[17th
December 2024] S.O. 5453(E).- WHEREAS the
draft notification for bringing out amendment to Environment Relief Fund
Scheme, 2008 was published, by the Government of India in the Ministry of Environment,
Forest and Climate Change, vide notification number S.O. 2919(E), dated the
23rd July, 2024, inviting objections and suggestions from all persons likely to
be affected thereby, before the expiry of 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, the copies of
the Gazette containing the said notification were made available to the public
on the 23rd July, 2024; AND WHEREAS, the objections
and suggestions were received from the public in respect of the said draft
notification within the said period have been duly considered by the Central
Government; NOW, THEREFORE, in exercise
of the powers conferred by sub-section (3) of section 7A of the Public
Liability Insurance Act, 1991 (6 of 1991), the Central Government, hereby makes
the following scheme further to amend the Environment Relief Fund Scheme 2008,
namely:- (1)
This scheme may be called the Environment
Relief Fund (Amendment) Scheme, 2024. (2)
It shall come into force on the date of its
publication in the Official Gazette. In the Environment Relief
Fund Scheme, 2008 (hereinafter referred to as the said scheme), in paragraph 3,
- (a)
after sub-paragraph (1), the following sub-paragraph
shall be inserted, namely: - (1A)
The Relief Fund shall be vested in the Central Government.; (b)
in sub-paragraph (4), for clause (ii), the
following clauses shall be substituted, namely: - (i)
amount remitted as compensation or relief for
any damage to the environment under section 24 of the National Green Tribunal
Act, 2010 (19 of 2010)."; (ii)
penalties and additional penalties imposed
under section 14 or section 15 or section 17 of the Act; (iii)
interest or returns earned on the investments
of the Relief Fund.. In paragraph 4 of the said
scheme, for sub-paragraph (1), the following sub-paragraph shall be
substituted, namely.- (1)
Central Pollution Control Board shall be the
fund manager for a period of five years with effect from 1st day of January,
2025. In paragraph 5 of the said
scheme. - (a)
in sub-paragraph (1), for the words United
Insurance Company Limited, the words Central Pollution Control Board shall be
substituted; (b)
in sub-paragraph (4), after the words
"Demand Draft", the words "or other electronic mode" shall
be inserted; (c)
in sub-paragraph (7), the word 1% shall be
substituted with word 2% and words "from time to time," shall be
omitted; (d)
after sub-paragraph (9), the following
sub-paragraphs shall be inserted, namely: - "(10)
The Fund Manager, in consultation with the Central Government, shall develop
and maintain an online portal for the purpose of implementation of this scheme. (11)
The Fund Manager shall disburse the amount from the Relief Fund as per the
order issued by the District Collector or the Central Government, as the case
may be, under the Act.". For paragraph 6 of the said
scheme, the following paragraph shall be substituted, namely: - "6.
Investment of amount received under Relief Fund. (1)
The amount received under the Relief Fund
shall be invested by the Fund Manager in such a manner so that disbursement of
amounts can be made within fifteen days. (2)
Amounts in the Relief Fund shall be invested
appropriately in public financial institutions as defined in clause (72) of
section 2 of the Companies Act, 2013 (18 of 2013) and in saving accounts to
ensure timely availability of funds for disbursement under this scheme. (3)
The interest on the Relief Fund shall be
quarterly cumulative and shall be reinvested. (4)
The full maturity value on the fixed deposits
shall also be reinvested. (5)
The Fund Manager shall submit an annual
statement of accounts on the management of Relief Fund to the Central
Government.". In paragraph 7 of the said
scheme, (a)
for sub-paragraph (1), the following
paragraphs shall be substituted, namely: - (1)
Where the Collector in an award made under
section 7 of the Act orders the payment of amount from the Relief Fund, he
shall forward the copy of such award made in Form II to the Fund Manager for
release of the amount from the Relief Fund for making the payment to such
person as specified in the order. (1A)
On receipt of a copy of the award and order under sub-paragraph (1), the Fund
Manager shall, subject to the availability of funds, release the amount to the
Collector within a period of thirty days from the date of receipt of the order
and the award.. (b)
in sub-paragraph (4), for the words
"relief money", the word money shall be substituted; (c)
sub-paragraph (11) shall be omitted. After paragraph 7 of the
said scheme, the following paragraph shall be inserted, namely: - 7A.
Restoration of the environmental damage. - (1)
The Fund Manager, upon allocation of funds
under rule 3A of the Public Liability Insurance Rules, 1991, earmark the funds
in the Relief Fund for the purposes provided under sub-section (9) of section 7
of the Act. (2)
The Central Pollution Control Board or the
State Pollution Control Board as the case may be, shall make a detailed plan
for restoration of the damage caused under sub-section (9) of section 7 of the
Act and submit to the Central Government with the estimation of the cost. (3)
The Central Government on being satisfied
with the plan and the estimation submitted under subparagraph (2), may make an
order under sub-rule (2) of rule 3A of the rules for disbursement of amount to
the Central Pollution Control Board or the State Pollution Control Board, as
the case may be, for the purpose of restoration of damage. (4)
The Fund Manager, on receipt of order under
sub-paragraph (3), shall make arrangements for disbursement of amount as per
the said order.. In paragraph 8 of the said
scheme, for sub-paragraph (3), the following sub-paragraph shall be
substituted, namely: - "(3)
The accounts of the Relief Fund shall be audited by an independent auditor
appointed by the Central Government from the panel approved by the Comptroller
and Auditor-General.". For Form-II in the said
scheme, the following Form shall be substituted, namely: - "FORM-II [See
paragraph 7(1)] Office of
Collector-------------(District, State) SERIAL No.: Collector: Date ORDER I hereby sanction
Rs.-----------(in words----rupees) as an relief in respect of ............ (the
death or injury or damage to property) of Shri/Shrimati/Km ------------
resulting from accidents due to manufacture, processing, treatment, package,
storage, transportation by vehicle, use, collection, destruction, conversion,
offering for sale, transfer of the like of such hazardous substances which took
place at ----------- (Name of the industrial unit and Place) on ----------- to
Shri/Shrimati/Kumari ----------- as the legal representative of the deceased or
to Shri/Shrimati/Kumari ---------- (Name of the injured). Signature of the Collector (seal) Date: Place: Copy to: (1)
Fund Manager (2)
Office of the Insurance Company (3)
The Claimant (4)
Collector office file (5)
The Owner concerned".Environment Relief Fund (Amendment) Scheme, 2024
PREAMBLE