|THE WATER (PREVENTION & CONTROL OF POLLUTION)
ACT, 1974. |
[ACT NO. 6 OF 1974]
This Act was enacted for prevention and
control of water pollution and maintaining or restoring of wholesomeness
of water. The Central and State Pollution Control Boards have been
constituted under section 3 and 4 of the Act respectively. The Act was
amended in 1978 and 1988 to clarify certain ambiguities and to vest more
powers in Pollution Control Board. Salient items and obligations on the
part of industries and local bodies are:
prior consent to establish industry for new discharge U/S 25 of the Act.
This is mandatory for every industry/local body discharging any domestic
sewage or trade effluent into water, stream, well sewer or on land. For
this purpose consent application has to be filed with State Pollution
Control Board (SPCB) in form XIII complete in all respects along with
prescribed consent fee. It is obligatory to provide additional
information sought by The State Board. On receipt of application, State
Board may grant the consent with specific conditions and date of
validity or refuse the consent for reasons to be recorded in
Once after obtaining the
consent to establish and installing all facilities as communicated by
the industry, the industry shall apply for consent to operate U/S 25 of
the Act for which same form XIII has to be used.
Similar provisions of
application and grant of consent exists for industries discharging the
trade/effluent waste prior to enactment of the Act [U/S 26 of the
On expiry of period of 4
months of filing an application completed in all respects consent shall
be deemed to be given unconditionally unless consent is granted or
refuse earlier. This will not hold however, if application is not
complete or State Board raises any query. which remain unanswered, in
which case the period extends from the date of submission of additional
information i.e. complete information.
POWER OF STATE BOARD :
To obtain information:
On construction, installation or disposal system if it has any relevance
to prevention or control of pollution [U/S 20].
Carry out any related
work : If any industry fails to take up the same despite giving specific
time bound notice by state Board, for execution of such work any
expenses incurred along with interest may be recovered from such person
or industry as arrears of land revenue [U/S 30].
Collect and analyze
samples of streams / wells or trade effluent : in case of trade
effluent, in order to have legal validity, person taking sample should
give notice in prescribed form, divide the sample in two parts and seal
if request made by industry in this behalf. One part of sample is sent
to lab recognized by State Pollution Control Board U/S 17 (2) and second
part on request and at the cost of occupier to the State Lab notified
U/s 52 of the Act.
To give direction :
State Board has power to give directions to any person/officer or
authority, who will be bound to comply with the directions. The
direction may include direction for closure/prohibition or regulation of
any industry operation or process or stoppage/regulation of services
like electricity, water etc. The direction should be in writing and
shall be (except under cases of grave injury to environment) followed by
opportunity of being heard through a show cause notice U/S 33- A.
Enter and inspect any
place for performing any of the functions of board or to assess
compliance or to examine any plants, records, documents etc. and seize,
if necessary. [U/S 23].
Any person aggrieved by an order of State
Board U/S 25,26,27 (related to consent) can prefer an appeal U/S 28 within
30 days from date of receipt of the order. For this appellant has to
follow prescribed procedure in the Rules. The State Govt. has constituted
an appellate authority for this purpose.
Section 41 (1)
(Failure to provide information U/S 20) - Imprisonment up to 3 months
fine up to Rs. 10000/= or both, which on continuous failure may extend
up to Rs. 5000/= per day.
Section 41 (2)
(failure to abide by direction U/S 32 or 33 A) - Imprisonment not less
than one year and six months but may extend to six years or fine up to
5000/= per day or both; if failure continues beyond a year, imprisonment
form 2 to 7 years with fine.
Section 42 (disturb
facility/giving false information U/S 25or 26) -
from 3 months or Rs. 10000/= or both.
Section 43, (discharge
of effluent beyond permissible limits) - Imprisonment not less than one
year and six months but may extend to six years or and fine and if
failure continues beyond 2 years up to 7 years imprisonment.
Section 44 (use of
outlet or new outlet for exchange of trade without prior.
Consent or establish
any new process with out prior contact.
|THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT,
an Act to provide for the prevention, control and abatement of air
pollution in the country so as to preserve the quality of air. Central and
State Boards constituted under section 3 and 4 of Water (Prevention and
Control Pollution) Act, 1974 were deemed also as Central and State Boards
for Prevention and Control of Air Pollution. The salient features of the
The Act is applicable
to whole India.
U/S 19 of the Act. the
State Gov. in consultation with SPCB is vested with power to declare Air
Pollution Control Area. in which provisions of the Act shall be
applicable. Presently entire Uttar Pradesh has been declared pollution
As per provisions in
Sec. 21 (1) & (2), no person can establish or operate any industrial
plant without the previous consent of State Pollution Control Board.
Every application for consent shall be made in Form-I and shall be
accompanied by prescribed fee.
Within a period of
four months after the receipt of application, the Board shall complete
the formalities to either grant, or refuse consent. During the course of
processing consent application, Board may seek any information about the
industry after giving notice in Form II.
U/S 22, 22 (A)
operating any industrial plant so as to cause emission of any air
pollutant in excess of standard laid down by state Board is liable for
litigation by the board.
POWERS OF STATE BOARD :
Besides providing consultation to State
Government for declaring or restricting an areas as Air Pollution Control
Area, State Board is vested with following powers :
Power of entry and
inspection : Any person empowered by State Board shall have right to
enter the industry premises for determining the status of pollution
control equipment or otherwise nessary for compliance of the Act, and
the person concerned of the industry shall be bound to render assistance
as deemed necessary for ensuring measures, and carrying out functions
laid down in the Act. [U/S 24]
Power to take samples
: State Board or any person empowered by it shall have power to take
samples of air or emission from any chimney, flue or any duct or any
other outlet in such manner as may be prescribed. [U/S 26].
Power to give
direction : State Board may issue any direction to any person, authority
including closure, prohibition or regulation of any industry and can
also issue directives for the stoppage or regulation of supply of
electricity. water or any other services. The direction should however
be preceded by proposed directive in writhing giving opportunity of
being heard unless grave injury to the environment is likely, in which
proposed directive may be avoided [U/S 31 A]
Whoever fails to comply with the provision
of section 21,22 or with direction as per sec. 31 (A), shall be punishable
with minimum imprisonment of one and half year extending up to 6 years and
with fine, in case the failure continues, an additional fine extending to
five thousand rupees for every day during which such failure continues.
The above terms of imprisonment in extreme case may extend to seven years
with fine [U/S 37].
The penalties shall also be meted in
following cases :
Tampering with notice
of the Board.
Obstructing the act of
the person authorized by the Board.
Damaging any work or
property of the Board.
Failure to intimate
emission of air pollutant in excess of prescribed norms.
Any person aggrieved by an order made by the
State board under this act may appeal within 30 days of receipt of the
order. The appeal shall be made to an appellate authority constituted by
State Govt. On receipt of an appeal, its disposal shall be ensured as
expeditiously as possible. The rules made under the Act, provides
procedures for filing an appeal.
|THE ENVIRONMENT (PROTECTION) ACT,
an Act to provide for the protection and improvement of environment and
for matters connected there with. This is a comprehensive umbrella
Salient feature are :
Central Govt. or any
officer delegated by it has powers to :
Take measures of
protecting and Improving the quality of environment. (Section -
environmental standards. (S- 3(2) (iii))
procedure, safeguards and remedial measures for accidents. (S- 3(2)
procedure and safeguards of handling of hazardous substances. (S- 3(2)
investigation and research reality to problem of environment. (S- 3(2)
information. (S- 3(2) (xii))
Entry and inspection
etc. (Section 3(2) (x))
including direction for closure, prohibition or regulations of
industry/process/operation or stoppage/regulation of supply of
electricity. water or any other service. (Section -5)
Industries to be
established in Doon valley area categorised under Red, Orange &
Green category, where Red category is totally prohibited, orange
category industries can come up with permission of Government when
such permission is sought by SPCB while green category industry can be
established in approved industries are of Doon valley after obtaining
"No objection certificate' from the SPCB without referring the same to
the central Govt.
(Management & Handling Rules), 1989 (as amended in 2000): Under
these rules :
Every occupier and
operator of a facility handling hazardous waste (categories of wastes
notified) has to apply and obtain authorization from State Pollution
Control Board and also report accidents to SPCBs.
Import of hazardous
wastes is banned for dumping and disposal. However, these may be
allowed for processing by Ministry of Environment & Forests,
Government of India.
The hazardous waste
exporting country has to obtain permission from central govt. for
proposed trans-boundary movement of hazardous waste.
inventory and study of disposal site is responsibility of State
(Manufacture, Storage & Import of hazardous chemicals) Rules, 1989 :
Responsibilities of occupier dealing in hazardous chemicals (as listed
in schedule) or involved in storage (beyond threshold limits in
schedule) include :
Major Accident Hazards (MAH) & take steps to prevent such
accidents apart form providing information, training & equipment
to dealing persons.
accidents to concerned authorities.
Isolated storage :
Account mentioned in Schedule 2 of Industrial activity regarding
safety reports/updating such reports
Preparation of on
site Emergency Plan.
Preparation of Off -
Site Emergency Plan responsibility of chief inspector of
Import of Hazardous
Chemicals: Person responsible for import of hazardous chemicals shall
inform the details of recipient port of entry, mode of transport
quantity and product safety information. He shall abide by safety
Biomedical Waste Rules
1998 (as amended) : The rules relate to safe handling and management of
biomedical waste being generated from hospitals, nursing homes, research
institutions, etc. standards for treatment and disposal has been laid
down. Each occupier of a facility handling these wastes must obtain
authorization of State Pollution Control Board and follow the provisions
of the rules. Time schedule for installation of treatment facilities
have to be followed.
Statement : This is mandatory for every industry, operation process
requiring consent under section 25 of Water Act or under section 21 of
Air Act or both or authorization under Hazardous Waste Management rules.
This is to be submitted in form-V to State Pollution Control Boards on
of before 15th May, of every financial year.
One special feature
of EP Act 1986 is provision of taking cognizance of offence in court of
law by any person after giving notice of 60 days to Central
Other related rules of EP Act are:
Import Export and Storage of Genetically Engineered Micro-organisms or
Scheme of labeling
Environment friendly product ('ECOMARK').
Regulation notifications i.e. to restrict certain developmental
activities along the coastal zone.
|THE WATER (PREVENTION & CONTROL OF POLLUTION)
CESS ACT, 1977|
This is an Act to provide for the
collection and levy of cess with a view to augment the resources of
Pollution Control Board.
The Act is applicable to all states where Water
(Prevention & Control of Pollution) Act is in force except J
The cess is payable by every person carrying on any
industry and using water for various purposes as prescribed under
Schedule - II of the Act.
The cess is based on water consumption, quality and
purpose for which water is used as below :
Purpose for which
water is consumed
|Rate of Cess under section 2 of section
||Rate of Cess sub section 2 a of section
|Industrial Cooling Spraying
||.5 Paise per KL
||10 paise per KL|
||2 Paise per KL
||3 Paise per KL|
|Processing where by water gets
polluted and pollutants are easily biodegradable.
||10 Paise per KL
||20 Paise per KL|
|Processing where by water gets
polluted and pollutants are not easily biodegradable.
||15 Paise per KL
||30 Paise per
Every specified industry/local body has to affix meters
for use of water and file cess returns by 5th day of every month in
specified form to State Pollution Control Board.
If is not paid with in
the date prescribed in order, the same may result in imposition of
interest (U/S -7) and penalty (U/S-11) of the Act
Rebate @ 25% of cess
is applicable, if effluent/sewage treatment plant is installed,
provided, provision of Water Act. 1974 are complied and quantity of
water used does not exceed the norms specified U/R 6 of cess rules
Provision of appeal
exists for aggrieved persons to appellate authority, against the order
of case Assesment (U/S 6) or Penalty order (U/S-11) of the
PREVENTION AND CONTROL
OF ENVIRONMENTAL POLLUTION
Person carrying on any
industry or operation not to discharge/emit any air pollutant beyond
prescribed standard (Section - 7).
Person not to handle
any hazardous substance expect in accordance with prescribed procedure
(Section - 8).
Person carrying on any
industry is bond to mitigate the environmental pollution caused due to
any accident or un for seen act and shall inform such occurrence to
authorities prescribed this regard. (Section - 9).
Power and procedure of
taking samples of environmental pollutants by the officers empowered by
the central government. (Section - 11).
CONTRAVENTION OF THE ACT
Failure to avoid by
the provision of the Act and rules made these under may attract penal
consequences both by way of punishment up to 5 years with five up to one
lakh rupees and in case of continuation of failure with additional five
of rs. five thousand till such failure continues. (Section - 15).
Court should not take
cognizance of offences unless it has been filled by the control govt.
person having given a sixty day prior notice of his intention to make a
complaint, is also competent to fine a complaint. (Section - 22).
No civil court shall
have justification over the matter arising out of any order, action
under this Act and rules. (Section - 22).
ASSESSMENT RULES 1994
Expansion or modernization of any activity
which leads to extension of pollution load or a new project listed in
schedule - 1 to the rules shall not come into operation unless it requires
the clearance of the central govt.
THE PUBLIC LIABILITY
INSURANCE ACT 1997
This Act has been enacted for redressed of
the person who have been affected by accident occurring while handling any
The owner is liable to compensate the person
(other that the workman) who have suffered to death or injury due to any