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    Environment Court Act Part 1

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    Nazmoon Nahar
    The document summarizes key aspects of the Environment Court Act in Bangladesh. [1] It establishes Environment Courts in each district to try cases related to environmental laws. [2] Special Magistrate Courts are also established and empowered to try certain environmental offenses. [3] The jurisdiction, powers and procedures of the Environment Courts are outlined, including taking cognizance of cases, imposing penalties, and the ability to issue directions.

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    Environment Court Act Part 1

    Uploaded by

    Nazmoon Nahar
    33 views17 pages
    The document summarizes key aspects of the Environment Court Act in Bangladesh. [1] It establishes Environment Courts in each district to try cases related to environmental laws. [2] Special Magistrate Courts are also established and empowered to try certain environmental offenses. [3] The jurisdiction, powers and procedures of the Environment Courts are outlined, including taking cognizance of cases, imposing penalties, and the ability to issue directions.

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    The document summarizes key aspects of the Environment Court Act in Bangladesh. [1] It establishes Environment Courts in each district to try cases related to environmental laws. [2] Special Magistrate Courts are also established and empowered to try certain environmental offenses. [3] The jurisdiction, powers and procedures of the Environment Courts are outlined, including taking cognizance of cases, imposing penalties, and the ability to issue directions.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    33 views17 pages

    Environment Court Act Part 1

    Uploaded by

    Nazmoon Nahar
    The document summarizes key aspects of the Environment Court Act in Bangladesh. [1] It establishes Environment Courts in each district to try cases related to environmental laws. [2] Special Magistrate Courts are also established and empowered to try certain environmental offenses. [3] The jurisdiction, powers and procedures of the Environment Courts are outlined, including taking cognizance of cases, imposing penalties, and the ability to issue directions.

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    Environment court act

    part 1
    MD ADNAN KABIR
    Lecturer
    School of law
    CIU
    • Establishing of environment court :
    • Section 4
    • The government shall establish one or more environment court in
    each district .
    • In consultation with HCD the government shall appoint joint district
    judge .
    • Such judge shall dispose of the cases fall within his jurisdiction .
    • Establishing special magistrate courts:
    • Section 5
    • The government shall appoint any metropolitan magistrate or magistrate
    of 1st class for any specified area to dispose of the offences mentioned in
    environmental laws.
    • Jurisdiction of special magistrate :
    • Section 6
    • Director general or any other person authorized by him shall directly
    institute cases in a special magistrate or lodge F.I.R in a police station for
    trial of all offences under environmental law. ( who can lodge an F.I.R?)
    • Competency of magistrate :
    • To impose penalty
    • To confiscate any equipment
    • To distribute an equipment
    • Issuing direction :
    • A. issuing a direction to the offender or other relevant person not to
    repeat or continue or not to do the act or to make omission.
    • B. issuing a direction to the offender or other relevant person to take
    such preventive or remedial measures in relation to the injury or
    probable injury to environment as the court considers appropriate
    keeping in view of the circumstances of the offence or the relevant
    facts. ( direction for taking preventive measure)
    • in case of a direction under clause (b), specifying a time-limit and a
    further direction to submit within the specified time a report to the
    Director General or other appropriate authority on the
    implementation of the direction. ( specific period for implementation)
    • Review:
    • the person directed may apply to the court within 15 days of the
    judgment for review of such direction and the court shall, after giving the
    Director General a reasonable opportunity of being heard, dispose of the
    application within 30 days after it is made. ( application for review within
    15 days, disposal of the same within 30 days, by director general)
    • Taking cognizance:
    • No Environment Court shall take cognizance of an offence or receive any
    suit for compensation except on the written report of an Inspector or any
    other person authorized by the Director General
    • that if the Environment Court is satisfied that a person presented a
    written request to the said Inspector or authorized person to accept a
    complaint about an offence or a claim for compensation and no action
    was taken within 60 (sixty) days after such request, and that such
    complain or claim deserves to be taken into cognizance for the purpose of
    trial….
    • then the court may, after giving the Inspector or the authorized person or
    the Director General a reasonable opportunity of being heard…
    • directly receive the complaint or claim for compensation without such
    written report, or may, if it considers appropriate, direct the said
    Inspector or the authorized person to investigate the offence or claim.
    Jurisdiction of environment court Under
    section 7
    • The environment court enjoys the exclusive jurisdiction for trial of
    offence or for compensation falling under environment conservation
    act .
    • The court has the power to impose penalty for violating its order and
    in particular the court in its judgment can also make order , directing
    the offender not to repeat or not to continue, to take preventive or
    remedial measures.
    • Taking cognizance on the basis of submitted report.
    • Penalty for violating court’s order.-
    • Section 8
    • If a person - violates a direction issued, by repeating or continuing the
    offence for the commission of which he has been sentenced, he shall
    be liable to be sentenced with the penalty prescribed for that offence,
    provided such penalty shall not be less than the one imposed on him
    at the time of issuance of the direction.
    • Shall be punished for independent offence.
    • the violation shall be an independent offence for which he shall be
    liable to be sentenced to an imprisonment not exceeding 5 (five )
    years or to a fine not exceeding 5 (five ) lac taka or to both.
    Trial of certain offences by Special
    Magistrates sec 9
    • Special magistrate shall impose penalty of an imprisonment not
    exceeding 5(five ) years or a fine not exceeding 5 lac taka or both or
    confiscation of anything, for the commission of an offence.
    • Provided that if such offence is combined with another offence under
    an environmental law and if both the offences require trial in the
    same proceedings, then the offences shall be trial able in the
    Environment Court.

    •
    Trial procedure ………….
    • Procedure in special magistrate court – section 10—
    • 180/15/90/15/90/60/60
    • Concluding trial within in 180 days from the date of framing charge.
    • If it is not completed within that period ---- then the court shall inform the
    Environment appeal court- ( within in 15 days)
    • Then, it shall complete the trial 90 days ( after the expiry of 180 Days)
    • If the case is not completed within that period-
    • a. then, director general or person authorized by him can apply within 15
    days to EAC for transfer
    • b. that appellate court may transfer or not.
    • In case of transfer: the court which received the case shall complete it
    within 90 days
    • If the case is not completed within prescribed period , EAC , within 60
    days will determine who is responsible .
    • Inform the same to the concerned authority
    • Authority will submit report within 60 days ,what actions and result
    have been taken on the basis of that recommendation.
    Power to search sec 11
    • For the purpose of investigation of an offence an inspector at any
    time enter any place, search into, seize anything.
     Inspector may whenever he consider necessary, apply to the court for
    search warrant in accordance with code of criminal procedure.
    Sec 12
    • Procedure for investigation.- ( by whom, when and how)
    • An offence under an environmental law shall ordinarily be
    investigated by an Inspector.
    • but the Director General may, by a general or special order, authorize
    any other officer subordinate to him to investigate any particular kind
    of offences or a specified offence.
    • The said Inspector or other officer, shall on the basis of a written
    complaint or other information, initiate proceedings under this
    section after obtaining approval of the officer authorized in this behalf
    by the Director General
    • The investigating officer shall, before initiating a formal investigation
    of an offence, inquire into and collect information about the offence,
    prepare a preliminary report thereon and present it to a higher officer
    authorized by the Director General in this behalf………( collecting
    information and preparing preliminary report)
    • and the officer shall, upon consideration of the relevant facts and
    circumstances, give his decision within 7 (seven) days as to whether a
    formal investigation may be initiated or whether no action at all is
    necessary, and accordingly next actions shall be taken. ( there will no
    direct formal investigation , except decision is given there)
    Assistance from law enforcing agencies sec
    13
    • Power and procedure of Environment Court under section 14
    • Concept of compromise under section 18
    • Appeal under section 19

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