The Environment Law

1Definitions.- In this Act, unless there is anything contrary to the subject or
context-
“Civil Procedure Code” means the Code of Civil Procedure, 1908 (Act V
of 1908); [Ref. Clause (a)]
“Criminal Procedure Code” means the Code of Criminal Procedure, 1898
(Act V of 1898); [Ref. Clause (e)]
“Director General” means the Director General of the Department of
Environment; [Ref. Clause (f)]
“Environment Appeal Court” means an Environment Appeal Court
constituted under this Act; [Ref. Clause (d)]
“Environment Court” means an Environment Court constituted under
this Act; [Ref. Clause (c)]
2“environmental law” means this Act, the Bangladesh Environment
Conservation Act, 1995 (Act No. 1 of 1995), any other law specified by the
Government in the official Gazette for the purposes of this Act, and the
rules made under these laws; [Ref. Clause (bb)]




Establishment of Environment Courts.- (1) For carrying out the purposes
of this Act, the Government shall, by notification in the official Gazette, 4establish
one or more Environment Court in each Division.
5[(2) An Environment Court shall be constituted with one judge and, in
consultation with the Supreme Court, the Government shall-
(a) appoint an officer of the judicial service of the rank of Joint
District Judge, and such Judge shall dispose of cases only
under environmental laws; and
(b) if it considers necessary, appoint a judge of the rank of
Joint District Judge for a Division or a specified part
thereof to act as the judge of an Environment Court in
addition to his ordinary functions, and the said judge shall,
in addition to his ordinary functions, dispose of the cases
that fall within the jurisdiction of an Environment Court.]
(3) Each Environment Court shall have its seat at the Divisional
Headquarter; however, the Government, if it considers necessary, may, by general
or specific order published in the official Gazette, specify places outside the
Divisional Headquarter where the court can hold its sittings.
(4) If more than one Environment Court are established in any
Division, the Government shall, by notification in the official Gazette, specify the
territorial jurisdiction of each such Court.



Jurisdiction of Environment Court.- (1) Notwithstanding anything
contained to the contrary in any other law, a case shall, in accordance with the
provisions of this Act, be directly instituted in an Environment Court for trial of an
offence or for compensation under an environmental law, and only that court can
take cognizance and hold proceedings for trial and disposal of those cases.
1[(2) An Environment Court shall be competent to impose penalty for
offences under section 5A of this Act and under any other environmental law, to
confiscate an equipment or part thereof, a transport used in the commission of such
offence or an article or other thing involved with the offence, and to pass order or
decree for compensation in appropriate cases; and in addition, the said court may in
the same judgment make all or any of the following orders keeping in view of the
circumstances of the offence or relevant facts:-
(a) issuing a direction to the offender or other relevant person
not to repeat or continue or, as the case may be, not to do the
act or to make the omission which constitutes the offence;
(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;
(c) in case of a direction under clause (b), specifying a timelimit
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 :
Provided that where a direction under clause (b) or (c) is issued, 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.]
2[(3) 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:
Provided 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.



Penalty for violating court’s order.- If a person -
(a) violates a direction issued under clause (a) of section 5(2) 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;
(b) violates a direction issued under clause (b) or (c) of section 5(2),
the violation shall be an independent offence for which he shall be
liable to be sentenced to an imprisonment not exceeding 3 (three)
years or to a fine not exceeding 3 (three) lac taka or to both.
Explanation.- The other provisions of this Act shall apply to the investigation and
trial of an offence under this section.
25B. Trial of certain offences by Special Magistrates.- Where an
environmental law provides for a penalty of an imprisonment not exceeding 2 (two)
years or a fine not exceeding 10 (ten) thousand taka or both or confiscation of
anything, for the commission of an offence, a Magistrate of the first class or a
Metropolitan Magistrate who is 3appointed to deal only with such cases arising in a
specified area or who is assigned to deal with such cases in addition to his ordinary
duties, as the Government may specify, shall be competent to try the offences; such
Magistrates shall be known as Special Magistrates:
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 triable in the Environment Court.
25C. Trial procedure in Special Magistrate’s Court.- (1) No Special
Magistrate shall take cognizance of an offence except on a written report of an
Inspector :
Provided that, if authorized by the Director General in relation to the
institution of a particular kind of case triable by such Magistrate, an Inspector may
present a report on such offence directly to the Magistrate without following the
procedure prescribed in section 7.

(2) A Special Magistrate appointed under this Act shall follow the
procedure for summary trial as prescribed in the Criminal Procedure Code.
(3) A case triable by the court of a Special Magistrate shall be
conducted by an Assistant Public Prosecutor or a police officer specified by the
Government or an Inspector of the Department of Environment on behalf of the state.