The Indian Antarctic Act, 2022

Administered Ministry: Ministry of Earth Sciences

A2022-13.pdf

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Section

Section 41 Penalty for contravention of certain provisions of Act by person.

Any person who contravenes the provisions of,---

(a) section 4 or section 5 or section 8 or section 12 or section 18 or section 19 or section 20 or section 21 or sub-section (4) of section 29 or section 36 or section 37, shall be punishable with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees, or with both;

(b) section 7 or section 9 or section 10, shall be punishable with imprisonment for a term which may extend to seven years and with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees;

(i) an imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and with fine which shall not be less than fifty crore rupees for any nuclear explosion in Antarctica; and

(ii) an imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life and with fine which shall not be less than twenty-five crore rupees for disposal of any radioactive waste material in Antarctica.

(d) section 11 or section 16 or section 33 or section 35, shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen lakh rupees but which may extend to seventy-five lakh rupees, or with both;

(e) section 14 ¹[or sub-section (2) of section 32], shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with both.

²[(f) any person who obstructs any inspection team authorised under section 31 in the lawful exercise of any functions of inspection conferred by or under this Act in Antarctica, shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with both:

Provided that obstruction shall not include any act or omission arising from physical or mental incapacity, unintentional conduct, or circumstances beyond the control of a person.]

1. Subs. by Act 8 of 2026, S. 2 and Sch., for “or section 32” (w.e.f. 30.09.2026).

2. Ins. by s. 2 and Sch., ibid. (w.e.f. 30.09.2026).

Section 42 Penalty for contravention of certain provisions of Act involving vessel.

Where the contravention involves a vessel under this Act, the Operator of such vessel shall be punishable,---

(a) for contravention of section 6 or section 11 or section 12 or section 13 or section 18 or section 19 or section 21 or section 22, with imprisonment for a term which may extend to three years, or with fine which shall not be less than one crore rupees but which may extend to five crore rupees,or with both;

(b) for contravention of section 7 or section 9 or section 39, with imprisonment for a term which may extend to seven years and with fine which shall not be less than two crore rupees but which may extend to ten crore ¹rupees.

¹. By corrigendum.

Section 43 Penalty for contravention of certain provisions of Act involving aircraft.

Where the contravention involves an aircraft under this Act, the Operator of such aircraft shall be punishable,---

(a) for contravention of section 6 or section 11 or section 12 or section 19 or section 21, with imprisonment for a term which may extend to three years, or with fine which shall not be less than one crore rupees but which may extend to five crore rupees, or with both;

(b) for contravention of section 9, with imprisonment for a term which may extend to seven years and with fine which shall not be less than two crore rupees but which may extend to ten crore ¹rupees.

¹. By corrigendum.

Section 44 Penalty where no provision made in Act.

Any person who contravenes the provisions of this Act or fails to comply with any provision thereof which it was his duty to comply with, and in respect of which no penalty is specifically provided in this Act, shall be ¹[liable to penalty] which may extend to ten lakh rupees.

1. Subs. by Act 8 of 2026, s. 2 and Sch., for “punishable with fine” (w.e.f. 30.09.2026).

Section 45 Offences by companies.

(1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in-charge of, or was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,---

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner of the firm.

Section 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

(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.

Section 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.

(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.

Section 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).

Section 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.

Section 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.

Section 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.

Section 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.

(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.

Section 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.

Section 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.

Section 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;

(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;

(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;

¹[[(sa) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 44A;

(sb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 44A;]

(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.

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 30.09.2026)

Section 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.

Section 57 Rules, notifications or orders made or issued to be laid before Parliament.

¹Every rule made and 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 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.

1. By corrigendum.

Section 44A Adjudication of penalties.

¹[44A. Adjudication of penalties.—(1) For the purpose of adjudicating penalties under section 44, the Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 30.09.2026).