Section 3 in Sikkim Ecology Fund and Environment Cess Act, 2005
3. General powers of the State Government to Protect and improve Environment.
(1)Subject to the provisions of this Act, the State Government shall have powers to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of environment pollution and take measures for restoration of ecological balance of the State.(2)In particular and without prejudice to generality of the provision of the sub section (1), such measures may include measures with respect to all or any of the following matters, namely:-(a)Coordination of actions of different Departments of the State Government officers, and other authorities under this Act or rules made thereunder or under any law for the time being in force for the purpose of achieving objectives of environmental conservation and improvement;(b)Laying sown procedure for implementation of this Act;(c)Impose levy of environment cess or fee wherever the abuse of environment can not be prevented.(d)Create a separate non laps able 'Sikkim Ecological Fund' for depositing such fee or cess as imposed by clause (c) and ensuring utilization of such fee or cess for environmental amelioration measures;(e)Impose restrictions of areas in which any industry, operations or process or class of industries or operations shall not be carried out or shall be carried out with certain safeguards on payment of cess or fee as may be prescribed by the State Government by Notification;(f)Impose restrictions on entry of vehicles of any kind or by persons in any area as specified and regulate the entry on payment of environmental fee as may be prescribed by the State Government by notification;(g)such matters as the State Government considers necessary or expedients the purpose of protecting and improving the quality and for the purpose of securing effective implementation of this Act.(2)The State Government may if it considers it necessary or expedient to do so for the purpose of this Act, by order published in the Official Gazette, constitute a n authority or authorities or a body by such name or names as may be specified in the order for the purpose of exercising and performing such of powers and functions of the State Government under this Act for taking measures with respect to such of the matters referred to in this Act and may be mentioned in the order and subject to supervision and control of the Government and the provision of such order, such authority or the authorities or body may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities or body had been empowered by this Act to exercise those powers or perform those functions or to take such measures as deemed necessary.
