The Gazette of India
Extraordinary
Part II, Section 3, Sub- Section (ii)
New Delhi, Wednesday, November 6, 2002
Ministry of Environment and Forests
New Delhi, the 5th November, 2002
Notification
S.O.1164 (E) - The following draft of a notification to amend the
notification of the Government of India in the Ministry of Environment and Forests
number S.O.763(E) dated the 14th September, 1999, relating to restriction
of excavation of top soil for manufacture of bricks and promoting the
utilization of fly ash in the manufacture of building materials and in
construction activity within a specified radius of coal or lignite
based-thermal power plants which the Central Government proposes to issue, in
exercise of the powers conferred by sub-section (1), read with clause (v) of
sub-section (2) of section 3 and clause (e) of sub-section (2) of section 6 of
the Environment (Protection) Act, 1986 (29 of 1986) is hereby published,
as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules,
1986, for the information of all persons likely to be affected thereby;
and notice is hereby given that the said draft notification will be taken into
consideration by the Central Government on or after the expiry of sixty days
from the date on which copies of the Gazette containing this notification are
made available to the public.
Any person
interested in filing any objection or suggestion on the proposed draft
amendment may do so in writing to the Secretary, Ministry of Environment and
Forests, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110 003, within
the said period of sixty days.
DRAFT
AMENDMENTS
1. In the said
notification, in the preamble, for the words "fifty kilometers” the words
"one hundred kilometres” shall be substituted.
2. In the said notification, in
paragraph 1,-
(a)
in sub-paragraph (1), for the words
"fifty kilometers” the words "one hundred kilometres” shall be
substituted;
(b)
after sub-paragraph (1), the following sub-
paragraphs shall be inserted, namely:-
"(1 A)
Every construction agency engaged in the construction of buildings within a
radius of one hundred kilometers from a coal or lignite based thermal power
plant shall use fly ash bricks or blocks or tiles or clay fly ash bricks or
cement fly ash bricks or blocks or a combination or aggregate of them in such
construction as per the following minimum percentage (by volume) of the total
bricks, blocks and tiles, as the case may be, used in each construction project
namely:-
(i) 25 per cent by 31st March, 2003;
(ii) 50 per
cent by 31st December, 2003;
(iii) 75 per
cent by 31st December, 2004; and
(iv) 100 per
cent by 31st December, 2005.
...
“(3) All
agencies including the Central Public Works Department and State Government
agencies concerned with utilization of fly ash for construction purposes shall,
within three months from the …………….2002 (date of commencement of the amending
notification will be filled in here at the appropriate time),-
(a) make
provisions for the use of fly ash and fly ash based bricks, blocks or tiles or
aggregates of them in the schedule of approved materials and rates.
(4) All
agencies undertaking construction of roads or fly over bridges including
Ministry of Road Transport and Highways (MORTH), National Highways Authority of
India (NHAI), Central Public Works Department (CPWD), State Public Works
Departments and other State Government Agencies, shall, within three months
from the …………….2002 (date of commencement of the amending notification will be
filled in here at the appropriate time),-
(a) make
provisions in their tender documents, schedules of approved materials and rates
as well as technical documents, including those relating to soil borrow area or
pit as per sub-paragraph (7) of paragraph 1; and
(b) make
necessary specifications/guidelines for road or fly over embankments that are
not covered by the specifications laid down by the Indian Road Congress (IRC).”
6.
The existing sub paragraph (3) of paragraph 3 shall be renumbered as (5)
[F.No.16-2/95-HSMD]
(Dr. V. Rajagopalan)
Joint Secretary to the Govt. of India
Footnote. - The principal notification was published in the Gazette of
India, Part II, Section 3, sub-section (ii) vide S.O.763 (E) dated 14.9.1999.