Environmental Protection (Composition of Offences and Payment of Administrative Penalty) Rules 2014

I EXTRAORDIN.A.RY Registered No~·M324 o trnme.nt a~ette Published by Authority . ·, KA I FRIDAYDECEMBER 19, 2014 GOYlmNMl~NT.OF SINDH · SINDH ENYIRONML~NTAL PROTECTION. ' .AGENCY • Karachi dated the 16th Deccrrtbcr,2014: .NOTl:fi'fCATION NO.EPA/TECH/739/2014:- In exercise of the powers conferred by section 36 .or ,the Sindh • Environment Prqtection Act, 2014, the Environmental lJrotcction Agency, with the approva'I ofGover~mentofSindh, ispleased to make thcfollowing.ru,les:- • 1. Short title and commencement. - (I) These nilcs may he· called· the S1ndh Environmental Protection (Composition of Offences and J1 ayment of Administrative· .Penalty) Rules 2014; (2) They shall come into force at one. 2. Definitions .. ,;; (I} In .these mies, un les·s there 'is anything repugnant in tl{c SU bjcct or context - • • • • (a) "accused" means the person against whoni a complaint .has been' filed; ' (b) "Act" means the Sindh Environ.rnenlal Protection Act, 2014; (c) "administrative penalty.'' m~1ins i:1 penalty imposed by.the Director G~·neral; (d) "~uthorizcd. ·officer." means an. officer of the authorized by the Director Gcileral; . L'iv-107 Ext -I-184B • (488) Price Rs. 60.00 489 THE SINDH GOVT. GAZETTE EXT. DEC. 19, 2014·. (e) ·"Agency" means Sindh .E11vironrncnl f>rolcclion Agency; ({} <(complainant" means Lhe Agcn'ty; Governn1ent Agency, .ol°'IQcal council which or th~ aggriev ccl person who has Ji.led the complc.tint; (g) "complaint" rncar1s ,1 com1)lai11l to the Environmc11tai Protection 'frilninai or Court under sect.ion -25; ' • (h) "Director General" means the Director-General oJ the Agency; (i) "offence" means an offericc made (111c!crtl1e Acl; ai1d (j) "Schedtile" m~a11s Schcdu!Cto these rules; •' - . . (k) "section;' m·eans.a section of the /\ct. (2) The words and expressions used but not dcfi.ncd in these rules shall have.the same meanings as are.rcspectively.assi,gned,to lhcm in thcAct. • 3. Applic~tion to Director Genera Ito conqlound an offcnc~ .. (I) An application by an accused to the Director. General to compound an offence under sub-section (6) of section 22; shall be in~ Form A of Schedule-[. •• . . . (2) Where the conipl.aina11l is other .than the Agency tn whom tile npplitalion is addressed, lhe application shall he signed by the complainant· in token. ol' accepta1:1ce of the of(er of ·compensation contained therein and agreement to the proposed composition of the o fferrc e. (3) The application shall be- acc·ompanied by a11 affidavit of the acc't1sed in r'orm,-13 . of Schedule-[ in respect of the contents oJ the application. (4) Releva11t details of the application s111!11 be entered in the Register niaintaincd by the Director General under rule 9, and acknowledgement rcci.: i pl there() f .issued lo the . accus:ed· in Form C .of Schcdule-L ,4. Application to Environmental Protection Tribunal or .Court. (I) Subject to sub:.' rule (2), where the Director General is of the opinion that the offence may be compounded,. he or ,uJ officer generally or specially· authorized by him in this hchulf, shall submit an appl icalio.n in Form D of Schedule-I, to the Environmc11lal Protection Tribunal or Court for permission to compound the offence. (2) An "application under sub-rule (I) sh al I not be subm i ttcd by the D ircclor General unless - '' • . (a) • the application to compound ,an offence is filed by lhe accused in Form./\ of Schedule:-! with the Director General, complete i11 ull respects,· within thirty days of filing of the compkiint \.\:'ith the· Environment:11 'Protection Tribunal or Court; offer of the accused for paymc1it of a sum t1f money by way of. compensation· fd'r injury· or loss or damage caused by comm.ission of the o ffe,ncc is acceptab\e to -: f . PART-I ( i) ' (ii) THE SINDH GOVT. GAZETTE EXT. DEC. 19, 2014 lh,c Agcn:cy, keeping in view 111s0 'the extent and duration of the contravention.of, or failure to comply with, the p~ovisions of the Act wh ich constitutes. the offence, and the attendant oircumstances; and . • the complainant, i r othc~ than the Agency: Provided that t hc accused's offer shall not bl! less than twenty five percent of the maximum fine-"stipulatccl for the offen ce. 5. Withdrawal of complaint. (I) If the Environmental Protection Tribunal or Court acc·epts the appl'ication. filed under rule 4 and grunts permission to compound the offence, the accused shall be directed to make payment to the.complainant or the sum offered by way of co111pcn.sation and. all costs in respect of the complair1t by a specified date, upon which the offe11ce sludl stand compounded and complaint withdrawn. • (2) Com11nsition of the nr1\~11cc anti withdrawal of the complaint in accorckince with lhc provisions oF sub-section (6). of section 22 and· these rules shall have the effect of acquittal of the accused. • ,· (3) tr pa)'mcnt is not made bythc sp~ciricd date, permission to compound the offence shall. st;rnd withdrawn and the Environmental Protection Tribti"nal or Court shall proceed with the trial or t.he -accused in accordance with law. 490 6. Show cause notice for irnymcnt ·ofadminist,rntivc penalty. (1) Subject to sub-rule (2), where· the Di rec to r-Gcnera I is O Lthe opin iori; that a person has conlray~ncd any provision of the Act, he may issue such person a notice, in Form A of Schedule-II, to show cause ast0 why he should not pay to ~lie Agency, an administrative penalty in the amo;rnt set out. in the notice in accumulative l'orm b'ased. o n the caldllation made for each day against which the contravention continues as provideu"under sub-section (7) of s·ection 22 .. (2) A show cause notice for payment of" administrative penally shall not be issued by the Director General under sub.:rulc (l) relating to u,contravcntion - • (i) (ii) (iii.) (iv) in respect of which a c0mplai11t has already been Filed; or . . • which has resulled an advers.e environmental effect of a particularly seriol,IS or prolonged nature; . • which is contumacipus. or· willful or dcliberitte, after .due notice or knowledge of the contravcrition and is likely consequences; or· b:f a perso~ who has: previously been· convict.ed· of an offence under the Act- or who' has compound an offence under· the Act or who has paid an administrativc.pe·n·alty in respect of any provision of the Act. \. " . : ' 7. Notice· for Payment of admii1istrnti.ve penalty. '(J) Where the Direct0r General, after considering the written reply of the person· fo .whom show cause notice has ,been issued, having granted an opportunity of personal hearing and having satisfied himself, by obtaining· affidavit ofthc acct1secl or othcrwis~- does not fall within the purview of .sub­ rule (2) of rule 6, comes to the conclusion that the. reply is liable to be\cjccted,- he shaf'I • issue him a notice, in Form B of Schedule-II to pay, by a specified date, an ·administratiye penalty in an amount determined under ruleB. • (2) If the person to whorT\ the notice. has been issued under: sub1rule (2), fails to pay the admin•istrative penalty by the specifi.ed· date, the .Director .Gen'en1l. sha.11 initiate appropriate proceedings agairist such person in rcspecf, of the contravention in accordance with law. .491 THKSINDil GOVT. GAZETTE EXT~ DEC. 19. 2014 .PART-I 8. Amount, of, administrative pcnnlty. (l) lhe amount of administrative penalty requi'red to be paid under a notice issued und~r rule 7 .shall be determined, keeping in"view' the extent and duration of the contravention ·and t!1e attenda11l'circu111sli111ccs, but shnll . not (a) 'in the case or a contrnvcntio11 punishable under sul;•section (I) of section 22, be, less thtrn one hundred thousand' rupees for every day the con(ravcntion contiriues; and (b) in the case of~ contravention punishable tmdcr sub-secti.on (2) of sectiqh 22, be less tl1a11 ten thousund:rupees for every day the contravention conti,nues: Provided th'at the amount of adtninistrutive penalty, mentioned in the notice under. rule. 7 i sliall not exceed the amount mentioned in the· show cause , . • ., ' '. • notice under ru I e 6 . • 9. Mah1tcnancc. of Registers. - (!)The Director-General shall maintain I. (a) a register, in Form A of Schedule-Ill, containing relevant details or rill· applications to co1npound o[f'ence re-ceiycd lpider rule 3; , (b)a register, .in r:orm B of Schedule-Ill, conUlining rclcv1111t details or notices for paymc11t of ~ldtni.rristrativc pentillics under. rule 7, . . . . . ·:» . (2) ~he register mentiro11ed,i1fS11b-R;ile (l),shtill beopcnto inspection by Ilic.public dur:ing office hours. . . . . • l 0. ( l) The provisions of the Pr~>Vincia!Sustainablc D~velopmenl Fund. Board (Procedure) Rules, 200 I and Provincial Sustainable Development Fund (Utilization) Rules,. 200 l, to the extent of the Province o,f S indh are hereby repealed; • . (2.) . . .Alf orders made, n. etiflcation issued, actions ta. ken u~.·rr the repealed Rules shall r·.em.ain in force until.amended, altered or repealed by the provisions of thcse'r{utµs. . . . DtRECTOR (~l~N~AL SlNDH r~NVIRONMENTA.L·PROTr~CTroN AGENCY ~HESINDHGOVT. GAZETTE EXT~ .DEC.19, 2014 . SCHi~DULE 1. Form A [Sec Ruic 3(li Application to Director Gc11cra.l to compollnti' all ol'fci1cc The Dircct<H General, Sindh Eavironmcntal Protection Agency, i<a rnchi. APPLICAT(ON To· COMP.OU ND OFl•'l~Nct I, son/daughter/wi fc of 492 resident or --~------ holding CNIC # , lhc proponent/person oJ Mis. • ., .... • ····-·--·- hereby request you to com pound the o ffcnce under sub-section( 6) or s.eetion 22 or the S inclh Envi ronmcntal Protection· Act, 2014 (the Act) in respect of which complaint No. ..:....... --'--'-"- was filed on ---:---'--- against me before, the Environmental l'rolcction Tribu11al/Courl 1 .,.-~ .(place) . . For tbis purpose, I· would like to pay, by . way of compensation, a sum of Rs. to you/the complainant for the injury/loss/damage caused by commission of the offence. I am also willing·to pa/ all y6ur1the complairwnt's in ·respect of the complaint, including costs of investigations, if any. Acceptance/agreement· of complainant is appended below. (Delete, it· complainant is Agency). [ dcclnre that have never prc.vi-ously been convictL:d u1Hfor. the Act, or compounded an offence under the Act, or paid an ad111inisfrative penalty in respect of a contravention of any provision of the Act. My affidavit is. attached. • Permission of the Environi11cJ1tal Protcctipn Tribunal/Court: for composition of' the· offence may please he obtiiincd as provided under section 22(6) of the Act and Sindh Environmental Protectio'n Agene>y (Compositinn nf Offences and Payinent or Adminislrativc Penalty) Rulcs;2O14. • • Your's faithfully, Dated:- (Signaturi.: of' accused) I hereby accept the above-mentioned offer. of compensation ai'1d ugree to the proposed composition of the offence. (Complainant) pated:....,.. ~ (Delete, if complainant is Agency) 493 THE SINDH GOVT. GAZETTE EXT. DEC. 19, 2014. SCHEDULE I Form B (Sec llulc 3(3) Affidavit of accused PART-I !, ------------"- son/daughtcr/w1,fc of ------···-------- ---···---' rc-sident • or : ., . , · holding CNIC /I ~-----' the proponent/person of Mis do solemnly uffirmand declare as fol lows: 1. Thal [ have requested the Director General, Sindh Envirirnmental Protection Agency, Karachi, to compound the offence Linder sub~scction (6} of section. 2·2 o( "the Environmental Protection .'\ct,2014 (the Act) in respect . of which complaint Ni>. was filc'd nn (date) against rne. before the Environmental Protection Tribunal/(;ourt-. • • 2. Thal for this purpose, 1 • woultj -like to pay, by way of compensation,. a· sum of Rs. .,... to yc,u/thc ·complainant for the injury/loss/damage. caused by commission of the offence. I am also willing lo pay all your/the complainant's costs . in respect of the complaint, including, costs of investigations,' if any: ., 3. I declare thaU have never previ<1usly been cnn'victccl under the Act: M compounded ' an offence under the ,;\ct, or paid an administrative peI1alty in respect of a conlravcnt ion of any pr·ovision or the ;\ct. , \ Deponent Verified on oath at lhal the contents of the :ibovc /\ffic.lavit arc • tr't1e and correct to the best of my iuformution· .. knowledge and· belier. PART-I THE SINDH GOVT. GAZETTE- EXT. DEC. 19, 2014 sci1 l~DULE I F'orm C (Sec Ruic 3(4) • Ack11owlcdgcmcnt of Rcl~cipt Si 11 d h Ii: ii \I i ro 11 111 C 11 l :al J' ro (Cd i O II Ai,t l! II Cy Receipt is hereby acki10wledgcd of applic.(tinn filed by (m111H.:): ~-'-'-----:--;- -•·•------·-· son/d au gh tc r/ w i f'c or (name), re!-: i dent of. (add ,·c·ss)'-- --~-'----' • p ropo 1J\!1~ t/ person of '!\Ms • • , ' containing ofl"cr ol' compensatjo11 or Rs. ~...;.. .----'-- to compound the offence under scctfon 22 •or .the Sinclh Environmental Protection Act,2014 in respect of which co111plai11~, No. : . ~was fil.e<l- on before the En'(ironmcntal PrcJ.tcction Tril:rnnal/Court (place) ..,. ~ No: (of Acknowledgment of Receipt) Date: Di1·ector General (of receipt of appllcation) • Serial iio. or llcgistcr -"-'------~ 494 495 THE' SINDH GOVT. GAZETTE. EXTj)EC. 19 .. 2014. SCHIWIJU: I l•'or111 D (Sec Ruic 4( I) Application to EnvironmcntaLPrntcction ·Agcn.cy or Court for''Pl~ rmission to co111pound an 0Hcr1cc • Before the l~nvironmcntnl Tl'ihmtal (place) I ., Oa· .. Court(11lucc). Compl,aint No. .. '-- of-' VS -------~ (Name of cori1pluirrnnt) (Name of nccuscd) =-=PAa.=R=T=--=-I · ----=T=H=E S IN D H=-· -GOVT. GAZETTE EXT. ~EC. 19, 2014. APPLIC ATION UNDER SECTJON·i2(6) OF THE.SIN.Dll l~NVIRONMENTAL PROTECTION ACT, 201~ FOi~ PERMISSION TO .COl\tlPOlJNO THE Of'Ff.::NCE I. The accuse~! again·st whom the -tilled complaint· under scctio·n of the Sindh Environmental Protection Act,2<) 14 ha~ been riled. has, vidC ,1pplicatiqn dated attached herewith, requested for composition of>the,said offence. 2. The applicant fulfills the rcq1.iire111ents of the Sindh Environmental Protection Agency 1 (Composition of Offences and Payment of Administrative Penalty) Rules~ 2014 in th~t • -. • ·(a) the appl ication dated · ----- has been filed in the prescribed form by the accused on (dale) within. days of the filirfg .of the complaint on (date); (b) the accused has offered to p~lY a sum of :Rs . .,.. by ·way -of'compensation • for the injury/loss/damage caused by the commission of the offence, which" offer. is acceptable - . • 1 • • ·- • (i) the Sindl1 Environmental' Protec"tion Agency, keeping in vie~• also :the extent and ·uuration of the contravention .of, or failure to comply. with, the . . I provisio11s of section ---~ constituting the .offence, and the attcnqa~t .circumstances; and (ii) the complai11anl, a~ per •his acknowledgement <in the -application of the accused .(delete if incapable); ... (c) the accused has also agreed lo puy ull costs ,in rcs1focl of !he complaint, including costs of investigation, whid1 have hccn catculatcd ul Rs. , .: , ; It is accordingly requested .that permission to compound the offence in rc,spcct of which the titled ·complaint h'as been filed may be granted and the complaint ordered to be withdr'a,wu·on payment by the ·accused of the· sums detailed in clauses (b) and (c) above,. bya specified date. • • • Direct~1r Gen~r~I Dated: Sindh .. En:viron~cntal Protection A9elicy l ' I • .,.. .· ... ,.-., ......... ....:. .... . To, THESINDH GOVT. GAZETTE EXT. DEC. l9, 2014 Ftldn A (see rnle 6(1) Show. Cause Notice for payment of Administrntivc-"l•crrnHy. S,indh Knvironmcn.tal Protection Agency PART-I Dear Sir,, .. I. On the basis of information received/investigation mad~. I um of the opinion that you have primu fncie contravened . the pr6visions ·or section . of EilVironrhental Protection Act, 2014. on [dale] at [time] at {place}. • 2,.' In the circu111stunccs, t hereby cull upon ydu to show cuusc why I • should noV.in exercise of powers under sub-section (7) of.Section 22 o[the Act,require you lo pay to the 8indh Environmental Protection Agency uri administrative penalty in the amount of Rs. ··-~---- for euch day the conlrnvcnliori. contim1es. Please note tlrnt if you puy the :·conlruvcntion nforesnid nccumtilatcd • amount nf iulmini'strntive pc1rnlty;· you .will not be charged under the AcL with nn ofi'cnce in rcspccl nf the contruvcntiqn. Your reply should reach the undersigned within seven days ofreceipt of this notice, Jailing which i't shall be presunicd tl;at you do not wish to contcsfthe hrntter, and .I shall proceed to issue you notice to pay the afoi:csaid administrative penalty ~ithout further reference. ' ' ' Director Gencrnl, Sinclli. Environmcnhnl A~cncy i PART-I Date: li'.orni B !Sec lhrlc 4(1)] Notice for pay~tcnt of Envir~rnmcntal Administr ativc Penalty Si ndh Ei1vironmcnt:1I Protcc'tion Age~cy • •• ,---~ NOTICE IrOH. l~AYMli:N'f·OF ADM~NISTRATlVl~ Pl~NALTY .. 498 WHE:REAS; on the ba~is . of informulion received/investigation mudc I Imo formed· the opinion .that you have pri ma facic contravened the prC!visioris ofScction --'-• of the S indh Envirnnm.cntal Protection Act, 2014 on [d~1te} at [time} at [place]. AND WHEREAS, in response to sh.ow-.ca~se noti~e dated I issued by me, you have furnished reply dated ·to the following effect---------- or '1ave opted not.to file a .reply of the said notice. AND WHER~AS, after carefully co~sidering yo~r.wrftten reply c1·at~d and huving granted you an opportunity of personal hearing on , l have; come lo the conclusion that your reply is liable to be rejec~ed forthe following reasons. . . . • NOW T.HRREfORE, in exercise ofpowcrs under sub~st:ction (7) of section 22 of the Act, I ·11~rebr issue notice requiring you to.· pay to tll-C Sindh Enviromncntul J>rolcction~ Agincy within days· of receipt 'hereof un udministrulivc pc;rnlty in lhc amount of ' . • Rs. . ·Plcusc note tlrnt if you pay the admini stj·1itive pc1folly hy the due date, you will not he clrnrgcd umler the Act for all offence in -respect of Lhc contravcniion. However, in cairn you fail to rnakc payment, I shat! initiate ,~ppropriutc. prlH.:ce~tings against you fo resp~ct of the. contravention, in·accor<lance with law. Direct~r ·GcnJ.crnl, S-indr, Environmcrihal-Ag.ency . . I ),ail ~ = ~ ~ s M ·eJ:.. '!""I u ~ Q ~ ~ g:: ~ ~ N ~; r.,! ~ >1. 0 c..., ,sr. 'No. w •• -. li'!ame, A.mount ~ • • ercentage • p ffered ~cknowle - nd. ~s ~gIIlent of ddress of ~ompens receipt no. r cc~ed/ ~tion and date riPPhcant • I 1· Form A [See Ru.le 9(1)] Register of 3. pplicants to compound off enc.es jComplaint/Section 'n9. and ~PACT date of 1'2014 • . I filing µnder lwhich filed l·· l I i ! Nam e, ;costs in percentage respect of and ~om plaint addr:ess of cornplaina ! nt ••• · I SCHEDULE lU Form.B • [See Rule 9(1)) pate of . • application I . ~o. !Environme btal. ~ribunal/C ~urt. i f' Date of order I Date of payment ofET/Court byaccused. withdra\,ial of complaint Regi'ster of notices for ,payment of Administraflve Penalty 1sr: 1No. Name· Date ! .. , j !Parental!e , pf rnd add;ess rssue ~f person ff :to whom. t5how ~ho-.v cause fause lnutice notice i•. ! ~ssued I I ~ection of. Amount -of Date lPEPA. 1997 Administrati.ve r f ~aid to have penalty · r¢ply been. mentioned • in ontravened sho\v cause notice . ,Date of ~OlUlt of issue of ~hvironmental notice or rA.dm inistrative date of [Penalty l • d . acceptance imentlone m ,,of replv notice • • j Date Date specifje Environmental d administrativ~ for payment of penalty paid or Environmental date of inatiation­ Administrative of proceedings penalty 1 ( sped fy n~ture) '· fl!I fl!I ., .(I.) 11111 ~ = (I,) e = 11111 ~ ;.., c3 :a = ... r/j ~ ..... ~ ~ ~ = ... 11111 ~-~ •• 'I'""! ·-= .dN ·Ya f~ '~~ .~-~