 bill no 33 of  2014 the council for environment protection bill, 2014 by dr ramesh pokhriyal 'nishank', mp a billto provide for the establishment of a council at the centre and in each state and union territory for the protection of environment and ecologybe it enacted by parliament in the sixty-fifth  year of the republic of india as follows:—1  (1) this act may be called the council for environment protection act, 2014(2) it extends to the whole of indiadefinitions2   in this act, unless the context otherwise requires,—5(a) "acts harmful to the environment" includes an act or thing done by any individual, institute, government body or others that pollute or is likely to pollute the environment or cause changes in ecology, flora or fauna of a region to an extent that harms mankind or materially changes the existing environment or leads to the extinction of any species of plants or animals; and10(b) "environment" includes water, both surface and underground, air and land including the surface of the earth, subsoil and the forests (the flora and the fauna) and the inter-relationship which exists amongst and between water, air and land, and human beings, other living creatures and plantsestablishment of councils for environment protection3 (1) the central government shall establish a central council for environment protection (hereinafter referred to as the central council), consisting of five members who are experts in the field of environmental protection, ecology preservation, geology, ornithology, zoology or botany(2) the central council shall have its office at new delhi15(3) the central government shall establish a state council for environment protection(hereinafter referred to as the state council), consisting of three members who are experts in the field of environment or in such field as may be determined by the central government in every state and union territory20(4) the state councils shall have their offices at the respective capital of each state and union territory(5) the councils shall function under the control of union ministry of environment and forests4 the central council shall have the following powers and functions—25powers and functions of central council(a) to study, enquire and conduct research into problems of environmentalprotection or preservation of ecology involving subjects under the central government or involving more than one state or union territory;(b) to enquire into any matter relating to environment or ecology which anystate council deems urgent or extensive enough to necessitate deeper enquiry/study;30(c) to study and enquire into problems of pollution of oceans within the territorialwaters of india;(d) to recommend to the central government or the state government concernedthe steps to be taken for the environmental/ecological protection;35(e) to aid and advise the state councils in the matters of research, environmentstudies and connected matters;(f) to receive reports of state councils and to decide upon further course ofaction; and40(g) to issue orders of injunction suo motu or at the request of any state council,against any person, institute or government body in respect of acts deemed to be harmful to the environment or ecology and the order issued shall be final unless an order vacating the injunction is obtained within six months from any high court having jurisdiction over the subject-matter or area or a major portion thereof5 every state council shall have the following powers and functions—powers and functions of state councils(a) to study, enquire into and do research upon the problems of environmentand ecology in the respective state/union territory;45(b) to study and do research upon causes and effects of natural calamities;(c) to study and do research into pollution of water, air, land (sand), agriculture, marine and dairy produce or any such matter which is likely to harm human health;(d) to recommend to the respective government of the state and union territorythe steps to be taken for environmental protection and preservation of ecology;5(e) to furnish annual report of the work undertaken in the field of problems ofenvironment and ecology to the central council; and10(f) to issue orders of injunction against any person, institute or government body in respect of acts deemed harmful to the environment or ecology and the order of injunction issued by such state council shall take effect immediately and shall become final and binding on the expiry of six months from the date of order unless the person, institute or government body, against whom the order is passed, obtains an order of a competent court, not below the rank of district judge, vacating the injunction within that period:15provided that the state council and/or the aggrieved party may file appeal against the order of the district judge before the high courttenure of councils6 the members of central and state councils shall be appointed for a period of five years and on expiry of such period any member thereof may be re-appointed for such further period or periods, not exceeding two years at a time, as the central government deems fit20overriding effect of the act7 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any enactment other than this actpower to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act25 30(2) every rule made under this act shall be laid, as soon as may be after it is made,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 both the houses agree that the rule should not be made, the rule shall 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 statement of objects and reasonsurgent steps to protect environment and maintain ecological balance have become need of the hour in view of increasing environmental pollution degradation the ecological balance is getting deteriorated day by day in the absence of any appropriate check and balance mechanismthe bill seeks to provide for the establishment of councils at the centre and in every state and union territory for study, enquiry, research and making recommendations on matters relating to protection of environment and preservation of ecologyhence this billnew delhi;june 12, 2014ramesh pokhriyal 'nishank' financial memorandumclause 3 of the bill provides for the establishment of council for environment protection at the centre and in every state and union territory the bill, therefore, if enacted, will involve expenditure from the consolidated fund of indiait will involve a minimum annual expenditure of about rupees two crore by way of salaries, etc for members of the councils and other staffit will also involve a non-recurring expenditure of rupees ten crores from the consolidated fund of india for office infrastructure at the centre and in every state/union territory memorandum  regarding  delegated  legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the establishment of a council at the centre and in each state and union territory for the protection of environment and ecology————(dr ramesh pokhriyal 'nishank', mp)