu smigricollis), pangolin (Manis crassicaudata), sambar deer (Cervus unicolor), spotted deer (Axis axis), wild dog (Cuon alpines), giant squirrel (Rutafa indica), bison (Bos gaurus )and mouse deer (Tragulus meminna)etc. and offers large tract of carrying capacity for the survival of Asian elephants. While Ahiraja (Ophioptagus hannah), ajagara (Python molurus), boda (Boa constricta), dhamana (Ptyas musosus) and naga (Naza naza), monitor lizard (Varanus), are some of the reptile species recorded from the Sanctuaries; AND WHEREAS, a number of territorial birds of Indian origin stay here the year round; major bird species includes peacock (Pavo cristatus), jungle fowl (red) (Gallus gallus), dove (Streptopelia decaocto), horn bill (Anthracoceros coronatus), wood packer (Picoides nanus), sua (Pesittacula cyanocephala), teetri (Perdicula asiatica), etc. and amphibians such as land monitor lizard (Varanus bengalensis) and pangolin (Manis spp.) have been recorded in these Sanctuaries; AND WHEREAS, the flora of these sanctuaries is represented by Sal and its associates like asan (Terminalia tomentosa), sal (Shorea robusta), kasi (Bridelia retusa), gambhar (Gmelina arborea), etc. along with patches of bamboo breaks; Other major flora includes bija (Pterocarpus marsupium), kendu (Diospyros melanoxylon), amla (Emblica officinalis), arjun (Terminalia arjuna), bahada (Terminalia belerica), bhalia (Semicarpusana cardium), sisu (Dalbergia latifolia), bandhan (Ougeiniao ojeinensis), kurum (Adina Cordifolia), mundi (Mitragyna parviflora), sidha (Lagerstroemia parvifolia), simal (Bombax ceiba), karada (Cleistanthus collinus), chara (Buchanani alanzan), sunari (Cassia fistula), mai (Lanneacoro mandelica), dhaura (Anogeissus latifolia), dhatuki (Woodfordia fruticosa), gurudu (Gardenia gummifera), kurei (Hollarrhenaantidy senterica), kumbhi (Clerodenderonvi scosum), gunj (Milletia auriculata), siali (Bauhinia vahlli), madanga (Loranthuslon giflorus), jamu (Syzygium cumini) and khakada (Casearia elliptica) and grasses included uba (Cynodonda ctylon), dhanwantary (Cymbopogon mortinii), sabai (Eulaliopsis Binata), salia bamboo (Dendrocalamus strictus) and kanta bamboo (Bambusa aurindinaceae), etc.; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Badrama - Khalasuni Wildlife Sanctuary which are specified in paragraph 1 as Eco-sensitive Zone from ecological, environmental and biodiversity point of view and to prohibit industries or class of industries and their operations and processes in the said Eco-sensitive Zone; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act 1986 (29 of 1986) (hereafter in this notification referred to as the Environment Act) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent of 7 kilometres to 11 kilometres around the boundary of Badrama and Khalasuni Wildlife Sanctuaries, in Deogarh and Sambalpur districts in the State of Odisha as Eco-sensitive Zone (hereafter in this notification referred to as the Eco-sensitive Zone) details of which are as under, namely:- 1. Extent and boundaries of Eco-sensitive Zone. – (1)The Eco-sensitive Zone shall be to an extent of 7 kilometres to 11 kilometres around the boundary of Badrama and Khalasuni Wildlife Sanctuaries and the area of the Eco-sensitive Zone is 1413.96 square kilometres. Out of total area of Eco-sensitive Zone, 1052.98 square kilometres fall in Sambalpur district and 360.98 square kilometres fall in Deogarh district of Odisha. (2) The boundary description of Badrama- Khalasuni Wildlife Sanctuaries and its Eco-sensitive Zone is appended in Annexure-I. (3) The maps of the Badrama - Khalasuni Wildlife Sanctuaries demarcating Eco-sensitive Zone along with latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB, Annexure-IIC,Annexure- IID and Annexure-IIE. (4) List of geo-coordinates of the boundary of Badrama - Khalasuni Wildlife Sanctuaries and Eco- sensitive Zone are given in table A and B of Annexure-III. (5) The list of villages falling in the Eco-sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV. 2. Zonal Master Plan for Eco-sensitive Zone.-(1) The State Government shall, for the purposes of the Eco- sensitive Zone prepare a Zonal Master Plan within a period of two years from the date of publication of this notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification for approval of the Competent authority of State. (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any. (3) The Zonal Master Plan shall be prepared in consultation with the following Departments of the State Government, for integrating the ecological and environmental considerations into the said plan:- (i) Environment; (ii) Forest and Wildlife; (iii) Agriculture; (iv) Revenue; (vi) Tourism; (vii) Rural Development; (viii) Irrigation and Flood Control; (ix) Municipal; (x) Panchayati Raj; and (xi) Public Works Department. (4) The Zonal Master Plan shall not impose any restriction on the approved existing land use, infrastructure and activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all infrastructure and activities to be more efficient and eco-friendly. (5) The Zonal Master Plan shall provide for restoration of denuded areas, conservation of existing water bodies, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, needs of local community and such other aspects of the ecology and environment that need attention. (6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages and urban settlements, types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places, horticultural areas, orchards, lakes and other water bodies with supporting maps giving details of existing and proposed land use features. (7) The Zonal Master Plan shall regulate development in Eco-sensitive Zone and adhere to prohibited and regulated activities listed in the Table in paragraph 4 and also ensure and promote eco-friendly development for security of local communities’ livelihood. (8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan. (9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for carrying out its functions of monitoring in accordance with the provisions of this notification. 3. Measures to be taken by the State Government.-The State Government shall take the following measures for giving effect to the provisions of this notification, namely:- (1) Land use.– (a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-sensitive Zone shall not be used or converted into areas for commercial or residential or industrial activities: Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part (a) above, within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of Central Government or State Government as applicable and vide provisions of this Notification, to meet the residential needs of the local residents and for activities such as:- (i) widening and strengthening of existing roads and construction of new roads; (ii) construction and renovation of infrastructure and civic amenities; (iii) small scale industries not causing pollution; (iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism including home stay; and (v) promoted activities given under paragraph 4: Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of the State Government and without compliance of the provisions of article 244 of the Constitution or the law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007): Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change: Provided also that the correction of error shall not include change of land use in any case except as provided under this sub-paragraph; (b) efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat restoration activities. (2) Natural water bodies.-The catchment areas of all natural springs shall be identified and plans for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan and the guidelines shall be drawn up by the State Government in such a manner as to prohibit development activities at or near these areas which are detrimental to such areas. (3) Tourism or Eco-tourism.- (a) All new eco-tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be as per the Tourism Master Plan for the Eco-sensitive Zone; (b) the Eco-Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with State Departments of Environment and Forests; (c) the Tourism Master Plan shall form a component of the Zonal Master Plan; (d) the Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco- sensitive Zone. (e) the activities of eco-tourism shall be regulated as under, namely:- (i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the Wildlife Sanctuaries or upto the extent of the Eco-sensitive Zone whichever is nearer: Provided that beyond the distance of one kilometre from the boundary of the Wildlife Sanctuaries till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan; (ii) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate Change and the eco-tourism guidelines issued by National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism, eco-education and eco-development. (iii) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee and no new hotel, resort or commercial establishment construction shall be permitted within Eco-sensitive Zone area. (4) Natural heritage.- All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan. (5) Man-made heritage sites.- Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic, and cultural significance shall be identified in the Eco-sensitive Zone and heritage conservation plan for their conservation shall be prepared as part of the Zonal Master Plan. (6) Noise pollution. -Prevention and control of noise pollution in the Eco-sensitive Zone shall be complied with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act. (7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be carried out in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder. (8) Discharge of effluents.-Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by State Government whichever is more stringent. (9) Solid wastes.-Disposal and Management of solid wastes shall be as under:- (a) the solid waste disposal and management in the Eco-sensitive Zone shall be carried out in accordance with the Solid Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number S.O. 1357 (E), dated the 8th April, 2016; the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco-sensitive Zone; (b) safe and Environmentally Sound Management (ESM) of Solid wastes in conformity with the existing rules and regulations using identified technologies may be allowed within Eco-sensitive Zone. (10) Bio-Medical Waste.– Bio Medical Waste Management shall be as under:- (a) the Bio-Medical Waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-Medical Waste Management, Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R 343 (E), dated the 28 th March, 2016. (b) safe and Environmentally Sound Management of Bio-Medical Wastes in conformity with the existing rules and regulations using identified technologies may be allowed within the Eco- sensitive Zone. (11) Plastic waste management.- The plastic waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Plastic Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 340(E), dated the 18th March, 2016, as amended from time to time. (12) Construction and demolition waste management.-The construction and demolition waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 317(E), dated the 29 th March, 2016, as amended from time to time. (13) E-waste.-The e - waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change, as amended from time to time. (14) Vehicular traffic.– The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal Master plan is prepared and approved by the Competent Authority in the State Government, the Monitoring Committee shall monitor compliance of vehicular movement under the relevant Acts and the rules and regulations made thereunder. (15) Vehicular pollution.-Prevention and control of vehicular pollution shall be incompliance with applicable laws and efforts shall be made for use of cleaner fuels. (16) Industrial units.– (i) On or after the publication of this notification in the Official Gazette, no new polluting industries shall be permitted to be set up within the Eco-sensitive Zone; (ii) only non-polluting industries shall be allowed within Eco-sensitive Zone as per the classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless so specified in this notification, and in addition, the non-polluting cottage industries shall be promoted. (17) Protection of hill slopes.- The protection of hill slopes shall be as under:- (a) the Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted; (b) construction on existing steep hill slopes or slopes with a high degree of erosion shall not be permitted. 4. List of activities prohibited or to be regulated within Eco-sensitive Zone.- All activities in the Eco sensitive Zone shall be governed by the provisions of the Environment Act and the rules made there under including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment Notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:- TABLE Prohibited activities 1. Commercial mining, stone quarrying and crushing units (a) All new and existing mining (minor and major minerals), stone quarrying and crushing units are prohibited with immediate effect except for meeting the domestic needs of bona fide local residents including digging of earth for construction or repair of houses and for manufacture of country tiles or bricks for housing and for other activities; (b) The mining operations shall be carried out in accordance with the order of the Hon’ble Supreme Court dated the 4th August 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21st April 2014 in the matter of Goa Foundation Vs. UOI in 2. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone. 3. Use or production or processing of any hazardous substances. Prohibited (except as otherwise provided) as per the applicable laws. 4. Setting of industries causing pollution (Water, Air, Soil, Noise, etc.). New industries and expansion of existing polluting industries in the Eco-sensitive Zone shall not be permitted: Provided that non-polluting industries shall be allowed within Eco-sensitive Zone as per classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless otherwise specified in this notification and in addition the non-polluting cottage industries shall be promoted. 5. Establishment of major hydro-electric project. Prohibited (except as otherwise provided) as per the applicable laws. 6. Commercial use of firewood. Prohibited (except as otherwise provided) as per the applicable laws. 7. Discharge of untreated effluents in natural water bodies or land area. Prohibited (except as otherwise provided) as per the applicable laws. 8. Setting up of brick kilns. Prohibited (except as otherwise provided) as per the applicable laws. Regulated activities 9. Commercial establishment of hotels and resorts. No new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the S. No. Activity Remarks protected area or upto the extent of Eco-sensitive Zone, whichever is nearer, except for small temporary structures for eco-tourism activities: Provided that, beyond one kilometer from the boundary of the protected area or upto the extent of Eco-sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable. 10. . Construction activities. (a) New commercial construction of any kind shall not be permitted within one kilometer from the boundary of the protected area or upto extent of the Eco-sensitive Zone, whichever is nearer: Provided that, local people shall be permitted to undertake construction in their land for their use including the activities mentioned in sub- paragraph (1) of paragraph 3 as per building bye- laws to meet the residential needs of the local residents. Provided further that the construction activity related to small scale industries not causing pollution shall be regulated and kept at the minimum, with the prior permission from the competent authority as per applicable rules and regulations, if any. (b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan. 11. . Discharge of treated waste water or effluents in natural water bodies or land area. The discharge of treated waste water or effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water. Otherwise the discharge of treated waste water or effluent shall be regulated as per the applicable laws. 12. Air and vehicular pollution. Regulated as per the applicable laws. 13. Undertaking other activities related to tourism like flying over the Eco- sensitive Zone area by hot air balloon, helicopter, drones, Microlites, etc. Regulated as per the applicable laws. 14. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies. Regulated (except otherwise provided) as per the applicable laws except for meeting local needs. 15. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules and regulations available guidelines. 16. Use of polythene bags. Use of polythene bags are permitted within the Eco sensitive Zone: Provided that based on specific requirement, it shall be regulated as per the applicable laws. 17. Introduction of exotic species. Regulated as per the applicable laws. 18. Commercial extraction of surface and ground water. Regulated as per the applicable laws. 19. Felling of trees. (a) There shall be no felling of trees in the forest or Government or revenue or private lands without prior permission of the Competent Authority in the State Government. (b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made thereunder. 20. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws (underground cabling may be promoted). 21. Recycling of bio degradable material. Regulated as per the applicable laws. 22. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation as per the applicable laws, rules and regulation and available guidelines. 23. Fencing of existing premises of hotels and lodges. Regulated under applicable laws. In order to allow free movement of wildlife, hotels or other commercial establishments within the Eco- sensitive Zone shall not fence their properties with barbed wire and no fence shall be higher than one meter. Any existing fence not complying with this stipulation shall be modified as per the time lines mentioned in the Zonal Master Plan. 24. Drastic change of agriculture systems. Regulated as per the applicable laws. 25. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws. 26. Commercial sign boards and hoardings. Regulated as per the applicable laws. 27. Small scale non polluting industries. Non polluting industries as per classification of industries issued by the Central Pollution Control Board in February, 2016 and non-hazardous, small- scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous materials from the Eco-sensitive Zone shall be permitted by the competent Authority. 28. . Collection of Forest produce or Non- Timber Forest produce. Regulated as per the applicable laws. 29. Trekking and camping. Regulated as per the applicable laws. 30. Protection of hill slopes and river banks. Regulated as per the applicable laws. 31. Solid waste management. Regulated as per the applicable laws. 32. Eco-tourism. Regulated as per the applicable laws. 33. Commercial sign boards and hoardings. Regulated as per the applicable laws. Promoted activities 34. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries. Permitted as per the applicable laws for use of locals. 35. Organic farming. Shall be actively promoted. 36. Adoption of green technology for all activities. Shall be actively promoted. 37. Cottage industries including village artisans, etc. Shall be actively promoted. 38. Rain water harvesting. Shall be actively promoted. 39. Use of renewable energy and fuels. Bio-gas, solar light etc. shall be actively promoted. 40. Plantation of Horticulture and Herbals. Shall be actively promoted. 41. Agro-Forestry. Shall be actively promoted. 42. Skill Development. Shall be actively promoted. 43. Environmental awareness. Shall be actively promoted. 44. Restoration of degraded land/ forests/ habitat. Shall be actively promoted. 5. Monitoring Committee for Monitoring the Eco-sensitive Zone Notification.- For effective monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment (Protection) Act, 1986, the Central Government hereby constitutes a Monitoring Committee, comprising of the following, namely:- (i) Collector Sambalpur Chairman, ex officio (ii) A representative of Non-governmental Organisation working in the field of wildlife conservation to be nominated by the State Government Member; (iii) A Representative of State Pollution Board Odisha Member; (iv) A Representative of Collector, Deogarh Member; (v) Superintendent of Police, Sambalpur Member; (vi) An expert in Biodiversity nominated by the State Government Member; (vii) One expert in Ecology from reputed institution or university of the State Member; (viii) Representative of Superintendent of Police Deogarh Member; (ix) Divisional Forest Officer Rairakhol Member; (x) Divisional Forest Officer, Sambalpur (South) Member; Division 6. Terms of reference. – (1) The Monitoring Committee shall monitor the compliance of the provisions of this notification. (2) The tenure of the Monitoring committee shall be for three years or till the re-constitution of the new Committee by the State Government and subsequently the Monitoring Committee shall be constituted by the State Government. (3) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 1533 (E), dated the 14 th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site- specific conditions and referred to the Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearances under the provisions of the said notification. (4) The activities that are not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 1533 (E), dated the 14th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site- specific conditions and referred to the concerned regulatory authorities. (5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner(s) shall be competent to file complaints under section 19 of the Environment Act, against any person who contravenes the provisions of this notification. (6) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements on issue to issue basis. (7) The Monitoring Committee shall submit the annual action taken report of its activities as on the 31st March of every year by the 30 th June of that year to the Chief Wildlife Warden in the State as per proforma appended at Annexure V. (8) The Central Government in the Ministry of Environment, Forest and Climate Change may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions. 7. The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification. 8. The provisions of this notification shall be subject to the orders, if any passed or to be passed by the Hon’ble Supreme Court of India or High Court or the National Green Tribunal. ANNEXURE- I BOUNDARY DESCRIPTION FOR THE ECO-SENSITIVE ZONE OF BADRAMA AND KHALASUNI WILDLIFE SANCTUARIES IN ODISHA The boundary starts from divisional boarder line near Akhadadanda in south direction to a village road then move towards South-West direction up to a nala, then it runs up to a road Jhankarpali to Tangarpali. Then it move towards Thirupali and then towards South along the foot hill of Garpati Reserve Forest and meets a road near Sukupara. Then it runs towards South via Tabrobahal, Pandripali and meets road near Goupara. Then it runs along the runs along the road up to Nuamura. After a distance of nearly one kilometer towards East it turns towards South in zig-zag manner by nalha via Karlabahal, Bhikhampur, Piplipali and meets Mudkinala. Then it runs along a road to Giripali and meets Maltijorenalha up to Dumalpadar. Then it runs up to Khaliyapali by road via Baham. After a distance of ½ kilometer towards East it runs towards South along the road via Kadalimunda, Jharjhari, Petupali and then runs along Bhutrijorenalha and meets the inner boundary line of CharbahalKhaman near Mudtal. Then it runs along the boundary line of CharbahalKhaman RF in South direction up to Marungabahal. Then it runs towards East up to one kilometer and then runs along a nala and crossed the boundary line of Landakot RF and meets Gariakhaman-Nuagaon road uptoNuagaon. From Nuagaon it runs towards South and meets a road and runs along the road up to Phulkusum via Badabahal. Then reached Sarah via Ghodadian. Then it runs towards South up to the foot hill of Kholgad Reserve Forest. After a