ENVIRONMENTAL LEGISLATION AND

MANAGEMNET SYSTEM

INDEX

SR.NO. UNIT NO.

1 Unit II

2 UNIT III

3 UNIT V

4 UNIT VI

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 Unit II

1)Water (P & CP) Act

Introduction & Terminolgy:

 An Act to provide for the prevention and control of water pollution and the maintaining or restoring
of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid,
of Boards for the prevention and control of water pollution, for conferring on and assigning to such
Boards Powers and functions relating thereto and for matters connected therewith.

 WHEREAS it is expedient to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying
out the purposes aforesaid, of Boards for the prevention and control of water pollution and for
conferring on and assigning to such Boards powers and functions relating thereto;

 AND WHEREAS Parliament has no power to make laws for the States with respect to any of the
matters aforesaid except as provided in articles 249 and 250 of the Constitution;

(1) Short title, application and commencement.

1. Short title, application and commencement. This Act may be called the Water (Prevention and
Control of s Pollution) Act, 1974.

1. It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal
and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed
in that behalf under clause (1) of article 252 of the Constitution.

3. It shall come into force, at once in the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union
territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution
on the date of such adoption and any reference in this Act to the commencement of this Act shall, in
relation to any State or Union territory, mean the date on which this Act comes into force in such State
or Union territory.

Definitions.

(3) "Board" means the Central Board or State Board;

(4) " Central Board" means the Central Pollution Control Board Constituted under section3;]

(5) "members" means a member of a Board and includes the chairman thereof;
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 (6) "occupier", in relation to any factory or premises, means the person who has control over the
affairs of the factory or the premises, and includes, in relation to any substance, the person in possession
of the substance.]

a "outlet" includes any conduit pipe or channel, open or closed carrying sewage or trade effluent or
any other holding arrangement which causes, or is likely to cause, pollution;]

b "pollution" means such contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous
or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisers;

c "prescribed" means prescribed by rules made under this Act by the Central Government or, as the
case may be, the State Government,

d "sewage effluent" means effluent from any sewerage system or sewage disposal works and
includes sullage from open drains;

e "sewer" means any conduit pipe or channel, openor closed, carrying sewage or trade effluent;

f "State Board" means a State Pollution Control Board constituted under section 4";

g "State Government" in relation to a Union territory means the Administrator thereof appointed
under article 239 of the Constitution;

h "stream" includes-

A River

B Water course (whether flowing or for the time] being dry);

b inland water (whether natural or artificial);

c subterranean waters;

d sea or tidal waters to such extent or, as the case may be, to such point as the State
Government may, by notification in the Official Gazette, specify in this behalf ;

i "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any
premises used for carrying on any "Industry, operation or process, or treatment and disposal system"
other than domestic sewage.

Constitution of Central Board

(1) The Central Government shall, with effect from such date (being a date not later than six months of the
commencement of this Act is the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union
territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called
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the Central Pollution Control Board to exercise the powers conferred on and perform the functions assigned
to that Board under this Act.

(2) The Central Board shall consist of the following members, namely:-

(a) full-time chairman, being a person having special knowledge or practical experience in respect of
matters relating to environmental protection or a person having knowledge and experience in
administering institutions dealing with the matters aforesaid, to be nominated by the Central
Government;

(b) such number of officials, not exceeding five] to be nominated by the Central Government to
represent that Government;

(c) such number of persons, not exceeding five to be nominated by the Central Government, from
amongst the members of the State Boards, of whom no exceeding two shall be from those referred to
in clause (c) of sub-section (2) of section 4;

(d) such number of non-officials, not exceeding three to be nominated by the Central Government, to
represent the interests of agriculture, fishery or industry or trade or any other interest which, in the
opinion of the Central Government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by the
Central Government, to be nominated by that Government;

(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific,

engineering or management aspects of pollution control, to be appointed by the Central Government

(3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and
to contract, and may, by the aforesaid name, sue or be sued.

Constitution of State Board

(1) The State Government shall, with effect from such date as it may, by notification in the Official Gazette,
appoint, constitute a State Pollution Control Board], under such name as may be specified in the notification,
to exercise the powers conferred on the perform the functions assigned to that Board under this Act.

(2) A State Board shall consist of the following members, namely:-

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(a) a chairman, being a person having special knowledge or practical experience in respect of matters relating
to environmental protectionor a person having knowledge and experience in administering institutions
dealing with the matters aforesaid, to be nominated by the State Government.

Provided that the chairman may be either whole-time or part-time as the State Government may think fit;

(ii) such number of officials, not exceeding five, to be nominated by the State Government to represent that
Government;

(iii) such number of persons, not exceeding five to be nominated by the State Government from amongst
the members of the local authorities functioning within the State;

(iv) such number of non-officials, not exceeding three to be nominated by the State Government to
represent the interest of agriculture, fishery or industry or trade or any other interest which, in the opinion of
the State Government, ought to be represented;

(v) two persons to represent the companies or corporations owned, controlled or managed by the State
Government, to be nominated by that Government;

(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific,

engineering or management aspects of pollution control, to be appointed by the State Government

(3) Every State Board shall be a body corporate with the name specified by the State Government in the
notification under sub-section (1), having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the said name,
sue or be sued.

(4) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union
territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the
functions of a State Board for that Union territory:

Provided that in relation to a Union territory the Central Board may delegate all of any of its powers and
functions under this sub-section to such person or body of persons as the Central Government may specify.

.TERMS AND CONDITIONS OF SERVICE OF MEMBERS

i Save as otherwise provided by or under this Act, a member of a Board, other than, a member-secretary,
shall hold office for a term of three years from the date of this nomination:

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Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.

(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section

(2) of Section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he
ceases to hold the office under the Central Government or the State Government or, as the case may be, the
company or corporation owned, controlled or managed by the Central Government or the State Government,
by virtue of which he was nominated]

(3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove any
member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of
showing cause against the same.

(4) A member of a Board, other than the member-secretary, may at any time resign his office by writing
under his hand addressed--

(a) in the case of chairman, to the Central Government or, as the case may be, the State Government; and

(b) in any other case, to the chairman of the Board; and the seat of the chairman or such member shall
thereupon become vacant.

(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if

he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the
Board, 16[or where he is nominated under clause (c) or clause (e) of sub-section (2) of section (3) or under
clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State
Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or
managed by the Central Government or the State Government and such vacation of seat shall, in either case,
take effect from such date as the Central Government or, as the case may be, the State Government may, by
notification in the Official Gazette, specify]

i A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the
vacancy shall hold office only for the remainder of the term for which the member in a whose place he was
nominated.

ii A member of a Board 17[shall be eligible for renomination].

iii The other terms and conditions of service of a member of a Board, other than the chairman and
member-secretary, shall be such as may be prescribed.

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iv The other terms and conditions of service of the chairman shall be such as may be prescribed.

DISQUALIFICATIONS

(1) No person shall be a member of a Board, who--

(a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or

(b) is of unsound mind and stands so declared by a competent court, or

(c) is, or has been, convicted of an offence which, in the opinion of the Central Government or,
as the case may be, of the State Government, involves moral turpitude, or

(d) is, or at any time has been, convicted of an offence under this Act, or

(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or
company carrying on the business of manufacture, sale or hire of machinery, plant, equipment,
apparatus or fittings for the treatment of sewage or trade effluents, or

(f) is a director or a secretary, manager or other salaried officer or employee of any company or
firm having any contract with the Board, or with the Government constituting the Board, or
with a local authority in the State, or with a company or corporation owned, controlled or
managed by the Government, for the carrying out of sewerage schemes or for the installation
of plants for the treatment of sewage or trade effluents, or

(g) has so abused, in the opinion of the Central Government or as the case may be, of the State
Government, his position as a member, as to render his continuance on the Board detrimental
to the interest of the general public.

(2) No order of removal shall be made by the Central Government or the State Government, as the case may
be, under this section unless the member concerned has been given a reasonable opportunity of showing
cause against the same.

(3) Notwithstanding anything contained in sub-section (1) and (7) of section 5, a member who has been
removed under this section shall not be eligible for renomination as a member.

VACATION OF SEAT BY MEMBERS

If a member of a Board becomes subject to any of the disqualifications specified in section 6, his seat shall
become vacant.

MEETINGS OF BOARDS

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  A Board shall meet at least once in every three months and shall observe such rules of procedure in
regard to the transaction of business at its meetings as may be prescribed:

 Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted,
he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.

CONSTITUTION OF COMMITTEES

(1) A Board may constitute as many committees consisting wholly of members or wholly of other
persons or partly of members and partly of other persons, and for such purpose or purposes as it may
think fit.

(2) A committee constituted under this section shall meet at such time and at such place, and shall observe
such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.

(3) The members of a committee (other than the members of Board) shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board as may be
prescribed.

TEMPORARY ASSOCIATION OF PERSONS WITH BOARD FOR PARTICULAR PURPOSES

(1) A Board may associate with itself in such manner, and for such purposes, as may be prescribed any
person whose assistance or advice it may desire to obtain in performing any of its functions under
this Act.

(2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take
part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a
meeting of the Board, and shall not be a member for any other purpose.

(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board, as may be
prescribed

VACANCY IN BOARD NOT TO INVALIDATE ACTS AND PROCEEDINGS

No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely
of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the
case may be..Delegation of powers to Chairman

 The chairman of a Board shall exercise such powers and perform such duties as may be prescribed
or as may, from time to time, be delegated to him by the Board]
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MEMBER-SECRETARY AND OFFICERS AND OTHER EMPLOYEES OF BOARD

(1) Terms and conditions of service of the member-secretary shall be such as may be prescribed.

(2) The member-secretary shall exercise such powers and perform such duties as may be prescribed or
as may, from time to time, he delegated to him by the Board or its chairman.

(3) Subject to such rules as may be made by the Central Government or, as the case may be, the State
Government in this behalf, a Board may appoint such officers and employees as it considers necessary
for the efficient performance of its functions

(4) The method of recruitment and the terms and conditions of service (including the scales or pay) of
the officers (other than the member-secretary) and other employees of the Central Board or a State
Board shall be such as may be determined by regulations made by the Central Board or, as the case
may be, by the State Board:

Provided that no regulation made under this sub-section shall take effect unless --

(a) in the case of a regulation made by the Central Board, it is approved by the Central Government;
and

(b) in the case of a regulation made by a State Board, it is approved by the State Government

FUNCTIONS OF CENTRAL BOARD

(1) Subject to the provisions of this Act, the main function of the Central Board shall be to promote
cleanliness of streams and wells in different areas of the States.

(2) In particular and without prejudice to the generality of the foregoing function, the Central Board
may perform all or any of the following functions, namely:--

(a) advise the Central Government on any matter concerning the prevention and control of
water pollution;

(b) co-ordinate the activities of the State Boards and resolve disputes among them;

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 (c) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention, control or
abatement of water pollution;

(d) plan and organise the training of persons engaged or to be engaged in programs for the
prevention, control or abatement of water pollution on such terms and conditions as the Central
Board may specify;

(e) organise through mass media a comprehensive programme regarding the prevention and
control of water pollution;

(f) collect, compile and publish technical and statistical data relating to water pollution and the measures
devised for its effective prevention and control and prepare manuals, codes or guides

relating to treatment and disposal of sewage and trade effluents and disseminate information
connected therewith;

(g) lay down, modify or annul, in consultation with the State Government concerned, the standards
for a stream or well: Provided that different standards may be laid down for the same stream or well
or for different streams or wells, having regard to the quality of water, flow characteristics of the
stream or well and the nature of the use of the water in such stream or well or streams or wells;

(h) plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of water pollution;

(i) perform such other functions as may be prescribed.

B. The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its
functions under this section fficiently, including the analysis of samples of water from any stream or well
or of samples of any sewage or trade effluents.

FUNCTIONS OF STATE BOARD

(1) Subject to the provisions of this Act, the functions of a State Board shall be --

(a) to plan a comprehensive programme for the prevention, control or abatement of pollution of
streams and wells in the State and to secure the execution thereof;

(b) to advise the State Government on any matter concerning the prevention, control or abatement of
water pollution;

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(c) to collect and disseminate information relating to water pollution and the prevention, control or
abatement thereof;

(d) to encourage, conduct and participate in investigations and research relating to problems of
water pollution and prevention, control or abatement of water pollution;

(e) to collaborate with the Central Board in organising the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of water pollution and to
organise mass education programmes relating thereto;

(f) to inspect sewage or trade effluents, works and plants for the treatment or sewage and trade
effluents and to review plans, specifications or other data relating to plants set up for the treatment of
water, works for the purification thereof and the system for the disposal of sewage or trade effluents or
in connection with the grant of any consent as required by this Act;

(g) lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of
receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and
to classify waters of the State;
(h) to evolve economical and reliable methods of treatment of sewage and trade effluents, having
regard to the peculiar conditions of soils, climate and water resources of different regions and more
specially the prevailing flow characteristics of water in streams and wells which render it impossible to
attain even the minimum degree of dilution;

to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;

(j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on
account of the predominant conditions of scant stream flows that do not provide for major part of the
year the minimum degree of dilution;

(k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular
stream taking into account the minimum fair weather dilution available in that stream and the tolerance
limits of pollution permissible in the water of the stream, after the discharge of such effluents;

to make, vary or revoke any order --

(i) for the prevention, control or abatement of discharge of waste into streams or wells;

(ii) requiring any person concerned to construct new systems for the disposal of sewage and
trade effluents or to modify, alter or extend any such existing system or to adopt such remedial
measures as are necessary to prevent control or abate water pollution;
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 to lay down effluent standards to be complied with by persons while causing discharge of
sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and
trade effluents;

to advice the State Government with respect to the location of any industry the carrying on of
which is likely to pollute a stream or well;

(o) to perform such other functions as may be prescribed or as may, from time to time be entrusted to
it by the Central Board or the State Government.

(2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its
functions under this section efficiently, including the analysis of samples of water from any stream or
well or of samples of any sewage or trade effluents.

POWERS TO GIVE DIRECTIONS

In the performance of its functions under this Act --

C. the Central Board shall be bound by such directions in writing the Central Government may give to
it; and

D. every State Board shall be bound by such directions in writing as the Central Government or the
State Government may give to it:

(c) Provided that where a direction given by the State Government is inconsistent with the direction given
by the Central Board, the matter shall be referred to the Central Government for its decision.

(d) Where the Central Government is of the opinion that and State Board has defaulted in complying
with any directions given by the Central Government under sub-section (1) and as a result of such default
a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by
order, direct the Central Board to perform any of the functions of the State Board in relation to such area
for such period and for such purposes, as may be specified in the order.

(e) Where the Central Board performs any of the functions of the State Board in pursuance of a direction
under sub-section (2), the expenses, if any, incurred by the Central Board with respect to performance of
such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central
Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date
when a demand for such expenses is made until it is paid from the person or persons concerned as arrears
of land revenue or of public demand.

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 (f) For the removal of doubts, it is hereby declared that any directions to perform the functions of any
State Board given under sub-section (2) in respect of any area would not preclude the State Board from
performing such functions in any other area in the State or any of its other functions in that area.

POWER OF STATE GOVERNMENT TO RESTRICT THE APPLICATION OF THE ACT TO

CERTAIN AREAS

(1) Notwithstanding contained in this Act, if the State Government, after consultation with, or on the
recommendation of, the State Board, is of opinion that the provisions of this Act need not apply to the
entire State, it may, by notification in the Official Gazette, restrict the application of this Act to such
area or areas as may be declared therein as water pollution, prevention and control area or areas and
thereupon the provisions of this Act shall apply only to such area or areas.

(2) Each water pollution, prevention and control area may be declared either by reference to a map or by
reference to the line of any watershed or the boundary of any district or partly by one method and partly
by another.

(3) The State Government may, by notification in the Official Gazette-

alter any water pollution prevention and control area whether by way of extension or reduction;

or

define a new water pollution, prevention and control area in which may be merged one or more
water pollution, prevention and control areas, or any part or parts thereof.

POWER TO OBTAIN INFORMATION

(1) For the purpose of enabling a State Board to perform the function conferred on it by or under this Act,
the State Board or any officer empowered by it in that behalf, may make surveys of any area and gauge and
keep records of the flow or volume and other characteristics of an stream or well in such area, and may take
steps for the measurement and recording of the rainfall in such area or any part

thereof and for the installation and maintenance for those purposes of gauges or other apparatus and works
connected therewith, and carry out stream surveys and may take such other steps as may be necessary in
order to obtain any information required for the purposes aforesaid.

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(2) A State Board may give directions requiring any person who in its opinion is abstracting water from any
such stream or well in the area in quantities which are substantial in relation to the flow or volume of that
stream or well or is discharging sewage or trade effluent into any such stream or well, to give such
information as to the abstraction or the discharge at such times and in such form as may be specified in the
directions.

(3) Without prejudice to the provisions of sub-section (2), a State Board may, with a view to

preventing or controlling pollution of water, give directions requiring any person in charge of any
establishment where any 1[industry, operation or process, or treatment and disposal system is carried on, to
furnish to it information regarding the construction, installation or operation of such establishment or of any
disposal system or of any extension or addition thereto in such establishment and such other particulars as
may be prescribed.

Legal Sampling Procedures

POWER TO TAKE SAMPLES OF EFFLUENTS AND PROCEDURE TO BE FOLLOWED IN

CONNECTION THEREWITH

A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of
analysis samples of water from any stream or well or samples of any sewage of trade effluent which is passing
from any plant or vessel or from or over any place into any such stream or well.

The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be
admissible in evidence in an legal proceeding unless the provisions of sub-sections (3), (4)

Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be
warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1),
the person taking the sample shall --

(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place
(which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and
there in such form as may be prescribed of his intention to have it so analysed;

(b) in the presence of the occupier or his agent, divided the sample into two parts;

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(c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed
both by the person taking the sample and the occupier or his agent;

(d) send one container forthwith,--

in a case where such sample is taken from any area situated in a Union territory, to the laboratory
established or recognised by the Central Board under section; and

in any other case, to the laboratory established or recognised by the State Board under section 17;

(e) on the request of the occupier or his agent, send the second container --

(i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory
established or specified under sub-section (1) of section 51; and

(ii) in an other case, to the laboratory established or specified under sub-section (1) of section 52.

2[(4) When a sample of any sewage of trade effluent is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the
occupier or his agent wilfully absents himself, then --

(a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be
signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to
the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause

(e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1)
or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or
his agent; and

and (5) are complied with.

(b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in
case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case
may be, as an arrear of land revenue or of public demand:

Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been
given a reasonable opportunity of being heard in the matter.

When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section

(3) and the occupier or his agent who is present at the time of taking the sample does not make a request for
dividing the sample into two parts as provided in clause (b) of sub-section (3), then, the sample so taken shall
be placed in a container which shall be marked and sealed and shall also be signed by the person taking the

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sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-
clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3).

REPORTS OF RESULTS OF ANALYSIS ON SAMPLES TAKEN UNDER SECTION 21

(1) Where a sample of any sewage or trade effluent has been sent for analysis to the laboratory established
or recognised by the Central Board or, as the case may be, the State Board, the concerned Board analyst
appointed under sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed
form of the result of such analysis in triplicate to the Central Board or the State Board, as the case may be.

(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central Board
or the State Board, as the case may be, to the occupier or his agent referred to in section 21, another copy
shall be preserved for production before the court in case any legal proceedings are taken against him and
the other copy shall be kept by the concerned Board.

(3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of section
21 to any laboratory mentioned therein, the Government analyst referred to in that sub-section shall analyse
the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central
Board or, as the case may be, the State Board which shall comply with the provisions of sub-section (2).

(4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried
out by the laboratory established or recognised by the Central Board or the State Board, as the case may be,
and that of the laboratory established or specified under section 51 or section 52, as the case may be, the
report of the latter shall prevail.

(5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be
payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears
of land revenue or of public demand.

POWER OF ENTRY AND INSPECTION

(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall
have a right at any time to enter, with such assistance as he considers necessary, any place--

(a) for the purpose of performing any of the functions of the Board entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed
or whether any provisions of this Act or the rules made thereunder of an notice, order, direction or
authorisation served, made, given, or granted under this Act is being or has been complied with;

(c) for the purpose of examining any plant, record, register, document or any other material object or for
conducting a search of any place in which he has reason to believe that an offence under this Act or the rules
made thereunder has been or is being or is about to be committed and for seizing any such plant, record,
16
register, document or other material object, if he has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules made thereunder:

Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at
reasonable hours in a case where such well is situated in any premises used for residential purposes and the
water thereof is used exclusively for domestic purposes.

(b) The provisions of 3[the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir,
the provisions of any corresponding law in force in that State, shall, so far as may be, apply

to an search or seizure under this section as they apply to any search or seizure made under the authority of
a warrant issued under 4[section 94] of the said Code, or, as the case may be, under the corresponding
provisions of the said law.

Explanation -- For the purposes of this section, "place" includes vessel.

PROHIBITION ON USE OF STREAM OR WELL FOR DISPOSAL OF POLLUTING

MATTER, ETC.

(1) Subject to the provisions of this section --

(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined

in accordance with such standards as may be laid down by the State Board to enter (whether directly or
indirectly) into any 5[stream or well or sewer or on land]; or

(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend,
either directly or in combination with similar matters, to impede the proper flow of the water of the
stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes
or of its consequences.

(2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done any of
the following acts, namely;--

constructing, improving a maintaining in or across or on the bank or bed of any stream any building,
bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to
construct, improve or maintain;

17
 depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for
supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of
polluting such stream;

putting into an stream any sand or gravel or other natural deposit which has flowed from or been
deposited by the current of such stream;

causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or
reservoir to enter into any stream.

(3) The State Government may, after consultation with, or on the recommendation of, the State Board,
exempt, by notification in the Official Gazette, any person from the operation of sub-section (1) subject to
such conditions, if any, as may be specified in the notification and any conditions so specified may by a like
notification and be altered, varied or amended.

RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES

6[(1) Subject to the provisions of this section, no person shall, without the previous consent of the State
Board,--

(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal
system or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream
or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage);
or

(b) bring into use any new or altered outlets for the discharge of sewage; or

(c) begin to make any new discharge of sewage;

Provided that a person in the process of taking any steps to establish any industry, operation or process
immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act,
1988, for which no consent was necessary prior to such commencement or, if he has made an application for
such consent, within the said period of three months, till the disposal of such application.

An application for consent of the State Board under sub-section (1) shall be made in such form, contain
such particulars and shall be accompanied by such fees as may be prescribed.

The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may be
prescribed.

7[(4) The State Board may --

18
(a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being--

(i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of
discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage;

(ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate
of discharge of the effluent from the land or premises from which the discharge or new discharge is to be
made; and

(iii) that the consent will be valid only for such period as may be specified in the order,

and any such conditions imposed shall be binding on any person establishing or taking any steps to establish
any industry, operation or process, or treatment and disposal system or extension or addition thereto, or using
the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or

(b) refuse such consent for reasons to be recorded in writing.

(5) Where, without the consent of the State Board, any industry operation or process, or any treatment and
disposal system or any extension or addition thereto, is established, or any steps for such establishment have
been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of
sewage is made, the State Board may serve on the person who has established or taken steps to establish any
industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or
using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it
might have imposed on an application for its consent in respect of such establishment, such outlet or
discharge.

(6) Every State Board shall maintain a register containing particulars or conditions imposed under this section
and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be
open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or
premises, as the case may be, or by any person authorised by him in this behalf and the conditions so
contained in such register shall be conclusive proof that the consent was granted subject such conditions]

• The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been
given unconditionally on the expiry of a period of four months of the making of an application in this behalf
complete in all respects to the State Board.

• For the purposes of this section and sections 27 and 30 --

(a) the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after
the commencement of this Act or which (whether so constructed or not) is substantially altered after such
commencement;

19
(b) the expression "new discharge" means a discharge which is not, as respects the nature and composition,
temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made
within the preceding twelve months (whether by the same or different outlet), so however that a discharge
which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be
a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent
as compared with the previous discharge.

PROVISION REGARDING EXISTING DISCHARGE OF SEWAGE OR TRADE EFFLUENT

Where immediately before the commencement of this Act any person was

discharging any sewage or trade effluent into a 8[stream or well or sewer or on land], the provisions of section
25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to
in that section subject to the modification that the application for consent to be made under sub-section (2)
of that section 9[shall be made on or before such date as may be specified by the State Government by
notification in this behalf in the Official Gazette.

REFUSAL OR WITHDRAWAL OF CONSENT BY STATE BOARD

(1) A State Board shall not grant its consent under sub-section (4) of section 25 for the establishment of any
industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the
bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal
system or extension or addition thereto, or the outlet is so established as to comply with an conditions
imposed by the Board to enable it to exercise its right to take samples of the effluent.

(2) A State Board may from time to time review --

(a) any condition imposed under section 25 or section 26 and may serve on the person to whom
a consent under section 25 or section 26 is granted a notice making any reasonable variation
of or revoking any such condition.

(b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant
of such consent without any condition, and may make such orders as it deemed fit

(3) Any conditions imposed under section 25 or section 26 shall be subject to any variation made under
sub-section (2) and shall continue in force until revoked under that sub-section.

APPEALS

(1) Any person aggrieved by an order made by the State Board under Section 25, section 26 or section
20
27 may within thirty days from the date on which the order is communicated to him, prefer an appeal to such
authority (hereinafter referred to as the appellate authority) as the State Government may think fit to
constitute:

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days
if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time.

II. An appellate authority shall consist of a single person or three persons as the State Government may
think fit, to be appointed by that Government.

JJ. The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for
such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.

KK. On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the
appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as
possible.

LL.If the appellate authority determines that any condition imposed, or the variation of any condition, as
the case may be, was unreasonable, then,--

(a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may
direct either that the condition shall be treated as annulled or that there shall be substituted for it such
condition as appears to it to be reasonable;

(b) where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may
direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in
such manner as appears to it to be reasonable.

29. REVISION

(1) The State Government may at any time either of its own motion or on an application made to it in this
behalf, call for the records of any case where an order has been made by the State Board under section 25,
section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order
and may pass such order in relation thereto as it may think fit :

Provided that the State Government shall not pass any order under this sub-section without affording the
State Board and the person who may be affected by such order a reasonable opportunity of being heard in
the matter.

21
(2) The State Government shall not revise any order made under section 25, section 26 or section 27 where
an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has
been preferred such appeal is pending before the appellate authority.

POWER OF STATE BOARD TO CARRY OUT CERTAIN WORKS

III. Where under this Act, any conditions have been imposed on any person while granting consent under
section 25 or section 26 and such conditions require such person to execute any work in connection therewith
and such work has not been executed within such time as may be specified in this

behalf, the State Board may serve on the person concerned a notice requiring him within such time (not
being less than thirty days) as may be specified in the notice to execute the work specified therein

(2) If the person concerned fails to execute the work as required in the notice referred to in sub-section

(1), then, after the expiration of the time specified in the said notice, the State Board may itself execute or
cause to be executed such work.

(3) All expenses incurred by the State Board for the execution of the aforesaid work, together with interest,
at such rate as the State Government may, by order, fix, from the date when a demand for the expenses is
made until it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue,
or of public demand.

(2) On receipt of an application under sub-section (I) the court make such order as it deems fit.

(3) Where under sub-section (2) the court makes an order restraining any person from polluting the water
in any stream or well, it may in that order-

(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to
desist from taking such action as is likely to cause pollution or, as the case may be, to remove such stream
or well, such matter, and

(ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from
such stream or well) is not complied with by the person to whom such direction is issued, to undertake the
removal and disposal of the matter in such manner as may be specified by the court.

a All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause
(ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by
the Board from such disposal and any balance outstanding shall be recoverable from the person concerned
as arrears of land revenue or of public demand.

POWER TO GIVE DIRECTIONS

22
Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any
directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers
and performance of its functions under this Act, issue any directions in writing to any person, officer or
authority, and such person, officer or authority shall be bound to comply with such directions.

Explanation.-For the avoidance of doubts, it is hereby declared that the power to issue directions under this
section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) the stoppage or regulation of supply of electricity, water or any other service.

PENALTIES AND PROCEDURE

. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders
issued under clause (c) of sub-section (1) of section 32 or directions issued under sub-section (2) of
section 33 or section 33A

(1) Whoever fails to comply with the direction given under sub-section (2) or subsection (3) of section

20 within such time as may be specified in the direction shall, on conviction, be punishable with
imprisonment for a term which may extend to three months or with fine which may extend to ten thousand
rupees or with both and in case the failure continues, with an additional fine which may extend to five
thousand rupees for every day during which such failure continues after the conviction for the first such
failure.

(2) Whoever fails to comply with any order issued under clause (e) of sub-section (1) of section 32 or any
direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A
shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which
shall not be less than one year and six months but which may extend to six years and with fine, and in case
the failure continues, with an additional fine which may extend to five thousand rupees for everyday during
which such failure continues after the conviction for the first such failure.

(3) If the failure referred to in sub-section (2) continues beyond a period of one year after the date of
conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be
less than two years but which may extend to seven years and with fine.

Penalty for certain acts

23
(1) Whoever-

(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any
notice or other matter put up, inscribed or placed, by or under the authority of the Board, or 23

(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and
performing his functions under this Act, or

(c) damages any works or property belonging to the Board, or

(d) fails to furnish to any officer or other employee of the Board any information required by him for the
purpose of this Act, or

(e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the
Board and other authorities or agencies as required by that section, or

(f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a
statement which is false in any material particular, or

(g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a
statement which is false in any material particular, shall be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to 28[ten thousand rupees] or with both.

(ii) Where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use of
meter or gauge or other measure or monitoring device is required and such device is used for the purposes
of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent
it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to 28[ten thousand rupees] or with both.
(jj) Penalty for contravention of provisions of section 24

(kk)

(ll) Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term
which shall not be less than 29[one year and six months but which may extend to six years and with
fine
(mm)

(nn) Penalty for contravention of section 25 or section 26

(oo)

(pp) Whoever contravenes the provisions of section 25 or section 26 shall be punishable with
imprisonment for a term which shall not be less than 29[one year and six months but which may
extend to six years and with fine.
(qq)

(rr) Enhanced penalty after previous conviction

24
 (ss)

(tt) If any person who has been convicted of any offence under section 24 or section 25 or section 26 is
again found guilty of an offence involving a contravention of the same provision, he shall, on the
second and on every subsequent conviction, be punishable with imprisonment for a term which shall
not be less than two years but which may extend to seven years and with fine: PROVIDED that for
the purpose of this section no cognizance shall be taken of any conviction made more than two years
before the commission of the offence which is being punished.
(uu)

(vv) Penalty for contravention of certain provisions of the Act

(ww)

(xx) Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction
given under this Act, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment which may extend to three months or with fine which may extend to
ten thousand rupees or with both and in the case of a continuing contravention or failure, with an
additional fine which may 24 extend to five thousand rupees for every day during which such
contravention or failure continues after conviction for the first such contravention or failure.
(yy)

(zz) Publication of names of offenders

(aaa)

(bbb) If any person convicted of an offence under this Act commits a like offence afterwards it shall
be lawful for the court before which the second or subsequent conviction takes place to cause the
offender's name and place of residence, the offence and the penalty imposed to be published at the

offender's expense in such newspapers or in such other manner as the court may direct and the expenses of
such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in
the same manner as a fine.

Offences by companies

(1) Where an offence under this Act has been committed by a company, every person who at the time the
offence was committed was in charge of, and was responsible to the company for the conduct of, the business
of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly: PROVIDED that nothing contained
in this sub-section shall render any such person liable to any punishment provided in this Act if he proves
that the offence was committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or connivance
25
of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this
section-

(a) "Company" means anybody corporate, and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

Offences by government departments

Where an offence under this Act has been committed by any Department of Government, the Head of the
Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: PROVIDED that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.

Cognizance of offences

(1) No court shall take cognizance of any offence under this Act except on a complaint made by-

(c) Board or any officer authorised in this behalf by it; or

(d) any person who has given notice of not less than sixty days, in the manner prescribed, of the
alleged offence and of his intention to make a complaint, to the Board or officer authorised as
aforesaid, and no court inferior to that 25 of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.

(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by
such person, make available the relevant reports in its possession to that person:

PROVIDED that the Board may refuse to make any such report available to such person if the same
is in its opinion, against the public interest.

Members, officers and servants of Board to be public servants

All members, officers and servants of a Board when acting or purporting to act in pursuance of any of the
provisions of this Act and the rules made there under shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code (45 of 1860).

Central Water Laboratory

26
(iii) The Central Government may, by notification in the Official Gazette-

establish a Central Water Laboratory; or

specify any laboratory or institute as a Central Water Laboratory, to carry out the functions
entrusted to the Central Water Laboratory under this Act.

(iv)The Central Government may, after consultation with the Central Board, make rules prescribing-

the functions of the Central Water Laboratory;

the procedure for the submission to the said laboratory of samples of water or of sewage or
trade effluent for analysis or tests, the form of the laboratory's report thereunder and the fees
payable in respect of such report;

such other matters as may be necessary or expedient to enable that laboratory to carry out its
functions.

State Water Laboratory

(1) The State Government may, by notification in the Official Gazette-

(a) establish a State Water Laboratory; or

(b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted
to the State Water Laboratory under this Act.

(2) The State Government may, after consultation with the State Board, make rules prescribing-

(a) the functions of the State Water Laboratory;

(b) the procedure for the submission to the said laboratory of samples of water or of sewage or
trade effluent for analysis or tests, the form of the laboratory's report thereon and the fees
payable in respect of such report;

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its
functions.

Analysts

(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks
fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples
of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-
section (1) of section 51.

(2) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit
and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of

27
water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-
section (1) of section 52.

(3) Without prejudice to the provisions of sub-section (3) of section 12, the Central Board or, as the case
may be, the State Board may, by notification in the Official Gazette, and with the approval of the Central
Government or the State Government, as the case may be, appoint such persons as it thinks fit and having
the prescribed qualifications to be Board analysts for the purpose of analysis of samples of water or of sewage
or trade effluent sent for analysis to any laboratory established or recognised under section 16, or, as the case
may be, under section 17.

Reports of analysts

Any document purporting to be a report signed by a government analyst or, as the case may be, a Board
analyst may be used as evidence of the facts stated therein in any proceeding under this Act

Local authorities to assist

All local authorities shall render such help and assistance and furnish such information to the Board as it
may require for the discharge of its functions, and shall make available to the Board for inspection and
examination such records, maps, plans and other documents as may be necessary for the discharge of its
functions.

Compulsory acquisition of land for the State Board

Any land required by a State Board for the efficient performance of its functions under this Act shall be
deemed to be needed for a public purpose and such land shall be acquired for the State Board under the
provisions of the Land Acquisition Act, 1894 (1 of 1894), or under any other corresponding law for the time
being in force

Returns and reports

The Central Board shall furnish to the Central Government, and a State Board shall furnish to the State
Government and to the Central Board such reports, returns, statistics, accounts and other information with
respect to its fund or activities as that government, or, as the case may be, the Central Board may, from time
to time, require.

Bar of jurisdiction

28
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an
Appellate Authority constituted under this Act is empowered by or under this Act to determine, and no
injunction shall be granted by any court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.

Protection of action taken in good faith

No suit or other legal proceedings shall lie against the government or any officer of government or any
member or officer of a Board in respect of anything which is in good faith done or intended to be done in
pursuance of this Act or the rules made thereunder.

Overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act.

Power of Central Government to supersede the Central Board and Joint Boards

(1) If at any time the Central Government is of opinion-

that the Central Board or any Joint Board has persistently made default in the performance of the
functions imposed on it by or under this Act; or

that circumstances exist which render it necessary in the public interest so to do, the Central Government may,
by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for
such period, not exceeding one year, as may be specified in the

29
notification: PROVIDED that before issuing a notification under this sub-section for the reasons
mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board
or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider
the explanations and objections if any, of the Central Board or such Joint Board, as the case may be.

(2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any
Joint Board-

(a) all the members shall, as from the date of supersession vacate their offices as such;

(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or
discharged by the Central Board or such Joint board shall, until the Central Board or the Joint Board, as
the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such
person or persons as the Central Government may direct;

(c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central
Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central
Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-
section (1), the Central Government may-

extend the period of supersession for such further term, not exceeding six months, as it may
consider necessary; or

(i) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or
appointment, as the case may be, and in such case any person who vacated his office under clause (a) of
sub-section (2) shall not be deemed disqualified for nomination or appointment: PROVIDED that the
Central Government may at any time before the expiration of the period of supersession, whether
originally specified under sub-section (1) or as extended under this sub-section, take action under clause
(b) of this sub-section.

Power of State Government to supersede State Board

(1) If at any time the State Government is of opinion- (a) that the State Board has persistently made
default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances
exist which render it necessary in the public interest so to do, the State Government may, by notification
in the Official Gazette, supersede the State Board for such period, not exceeding one year, as may be
specified in the notification: PROVIDED that before issuing a notification under this sub-section for the
reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State
Board to show cause why it should not be superseded and shall consider the explanations and objections,
if any, of the State Board.

30
(2) Upon the publication, of a notification under sub-section (1) superseding the State Board, the
provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the State
Board as they apply in relation to the supersession of the Central Board or a Joint Board by the Central
Government.

Power of Central Government to make rules

(1) The Central Government may, simultaneously with the constitution of the Central Board, make rules
in respect of the matters specified in sub-section (2): PROVIDED that when the Central Board has been
constituted, no such rule shall be made, varied, amended or repealed without consulting the Board.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely,-

(a) the terms and conditions of service of the members (other than the Chairman and member-
secretary) of the Central Board under sub-section (8) of section 5;

(b) the intervals and the time and place at which meetings of the Central Board or of any
committee thereof constituted under this Act, shall be held and the procedure to be followed at
such meetings, including the quorum necessary for the transaction of business under section 8,
and under sub-section (2) of section 9;

(d) the fees and allowances to be paid to such members of a committee of the Central Board
as are not members of the Board under sub-section (3) of section 9;

(iii) the manner in which and the purposes for which persons may be associated with the
Central Board under sub-section (1) of section 10 and the fees and allowances payable to such
persons;

the terms and conditions of service of the Chairman and the membersecretary of the
Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12;

(f) conditions subject to which a person may be appointed as a consulting engineer to the
Central Board under sub-section (4) of section 12;

(g) the powers and duties to be exercised and performed by the Chairman and the
member-secretary of the Central Board;

31
 (j) the form of the report of the Central Board analyst under sub-section (1) of section 22

(k) the form of the report of the government analyst under sub-section (3) of section 22;

(l) the form in which and the time within which the budget of the Central Board may be
prepared and forwarded to the Central Government under section 38;

(ll) the form in which the annual report of the Central Board may be prepared under section 39

(m) the form in which the accounts of the Central Board may be maintained under section 40;
15[(mm) the manner in which notice of intention to make a complaint shall be given to the
Central Board or officer authorised by it under section 49;

(n) any other matter relating to the Central Board, including the powers and functions of that
Board in relation to Union Territories;

(o) any other matter which has to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.

Power of State Government to make rules

(1) The State Government may, simultaneously with the constitution of the State Board, make rules to
carry out the purposes of this Act, in respect of matters not falling within the purview of section 63:
PROVIDED that when the State Board has been constituted, no such rule shall be made, varied, amended
or repealed without consulting that Board.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely,-

(a) the terms and conditions of service of members (other than the Chairman and the
member-secretary) of the State Board under sub-section (8) of section 5;

(b) the time and place of meetings of the State Board or of any committee of that Board
constituted under this Act and the procedure to be followed at such meeting, including
32
 the quorum necessary for the transaction of business under section 8 and under sub-
section (2) of section 9;

(c) the fees and allowances to be paid to such members of a committee of the State Board
as are not members of the Board under sub-section (3) of section 9;

(d) the manner in which and the purposes for which persons may be associated with the State
Board under sub-section (1) of section 10 2 [and the fees and allowances payable to such
persons;]

(e) the terms and conditions of service of the Chairman and the membersecretary of the
State Board under sub-section (9) of section 5 and under sub-section (1) of section 12;

(f) the conditions subject to which a person may be appointed as a consulting engineer to
the State Board under sub-section (4) of section 12;

(g) the powers and duties to be exercised and discharged by the Chairman and the member-
secretary of the State Board

(h) the form of the notice referred to in section 21;

(i) the form of the report of the State Board analyst under sub-section (1) of section 22;

(j) the form of the report of the government analyst under sub-section (3) of section 22;

(k) the form of application for the consent of the State Board under sub-section (2) of
section 25, and the particulars it may contain;

(l) the manner in which inquiry under sub-section (3) of section 25 may be made in respect
of an application for obtaining consent of the State Board and the matters to be taken into
account in granting or refusing such consent;

(m) the form and manner in which appeals may be filed, the fees payable in respect of such
appeals and the procedure to be followed by the Appellate Authority in disposing of the
appeals under sub-section(3) of section 28;

(n) the form in which and the time within which the budget of the State Board may be
prepared and forwarded to the State Government under section 38;

(1) (nn) the form in which the annual report of the State Board may be prepared under
section 39;

(o) the form in which the accounts of the State Board may be maintained under sub-section

(1) of section 40;

(oo) the manner in which notice of intention to make a complaint shall be given to the State
Board or officer authorised by it under section 49;

(p) any other matter which has to be, or may be, prescribed.

2) THE AIR (PREVENTION AND CONTROL OF POLLUTION ACT, 1981

33
  An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto and for matters connecting
therewith

 Whereas decisions were taken at the United Nations Conference on the Human Environment
held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the
preservation of thenatural resources of the earth which, among other things, include the
preservation of the quality of air andcontrol of air pollution:

 And whereas it is considered necessary to implement the decisions aforesaid in so far as they
relate to the preservation of the quality of air and control of air pollution.

PRELIMINARY

Short title, extent and commencement. –

(1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.

(2) It extends to the whole of India.

(3) It shall come into force on such date3 as the Central Government may, by notification in
the Official Gazette, appoint.

Definitions. – In this Act, unless the context otherwise requires, -

(a) “Air pollutant” means any solid, liquid or gaseous substance including noise
present in the atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or environment;

(b) “Air pollution” means the presence in the atmosphere of any air pollutant;

(c) “Approved appliance” means any equipment or gadget used for the burning of any

Combustible material or for generating or consuming any fume, gas or particulate

matter and approved by the State Board for the purposes of this Act;

(d) “Approved fuel” means any fuel approved by the State Board for the purpose of this Act;

(e) “Automobile” means any vehicle powered either by internal combustion engine or by any

method of generating power to drive such vehicle by burning fuel;

34
(f) “Board” means the Central Board or a State Board.

(g) “Central Board” means the [Central Pollution Control Board] constituted under Sec. 3
of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(h) “chimney” includes any structure with an opening or outlet from or through which any
air pollutant may be emitted;

(i) “control equipment” means any apparatus, device, equipment or system to control
the quality and manner of emission of any air pollutant and includes any device used for
securing the efficient operation of any industrial plant;

(j) “emission” means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet;

(k) “industrial plant” means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;

(l) “member” means a member of the Central Board or a State Board, as the case may
be, and includes the Chairman thereof;

(m) “occupier”, in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises, and includes, in relation to any substance, the
person in possession of the substance;

(n) “prescribed” means prescribed by rules made under this Act by the Central
Government or, as the case may be, the State Government;

(o) “State Board” means:

i) in relation to a State in which the Water (Prevention and Control of Pollution)

Act, 1974), is in force and the State Government has constituted for that state a
[State Pollution Control Board] under sec. 4 of that Act, the said State Board; and

(ii) in relation to any other State, the State Board for the Prevention and Control of
Air Pollution constituted by the State Government under Sec. 5 of this Act.

CENTRAL AND STATE BOARDS FOR THE PREVENTION

AND CONTROL OF AIR POLLUTION

35
Central Pollution Control Board – The Central Pollution Control Board constituted under Sec. 3 of
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the
exercise and performance of its powers and functions under that Act, exercise the powers and perform
the functions of the Central Pollution Control Board for the prevention and control of air pollution under
this Act.

State Pollution Control Boards- In any State in which the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Pollution
Control Board under Sec. 4 of that Act, such State Board shall be deemed to be the State Board for the
Prevention and Control of Air Pollution constituted under Sec. 5 of this Act, and accordingly that State
Pollution Control Board shall, without prejudice to the exercise and performance of its powers and
functions under that Act, exercise the powers and perform the functions of the State Board for the
prevention and control of air pollution under this Act.

Constitution of state boards.

(1) In any State in which the Water (Prevention and Control of Pollution), Act 1974 (6 of 1974), is not
in force or that Act is in force but the State Government has not constituted a State Pollution Control
Board under that Act, the State Government shall, with effect from such date as it may, by notification

in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution
under such name as may be specified in the notification, to exercise the powers conferred on, and
perform the functions assigned to that Board under this Act.

(2) A State Board constituted under this Act shall consist of the following members, namely;

(a) a Chairman, being a person having special knowledge or practical experience in respect of
matters relating to environmental protection to be nominated by the State Government: provided
that the Chairman may be either whole-time or part-time as the State Government may think fit;

(b) such number of officials, not exceeding five, as the State Government may think fit, to be
nominated by the State Government to represent that Government;

(c) such number of persons, not exceeding five, as the State Government may think fit, to be
nominated by the State Government from amongst the members of the local authorities functioning
within the State;

(d) such number of non-officials, not exceeding three, as the State Government may think fit to be
nominated by the State Government to represent the interests of agriculture, fishery or industry or
trade or labour or any other interest, which in the opinion of that Government, ought to be
represented;

36
 (e) two persons to represent the companies or corporations owned, controlled or managed by the
State Government, to be nominated by that Government;

(f) a full-time member-secretary having such qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control as may be prescribed, to be appointed by
the State Government

Provided that the State Government shall ensure that not less than two of the members are persons having
special knowledge or practical experience in respect of matters relating to the improvement of the quality
of air or the prevention, control or abatement of air pollution.

(3) Every State Board constituted under this Act shall be a body corporate with the name specified by
the State Government in the notification issued under sub-section (1), having perpetual succession and
a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and
to contract, and may be the said name sue or be sued.

Central board to exercise the powers and perform the functions of a State Board in the union
territories –

No State Board shall be constituted for a Union Territory and in relation to a Union Territory; the Central
Board shall exercise the powers and perform the functions of a State Board under this Act for that Union
Territory: Provided that in relation to any Union Territory the Central Board may delegate all or any of
its powers and functions under this section to such person or body of persons as the Central Government
may specify.

Terms and conditions of service of members –

(1) Save as otherwise provided by or under this Act, a member of a State Board constituted under this
Act, other than the member-secretary, shall hold office for a term of three years from the date on which
his nomination is notified in the Official Gazette: Provided that a member shall, notwithstanding the
expiration of his term, continue to hold office until his successor enters upon his office.

(2) The terms of office of a member of a State Board constituted under this Act and nominated under
CI. (b) or CI. (e) of sub-section (2) of Sec. 5 shall come to an end as soon as he ceases to hold the office
under the State Government or, as the case may be, the company or corporation owned, controlled or
managed by the State Government, by virtue of which he was nominated.

(3) A member of a State Board constituted under this Act, other than the membersecretary, may at any
time resign his office by writing under his hand addressed –

(a) in the case of the Chairman, to the State Government; and

(b) in any other case, to the Chairman of the State Board and the seat of theChairman or such other
member shall thereupon become vacant.
37
(4) A member of a State Board constituted under this Act, other than the membersecretary, shall be
deemed to have vacated his seat, if he is absent without reason, sufficient in the opinion of the State
Board, from three consecutive meetings of the State Board or where he is nominated under CI. (c) of
sub-section (2) of Sec. 5, he ceases to be a member of the local authority and such vacation of seat shall,
in either case, take effect from such date as the State Government may, by notification in the Official
Gazette, specify.

(5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh nomination
and the person nominated to fill the vacancy shall hold office only for the remainder of the term for
which the member whose place he takes was nominated.

(6) A member of a State Board constituted under this Act shall be eligible for renomination

(7) The other terms and conditions of service of the Chairman and other members (except the
Member-Secretary) of a State Board constituted under this Act shall be such as may be prescribed.

Disqualifications. –

(1) No person shall be a member of a State Board constituted under this Act, who –

(a) is, or at any time has been adjudged insolvent, or

(b) is of unsound mind and has been so declared by a competent Court, or

(c) is, or has been convicted of an offence which, in the opinion of the State Government, involves
moral turpitudes, or

(d) is, or at any time has been convicted of an offence under this Act, or

(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or
company carrying on the business of manufacture, sale, or hire of machinery, industrial plant,
control equipment or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or

(f) is a director or a secretary, manager or other, salaried officer or employee of any company or
firm having any contract with the Board, or with the Government constitution the Board or with
a local authority in the State, or with a company or corporation owned, controlled or managed
by the Government, for the carrying out of programmes for the improvement of the quality of air
or for the prevention, control, or abatement of air pollution, or

(g) has so abused, in the opinion of the State Government, his position as a member, as to render
his continuance or the State Board detrimental to the interests of the general public.

(2) The State Government shall, by order in writing, remove any member who is, or has become, subject
to any disqualification mentioned in sub-section (1): Provided that no order of removal shall be made by

38
the State Government under this section unless the member concerned has been given a reasonable
opportunity of showing cause against the same.

(3) Notwithstanding anything contained in sub-section (1) of sub-section (6) of Sec. 7, a member who
has been removed under this section shall not be eligible to continue to hold office until his successor
enters upon his office, or, as the case may be, for re-nomination as a member.

POWERS AND FUNCTIONS OF BOARDS

Functions of Central Board –

(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions under
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central
Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.

(2) In particular and without prejudice to the generality of the foregoing functions, the Central Board
may

(a) advise the Central Government on any matter concerning the improvement of the quality of
air and the prevention, control or abatement of air pollution;

(b) plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution;

(c) co-ordination the activities of the State Board and resolve disputes among them;

(d) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control or
abatement of air pollution;

(dd) perform such of the functions of any State Board as may be specified in an order made
under subsection (2) of Sec. 18;

(e) plan and organize the training of person engaged or to engaged in programmes for the
prevention, control or abatement of air pollution on such terms and conditions as the Central Board
may specify;

(f) organize through mass media a comprehensive programme regarding the prevention, control
or abatement of air pollution;

39
 (g) collect, compile and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control or abatement and prepare manuals, codes or
guides relating to prevention, control or abatement of air pollution;

(h) lay down standards for the quality of air;

(i) collect and disseminate information in respect of matters relating to air pollution;

(j) perform such other function as may be prescribed.

(3) The Central Board may establish or recognize a laboratory or laboratories to enable the Central
Board to perform its functions under this section efficiently.

(4) The Central Board may - (a) delegate any of its functions under this Act generally or specially to any
of the Committees appointed by it; (b) do such other things and perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the purpose of carrying into effect
the purposes of this Act.

Functions of State Boards –

(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions, if
any, under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the functions of a
State Board shall be: -

(a) to plan a comprehensive programme for the prevention, control or abatement of air pollution
and to secure the execution thereof;

(b) to advise the State Government on any matter concerning the prevention, control or abatement
of air pollution;

(c) to collect and disseminate information relating to air pollution;

(d) to collaborate with the Central Board in organizing the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of air pollution and to
organize mass-education programme relating thereto;

(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process and to give, by order, such directions to such persons as it may consider necessary to
take steps for the prevention, control or abatement of air pollution;

(f) to inspect air pollution control areas to such intervals as it may think necessary, assess the quality
of air therein and take steps for the prevention, control or abatement of air pollution in such areas;

(g) to lay down, in consultation with the Central Board and having regard to the standards for the
quality of air laid down by the Central Board, standards for the quality of air laid down by the
Central Board, standards for emission of air pollutants into the atmosphere from industrial plants
and automobiles or for the discharge of any air pollutant into the atmosphere from any other
source whatsoever not being a ship or an aircraft; Provided that different standards for emission

40
 may be laid down under this clause for different industrial plants having regard to the quality and
composition of emission of air pollutions into the atmosphere from such industrial plants;

(h) (h) to advise the State Government with respect to the suitability of any premises or location for
carrying or any industry which is likely to cause air pollution; (i) to perform such other functions
as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the
State Government;

(i) (j) to do such other things and to perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purpose of this
Act.

(2) A State Board may establish or recognize a laboratory or laboratories to enable the State Board to
perform its functions under this section efficiently.

Power to declare air pollution control areas. –

(1) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution
control area or areas for the purposes of this Act.

(2) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, -

(a) after any air pollution control area whether by way of extension or reduction;(b) declare a new air
pollution control area in which may be merged one or more existing air pollutioncontrol areas of any
part or parts thereof.

(3) If the State Government, after consultation with the State Board, is of opinion that the use of any
fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely
to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such
area or part thereof with effect from such date (being not less months from the date of publication of the
notification) as may be specified in the notification.

(4) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an
approved appliance, shall be used in the premises situated in an air pollution control area provided that
different dates may be specified for different parts of an air pollution control area or for the use of
different appliances.

(5) If the State Government after consultation with the State Board, is of opinion that the burning of any
material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause
air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such
area or part thereof.

41
Power to give instructions for ensuring standards for emission from automobiles –

With a view to ensuring that the standards for emission of air pollutions from automobiles laid down by
the State Board under CI. (g) of sub-section (1) of Sec. 17 are complied with, the State Government
shall, in consultation with the State Board, give such instructions as may be deemed necessary to the
concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act (4 of 1939)
and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be
bound to comply with such instructions.

Restrictions on use of certain industrial plants. –

(1) Subject to the provisions of this section, no person shall, without the previous consent of the State
Board, establish or operate any industrial plant in an air pollution control area:

Provided that a person operating any industrial plant in any air pollution control area immediately before
the commencement of Sec. 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987,
for which no consent was necessary prior to such commencement, may continue to do so for a period of
three months from such commencement or, if he has made an application for such consent within the
said period of three months, till the disposal of such application.

(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such
fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of
the industrial plant and such other particulars as may be prescribed:

Provided that where any person, immediately before the declaration not any area as an air pollution
control area, operates in such area any industrial plant. Such person shall make the application under
this sub-section within such period (being not less than three months from the date of such declaration)
as may be prescribed and where such person makes such application, he shall be deemed to be operating
such industrial plant with the consent of the State Board until the consent applied for has been refused.

(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be
prescribed.

(4) Within a period of four months after the receipt of the application for consent referred to in sub-
section (1), the State Board shall, by order in writing, [and for reasons to be recorded in the order, grant
the consent applied for subject to such conditions and for such period as may be specified in the order,
or refuse such consent:] Provided that it shall be open to the State Board to cancel such consent before
the expiry of the period for which it is granted or refused further consent after such expiry if the
conditions subject to which such consent as has been granted are not fulfilled: Provided further that
before canceling a consent or refusing a further consent under the first proviso, reasonable opportunity
of being heard shall be given to the person concerned.

42
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall
comply with the following conditions, namely:

(i) the control equipment of such specifications as the State Board may approve in this behalf shall be
installed and operated in the premises where the industry in carried on or proposed to be carried on:

(ii) the existing control equipment, it any, shall be altered or replaced in accordance with the directions
of the State Board;

(iii) the control equipment referred to in CI. (i) or CI. (ii) shall be kept at all times in goods running
conditions;

(iv) chimney, wherever necessary, of such specifications as the State Board may approve in this behalf
shall be erected or re-erected in such premises;

(v) such other conditions as the State Board may specify in this behalf; and

(vi) the conditions referred to in CIs.(i), (ii), and (iv) shall be complied with within such period as the
State Board may specify in this behalf: Provided that in the case of a person operating any industrial
plant in an air pollution control area immediately before the date of declaration of such area as an air
pollution control area, the period so specified shall not be less than six months:

Provided further that –

(a) after the installation of any control equipment in accordance with the specifications under CI. (i) or,

(b) after the alteration or replacement of any control equipment in accordance with the directions of the
State Board under CI. (ii), or

(c) after the alteration or re-erection of any chimney under CI. (iv), no control equipment of chimney
shall be altered or replaced or, as the case may be, erected or re-erected except with the previous approval
of the State Board.

(6) If due to any technological improvement or otherwise the State Board is of opinion that all or any
of the conditions referred to in sub-section

(5) require or requires variation (including the change of any control equipment either in whole or in
part,) the State Board shall, after giving the person to whom consent has been granted an opportunity of
being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with
the conditions and thereupon such person shall be bound to comply with the conditions as so varied.

43
(7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers
his interest in the industry to any other person, such consent shall be deemed to have been granted to
such other person and he shall be bound to comply with all the conditions subject to which it was granted
as if the consent was granted to him originally.

Power of board to make application to Court for restraining persons from causing air pollution
–

(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid
down by the State Board under CI. (g) of sub-section (1) of Sec. 17, is likely to occur by reason of any
person operating an industrial plant or otherwise in any air pollution control area, the Board may make
an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class for restraining such person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit.

(3) Where under sub-section (2), the Court makes an order restraining any person from discharging or
causing or permitting to be discharged the emission of any air pollutant, it may, in that order, -

(a) direct such person to desist from taking such action as is likely to cause emission; (b) authorize the
Board, if the direction under CI. (a) is not complied with by the person to whom such direction is issued,
to implement the direction in such manner as may be specified by the Court.

(4) All expenses incurred by the Board in implementing the directions of the Court under CI. (b) of
subsection

(3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.

Furnishing of information to State Board and other agencies in certain cases. –

(1) Where in any area the emission of any air pollutant into the atmosphere in excess of the standards
laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act
or event, the person in charge of the premises from where such emission occurs or is apprehended to
occur shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the
State Board and to such authorities or agencies as may be prescribed.

(2) On receipt of information with respect to the fact or the apprehension of any occurrence of the nature
referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the State
Board and the authorities as are necessary to mitigate the emission of such air pollutants.

(3) Expenses, if any, incurrent by the State Board, authority or agency with respect to the remedial
measures referred to in sub-section (2) together with interest (at such reasonable rate, as the State
Government may, by order, fix from the date when a demand fro the expenses is made until it is paid,

44
may be recovered by that Board, authority or agency from the person concerned, as arrears of land
revenue, or of public demand.

Power of entry and inspection –

(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf

shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any
place –

(a) for the purpose of performing any of the functions of the State Board entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any such functions are to be
performed or whether any provisions of this Act or the rules made thereunder or nay notice, order,
direction or authorization served, made, given or granted under this Act is being or has been complied
with.

(c) For the purpose of examining and testing any control equipment, industrial plant, record, register,
document or any other material object or for conducting a search of any place in which he has reason to
believe that an offence under this Act or the rules made thereunder has been or is being or is about to be
committed and for seizing any such control equipment, industrial plant, record, register, document or
other material object if he has reasons to believe that it may furnish evidence of the commission of an
offence punishable under this Act or the rules made thereunder.

(2) Every person operating any control equipment or any industrial plant, in an air pollution control area
shall be bound to render all assistance to the person empowered by the State Board under sub-section(1)
for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause
or excuse, he shall be guilty of an offence under this Act.

(3) If any person willfully delays or obstructs any person empowered by the State Board under sub-
section (1) in the discharge of his duties he shall be guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of
Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding
law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section
as they apply to any search or seizure made under the authority of a warrant issued under Sec. 94 of the
said Code or, as the case may be, under the corresponding provisions of the said law.

Power to obtain information –

For the purposes of carrying out the functions entrusted to it, the State Board or any officer empowered
by it in that behalf may call for nay information (including information regarding the types of are
pollutants emitted into the atmosphere and the level of the emission of such air pollutions) from the
45
occupier or any other person carrying on any industry or operating any control equipment or industrial
plant and for the purpose of verifying the correctness of such information, the State Board or such officer
shall have the right to inspect the premises where such industry, control equipment or industrial plant is
being carried on or operated.

Power to take samples of air or emission and procedure to be followed in connection therewith –

(1) A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose
of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner
as may be prescribed.

(2) The result of any analysis of a sample of emission taken under sub-section (1) shall not be admissible
in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under
subsection (1), the person taking the sample shall -

(a) serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed, of
his intention to have it so analysed;

(b) in the presence of the occupier or his agent, collect a sample of emission for analysis;

(c) cause the sample to be placed in a container or containers which shall be marked and sealed and
shall also be signed both by the person taking the sample and the occupier or his agent;

(d) send, without delay, the container or containers to the laboratory established or recognized by the
State Board under Sec. 17 or, if a request in that behalf is made by the occupier or his agent when the
notice is served on him under CI. (a), to the laboratory established or specified under subsection (1) of
Sec. 28.

(4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the
sample serves on the occupier or his agent, a notice under CI. (a) of sub-section (3) then, - (a) in a case
where the occupier or his agent willfully absents himself, the person taking the sample shall collect the
sample of emission for analysis to be placed in a container or containers which shall be marked and
sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or
his agent is present at the time of taking the sample but refuses to sign the marked and sealed container
or containers of the sample of emission as required under CI. (c) of sub-section (3), the marked and
sealed container or containers shall be signed by the person taking the sample, and the container or
containers shall be sent without delay by the person taking the sample for analysis to the laboratory
established or specified under sub-section (1) of Sec. 28 and such person shall inform the Government
Analyst appointed under sub-section (1) of Sec. 29, in writing about the willful absence of the occupier
or his agent, or, as the case may be, his refusal to sign the container or containers.

46
Reports of the result of analysis on samples taken under Sec. 26 –

Where a sample of emission has been sent for analysis to the laboratory established or recognized by
the State Board, the Board Analyst appointed under sub-section (2) of sec. 29 shall analyse the sample
and submit a report in the prescribed form of such analysis in triplicate to the State Board

(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the State Board
to the occupier or his agent referred to in Sec. 26, another copy shall be preserved for production before
the Court in case any legal proceedings are taken against him and the other copy shall be kept by the
State Board.

(3) Where a sample has been sent for analysis under CI. (d) of sub-section (3) or sub-section (4) of Sec.
26, to any laboratory mentioned therein, the Government Analyst referred to in the said sub-section (4)
shall analyse the sample and submit a report in the prescribed form of the result of the analysis in
triplicate to the State Board which shall comply with the provisions of sub-section (2).

(4) Any cost incurred in getting any sample analysed at the request of the occupier or his agent as
provided in CI. (d) of sub-section (3) of Sec. 26 or when he wilfully absents himself or refuses to sign
the marked and sealed container or containers of sample for emission under sub-section (4) of that
section, shall be payable by such occupier or his agent and in case of default the same shall be
recoverable from his as arrears of land revenue or of public demand.

State air laboratory –

(1) The State Government may, by notification in the Official Gazette, -a) establish one or more State
Air Laboratories; or (b) specify one or more laboratories or institutes as State Air Laboratories to carry
out the functions entrusted to the State Air Laboratory under this Act.

(2) The State Government may, after consultation with the State Board, make rules prescribing –

(a) the functions of the State Air Laboratory; (b) the procedure for the submission to the said laboratory
of samples of air or emission for analysis or tests, the form of the Laboratory’s report thereon and the
fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable
that laboratory tocarry out its functions.

Analysis –

(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks
fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of
samples of air or emission sent for analysis to any laboratory established or specified under sub-section
(1) of Sec. 28.

47
(2) Without prejudice to the provisions of Sec. 14 the State Board may, by notification in the Official
Gazette, and without the approval of the State Government, appoint such persons as it thinks fit and
having the prescribed qualifications to be Board Analysts for the purpose of analysis of samples of air
or emission sent for analysis to laboratory established or recognized under Sec. 17.

Reports of analysts –

Any document purporting to be a report signed by a Government Analyst or, as the case may be, a State
Board Analyst may be used as evidence of the facts stated therein in any proceedings under this Act.

Appeals –

(1) Any person aggrieved by an order made by the State Board under this Act may, within thirty days
from the date on which the order is communicated to him prefer and appeal to such authority

48
(hereinafter referred to as the Appellate Authority) as the State Government ma think fit to constitute.
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of
thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filling
the appeal in time.

(2) The Appellate Authority shall consist of a single person or three persons as the State Government
may think fit to be appointed by the State Government.

(3) The form and the manner in which an appeal may be preferred under sub-section (1), the fees payable
for such appeal and the procedure to be followed by the Appellate Authority shall be such as may be
prescribed.

(4) On receipt of an appeal preferred under sub-section (1), the appellate Authority shall, after giving
the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously
as possible.

Power to give directions – Notwithstanding anything contained in any other law, but subject to the
provisions of this Act, and to any directions that the Central Government may give in this behalf, a board
may, in the exercise of its powers and performance of its functions under this Act, issue any directions
in writing to any person, officer or authority, shall be bound to copy with such directions.

PENALTIES AND PROCEDURE

Failure to comply with the provisions of Sec. 21 or Sec. 22 or with the directionsissued under Sec. 31-
A–

(1) Whoever fails to comply with the provisions of Sec. 21 or Sec. 22 or directions issued under Sec.
31-A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not
be less than one year and six months but which may extend to six years and with fine, and in case the
failure continues, with an additional fine which may extend to five thousand rupees for every day during
which such failure continues after the conviction for the first such failure.

(2) If the failure referred to in sub-section (1), continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term which shall not be less than
two years but which may extend to sever years and with fine.

Penalties for certain acts. –

Whoever –

49
(a) destroys, pulls down, removes, injures or defaces any piller,post of stake fixed in the ground or any
notice or other matter put up, inscribed or placed, by or under the authority of the Board, or

(b) obstructs any person acting under the orders or directions of the Board from exercising his powers
and performing his functions under this Act, or

(c) damage any works or property belonging to the Board, or

(d) fails to furnish to the Board or any officer or other employee of the Board nay information
required by the Board or such officer or other employee for the purpose of this Act, or

(e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the
standards laid down by the State Board or the apprehension of such occurrence, to the State Board and
other prescribed authorities or agencies as required under sub-section (1) of Sec. 23, or

(f) in giving any information which he is required to give under this Act, makes a statement which is
false in any material particular, or (h) for the purpose of obtaining any consent under Sec. 21, makes a
statement which is false in any material particular, shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to ten thousand rupees or with both.

Penalty for contravention of certain provisions of this Act –

Whoever contravenes any of the provisions of this Act or any order or directions issued thereunder, for
which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to ten thousand rupees or with
both, and in the case of continuing contravention, with an additional fine which may extend to five
thousand rupees for every day during which such contravention continues after conviction for the first
such contravention.

Offences by companies –

(1) Where an offence under this Act has been committed by a company, every person who, at the time
the offence was committed, was directly in charge of, and was responsible to, the company for the
conduct of the business of th company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.

50
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with consent or
connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.

offence committed by the company –

A bare reading of this provision shows that every person who at the time the offence was committed,
was directly, in charge of and responsible to the company for the conduct of the business of the company,
would also be liable to be punished for the said offence. The words “directly incharge of” are significant
in this regard and exclude persons who are indirectly responsible for the business of the company. It is,
therefore, possible to hold that the Chairman and Deputy Chairman of the Company by virtue of office
held by them cannot be prosecuted for offences committed by the company as they are not the persons
directly in charge of, and responsible to the company as they are not the persons directly in charge of,
and responsible to the company for the conduct of the business of the company. It is, therefore, possible
to hold that the Chairman and Deputy Chairman of the Company by virtue of office held by them cannot
be prosecuted for offences committed by the company as they are not the persons directly in charge of,
and responsible to the company for the conduct of its business as equired under Sec. 40 of the Act. The
broad language of Sec. 482 of the Code of Criminal Procedure,

would also justify that view and suggest that High Court has all the powers to prevent misuse of the
process of the Court or secure ends of justice. Prosecution of Chairman and Deputy. Chairman quashed
in exercise of the powers under Sec. 482 of the Code of Criminal Procedure.

Offences by Government department –

(1) Where an offence under this Act has been committed by any department of Government, the Head
of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by the Department of Government and it is proved that the offence has been committed with

51
the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the
Head of the Department, such officer shall also be deemed to be guilty of that offence shall be liable to
be proceeded against and punished accordingly.

Protection of action taken in good faith –

No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the
Government or any member or any officer or other employee of the Board in respect of anything which
is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

Cognizance of offences

(1) No Court shall take cognizance of any offence under this Act except on a compliant made by –

(a) a Board or any officer authorized in this behalf by it; or

(b) any person who has given notice and of his intention to make a manner prescribed, of the alleged
offence and of his intention to make a complaint to the Board or officer authorized as aforesaid, and no
Court inferior to that of a Metropolitan Magistrate or a Jundicial Magistrate of the first class shall try
and offence punishable under this Act.

(2) Where a complaint has been made under CI. (b) of sub-section (1), the Board shall on demand by
such person, make available the relevant reports in its possession to that person:

Provided that the Board may refuse to make any such report available to such person if the same is, in
its opinion, against the public interest.

Members, officers and employees of board to be public servants –

All the members and all officers and other employees of a Board when acting or purporting to act in
pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public
servants within the meaning of Sec. 21 of the Indian Penal Code (45 of 1860).

Repots and returns –

The Central Board shall, in relation to its functions under this Act, furnish to the Central Government
and a State Board shall, in relation to its functions under this Act, furnish to the State Government and

52
to Central Board such reports, returns, statistics, accounts and other information as that Government, or,
as the case may be, the Central Board may, from time to time, require.

Bar of jurisdiction –

No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which
an Appellate Authority constituted under this Act is empowered by or under this Act to determine, and
no injunction shall be granted by any Court or other authority in respect of any action taken or to be
taken in pursuance of any power conferred by or under this Act.

Power of State Government to supersede State Board –

(1) If at any time the State Government is of opinion –

(a) that a State Board constituted under this Act has persistently made default in the performance of the
functions imposed on it by or under this Act, or (b) that circumstances exist which render it necessary in
the public interest so to do, the State Government may, by notification in the Official Gazette, supersede
the State Board for such period, not exceeding six months, as may be specified in the notification:

provided that before issuing a notification under this sub-section for the reasons mentioned in CI. (a),
the State Government shall give a reasonable opportunity to the State Board to show cause why it should
not be superseded and shall consider the explanations and objections, if any, of the State Board.

(2) Upon the publication of a notification under this sub-section (1) superseding the State Board:-

(a) all the members shall, as from the date of supersession, vacate their officers as such;

(b) all the powers functions and duties which may, by or under this Act, be exercised, performed or
discharged by the State Board shall, until the State Board is reconstituted under sub-section (3), be
exercised, performed or discharged by such person or persons as the State Government may direct;

(c) all property owned or controlled by the State Board shall, until the Board is reconstituted under
sub-section (3), vest in the State Government.

(3) On the expiration of the Period of supersession specified in the notification issued under sub-section
(1), the State Government may – (a) extend the period of supersession for such further term, not
exceeding six months, as it may consider necessary; or

(b) reconstitute the State Board by a fresh nomination or appointment, as the case may be, and in such
case any person who vacated his office under CI. (a) of subsection (2) shall also be eligible for
nomination or appointment:

53
Provided that the State Government may at any time before the expiration of the period of supersession,
whether originally specified under sub-section (1) or as extended under this sub-section, take action
under CI. (b) of this sub-section.

54
 UNIT - 3
SUBJECT: - ENVIRONMENTAL LEGISLATION AND MANAGEMENT SYSTEM
NAME: ANUJA M.PADOLE
(ROLL NO: ME 1003)

syllabus:

Environment (Protection) Act 1986: Genesis of the Act – delegation of powers – Role of
Central Government - Latest EIA Notification – Sitting of Industries – Coastal Zone
Regulation - Responsibilities of local bodies, mitigation scheme etc.,

ENVIRONMENT (PROTECTION) ACT 1986:

An Act to provide for the protection and improvement of environment and for matters
connected there with :-
WHEREAS the decisions were taken at the UNITED NATIONS CONFERENCE on the
Human Environment held at Stockholm in June, 1972, in which India participated, to take
appropriate steps for the protection and improvement of human environment;

AND WHEREAS it is considered necessary further to implement the decisions aforesaid

in so far as they relate to the protection and improvement of environment and the
prevention of hazards to human beings, other living creatures, plants and property;
The EPA(Environment Protection Act),1986 Come into force soon after the BHOPAL GAS
TRAGEDY and it is considered an UMBRELLA LEGISLATION as it fills many gaps in the
existing laws. Thereafter a large number of laws came into existence as problems began
rising ,or example, Handling and Management of Hazardous Waste Rules in 1989.

EPA(Environment Protection Act),1986 Enacted by Parliament in the Thirty-seventh Year

of the Republic of India under article 253 of the Indian constitution .To protect and
improve environmental quality ,control and reduce pollution from all sources. it enacted
as follows:-

This Act may be called the Environment (Protection) Act,

1986. It extends to the whole of India
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be appointed
for different provisions of this Act and for different areas.
GENERAL POWERS OF THE CENTRAL GOVERNMENT

55
POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND
IMPROVE ENVIRONMENT
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all
such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing controlling and abating environmental pollution.

(2) In particular, and without unfairness to the generality of the provisions of sub-
section (1), such measures may include measures with respect to all or any of the
following matters, namely:--
(i) co-ordination of actions by the State Governments, officers and other authorities--

(a) under this Act, or the rules made there under, or

(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the prevention,

control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various aspects;

(iv) laying down standards for emission or discharge of environmental pollutants from
various sources whatsoever:
Provided that different standards for emission or discharge may be laid down under this
clause from different sources having regard to the quality or composition of the
emission or discharge of environmental pollutants from such sources;
(v) restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out
subject to certain safeguards;
(vi) laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous substances;

(viii) examination of such manufacturing processes, materials and substances as are

likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to
problems of environmental pollution;
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes,

56
materials or substances and giving, by order, of such directions to such authorities, officers or

57
persons as it may consider necessary to take steps for the prevention, control and
abatement of environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out the
functions entrusted to such environmental laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect of matters relating to

environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention, control and
abatement of environmental pollution;
(xiv) such other matters as the Central Government deems necessary or expedient for
the purpose of securing the effective implementation of the provisions of this Act.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose
of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such
name or names as may be specified in the order for the purpose of exercising and performing such
of the powers and functions (including the power to issue directions under section 5) of the Central
Government under this Act and for taking measures with respect to such of the matters referred to in
sub-section (2) as may be mentioned in the order and subject to the supervision and control of the
Central Government and the provisions of such order, such authority or authorities may exercise
and powers or perform the functions or take the measures so mentioned in the order as if such
authority or authorities had been empowered by this Act to exercise those powers or perform those
functions or take such measures.

4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS

(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may
appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to
them such of the powers and functions under this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the general control
and direction of the Central Government or, if so directed by that Government, also of
the authority or authorities, if any, constituted under sub- section (3) of section 3 or of
any other authority or officer.
5. POWER TO GIVE DIRECTIONS

Notwithstanding anything contained in any other law but subject to the provisions of this
Act, the Central Government may, in the exercise of its powers and performance of its
functions under this Act, issue directions in writing to any person, officer or any authority
and such person, officer or authority shall be bound to comply with such directions
58
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct--
(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) stoppage or regulation of the supply of electricity or water or any other service.

6. RULES TO REGULATE ENVIRONMENTAL POLLUTION

(1) The Central Government may, by notification in the Official Gazette, make rules in
respect of all or any of the matters referred to in section
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
(a) the standards of quality of air, water or soil for various areas and purposes;

(b) the maximum allowable limits of concentration of various environmental

pollutants (including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;

(d) the prohibition and restrictions on the handling of hazardous substances in different areas;

(e) the prohibition and restriction on the location of industries and the carrying on
process and operations in different areas
(f) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for such accidents
DELEGATION OF POWERS: SECTION 23
Section 23 of the Environment (protection) Act empowers the Central Government to
delegate (with certain exceptions) such of its powers and functions "as it may deem
necessary or expedient". The delegation under this section can be to-
(a) any officer
(b) any state Government or
(c) any other authority
his power of entrustment is expressly declared to be without prejudice to the provisions of
section 3(3). It would further appear that by virtue of section 23, even the power conferred on
the Central Government by section 4(1) to "entrust" powers and functions under the Act can
itself be delegated so that there may arise what can be called "double delegation" by virtue of
the combined operation of section 4(1) and section 23. To illustrate the point, the Central
Government may, under section 23, delegate to officer A its own power under section 4(1). That
officer can then under section 4(1), entrust, to officer B, specified powers and functions under
59
the Act. Officer A would be standing in the shoes of the Central Government to the extent of the

60
delegation. Or, to put the matter in a different form, the Central Government may, under section
4(1), entrust, to officer A, its own power under section 23. Thereafter, officer A can, acting under
section 23, "delegate" the specified power of the Central Government to officer B, because, by
virtue of the entrustment, officer A would be standing in he shoes of the Central Government.
Powers that can be delegated: chart of delegation Even apart from the situation of (i) delegation,
followed by (ii) entrustment or entrustment followed by delegation (discussed above), section
23, taken singly, permits delegation of large number of powers and functions. The position can
be put in the form of a chart (which, however, is not necessarily exhaustive)

Chart relating to delegation of powers

permissible under section 23

SECTION POWER Whether delegable under section

23
Section Power to take measures to protect and Delegable Under section 23
3Q) and Under improve the environment
3(2

Section Power to constitute authority Not delegable under section 23.

3(3) (But can be entrusted under
section 4)
ection Power to appoint officers and to entrust delegable under section 23.
4(1) powers and functions to them

Section 5 Power to issue directions including directions to stop delegable under section 23.
any industry etc.
Section 6 Power to make rules as so standards of quality of air delegable under section 23.
etc., permissible limits of pollutants (including
noise), procedures for handling hazardous
substances, Prohibition regarding location of
industries, procedures for preventing accidents etc
Section 10 Power to empower any person to "enter any place" delegable under section 23.
for the specified purpose (including power of seizure
etc.)
Section Power to empower any officer to take samples delegable under section 23.
11(1)
Section Power to establish environmental laboratories delegable under section 23.
12(1)

61
Section Power to make rules as to functions of delegable under section 23.

62
 12(2) environmental laboratories, procedures
for submitting samples, fees payable for
reports etc
Section 13 Power to appoint or recognize qualified delegable under section 23.
persons as Government Analysts
Section 19 Power to make complaint, or authorize delegable under section 23.
any authority or officer to make a
complaint
Section 20 Power to require any person, officer, delegable under section 23.
State Government or other authority to
furnish reports, returns etc
Section 25 Power to make rules. Not delegable under section 23.
(But it can be entrusted under
section 4(1))

12.3 Constitutional position regarding delegation

The question is bound to arise, at some stage or other, whether the delegation
provided for by section 23 is constitutionally permissible. One must experience, a
serious doubt in this regard, having regard to the following very vital considerations:-
(i) The powers and functions that can be delegated, cover a very large area.
(ii) Some of the powers relate to matters that are, in themselves of great importance,
inasmuch as they contemplate regulatory, restrictive or other measures that touch the
citizen's affairs at various points. Even certain-> rule-making powers can be delegated."
(iii) Many of the powers can affect the carrying on of trade, business or industry, and
the question will naturally arise whether the imposition of such restrictions under a
delegated power can, in every case, meet the test of reasonableness envisaged by
article 19 of the Constitution, particularly in
the light of what is stated in (iv), (v), (vi), (vii) below.
(iv) Under section 23, delegation by the Central Government is permissible "as it
may deem necessary or expedient". There are no other guidelines.
(v) The delegation can be made in favor of "any officer, State Government or other authority".
(vi) The purported exercise of a power under the Act enjoys the protection conferred
by section 18, bars the jurisdiction of courts under section 22, overrides other laws
under section 23 and attracts penal consequences under section 15 to 17.
(vii) In the scheme of the Act, "double delegation" can arise. Infact there can be a
multilateral delegation

12.4 Other problems arising from delegation

63
Apart from constitutional aspects of delegation , there are certain other aspects that
should receive consideration. In principle, such a blanket delegation of powers is not
desirable, as it may lead to non—uniform (and even arbitrary) application of the law,
creating situations likely to cause
embarrassment. This is particularly so, when one bears it in mind that in the scheme
of the Act, there are possibilities of
(i) delegation by the Central Government to A, followed by entrustment by A to B, or
(ii) (ii) entrustment by the Central Government to A, followed by delegation by A to B. ,
Besides all this the present scheme is likely to lead to multiplicity of authorities.
12.5 Suggestion to delete section 23.
It is because of these important aspects of delegation and its possible consequences,
that one is compelled to make the suggestion that section 23 of the Environment
Protection Act should be deleted
The impact of section 3(3): Multilateral delegation
While on the subject of delegation of powers under the Environment Protection Act, one should
also take note of the provisions of section 3(3) of the Act. Under that sub-section (so far as is
material), the Central Government can constitute "an authority or authorities' for exercising the
powers and performing the functions of the Central Government which may be specified in the
order. When one reads this in conjunction with sections 4(1) and 23, one finds that there can be
a "multilateral" delegation of powers in the scheme of the Act, as under:-
(a) A power of the Central Government can be made to devolve on the
authority or authorities constituted under section 3(3).
(b) The same power can be entrusted to an officer appointed under section. 4(1).
(c) The same power can be delegated by the Central Government to any
officer, State Government or other authority, under section 23.
Delegation of Powers

The devolution under (a),

the entrustment under
(b) above and the delegation under
(c), can obviously lead to a trilateral delegation of the same power.
It is to be noted that with a few exceptions, most powers con- template by the Act fall
under section 3(3), section 4(1) and also under section 23. Even the adjective "trilateral" is
not sufficient to pictures the situation. The reason is, that under some of the relevant
provisions, power can be made to descend in favor of more than one person or authority,
for example, section 3(3), by its express wording, makes this amply clear, by

using the words "authority or authorities". Again, section 4(1), by providing that "the
Central Government may appoint officers and may entrust to them such of powers

64
and functions under this act as it may deem fit," appears to permit the vesting of the
same power in a number of officers.

65
One need not pause to examine the further complication created by the fact that after the
entrustment by Central Government under section 4(1), duality of control can arise because
section 4(2) provides that the officers appointed under section 4(1) shall be subject to the
general Control and direction of the Central Government or, (if so directed by that govern-
ment) "also of the authority or authorities, if any, constituted under sub-sec-
tion (3) of section 3 or of any other authority or officer".

LATEST EIA NOTIFICATION – SITTING OF INDUSTRIES – COASTAL ZONE

REGULATION - RESPONSIBILITIES OF LOCAL BODIES, MITIGATION SCHEME
ETC.,
COASTAL REGULATION ZONE NOTIFICATION MINISTRY OF
ENVIRONMENT AND FORESTS (Department of Environment, Forests and Wildlife)
A draft notification under sub-section (1) of section and clause (V) of subsection (2) of
section 3 of the Environment (Protection) Act, 1986 was issued inviting objections and
suggestions for the declaration of coastal stretches as Coastal Regulation Zone and
imposing restrictions on industries, operations and processes in the CRZ was published
on dated 15th September, 2010. copies of the said Gazette were made available to the
public on 15th September, 2010.The suggestions and objections received from the
public have been considered by the Central Government
In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of
section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, with
a view to ensure livelihood security to the fisher communities and other local communities, living
in the coastal areas, to conserve and protect coastal stretches, its unique environment and its
marine area and to promote development through sustainable manner based on scientific
principles taking into account the dangers of natural hazards in the coastal areas, sea level rise
due to global warming, does hereby, declare the coastal stretches of the country and the water
area up to its territorial water limit, excluding the islands of Andaman and Nicobar and
Lakshadweep and the areas surrounding these islands up to its territorial limit, as Coastal
Regulation Zone (hereinafter referred to as the CRZ) and restricts the setting up and expansion
of any industry, operations or processes and manufacture or handling or storage or disposal of
hazardous substances as specified in the Hazardous Substances (Handling, Management and
Transboundary Movement) Rules, 2009 in the aforesaid CRZ.
Following restrictions on the setting up and expansion of industries, operations
or processes and the like in the CRZ,
1)
(i) the land area from High Tide Line (hereinafter referred to as the HTL) to
500mts on the landward side along the sea front.
(ii) CRZ shall apply to the land area between HTL to 100 mts or width of the creek
whichever is less on the landward side along the tidal influenced water bodies that
66
are connected to the sea and the distance upto which development along such tidal

67
 influenced water bodies is to be regulated shall be governed by the distance
upto which the tidal effects are experienced which shall be determined based
on salinity concentration of 5 parts per thousand (ppt) measured during the
driest period of the year and distance upto which tidal effects are experienced
shall be clearly identified and demarcated accordingly in the Coastal Zone
Management Plans (hereinafter referred to as the CZMPs).
( Explanation.- For the purposes of this sub-paragraph the expression tidal
influenced water bodies means the water bodies influenced by tidal effects
from sea, in the bays, estuaries, rivers, creeks, backwaters, lagoons, ponds
connected to the sea or creeks and the like.)
(iii) The land area falling between the hazard line and 500mts from HTL on the
landward side, in case of seafront and between the hazard line and 100mts
line in case of tidal influenced water body the word ‘hazard line’ denotes the
line demarcated by Ministry of Environment and Forests (hereinafter referred
to as the MoEF) through the Survey of India (hereinafter referred to as the
SoI) taking into account tides, waves, sea level rise and shoreline changes.
(iv) Land area between HTL and Low Tide Line (hereinafter referred to as the
LTL) which will be termed as the intertidal zone.
(v) The water and the bed area between the LTL to the territorial water limit (12
Nm) in case of sea and the water and the bed area between LTL at the bank
to the LTL on the opposite side of the bank, of tidal influenced water bodies.
2. For the purposes of this notification, the HTL means the line on the land upto which
the highest water line reaches during the spring tide and shall be demarcated uniformly
in all parts of the country by the demarcating authority(s) so authorized by the MoEF in
accordance with the general guidelines issued at Annexure-I. HTL shall be demarcated
within one year from the date of issue of this notification.
3. Prohibited activities within CRZ,- The following are declared as prohibited activities
within the CRZ,-
(i) Setting up of new industries and expansion of existing industries except,-
(a) those directly related to waterfront or directly needing foreshore facilities;

(Explanation: The expression “foreshore facilities” means those activities permissible

under this notification and they require waterfront for their operations such as ports and
harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines,
lighthouses, navigational safety facilities, coastal police stations and the like.)

(b) projects of Department of Atomic Energy.

(c) facilities for generating power by non-conventional energy sources and

setting up of desalination plants in the areas not classified as CRZ-I(i) based
68
on an impact assessment study including social impacts.

69
 (d) development of green field Airport already permitted only at Navi Mumbai.

(e) reconstruction, repair works of dwelling units of local communities including

fishers in accordance with local town and country planning regulations.

(ii) manufacture or handling oil storage or disposal of hazardous substance as

specified in the notification of Ministry of Environment and Forests, No. S.O.594
(E), dated the 28th July 1989, S.O.No.966(E), dated the 27th November, 1989 and
GSR 1037 (E), dated the 5th 3 December ,1989 except,-
(a) transfer of hazardous substances from ships to ports, terminals and
refineries and vice versa.
(b) facilities for receipt and storage of petroleum products and liquefied natural gas
as specified in Annexure-II appended to this notification and facilities for
regasification of Liquefied Natural Gas (hereinafter referred to as the LNG) in the
areas not classified as CRZ- I(i) subject to implementation of safety regulations
including guidelines issued by the Oil Industry Safety Directorate in the Ministry of
Petroleum and Natural Gas and guidelines issued by MoEF and subject to further
terms and conditions for implementation of ameliorative and restorative measures
in relation to environment as may be stipulated by in MoEF.
(iii) Setting up and expansion of fish processing units including warehousing except
hatchery and natural fish drying in permitted areas.
(iv) Land reclamation, bunding or disturbing the natural course of seawater except those,-

(a) required for setting up, construction or modernisation or expansion of foreshore

facilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sealink,
road on stilts, and such as meant for defence and security purpose and for other
facilities that are essential for activities permissible under the notification.

(b) measures for control of erosion, based on scientific including Environmental

Impact Assessment (hereinafter referred to as the EIA) studies.
(c) maintenance or clearing of waterways, channels and ports, based on EIA studies.

(d) measures to prevent sand bars, installation of tidal regulators, laying of storm
water drains or for structures for prevention of salinity ingress and freshwater
recharge based on carried out by any agency to be specified by MoEF.

(v) Setting up and expansion of units or mechanism for disposal of wastes and
effluents except facilities required for-
(a) discharging treated effluents into the water course with approval under the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).
(b) storm water drains and ancillary structures for pumping.

70
 (c) treatment of waste and effluents arising from hotels, beach resorts and
human settlements located in CRZ areas other than CRZ-I and disposal of
treated wastes and effluents
(vi) Discharge of untreated waste and effluents from industries, cities or towns and
other human settlements. T he concerned authorities shall implement schemes
for phasing out existing discharge of this nature, if any, within a time period not
exceeding two years from the date of issue of this notification.
(vii) Dumping of city or town wastes including construction debris, industrial solid wastes,
fly 4 ash for the purpose of land filling and the like and the concerned authority shall
implement schemes for phasing out any existing practice, if any, shall be phased out
within a period of one year from date of commencement of this notification.
(viii) Port and harbour projects in high eroding stretches of the coast, except
those projects classified as strategic and defence related in terms of EIA
notification, 2006 identified by MoEF based on scientific studies and in
consultation with the State Government or the Union territory Administration.
(ix) Reclamation for commercial purposes such as shopping and housing
complexes, hotels and entertainment activities.
(x) Mining of sand, rocks and other sub-strata materials except,- (a)those rare minerals not
available outside the CRZ area, (b) exploration and exploitation of Oil and Natural Gas.
(xi) Drawl of groundwater and construction related thereto, within 200mts of HTL;
except the following:-
(a) in the areas which are inhabited by the local communities and only for their use.
(b) In the area between 200mts-500mts zone the drawl of ground water shall be
permitted only when done manually through ordinary wells for drinking, horticulture,
agriculture and fisheries and where no other source of water is available.
(xii) Construction activities in CRZ-I except those specified in para 8 of this notification.
(xiii) Dressing or altering the sand dunes, hills, natural features including landscape
changes for beautification, recreation and other such purpose. (xiv) Facilities
required for patrolling and vigilance activities of marine/coastal police stations.

4. Regulation of permissible activities in CRZ area.- The following activities shall be

regulated except those prohibited in para 3 above,
(i) (a) clearance shall be given for any activity within the CRZ only if it requires
waterfront and foreshore facilities;
(b) for those projects which are listed under this notification and also attract EIA
notification, 2006 (S.O.1533 (E), dated the 14th September, 2006), for such
projects clearance under EIA notification only shall be required subject to being
recommended by the concerned State or Union territory Coastal Zone
Management Authority (hereinafter referred to as the CZMA).

71
(c) Housing schemes in CRZ as specified in paragraph 8 of this notification;

72
(ii) (d)Construction involving more than 20,000sq mts built-up area in CRZ-II shall be
considered in accordance with EIA notification, 2006 and in case of projects less than
20,000sq mts built-up area shall be approved by the concerned State or Union territory
Planning authorities in accordance with this notification after obtaining recommendations
from the concerned CZMA and prior recommendations of the concern CZMA shall be
essential for considering the grant of environmental clearance under EIA notification,
2006 or grant of approval by the relevant planning authority.
(e) MoEF may under a specific or general order specify projects which require
prior public hearing of project affected people.
(f) construction and operation for ports and harbours, jetties, wharves, quays, slipways,
ship construction yards, breakwaters, groynes, erosion control measures;
(iii)the following activities shall require clearance from MoEF, namely:-
(a) those activities not listed in the EIA notification, 2006.
(b) construction activities relating to projects of Department of Atomic Energy
or Defence requirements for which foreshore facilities are essential such as,
slipways, jetties, wharves, quays; except for classified operational component
of defence projects. Residential buildings, office buildings, hospital complexes,
workshops of strategic and defence projects in terms of EIA notification, 2006.
(c) construction, operation of lighthouses
(d) laying of pipelines, conveying systems, transmission line
(e) exploration and extraction of oil and natural gas and all associated
activities and facilities thereto
(f) Foreshore requiring facilities for transport of raw materials, facilities for intake of
cooling water and outfall for discharge of treated wastewater or cooling water from
thermal power plants. MoEF may specify for category of projects such as at (f), (g) and
(h) of para 4
(g) Mining of rare minerals as listed by the Department of Atomic Energy
(h) Facilities for generating power by non-conventional energy resources,
desalination plants and weather radars
(i) Procedure for clearance of permissible activities.- All projects attracting this
notification shall be considered for CRZ clearance as per the following
procedure, namely:-
(i) The project proponents shall apply with the following documents seeking prior
clearance under CRZ notification to the concerned State or the Union territory
Coastal Zone Management Authority,-
(a) Form-1 (Annexure-IV of the notification)
(b) Rapid EIA Report including marine and terrestrial component except for
construction projects listed under 4(c) and (d)

73
 (c) Comprehensive EIA with cumulative studies for projects in the stretches
classified as low and medium eroding by MoEF based on scientific studies and
in consultation with the State Governments and Union territory Administration
(d) Disaster Management Report, Risk Assessment Report and Management Plan.
(e) CRZ map indicating HTL and LTL demarcated by o n e o f t h e authorized
agency (as indicated in para 2) i n 1:4000 scale.
(f) Project layout superimposed on the above map indicated at (e) above; 6
(g) The CRZ map normally covering 7km radius around the project site.
(h) The CRZ map indicating the CRZ-I, II, III and IV areas including other
notified ecologically sensitive areas.
(i) No Objection Certificate from the concerned State Pollution Control Boards or
Union territory Pollution Control Committees for the projects involving discharge
of effluents, solid wastes, sewage and the like
(ii) The concerned CZMA shall examine the above documents in accordance with the
approved CZMP and in compliance with CRZ notification and make recommendations
within a period of sixty days from date of receipt of complete application,-
(a)MoEF or State Environmental Impact Assessment Authority (hereinafter referred
to as the SEIAA) as the case may be for the project attracting EIA notification, 2006
(b) MoEF for the projects not covered in the EIA notification, 2006 but attracting para
4(ii) of the CRZ notification
(iii)MoEF or S E I A A shall consider such projects for clearance based on the
recommendations of the concerned CZMA within a period of sixty days.
(iv) The clearance accorded to the projects under the CRZ notification shall be
valid for the period of five years from the date of issue of the clearance for
commencement of construction and operation.
(v) F o r Post clearance monitoring –
(a) it shall be mandatory for the project proponent to submit half-yearly compliance
reports in respect of the stipulated terms and conditions of the environmental
clearance in hard and soft copies to the regulatory authority(s) concerned, on 1st
June and 31st December of each calendar year and all such compliance reports
submitted by the project p r o p o n e n t shall be published in public domain and its
copies shall be given to any person on application to the concerned CZMA.
(b) the compliance report shall also be displayed on the website of the
concerned regulatory authority.
(vi) To maintain transparency in the working of the CZMAs it shall be the
responsibility of the CZMA to create a dedicated website and post the agenda,
minutes, decisions taken, clearance letters, violations, action taken on the
violations and court matters including the Orders of the Hon’ble Court as also the
approved CZMPs of the respective State Government or Union territory.

74
(ii) Classification of the CRZ – For the purpose of conserving and protecting the coastal
areas and marine waters, the CRZ area shall be classified as follows, namely:
(i) CRZ-I,–
A. The areas that are ecologically sensitive and the geomorphological features
which play a role in the maintaining the integrity of the coast,-
(a) Mangroves, in case mangrove area is more than 1000 sq mts, a buffer of
50meters along themangroves shall be provided
(b) Corals and coral reefs and associated biodiversity
(c) Sand Dunes
(d) Mudflats which are biologically active
(e) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats
and other protected areas under the provisions of Wild Life (Protection) Act, 1972
(53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment
(Protection) Act, 1986 (29 of 1986); including Biosphere Reserves
(f) Salt Marshes
(g) Turtle nesting grounds
(h) Horse shoe crabs habitats
(i) Sea grass beds
(j) Nesting grounds of birds
(k) Areas or structures of archaeological importance and heritage sites. B.
The area between Low Tide Line and High Tide Line;
(vi) CRZ-II,-
The areas that have been developed upto or close to the shoreline. For the purposes of
the expression “developed area” is referred to as that area within the existing municipal
limits or in other existing legally designated urban areas which are substantially
built-up and has been provided with drainage and approach roads and other
infrastructural facilities, such as water supply and sewerage mains
(iii)CRZ-III
Areas that are relatively undisturbed and those do not belong to either CRZ-I or
II which include coastal zone in the rural areas (developed and undeveloped)
and also areas within municipal limits or in other legally designated urban areas,
which are not substantially built up.
(iv) CRZ-IV,-
A. the water area from the Low Tide Line to twelve nautical miles on the seaward side
B. shall include the water area of the tidal influenced water body from the
mouth of the water body at the sea upto the influence of tide which is
measured as five parts per thousand during the driest season of the year.
(vi) Areas requiring special consideration for the purpose of protecting the critical
coastal environment and difficulties faced by local communities,-
A. (i) CRZ area falling within municipal limits of Greater Mumbai.
75
 C. (ii) the CRZ areas of Kerala including the backwaters and backwater islands.
D. (iii) CRZ areas of Goa. B. Critically Vulnerable Coastal Areas (CVCA) such
as Sunderbans region of West Bengal and other ecologically sensitive areas
identified as under Environment (Protection) Act, 1986 and managed with the
involvement of coastal communities including fisherfolk.

 Sitting of Industries 
India is second fastest in the world , economic growth rate of 8.9%, which is the, India is
fast seen emerging as a major global business giant. With 35 cities with populations in
excess of 1 million, and more cities joining the list, investments in urban infrastructure are
projected to be higher than ever before. This of course is besides the investments already
coming into the economy via ‘foreign direct investments’ into urban real estate
development. This is one sector of the Indian economy that has activities, which are
directly or indirectly linked to every other economic sector. The gross built-up area added
to commercial and residential spaces was about 40.8 million square meters in 2004-05;
the trends show a sustained growth of 10% over the coming years.
Construction activities in India have been pursued without giving much attention on
environmental issues. This has resulted in pressure on its finite natural resources,
besides creating impacts on human health and well-being. Unplanned and
unsustainable urban development has lead to severe environmental pressures. The
green cover, ground water resources have been forced to give way to the rapidly
developing urban centers. Modern buildings built in our cities have high levels of
energy consumption because of requirements of air-conditioning and lighting.
The objectives of the Notification dated 15th September 2006 is to set procedures of
environmental clearance before establishment of a project of identified nature and size.
The suitability of site for a proposed development is` one of primary concerns in according
environmental clearance to a project. This will include detailed examination of the nature of
receptors and magnitude of anticipated impact on account of the proposed project.
Large projects tend to have associated and consequential impacts. Innovative
approaches should be adopted to conserve resources, in particular, energy and
water. Backward linkages of the proposed project, such as the source and manner of
procurement of materials and forward linkages, such as kind and manner of disposal
of debris, should be duly considered along with the proposed project.
Besides environment, the aspects related to security, health and equity should be
duly considered. Government will facilitate, not merely regulate, development related
to all projects covered by this notification. The guidelines outlined here have been
prepared to help the proponents in the preparation of documents to be submitted for
environmental clearance. The guidelines outline the following:
B. Revised requirement of environmental clearance for construction projects.
C. Impacts and mitigation Measures for Site, Planning & Development
76
 E. Impacts and mitigation for Water Management
F. Impacts and Mitigation Measures for transport Management and Air Pollution Control
G. Impacts from Building materials and Constructions including Solid Waste Management
H. Energy conservation Measures including Bio-climatic Design
I. Set of mandatory and expected criteria to be followed by the developer
0H. Submittals required to address questions in Form1 and 1A of the notification
 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR
ENVIRONMENTAL CLEARANCE
Project or Activity Category with threshold limit Conditions if
A B any
1 Thermal Power ≥ 500 MW < 500 MW General
Plants (coal/lignite/naphta & (coal/lignite/naptha & Condition shall
gas based); ≥ 50 MW gas based); apply
(Pet coke diesel and
all other fuels )
2 Nuclear power All project - -
projects and
processing of
nuclear fue
Primary Processing
3 Coal washeries ≥ 1 million ton/annum < 1 million ton/annum General
throughput of coal throughput of coal Condition shall
apply (If located
within mining
area the
proposal shall
be appraised
together with
the mining
proposal)
4 Mineral ≥ 0.1million < 0.1million General
beneficiation ton/annum mineral ton/annum mineral Condition shall
throughput throughput apply (Mining
proposal with
Mineral
beneficiation
shall be
appraised
together for

77
 grant of
clearance)
5 Metallurgical a)Primary Sponge iron General
industries (ferrous metallurgical industry manufacturing Condition shall
& non ferrous) All projects b) Sponge <200TPD apply for
iron manufacturing ≥ Secondary Sponge iron
200TPD c)Secondary metallurgical manufacturing
metallurgical processing industry
processing industry i.)All toxic
All toxic and heavy andheavymetal
metal producing units producing units
≥ 20,000 tonnes ii.)All other non –toxic
/annum secondary
metallurgical
processing industries
>5000 tonnes/annum
5 Cement plants ≥ 1.0 million <1.0 million General
tonnes/annum tonnes/annum Condition shall
production capacity production capacity. apply
All Stand alone
grinding units
Materials Processing
6 Petroleum refining All projects
industry
7 Coke oven plants ≥2,50,000 <2,50,000 and
tonnes/annum >=25000tonnes/annum
8 Chlor-alkali ≥300 TPD production <300 TPD Specific
industry capacityor a unit production Condition shall
located out side the capacity apply No new
notified industrial and located Mercury Cell
area/ estate within a based plants
notified will be
industrial area/ permitted and
estate existing units
converting to
membrane cell
technology are
exempted from
this Notification

78
9 Leather/skin/hide New projects outside All new or expansion Specific
processing the industrial area or of projects located condition shall
industry expansion of existing within a notified apply
units out side the industrial area/ estate
industrial area
Manufacturing/Fabrication
10 Chemical All projects
fertilizers
11 Pesticides industry All units producing
and pesticide technical grade
specific pesticides
intermediates
(excluding
formulations)
12 Petro-chemical All projects
complexes
(industries based
on processing of
petroleum
fractions & natural
gas and/or
reforming to
aromatics)
13 Manmade fibres Rayon Others General
manufacturing Condition shall
apply
14 Petrochemical Located out side the Located in a notified Specific
based processing notified industrial industrial area/ estate Condition shall
(processes other area/ estate apply
than cracking &
reformation and
not covered under
the complexes)
15 Synthetic organic Located out side the Located in a notified Specific
chemicals industry notified industrial industrial area/ estate Condition shall
(dyes & dye area/ estate apply
intermediates;
bulk drugs and
intermediates

79
excluding drug

80
 formulations;
synthetic rubbers;
basic organic
chemicals, other
synthetic organic
chemicals and
chemical
intermediates)
16 Integrated paint All projects General
industry Condition shall
apply
17 Pulp & paper Pulp manufacturing Paper manufacturing General
industry excluding and Pulp& Paper industry without pulp Condition shall
manufacturing of manufacturing manufacturing apply
paper from waste industry
paper and
manufacture of
paper from ready
pulp with out
bleaching
18 Sugar Industry ≥ 5000 tcd cane General
crushing capacity Condition shall
apply
19 Oil & gas All projects
transportation pipe
line (crude and
refinery/
petrochemical
products), passing
through national
parks
/sanctuaries/coral
reefs /ecologically
sensitive areas
including LNG
Terminal
20 Isolated storage & All projects General
handling of Condition shall
hazardous apply

81
chemicals (As per

82
 threshold planning
quantity indicated
in column 3 of
schedule 2 & 3 of
MSIHC Rules
1989 amended
2000)
21 Industrial estates/If at least one industry Industrial estates Special
parks/ complexes/ in the proposed housing at least one condition shall
areas, export industrial estate falls Category B industry apply Note:
processing Zones under the Category A, and area 500 ha. and Industrial Estate
(EPZs), Special entire industrial area not housing any of area below
Economic Zones shall be treated as industry belonging to 500 ha. and not
(SEZs), Biotech Category A, Category A or B. housing any
Parks, Leather irrespective of the industry of
Complexes. area. Industrial estates category A or B
with area greater than does not require
500 ha. and housing at clearance.
least one Category B
industry.
22 Common All integrated All facilities having General
hazardous waste facilities having land fill only Condition shall
treatment, storage incineration &landfill apply
and disposal or incineration alone
facilities (TSDFs)
23 Common Effluent All projects General
Treatment Plants Condition shall
(CETPs) apply
24 Common All projects General
Municipal Solid Condition shall
Waste apply
Management
Facility
(CMSWMF)

 G
e
n
e
r
83
 a
l
C
o
n
d
i
t
i
o
n
(
G
C
)
:
Any project or activity specified in Category ‘B’ will be treated as Category A, if located in
whole or in part within 10 km from the boundary of: (i) Protected Areas notified under the
Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central

84
 Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv)
inter-State boundaries and international boundaries.
 Specific Condition (SC): 
If any Industrial Estate/Complex / Export processing Zones /Special Economic
Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as
Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre –defined set of activities (not
necessarily homogeneous, obtains prior environmental clearance, individual industries
including proposed industrial housing within such estates /complexes will not be required
to take prior environmental clearance, so long as the Terms and Conditions for the
industrial estate/complex are complied with (Such estates/complexes must have a clearly
identified management with the legal responsibility of ensuring adherence to the Terms
and Conditions of prior environmental clearance, who may be held responsible for
violation of the same throughout the life of the complex/estate).

RESPONSIBILITIES OF LOCAL BODIES AND MITIGATION SCHEMES:

Requirements of prior Environmental Clearance (EC):-
The following projects or activities shall require prior environmental clearance from the
concerned regulatory authority, which shall hereinafter referred to be as the Central
Government in the Ministry of Environment and Forests for matters falling under
Category ‘A’ in the Schedule and at State level the State Environment Impact
Assessment Authority (SEIAA) for matters falling under Category ‘B’ in the said
Schedule, before any construction work, or preparation of land by the project
management except for securing the land, is started on the project or activity:
(i) All new projects or activities listed in the Schedule to this notification
(ii) Expansion and modernization of existing projects or activities listed in the Schedule to
this notification with addition of capacity beyond the limits specified for the concerned
sector, that is, projects or activities which cross the threshold limits given in the
Schedule, after expansion or modernization; (iii) Any change in product - mix in an
existing manufacturing unit included in Schedule beyond the specified range.

 State Level Environment Impact Assessment Authority:- 
1) A State Level Environment Impact Assessment Authority hereinafter referred to
as the SEIAA shall be constituted by the Central Government under sub-section (3)
of section 3 of the Environment (Protection) Act, 1986 comprising of three
Members including a Chairman and a Member – Secretary to be nominated by the
State Government or the Union territory Administration concerned.
(2) The Member-Secretary shall be a serving officer of the concerned State
Government or Union territory administration familiar with environmental laws.
(3) The other two Members shall be either a professional or expert fulfilling the
eligibility criteria given in Appendix VI to this notification.

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 (4) One of the specified Members in sub-paragraph (3) above who is an expert in
the Environmental Impact Assessment process shall be the Chairman of the SEIAA.
(5) The State Government or Union territory Administration shall forward the names of the
Members and the Chairman referred in sub- paragraph 3 to 4 above to the Central
Government and the Central Government shall constitute the SEIAA as an authority for
the purposes of this notification within thirty days of the date of receipt of the names.
(6) The non-official Member and the Chairman shall have a fixed term of three
years (from the date of the publication of the notification by the Central
Government constituting the authority).
(7) All decisions of the SEIAA shall be unanimous and taken in a meeting.

 Categorization of projects and activities:- 
(i) All projects and activities are broadly categorized in to two categories - Category
A and Category B, based on the spatial extent of potential impacts and potential
impacts on human health and natural and man made resources. 3
(ii) All projects or activities included as Category ‘A’ in the Schedule, including
expansion and modernization of existing projects or activities and change in
product mix, shall require prior environmental clearance from the Central
Government in the Ministry of Environment and Forests (MoEF) on the
recommendations of an Expert Appraisal Committee (EAC) to be constituted
by the Central Government for the purposes of this notification;
(iii) All projects or activities included as Category ‘B’ in the Schedule, including
expansion and modernization of existing projects or activities as specified in sub
paragraph (ii) of paragraph 2, or change in product mix as specified in sub
paragraph (iii) of paragraph 2, but excluding those which fulfill the General
Conditions (GC) stipulated in the Schedule, will require prior environmental
clearance from the State/Union territory Environment Impact Assessment
Authority (SEIAA). The SEIAA shall base its decision on the recommendations of
a State or Union territory level Expert Appraisal Committee (SEAC) as to be
constituted for in this notification. In the absence of a duly constituted SEIAA or
SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project;
 Screening, Scoping and Appraisal Committees: 
The same Expert Appraisal Committees (EACs) at the Central Government and
SEACs (hereinafter referred to as the (EAC) and (SEAC) at the State or the Union
territory level shall screen, scope and appraise projects or activities in Category ‘A’ and
Category ‘B’ respectively. EAC and SEAC’s shall meet at least once every month.
(a) The composition of the EAC shall be as given in Appendix VI. The SEAC at
the State or the Union territory level shall be constituted by the Central
Government in consultation with the concerned State Government or the Union
territory Administration with identical composition

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 (c) The Central Government may, with the prior concurrence of the concerned State
Governments or the Union territory Administrations, constitutes one SEAC for more
than one State or Union territory for reasons of administrative convenience and cost
(d) The EAC and SEAC shall be reconstituted after every three years
(e) The authorised members of the EAC and SEAC, concerned, may inspect any
site(s) connected with the project or activity in respect of which the prior
environmental clearance is sought, for the purposes of screening or scoping or
appraisal, with prior notice of at least seven days to the applicant, who shall
provide necessary facilities for the inspection
(f) The EAC and SEACs shall function on the principle of collective responsibility. The
Chairperson shall endeavour to reach a consensus in each case, and if consensus cannot
be reached, the view of the majority shall prevail.
 Application for Prior Environmental Clearance (EC):- 
An application seeking prior environmental clearance in all cases shall be made in the
prescribed Form 1 annexed herewith and Supplementary Form 1A, if applicable, as given in
Appendix II, after the identification of prospective site(s) for the project and/or activities to
which the application relates, before commencing any construction activity, or preparation of
land, at the site by the applicant. The applicant shall furnish, along with the application, a
copy of the pre-feasibility project report except that, in case of construction projects or
activities (item 8 of the Schedule) in addition to Form 1 and the Supplementary Form 1A, a
copy of the conceptual plan shall be provided, instead of the pre-feasibility report.
 Stages in the Prior Environmental Clearance (EC) Process for New Projects:- 
The environmental clearance process for new projects will comprise of a maximum
of four stages, all of which may not apply to particular cases as set forth below in
this notification. These four stages in sequential order are:-
• Stage (1) Screening (Only for Category ‘B’ projects and activities)
• Stage (2) Scoping
• Stage (3) Public Consultation
• Stage (4) Appraisal
Stage (1) – Screening:
In case of Category ‘B’ projects or activities, this stage will entail the scrutiny of an
application seeking prior environmental clearance made in Form 1 by the concerned State
level Expert Appraisal Committee (SEAC) for determining whether or not the project or
activity requires further environmental studies for preparation of an Environmental Impact
Assessment (EIA) for its appraisal prior to the grant of environmental clearance depending
up on the nature and location specificity of the project . The projects requiring an
Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining
projects shall be termed Category ‘B2’ and will not require an Environment Impact
Assessment report. For categorization of projects into B1 or B2 except item 8 (b), the

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Ministry of Environment and Forests shall issue appropriate guidelines from time to time

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MM. Stage (2) - Scoping:
(i) “Scoping”: refers to the process by which the Expert Appraisal Committee in the
case of Category ‘A’ projects or activities, and State level Expert Appraisal
Committee in the case of Category ‘B1’ projects or activities, including applications
for expansion and/or modernization and/or change in product mix of existing
projects or activities, determine detailed and comprehensive Terms Of Reference
(TOR) addressing all relevant environmental concerns for the preparation of an
Environment Impact Assessment (EIA) Report in respect of the project or activity
for which prior environmental clearance is sought. The Expert Appraisal Committee
or State level Expert Appraisal Committee concerned shall determine the Terms of
Reference on the basis of the information furnished in the prescribed application
Form1/Form 1A including Terns of Reference proposed by the applicant, a site visit
by a sub- group of Expert Appraisal Committee or State level Expert Appraisal
Committee concerned only if considered necessary by the Expert Appraisal
Committee or State Level Expert Appraisal Committee concerned, Terms of
Reference suggested by the applicant if furnished and other information that may
be available with the Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned. All projects and activities listed as Category ‘B’ in Item 8 of
the Schedule (Construction/Township/Commercial Complexes /Housing) shall not
require Scoping and will be appraised on the basis of Form 1/ Form 1A and the
conceptual plan.
(ii) The Terms of Reference (TOR) shall be conveyed to the applicant by the Expert
Appraisal Committee or State Level Expert Appraisal Committee as concerned within
sixty days of the receipt of Form 1. In the case of Category A Hydroelectric projects
Item 1(c) (i) of the Schedule the Terms of Reference shall be conveyed along with
the clearance for pre-construction activities .If the Terms of Reference are not
finalized and conveyed to the applicant within sixty days of the receipt of Form 1, the
Terms of Reference suggested by the applicant shall be deemed as the final Terms
of Reference approved for the EIA studies. The approved Terms of 5 Reference shall
be displayed on the website of the Ministry of Environment and Forests and the
concerned State Level Environment Impact Assessment Authority.
(iii) Applications for prior environmental clearance may be rejected by the regulatory
authority concerned on the recommendation of the EAC or SEAC
concerned at this stage itself. In case of such rejection, the decision
together with reasons for the same shall be communicated to the applicant
in writing within sixty days of the receipt of the application.
JJJ. Stage (3) - Public Consultation:
(i) “Public Consultation” refers to the process by which the concerns of local affected
persons and others who have plausible stake in the environmental impacts of the

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project or activity are ascertained with a view to taking into account all the material

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 concerns in the project or activity design as appropriate. All Category ‘A’
and Category B1 projects or activities shall undertake Public
Consultation, except the following:-
(a) modernization of irrigation projects (item 1(c) (ii) of the Schedule).
(b) all projects or activities located within industrial estates or parks (item
7(c) of the Schedule) approved by the concerned authorities, and which
are not disallowed in such approvals.
(c) expansion of Roads and Highways (item 7 (f) of the Schedule) which
do not involve any further acquisition of land.
(d) all Building /Construction projects/Area Development projects and
Townships (item 8).
(e) all Category ‘B2’ projects and activities.
(f) all projects or activities concerning national defence and security or involving
other strategic considerations as determined by the Central Government.
(ccc) The Public Consultation shall ordinarily have two components comprising of:-
(a) a public hearing at the site or in its close proximity- district wise, to be carried out
in the manner prescribed in Appendix IV, for ascertaining concerns of local
affected persons; (b) obtain responses in writing from other concerned persons
having a plausible stake in the environmental aspects of the project or activity.
(v) the public hearing at, or in close proximity to, the site(s) in all cases shall be
conducted by the State Pollution Control Board (SPCB) or the Union
territory Pollution Control Committee (UTPCC) concerned in the specified
manner and forward the proceedings to the regulatory authority concerned
within 45(forty five ) of a request to the effect from the applicant.
(vi) In case the State Pollution Control Board or the Union territory Pollution
Control Committee concerned does not undertake and complete the public
hearing within the specified period, and/or does not convey the proceedings of
the public hearing within the prescribed period 6 directly to the regulatory
authority concerned as above, the regulatory authority shall engage another
public agency or authority which is not subordinate to the regulatory authority,
to complete the process within a further period of forty five days,.
(vii) If the public agency or authority nominated under the sub paragraph (iii) above
reports to the regulatory authority concerned that owing to the local situation, it is
not possible to conduct the public hearing in a manner which will enable the
views of the concerned local persons to be freely expressed, it shall report the
facts in detail to the concerned regulatory authority, which may, after due
consideration of the report and other reliable information that it may have, decide
that the public consultation in the case need not include the public hearing.
(viii) For obtaining responses in writing from other concerned persons having a plausible

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stake in the environmental aspects of the project or activity, the concerned

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 regulatory authority and the State Pollution Control Board (SPCB) or the Union
territory Pollution Control Committee (UTPCC) shall invite responses from such
concerned persons by placing on their website the Summary EIA report prepared
in the format given in Appendix IIIA by the applicant along with a copy of the
application in the prescribed form , within seven days of the receipt of a written
request for arranging the public hearing . Confidential information including non-
disclosable or legally privileged information involving Intellectual Property Right,
source specified in the application shall not be placed on the web site. The
regulatory authority concerned may also use other appropriate media for ensuring
wide publicity about the project or activity. The regulatory authority shall, however,
make available on a written request from any concerned person the Draft EIA
report for inspection at a notified place during normal office hours till the date of the
public hearing. All the responses received as part of this public consultation
process shall be forwarded to the applicant through the quickest available means.
(vii) After completion of the public consultation, the applicant shall address all the material
environmental concerns expressed during this process, and make appropriate
changes in the draft EIA and EMP. The final EIA report, so prepared, shall be
submitted by the applicant to the concerned regulatory authority for appraisal. The
applicant may alternatively submit a supplementary report to draft EIA and EMP
addressing all the concerns expressed during the public consultation.

 Stage (4) - Appraisal: 
 Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State
Level Expert Appraisal Committee of the application and other documents like the
Final EIA report, outcome of the public consultations including public hearing
proceedings, submitted by the applicant to the regulatory authority concerned for
grant of environmental clearance. This appraisal shall be made by Expert Appraisal
Committee or State Level Expert Appraisal Committee concerned in a transparent
manner in a proceeding to which the applicant shall be invited for furnishing
necessary clarifications in person or through an authorized representative. On
conclusion of this proceeding, the Expert Appraisal Committee or State Level Expert
Appraisal Committee concerned shall make categorical recommendations to the
regulatory authority concerned either for grant of prior environmental clearance on
stipulated terms and conditions, or rejection of the application for prior environmental
clearance, together with reasons for the same. 

 The appraisal of all projects or activities which are not required to undergo
public consultation, or submit an Environment Impact Assessment report,
shall be carried out on the basis of the prescribed application Form 1 and
Form 1A as applicable, any other relevant 7 validated information available
and the site visit wherever the same is considered as necessary by the Expert

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Appraisal Committee or State Level Expert Appraisal Committee concerned. 

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  The appraisal of an application be shall be completed by the Expert Appraisal
Committee or State Level Expert Appraisal Committee concerned within sixty
days of the receipt of the final Environment Impact Assessment report and
other documents or the receipt of Form 1 and Form 1 A, where public
consultation is not necessary and the recommendations of the Expert
Appraisal Committee or State Level Expert Appraisal Committee shall be
placed before the competent authority for a final decision within the next
fifteen days .The prescribed procedure for appraisal is given in Appendix V ; 

 Prior Environmental Clearance (EC) process for Expansion or Modernization or
Change of product mix in existing projects: 

All applications seeking prior environmental clearance for expansion with increase in the
production capacity beyond the capacity for which prior environmental clearance has
been granted under this notification or with increase in either lease area or production
capacity in the case of mining projects or for the modernization of an existing unit with
increase in the total production capacity beyond the threshold limit prescribed in the
Schedule to this notification through change in process and or technology or involving a
change in the product –mix shall be made in Form I and they shall be considered by the
concerned Expert Appraisal Committee or State Level Expert Appraisal Committee
within sixty days, who will decide on the due diligence necessary including preparation
of EIA and public consultations and the application shall be appraised accordingly for
grant of environmental clearance. 


 Grant or Rejection of Prior Environmental Clearance (EC): 
(i) The regulatory authority shall consider the recommendations of the EAC or SEAC concerned
and convey its decision to the applicant within forty five days of the receipt of the
recommendations of the Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned or in other words within one hundred and five days of the receipt of
the final Environment Impact Assessment Report, and where Environment Impact
Assessment is not required, within one hundred and five days of the receipt of the complete
application with requisite documents, except as provided below.
(ii) The regulatory authority shall normally accept the recommendations of the Expert Appraisal
Committee or State Level Expert Appraisal Committee concerned. In cases where it
disagrees with the recommendations of the Expert Appraisal Committee or State Level
Expert Appraisal Committee concerned, the regulatory authority shall request
reconsideration by the Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned within forty-five days of the receipt of the recommendations of the
Expert Appraisal Committee or State Level Expert Appraisal Committee concerned while
stating the reasons for the disagreement. An intimation of this decision shall be
simultaneously conveyed to the applicant. The Expert Appraisal Committee or State Level
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Expert Appraisal Committee concerned, in turn, shall consider the observations of

96
 the regulatory authority and furnish its views on the same within a further period
of sixty days. The decision of the regulatory authority after considering the views
of the Expert Appraisal Committee or State Level Expert Appraisal Committee
concerned shall be final and conveyed to the applicant by the regulatory authority
concerned within the next thirty days.
(iv) In the event that the decision of the regulatory authority is not communicated to the applicant
within the period specified in sub-paragraphs (i) or (ii) above, as applicable, the applicant
may proceed as if the environment clearance sought for has been granted or denied by the
regulatory authority in terms of the final recommendations of the Expert Appraisal Committee
or State Level Expert Appraisal Committee concerned.
(v) On expiry of the period specified for decision by the regulatory authority under
paragraph (i) and (ii) above, as applicable, the decision of the regulatory
authority, and the final recommendations of the Expert Appraisal Committee or
State Level Expert Appraisal Committee concerned shall be public documents.
(vi) Clearances from other regulatory bodies or authorities shall not be required prior to
receipt of applications for prior environmental clearance of projects or activities, or
screening, or scoping, or appraisal, or decision by the regulatory authority
concerned, unless any of these is sequentially dependent on such clearance either
due to a requirement of law, or for necessary technical reasons.
(vii) Deliberate concealment and/or submission of false or misleading information or
data which is material to screening or scoping or appraisal or decision on the
application shall make the application liable for rejection, and cancellation of prior
environmental clearance granted on that basis. Rejection of an application or
cancellation of a prior environmental clearance already granted, on such ground,
shall be decided by the regulatory authority, after giving a personal hearing to
the applicant, and following the principles of natural justice.
Validity of Environmental Clearance (EC):
The “Validity of Environmental Clearance” is meant the period from which a prior
environmental clearance is granted by the regulatory authority, or may be presumed by the
applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start
of production operations by the project or activity, or completion of all construction operations
in case of construction projects (item 8 of the Schedule), to which the application for prior
environmental clearance refers. The prior environmental clearance granted for a project or
activity shall be valid for a period of ten years in the case of River Valley projects (item 1(c)
of the Schedule), project life as estimated by Expert Appraisal Committee or State Level
Expert Appraisal Committee subject to a maximum of thirty years for mining projects and five
years in the case of all other projects and activities. However, in the case of Area
Development projects and Townships, the validity period shall be limited only to such
activities as may be the responsibility of the applicant as a developer. This period of validity
97
may be extended by the regulatory authority concerned

98
 by a maximum period of five years provided an application is made to the regulatory
authority by the applicant within the validity period, together with an updated Form 1, and
Supplementary Form 1A, for Construction projects or activities. In this regard the
regulatory authority may also consult the Expert Appraisal Committee or State Level
Expert Appraisal Committee as the case may be.
Post Environmental Clearance Monitoring:
It shall be mandatory for the project management to submit half-yearly
compliance reports in respect of the stipulated prior environmental clearance terms
and conditions in hard and soft copies to the regulatory authority concerned, on 1st
June and 1st December of each calendar year.
All such compliance reports submitted by the project management shall be public
documents. Copies of the same shall be given to any person on application to the
concerned regulatory authority. The latest such compliance report shall also be displayed
on the web site of the concerned regulatory authority.

Transferability of Environmental Clearance (EC):

A prior environmental clearance granted for a specific project or activity to an
applicant may be transferred during its validity to another legal person entitled to
undertake the project or activity on application by the transferor, or by the transferee
with a written “no objection” by the transferor, to, and by the regulatory authority
concerned, on the same terms and conditions under which the prior environmental
clearance was initially granted, and for the same validity period. No reference to the
Expert Appraisal Committee or State Level Expert Appraisal Committee concerned
is necessary in such cases.

Operation of EIA Notification, 1994, till disposal of pending cases:

From the date of final publication of this notification the Environment Impact Assessment
(EIA) notification number S.O.60 (E) dated 27th January, 1994 is hereby superseded, except in
suppression of the things done or omitted to be done before such suppression to the extent that
in case of all or some types of applications made for prior environmental clearance and pending
on the date of final publication of this notification, the Central Government may relax any one or
all provisions of this notification except the list of the projects or activities requiring prior
environmental clearance in Schedule I , or continue operation of some or all provisions of the
said notification, for a period not exceeding one year from the date of issue of this notification.

Unit 6

RESPONSIBILITIES OF POLLUTION CONTROL BOARD UNDER HAZARDOUS WASTE

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Hazardous Waste Management Rules are notified to ensure safe handling , generation,
processing, treatment, package, storage, transportation, use reprocessing, collection, conversion,
and offering for sale, destruction and disposal of Hazardous Waste. These Rules came into effect
in the year 1989 and have been amended later in the years 2000, 2003 and with final notification of
the Hazardous Waste ( Management, Handling and Transboundary Movement) Rules, 2008 in
supersession of former notification. The Rules lay down corresponding duties of
various authorities such as MoEF, CPCB, State/UT Govts., SPCBs/PCCs, DGFT, Port Authority
and Custom Authority while State Pollution Control Boards/ Pollution Control Committees
have been designated with wider responsibilities touching across almost every aspect of
Hazardous wastes generation, handing and their disposal.
Generator Responsibilities
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Requirements
1. Collect waste in a suitable container that is in good condition.
2. Containers must be compatible with waste type.
3. Containers must remain closed except to add or remove waste.
4. Containers must be labeled with the words “Hazardous Waste” and its contents identified. Use labels
provided by EHS to comply with this requirement.
5. Contact EHS for waste removal. Filled containers should be removed within 90 days. If more than 55 gallons
has accumulated, it must be removed within 3 days.
6. A representative of each waste generating area must receive training in hazardous waste management.
7. Do not mix incompatible chemicals.
8. Waste must be stored at or near the point of generation, in an area controlled by the generator.
The public hearing is a mandatory step in the process ofenvironmental clearance for certain
developmental projects. ... The project proponent submits an application forenvironmental
clearance with the MoEF if it falls under Project A category or the state government if it falls
under project B category.

The process of public hearing is conducted prior to the issue of NOC from SPCB. The
District Collector is the chairperson of the public hearing committee. Other members of the
committee includes the official from the district development body, SPCB, Department of
Environment and Forest, Taluka and Gram Panchayat representative, and senior citizen of
the district, etc. The hearing committee hears the objections/suggestions from the public
and after inserting certain clauses it is passed on to the next stage of approval (Ministry of
Forest and Environment).

• The project proponent submits an application for environmental clearance with the MoEF if
it falls under Project A category or the state government if it falls under project B category.
The application form is submitted with EIA report, EMP, details of public hearing and NOC
granted by the state regulators.

Issues of clearance or rejection letter: When a project requires both environmental

clearance as well as approval under the Forest (Conservation) Act, 1980. Proposals for
both are required to be given simultaneously to the concerned divisions of the ministry. The
processing is done simultaneously for clearance/rejection, although separate letters may be
issued. If the project does not involve diversion of forest land, the case is processed only for
environmental clearance.

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Once all the requisite documents and data from the project authorities are received and
public hearings (where required) have been held, assessment and evaluation of the project
from the environment angle is completed within 90 days and the decision of the ministry
shall be conveyed within 30 days thereafter. The clearance granted shall be valid for a
period of five years for commencements of the construction or operation of the project.
The process is summarised in Figure 2.1: Environmental clearance process in India.

Role of NGO in Environment Conservation. ... Their main mission is generally societal
or environmental innature. A non-governmental organization's (NGO's) is any non-profit,
voluntary citizens' groups which is organized on a local, national or international level.Jul 21,
2013
101
102
 Unit 5

Maharashtra Pollution Control Board

The particulars of the organization, functions & duties

Maharashtra Pollution Control Board (MPCB) is implementing various environmental

legislations in the Maharashtra, mainly including Water (Prevention and Control of
Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention
and Control of Pollution), Cess Act, 1977 and some of the provisions under Environmental
(Protection) Act 1986 and the rules framed there under like, Biomedical Waste (M&H)
Rules, 1998, Hazardous Waste (M&H) Rules, 2000,amended Rules, 2003, Municipal Solid
Waste (M & H) Rules, 2000 amended 2003 . MPCB is functioning under the administrative
control of Environment Department Govt. of Maharashtra.

Constitution of MPCB

Maharashtra Pollution Control Board was established on 7th September, 1970 under the
provisions of Maharashtra Prevention of Water Pollution Act, 1969. The Water (P&CP) Act,
1974, a central legislation was adopted by Maharashra on 01.06.1981 and accordingly
Maharashtra Pollution Control Board was formed under the provision of section 4 of Water
(P&CP) Act, 1974. The Air (P&CP) Act 1981 was accepted by the State in 1983. Initially, some
areas were declared as Air Pollution Control Area i.e..on 02/05/1983. The entire state of
Maharashtra has been declared as Air Pollution Control Area since 06/11/1996. The Board is
also functioning as the State Board under section 5 of the Air (P&CP) Act, 1981.

Functions

Subject to the provisions of the Act, the functions of a State Board shall be

(a) To plan a comprehensive program for the prevention, control or abatement of

pollution of streams and wells in the State and to secure the execution thereof;

(b) To advise the State Government on any matter concerning the

prevention, control or abatement of water pollution;

(c) To collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof;

103
 Environmental Legislation and Management System

(d) To encourage, conduct and participate in investigations and research relating to

problems of water pollution and prevention, control or abatement of water pollution;

(e) To collaborate with the Central Board in organizing the

training of persons engaged
in programs relating to prevention, control or abatement
of water pollution and to

104
organize mass education programs relating thereto;

(f) To inspect sewage or trade effluents, works and plants for the treatment of
sewage and trade effluents and to review plans, specifications or other data relating
to plants set up for the treatment of water, works for the purification thereof and the
system for the disposal of sewage or trade effluents or in connection with the grant
of any consent as required by this Act;

(g) Lay down, modify or annual effluent standards for the sewage and trade effluents
and for the quality of receiving waters (not being water in an interstate stream)
resulting from the discharge of effluents and to classify waters of the State;

(h) To evolve economical and reliable methods of treatment of sewage and trade effluents,
having regard to the peculiar conditions of soils, climate and water resources of different
regions and more especially the prevailing flow characteristics of water in streams and wells
which render it impossible to attain even the minimum degree of dilution;

(i) To evolve methods of utilization of sewage and suitable trade effluents in agriculture;

(j) To evolve efficient method of disposal of sewage and trade effluents on land, as
are necessary on account of the predominant conditions of scant stream flows that
do not provide for major part of the year the minimum degree of dilution;

(k) To lay down standards of treatment of sewage and trade effluents to be

discharged into any particular stream taking into account the minimum fair
weather dilution available in that stream and the tolerance limits of pollution
permissible in the water of the stream, after the discharge of such effluents;

(l) To make, vary or revoke any order –

(i) For the prevention, control or abatement of discharge of waste into streams or wells;

(ii) Requiring any person concerned to construct new streams for the disposal of sewage and
trade effluents or to modify, alter or extend any such existing system or to adopt such remedial
measures as are necessary to prevent control or abate water pollution;

(m)To lay down effluent standards to be compiled with by persons while

causing discharge of sewage or sludge or both and to lay down, modify or
annual effluent standards for the sewage and the trade effluents;

(n) To advise the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or well;

(o) To perform such other functions as may be described or as may, from

time to time be entrusted to it by the Central Board or the State Government;

105
(p) The Board may establish or recognize a laboratory or laboratories to enable the Board to
perform its functions under this section efficiently, including the analysis of samples of
water from any stream or well or of samples of any sewage or trade effluents.

The Powers and Duties of its Officers and

Employees Legal Section: Sr. Law Officer

(i) To look after the implementation of 18 various Environmental Acts, Rules &
Regulations under the supervision of the Member Secretary & Chairman f the Board.

(ii) To prepare an Action Plan for the implementation of various

Environmental Acts, Rules & Regulations under the supervision of the
Member Secretary & Chairman of the Board.

(iii) To brief various Advocates on record and Sr. Counsels engaged by the Board in the
High Court & Supreme Court of India, Human Rights Commission, State & National
Consumer Forum, State Information Commission, Labour Courts and Lok Aayukta etc.

(iv) To super wise the work of Law Officers, Asstt.Law Officers and various Panel
Advocates as well as the officers of the Board pertaining to the legal matter.

(v) To give consultation / legal advise to the Board, State Govt. and other Govt. &
Semi-Govt. Organizations as well as the agencies approached to the Board.

(vi) To make correspondence with the Central Govt., State Govt., other Govt. & Semi
Govt. Organizations and various offices of the Board in respect of legal matters.

(vii) To appear before various Appellate Authorities and to file replies,

affidavits and written statements/arguments/ submissions before the
Appellate Authorities, various courts and forums.

(viii) To suggest final action on the proposals for legal action submitted by the Law
Officer/s /Asstt.Law Officer/s, received from the Regional Officers/Sub-Regional Officers.

(ix) To take part in personal hearing extended to the industries,

complainants and to write points of discussions.

(x) To do all other legal work entrusted to them by the Board.

(xi) To look after legal issues pertaining to the Establishment Branch and other branches.

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Law officer:

Job-Specifications: His prime duty is to ensure that pollution control activity of the Board conforms
to the provisions of the pollution control Acts. His important duty would consist of interpretation
of the various provisions of the pollution control Acts. Suggest amendments thereto, advise the
Member Secretary / Chairman/ Board / Government on legal matters arising out of practicing of the
laws concerned to file suits in Law courts, to brief the Government pleaders, to defend the suits
filed by the Board, to compile case law on the subject of pollution control. Besides, he will have to
perform such other duties as may be assigned

to him by his superiors.

Asst. Law officer

To act, appear and plead on behalf of MPCB before various

judicial/Quasijudicial Forums.

Drafting of notices, affidavits, complaints, applications, written

statements, petition and other legal documents.

To give legal opinion.

Board Meeting and other committee Meetings.

To Brief senior counsels in important matters.

Provide assistance to technical officers while adducing evidence

before courts. Examine establishment / service matters.

Technical Section

Joint Director (Water Pollution Control):

Job Specification: - He / She shall be principal technical and executive officer

for the implementation of the air / water pollution control Acts and the policies
framed by the Board there under towards prevention, control and abatement
of air / water pollution in the State of Maharashtra.

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His / her main duty will consist of investigating into the problems of air / water pollution
in the State from all angles and to suggest corrective measures thereto within the frame
work of legislation on the subject. He / she will also carry out the normal duties of the
head of the office administratively, financially, technically and legally. In addition to that

Enforcement of Water Act and Rules made here under.

Water Quality improvement Action Plans and related issues, River

Action Plans. RRZ Issues.

Data updation of SWMP/NWMP

Stations. Sand Dredging.

Consent Management / CREP Management of Agro based industries.

CETP, STP and WTP matters and development of IT based system/

online monitoring (Water).

Any other works which division is currently handling.

Consent categorization committee co-ordination

Public Hearing.

Co-ordination of Chandrapur and Kolhapur Region

Regional Officer

Job-Specifications: He shall be responsible for enforcement of Water & Air

(Prevention and Control of Pollution) Acts, within his jurisdiction.

His duties shall consist of

Collection of hydrological data of river courses.

Details of various polluting agencies.

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 Establishing and operating monitoring points so as to prepare Water
Pollution survey reports,

Scrutiny of applications for consents and making recommendations to the

Board Office. It will his principal responsibility to maintain the waters in his
jurisdiction as per the standards as may be prescribed by the Board.

He shall also be responsible for the smooth working of the Sub-Regional

Officers, Field Officers and Field Laboratories, if any, under his control.

He shall also be the controlling Officer / Regional Head, for the purpose of
administrative, technical and financial powers as may be delegated to him.

He will also carry out such duties as may be assigned to him by his superiors.

Sub-Regional Officer:

Job-Specification:- He shall be responsible for carrying out field work in the matter of
collection of hydra logical date of river courses / ambient / air data, details of various
polluting agencies and establishing monitoring stations, sampling, site inspections, and
visits to factories and other polluting agencies, and preparing reports on the extent and
gravity of pollution of river basins / Ambient air in his jurisdiction.

He will be responsible for making first hand scrutiny of applications for

consents and recommending them to his superiors.

He will also be the controlling officer for the purpose of administrative, technical and
financial powers as may be delegated to him within his jurisdiction.

He will also carry out such other duties as may be assigned to him by his superiors.

Field Officer:

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Job Specifications: - His main duty will be to know the Topography, to
collect the hydrological Data / Air Quality Data.

He shall arrange to collect samples from the sampling and the monitoring
points fixed by his superiors.

He would make prima-facie scrutiny of applications of consent and carry out

such other duties as may be assigned to him by his superiors.

Scientific Section:

Principal Scientific Officer:-

Management of Central Laboratory and all Regional Laboratories.

Updation and standardization of all laboratories as CPCB/ MoEF guidelines.

Enforcement/ Authorization/ Consent Management of BMW Rules.

Action plan for proper enforcement of BMW Rules and Action Plan for
improvement of CBMWTSDF/ Adviser/ UNIDO Project.

Zoning Atlas.

Environment Development Plan/ Eco Villages etc.

Any other works which division is currently handling.

Co-ordination of Nashik, Kalyan and Raigad Region

Sr. Scientific Officer:

Job Specification: He will be in-charge of the laboratory committed to his

charge. He will be responsible for developing and standardizing various tests
in relation to analysis of samples of water, waste water.

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He will be required to study the unit processes adopted by various types of industries and
interoperate analytical results. He will have to develop instrumental methods of analysis
and to assist the Board in the matters of purchasing, inspection, stock verification,
budgeting for the laboratory equipment, chemicals glass-wares etc.

He shall also perform such other duties as may be assigned to him by his superiors.

Scientific Officer:

Over-all supervision over total analytical activity.

Procurement of laboratory equipments by following prescribed procedures.

Proper maintenance of indigenous and imported laboratory instruments.

Keeping himself abreast with modern advancements in Analytical

Science. To control and manage the working of Regional Laboratories.

To plan and execute monitoring work with the aid and assistance of
Mobile Monitoring Vans.

Guided by the analytical results, to prepare river wise/ stream wise area
wise Environmental Impact Assessment Studies/reports/profile.

To conduct special surveys for Auto-Exhausts, Noise Pollution, and

other Environmental Pollutants.

He will also required to carry out such other duties as may be assigned
to him by his superiors from time to time.

Statistical Division –

Statistical Officer:

Job Specification: - His duties and responsibilities shall consist of the following:-

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 To introduce and develop the sound system of building up of statistics
under all activities of the Board.

To prescribe forms and calendar of returns for various purposes.

To collect, dissect, compile and rearrange the Statistical data according

to different needs of the Board.

To circulate the Statistical data to all the subordinate offices of the Board.

To have published the data in a telling manner in different media of publicity.

To institute ‘Time’, ‘Motion’ studies and suggest norms of works.

To institute organization and Methods study and apply it to the activity under the Board.
To attempt costing of activity under the Board and to establish cost-benefit ratio

wherever necessary.

To prepare graphical charts and develop other methods of illustrative

elucidation of information required by the Board.

To perform such other duty, as may be assigned to the post by the superiors.

Environment Information Centre (EIC) SECTION

The EIC is assigned the job of Website Management, Consent Management

and Computerization.

Website Management: - MPCB’s Website is daily updated and maintained by EIC.

MPCB. Website’s onsite maintenance and development of various Web based

software is taken care.

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Consent Management: - All the Consent applications are in warded at respective
Regional / Sub Regional Offices with the help of specially designed web based
software. EIC updates daily consent applications clearance from Member Secretary.
This facilitates easy web-based access to the detailed list of Consent granted,
consent pending and consent refusal displayed daily on MPCB’ Website.

Computerization:- All sorts of Software management and LAN networking

implementation and maintenance is taken care by EIC.

Establishment Section:

Sr. Administrative Officer:-

He is overall in charge of Establishment Section

Administrative Officer:

Job-Specifications: - His duties and responsibilities will consist of the following:

To estimate the man-power planning for the Board.

To propose creation of additional pots with full justification.

To propose the recruitment rules and job-specifications for all posts under the Board.
To carryout periodical administrative inspections of the subordinate offices of the

Board.

To carry out disciplinary proceedings wherever necessary.

To plan the recruitment programmed and to fill up the vacant posts, by

following the attendant procedures.

To look after the various service matters.

To arrange for training programmed in respect of Board personnel.

To investigate and report in the matters of pilferage, damage, thefts, sabotage etc.
To carry out any other function as may be assigned to this post by his superiors.

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Asstt. Secretary:

Job-Specifications: - His duties and responsibilities will comprise of the

Following:-

To manage all the meeting work of the Board such as convening

meetings, preparing agenda, minutes and watching follow-up actions.

To maintain liaison between the Board office and Mantralaya and other Government
offices and pursue Board’s proposals vigorously by personal contacts.

To prepare Annual Reports of the Board and all follow-up work connected therewith. To
deal with tour programme of Member Secretary / Chairman / Members by road /rail

/ air.
To supply information to all other State Boards and outside agencies on various matters. To
arrange film shows as and when on pollution control subjects are offered by U.S.I.S.

/ British High Commission etc.

To perform such other duties as may be assigned to this post by the superiors.

Overall administration of the Board. Application of recruitment rules, Maharashtra

Civil Service Rules. Transfers and Promotion of the Board employees etc.

Accounts Section:

Chief Account Officers:

Job-Specifications: - His main duties and responsibilities will consist of the

Following:

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 To frame budget estimate of the Board and to forward them to the State
Government for sanctioning Grant-in-aid to the Board.

To call for grant-in-aid in suitable installments according to the financial

requirements of the Board.

To invest part of the Grant, surplus to immediate needs, in a

remunerative mode of investment.

To ensure safe-custody of hard cash and other securities of the Board, if any.

To compile periodical and annual accounts of the Board, to place them before the Board for
adoption and to forward them to the State Governments as required under the Act.

To attend to the Statutory Audit Party, and to ensure a clean audit

report, as far as possible.

To function also as Internal Audit Officer and financial Advisor to the

Board. To act as drawing and disbursing Officer of the Board.

To act as a collecting Authority under the Cess Act, 1977.

To generally supervise over the Accounts Wing of the Board and to give
a good account of this vital wing of the Board.

To arrange the Annual Inspections of subordinate offices of the Board

and physical verification of stock held by them.

To arrange the utilization certificates of Board fund.

To arrange the training to the staff of the Board.

To give interpretation / opinion regarding financial / Establishment and other matters.

To carry out such other functions as may be entrusted to him by his superiors.

Financial accounts, Budget, Cess assessment and collection,

employee’s salary and other related function.

Account Officers (Accounts & Audit):

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 Responsible for the smooth running of Accounts & Audit Wing of
the Accounts Section.

To accept and pass the bills for salary & T.A. bills (without limts),
other bills etc. To maintain the day-to-day accounts of the Board.

To ensure safe custody of cash and other securities, valuables of the Board.

To compile receipts/ expenditure with related information and Accounts

periodically. To comply the requirements of internal and / or statutory Audit.

To perform such other duties entrusted by the authorities.

Account Officers (Budget & Inspection):

Responsible for the smooth working of the Budget and Inspection

Wing in the Accounts Section.

To prepare the budget of the Board.

To prepare proposals to borrow money from approved sources by way

of loans or issue of bonds, debentures, etc.

To prepare proposalsfor obtaining grant-in-aid/financial

assistance from

State/Central Government.

The annual inspections and physical verification of stock of the

subordinate offices of the Board.

The work related to issue of utilization certificate wherever required.

To deal with the schemes regarding C.P.F., Medical Reimbursement, Gratuity,

Conveyance, H.B.A. etc. and maintain the records and watch the recoveries thereof.

To perform such other duties as may be assigned by the superiors.

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Executive Engineer:-

To look after all estates, buildings, office premises of the Board in Maharashra State.

Role of SPCB in implementation of various notifications issued by

Central Govt. under Environment (Protection) Act, 1986

1.0 The Public Hearing shall be arranged in a systematic, time bound and transparent
manner ensuring widest possible public participation at the project site(s) or in its
close proximity District -wise, by the concerned State Pollution Control Board (SPCB)
or the Union Territory Pollution Control Committee (UTPCC).

2. 0 The Process:

2.1 The Applicant shall make a request through a simple letter to the Member Secretary of the SPCB
or Union Territory Pollution Control Committee, in whose jurisdiction the project is located, to
arrange the public hearing within the prescribed statutory period. In case the project site is extending
beyond a State or Union Territory, the public hearing is mandated in each State or Union Territory in
which the project is sited and the Applicant shall make separate requests to each concerned SPCB
or UTPCC for holding the public hearing as per this procedure.

2.2 The Applicant shall enclose with the letter of request, at least 10 hard copies and an
equivalent number of soft (electronic) copies of the draft EIA Report with the generic
structure given in Appendix III including the Summary Environment Impact Assessment
report in English and in the local language, prepared strictly in accordance with the Terms
of Reference communicated after Scoping (Stage-2). Simultaneously the applicant shall
arrange to forward copies, one hard and one soft, of the above draft EIA Report along with
the Summary EIA report to the Ministry of Environment and Forests and to the following
authorities or offices, within whose jurisdiction the project will be located:

a District Magistrate/s

b Zila Parishad or Municipal Corporation

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 District Industries Office

Concerned Regional Office of the Ministry of Environment and Forests

2.3 On receiving the draft Environmental Impact Assessment report, the above-mentioned
authorities except the MoEF, shall arrange to widely publicize it within their respective
jurisdictions requesting the interested persons to send their comments to the concerned
regulatory authorities. They shall also make available the draft EIA Report for inspection
electronically or otherwise to the public during normal office hours till the Public Hearing is
over. The Ministry of Environment and Forests shall promptly display the Summary of the draft
Environmental Impact Assessment report on its website, and also make the full draft EIA
available for reference at a notified place during normal office hours in the Ministry at Delhi.

2.4 The SPCB or UTPCC concerned shall also make similar arrangements for giving publicity
about the project within the State/Union Territory and make available the Summary of the draft
Environmental Impact Assessment report (Appendix III A) for inspection in select offices or
public libraries or panchayats etc. They shall also additionally make available a copy of the
draft Environmental Impact Assessment report to the above five authorities/offices viz, Ministry
of Environment and Forests, District Magistrate etc.

3.0 Notice of Public Hearing:

3.1 The Member-Secretary of the concerned SPCB or UTPCC shall finalize the date, time and
exact venue for the conduct of public hearing within 7(seven) days of the date of receipt of the
draft Environmental Impact Assessment report from the project proponent, and advertise the
same in one major National Daily and one Regional vernacular Daily. A minimum notice period
of 30(thirty) days shall be provided to the public for furnishing their responses;

3.2 The advertisement shall also inform the public about the places or offices where
the public could access the draft Environmental Impact Assessment report and the
Summary Environmental Impact Assessment report before the public hearing.

3.3 No postponement of the date, time, venue of the public hearing shall be undertaken, unless
some untoward emergency situation occurs and only on the recommendation of the concerned
District Magistrate the postponement shall be notified to the public through the same National
and Regional vernacular dailies and also prominently displayed at all the identified offices by
the concerned SPCB or Union Territory Pollution Control Committee;

3.4 In the above exceptional circumstances fresh date, time and venue for the
public consultation shall be decided by the Member –Secretary of the

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concerned SPCB or UTPCC only in consultation with the District Magistrate
and notified afresh as per procedure under 3.1 above.

4.0 The Panel

4.1 The District Magistrate or his or her representative not below the rank of an
Additional District Magistrate assisted by a representative of SPCB or UTPCC,
shall supervise and preside over the entire public hearing process.

5.0 Videography

5.1 The SPCB or UTPCC shall arrange to video film the entire proceedings. A
copy of the videotape or a CD shall be enclosed with the public hearing
proceedings while forwarding it to the Regulatory Authority concerned.

6.0 Proceedings

6.1 The attendance of all those who are present at the venue shall be noted and
annexed with the final proceedings.

6.2 There shall be no quorum required for attendance for starting the proceedings.

6.3 A representative of the applicant shall initiate the proceedings with a

presentation on the project and the Summary EIA report.

6.4 Every person present at the venue shall be granted the opportunity to seek information
or clarifications on the project from the Applicant. The summary of the public hearing
proceedings accurately reflecting all the views and concerns expressed shall be recorded
by the representative of the SPCB or UTPCC and read over to the audience at the end of
the proceedings explaining the contents in the vernacular language and the agreed
minutes shall be signed by the District Magistrate or his or her representative on the same
day and forwarded to the SPCB/UTPCC concerned.

6.5 A Statement of the issues raised by the public and the comments of the Applicant shall also
be prepared in the local language and in English and annexed to the proceedings:

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6.6 The proceedings of the public hearing shall be conspicuously displayed at the office of the
Panchyats within whose jurisdiction the project is located, office of the concerned Zila Parishad,
District Magistrate ,and the SPCB or UTPCC . The SPCB or UTPCC shall also display the proceedings
on its website for general information. Comments, if any, on the proceedings which may be sent
directly to the concerned regulatory authorities and the Applicant concerned.

7.0 Time period for completion of public hearing

7.1 The public hearing shall be completed within a period of 45 (forty five) days from date of receipt
of the request letter from the Applicant. Therefore the SPCB or UTPCC concerned shall sent the
public hearing proceedings to the concerned regulatory authority within 8(eight) days of the
completion of the public hearing .The applicant may also directly forward a copy of the approved
public hearing proceedings to the regulatory authority concerned along with the

final Environmental Impact Assessment report or supplementary report to the

draft EIA report prepared after the public hearing and public consultations.

7.2 If the SPCB or UTPCC fails to hold the public hearing within the stipulated 45(forty five)
days, the Central Government in Ministry of Environment and Forests for Category ‘A’ project
or activity and the State Government or Union Territory Administration for Category ‘B’ project
or activity at the request of the SEIAA, shall engage any other agency or authority to complete
the process, as per procedure laid down in this notification.

Hazardous waste (Management and Handling)

Rules, 1989 Handling

(1) Hazardous wastes shall be collected, treated, stored and disposed of only
in such facilities as may be authorised for this purpose.

(2) Every occupier generating hazardous wastes and having a facility for collection, reception,
treatment, transport storage and disposal of such wastes shall make an application in Form 1 to the
State Pollution Control Board for the grant of authorisation for any of the above activities:

Provided that the occupier not having a facility for the collection, reception, treatment,
transport, storage and disposal of hazardous wastes shall make an application to the State
Pollution Control Board in Form 1 for the grant of authorisation within a period of six
months from the date of commencement of these rules.

(3) Any person who intends to be an operator of a facility for the collection,
reception, treatment, transport, storage and disposal of hazardous wastes,
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shall make an application in Form 1 to the State Pollution Control Board for
the grant of authorisation for any of the above activities:

Provided that the operator engaged in the business of the collection, reception, treatment,
transport, storage and disposal of hazardous wastes shall make an application to the State
Pollution control Board in Form 1 for the grant of authorisation within a period of six
months from the date of commencement of these rules.

(4) The State Pollution Control Board shall not issue an authorisation unless it is satisfied that
the operator of a facility or an occupier, as the case may be, possesses appropriate facilities,
technical capabilities and equipment to handle hazardous wastes safely.

(5) The authorisation to operate a facility shall be issued in Form 2 and shall
be subject to conditions laid down therein.

(6)(i) An authorisation granted under this rule shall unless sooner suspended or cancelled,
be in force for a period of two years from the date of issue or from the date of renewal.

b An application for the renewal of an authorisation shall be made in Form lr before its expiry.

c The authorisation shall continue to be in force until it is renewed or revoked.

(7) The State Pollution Control Board, may, after giving reasonable
opportunity of being heard to the applicant refuse to grant any authorisation.

Bio-Medical Waste (M & H) Rules, 2016

Whereas the Bio-Medical Waste (Management and Handling) Rules, 1998 was published
vide notification number S.O. 630 (E) dated the 20th July, 1998, by the Government of
India in the erstwhile Ministry of Environment and Forests, provided a regulatory frame
work for management of bio-medical waste generated in the country; And whereas, to
implement these rules more effectively and to improve the collection, segregation,
processing, treatment and disposal of these bio-medical wastes in an environmentally
sound management thereby, reducing the bio- medical waste generation and its impact
on the environment, the Central Government reviewed the existing rules;

And whereas, in exercise of the powers conferred by sections 6, 8 and 25 of the

Environment (Protection) Act, 1986 (29 of 1986), the Central Government published the
draft rules in the Gazette vide number G.S.R. 450 (E), dated the 3rd June, 2015 inviting
objections or suggestions from the public within sixty days from the date on which copies
of the Gazette containing the said notification were made available to the public;

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And whereas, the copies of the Gazette containing the said draft rules were
made available to the public on the 3rd June, 2015;

And whereas, the objections or comments received within the specified period from the public in
respect of the said draft rules have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 6, 8 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), and in supersession of the Bio-Medical Waste (Management and
Handling) Rules, 1998, except as respects things done or omitted to be done before such
suppression, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement.-

(1) These rules may be called the Bio-Medical Waste Management Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application.-

(8) These rules shall apply to all persons who generate, collect, receive, store, transport, treat,
dispose, or handle bio medical waste in any form including hospitals, nursing homes, clinics,
dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks,
ayush hospitals, clinical establishments, research or educational institutions, health camps,
medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of
schools, forensic laboratories and research labs.

(9) These rules shall not apply to,-

(10) Radioactive wastes as covered under the provisions of the Atomic

Energy Act, 1962(33 of 1962) and the rules made there under;
(11)

(b) Hazardous chemicals covered under the Manufacture, Storage and Import
of Hazardous Chemicals Rules, 1989 made under the Act;

(c) Solid wastes covered under the Municipal Solid Waste (Management and
Handling) Rules, 2000 made under the Act;

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(d) The lead acid batteries covered under the Batteries (Management and
Handling) Rules, 2001 made under the Act;

(e) hazardous wastes covered under the Hazardous Wastes (Management,

Handling and Transboundary Movement) Rules, 2008 made under the Act;

(f) Waste covered under the e-Waste (Management and Handling) Rules, 2011
made under the Act; and

(g) Hazardous microorganisms, genetically engineered microorganisms and cells covered

under the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms,
Genetically Engineered Microorganisms or Cells Rules, 1989 made under the Act.

(iii) Definitions.- In these rules, unless the context otherwise requires, -

(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986)

(b) "Animal house" means a place where animals are reared or kept for the
purpose of experiments or testing;

(c) "authorization" means permission granted by the prescribed authority for the generation,
collection, reception, storage, transportation, treatment, processing, disposal or any other
form of handling of bio-medical waste in accordance with these rules and guidelines issued by
the Central Government or Central Pollution Control Board as the case may be;

(d) "authorized person" means an occupier or operator authorised by the prescribed

authority to generate, collect, receive, store, transport, treat, process, dispose or handle
bio-medical waste in accordance with these rules and the guidelines issued by the Central
Government or the Central Pollution Control Board, as the case may be;

(e) "biological" means any preparation made from organisms or micro-organisms or

product of metabolism and biochemical reactions intended for use in the

diagnosis, immunisation or the treatment of human beings or animals or in
research activities pertaining thereto;

(f)"bio-medical waste" means any waste, which is generated during the diagnosis,
treatment or immunisation of human beings or animals or research activities
pertaining thereto or in the production or testing of biological or in health camps,
including the categories mentioned in Schedule I appended to these rules;

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(7) "bio-medical waste treatment and disposal facility" means any facility wherein treatment,
disposal of bio-medical waste or processes incidental to such treatment and disposal is carried

out, and includes common bio-medical waste treatment

facilities; (h) “Form” means the Form appended to these rules;

(i) “handling” in relation to bio-medical waste includes the generation, sorting,

segregation, collection, use, storage, packaging, loading, transportation, unloading,

processing, treatment, destruction, conversion, or offering for sale, transfer,

disposal of such waste;

x “Health care facility” means a place where diagnosis, treatment or

immunization of human beings or animals is provided irrespective of type and
size of health treatment system, and research activity pertaining thereto;

xi “major accident” means accident occurring while handling of bio-medical waste

having potential to affect large masses of public and includes toppling of the truck
carrying bio-medical waste, accidental release of bio-medical waste in any water body
but exclude accidents like needle prick injuries, mercury spills;

xii “Management” includes all steps required to ensure that bio- medical
waste is managed in such a manner as to protect health and environment
against any adverse effects due to handling of such waste;

(m) "occupier" means a person having administrative control over the institution and
the premises generating bio-medical waste, which includes a hospital, nursing home,
clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood
bank, health care facility and clinical establishment, irrespective of their system of
medicine and by whatever name they are called;

(14) "operator of a common bio-medical waste treatment facility" means

a person who owns or controls a Common Bio-medical Waste Treatment
Facility (CBMWTF) for the collection, reception, storage, transport, treatment,
disposal or any other form of handling of bio-medical waste;

(15) “Prescribed authority” means the State Pollution Control Board in

respect of a State and Pollution Control Committees in respect of an Union
territory;

(16) "Schedule" means the Schedule appended to these rules.

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(4) Duties of the Occupier.- It shall be the duty of every occupier to-

(a) Take all necessary steps to ensure that bio-medical waste is handled without any
adverse effect to human health and the environment and in accordance with these rules;

(b) make a provision within the premises for a safe, ventilated and secured location for storage of
segregated biomedical waste in colored bags or containers in the manner as specified in

Schedule I, to ensure that there shall be no secondary handling, pilferage of recyclables

or inadvertent scattering or spillage by animals and the bio-medical waste from such place
or premises shall be directly transported in the manner as prescribed in these rules to the
common bio-medical waste treatment facility or for the appropriate treatment and
disposal, as the case may be, in the manner as prescribed in Schedule I;

(3) pre-treat the laboratory waste, microbiological waste, blood samples and blood bags
through disinfection or sterilisation on-site in the manner as prescribed by the World Health
Organisation (WHO) or National AIDs Control Organisation (NACO) guidelines and
then sent to the common bio-medical waste treatment facility for final disposal;

iv Phase out use of chlorinated plastic bags, gloves and blood bags within
two years from the date of notification of these rules;

(e) dispose of solid waste other than bio-medical waste in accordance with the
provisions of respective waste management rules made under the relevant
laws and amended from time to time;

(6) Not to give treated bio-medical waste with municipal solid waste;

(g) provide training to all its health care workers and others, involved in handling of bio
medical waste at the time of induction and thereafter at least once every year and the
details of training programmes conducted, number of personnel trained and number of
personnel not undergone any training shall be provided in the Annual Report;

immunise all its health care workers and others, involved in handling of bio-
medical waste for protection against diseases including Hepatitis B and Tetanus that
are likely to be transmitted by handling of bio-medical waste, in the manner as
prescribed in the National Immunisation Policy or the guidelines of the Ministry of
Health and Family Welfare issued from time to time;

(i)Establish a Bar- Code System for bags or containers containing bio-medical

waste to be sent out of the premises or place for any purpose within one year
from the date of the notification of these rules;

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(10) Ensure segregation of liquid chemical waste at source and ensure pre-treatment or
neutralisation prior to mixing with other effluent generated from health care facilities;

(k) Ensure treatment and disposal of liquid waste in accordance with the Water
(Prevention and Control of Pollution) Act, 1974 ( 6 of 1974); ensure occupational safety
of all its health care workers and others involved in handling of bio- medical waste by
providing appropriate and adequate personal protective equipments;

(13) conduct health check up at the time of induction and at least once in
a year for all its health care workers and others involved in handling of bio-
medical waste and maintain the records for the same;

(14) Maintain and update on day to day basis the bio-medical waste management
register and display the monthly record on its website according to the bio-medical
waste generated in terms of category and colour coding as specified in Schedule I;

(15) Report major accidents including accidents caused by fire hazards, blasts during handling of
bio- medical waste and the remedial action taken and the records relevant thereto, (including nil
report) in Form I to the prescribed authority and also along with the annual report;

(16) Make available the annual report on its web-site and all the health care
facilities shall make own website within two years from the date of notification of
these rules;

(17) Inform the prescribed authority immediately in case the operator of a facility does
not collect the bio-medical waste within the intended time or as per the agreed time;

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 Environmental Legislation and Management System

(r)establish a system to review and monitor the activities related to bio-medical waste
management, either through an existing committee or by forming a new committee and
the Committee shall meet once in every six months and the record of the minutes of the
meetings of this committee shall be submitted along with the annual report to the
prescribed authority and the healthcare establishments having less than thirty beds shall
designate a qualified person to review and monitor the activities relating to bio-medical
waste management within that establishment and submit the annual report;

(xix) Maintain all record for operation of incineration, hydro or

autoclaving etc., for a period of five years;

(xx) Existing incinerators to achieve the standards for treatment and disposal of
bio-medical waste as specified in Schedule II for retention time in secondary chamber
and Dioxin and Furans within two years from the date of this notification.

(5) Duties of the operator of a common bio-medical waste treatment and

disposal facility.-It shall be the duty of every operator to -

(a) take all necessary steps to ensure that the bio-medical waste collected from the
occupier is transported, handled, stored, treated and disposed of, without any adverse
effect to the human health and the environment, in accordance with these rules and
guidelines issued by the Central Government or, as the case may be, the central pollution
control board from time to time;

(b) Ensure timely collection of bio-medical waste from the occupier as

prescribed under these rules;

(c) Establish bar coding and global positioning system for handling of bio-
medical waste within one year;

(d) Inform the prescribed authority immediately regarding the occupiers which are
not handing over the segregated bio-medical waste in accordance with these rules;

(e) Provide training for all its workers involved in handling of bio-medical
waste at the time of induction and at least once a year thereafter;

(f) Assist the occupier in training conducted by them for bio-medical waste management;

undertake appropriate medical examination at the time of induction and at least once in a year
and immunise all its workers involved in handling of bio-medical waste for protection against
127
diseases, including Hepatitis B and Tetanus, that are likely to be transmitted while handling
bio-medical waste and maintain the records for the same;

(8) ensure occupational safety of all its workers involved in handling of bio-medical
waste by providing appropriate and adequate personal protective equipment;

(9) report major accidents including accidents caused by fire hazards, blasts during handling of
bio- medical waste and the remedial action taken and the records relevant thereto, (including nil report)
in Form I to the prescribed authority and also along with the annual report;

1 maintain a log book for each of its treatment equipment according to

weight of batch; categories of waste treated; time, date and duration of treatment
cycle and total hours of operation;

K. Allow occupier , who are giving waste for treatment to the operator, to
see whether the treatment is carried out as per the rules;

L. Shall display details of authorisation, treatment, and annual report etc. on its web-site;

M. after ensuring treatment by autoclaving or microwaving followed by mutilation or shredding,

whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and
glass, shall be given to recyclers having valid consent or authorisation or registration from the
respective State Pollution Control Board or Pollution Control Committee;

N. Supply non-chlorinated plastic colored bags to the occupier on

chargeable basis, if required;

O. common bio-medical waste treatment facility shall ensure collection of

biomedical waste on holidays also;

P. Maintain all record for operation of incineration, hydro or autoclaving for

a period of five years; and

Q. Upgrade existing incinerators to achieve the standards for retention time in secondary
chamber and Dioxin and Furans within two years from the date of this notification.

(6) Duties of authorities.-The Authority specified in column (2) of Schedule-III

shall perform the duties as specified in column (3) thereof in accordance with the
provisions of these rules.

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(7) Treatment and disposal.-

(a) Bio-medical waste shall be treated and disposed of in accordance with

Schedule I, and in compliance with the standards provided in Schedule-II by the
health care facilities and common bio-medical waste treatment facility.

(b) Occupier shall hand over segregated waste as per the Schedule-I to common
bio-medical waste treatment facility for treatment, processing and final disposal:

Provided that the lab and highly infectious bio-medical waste generated
shall be pre-treated by equipment like autoclave or microwave.

No occupier shall establish on-site treatment and disposal facility, if a service of `common
bio- medical waste treatment facility is available at a distance of seventy-five kilometer.

In cases where service of the common bio-medical waste treatment facility is not
available, the Occupiers shall set up requisite biomedical waste treatment equipment like
incinerator, autoclave or microwave, shredder prior to commencement of its operation, as
per the authorisation given by the prescribed authority.

(e) Any person including an occupier or operator of a common bio medical

waste treatment facility, intending to use new technologies for treatment of bio
medical waste other than those listed in Schedule I shall request the Central
Government for laying down the standards or operating parameters.

(f) On receipt of a request referred to in sub-rule (5), the Central Government

may determine the standards and operating parameters for new technology which
may be published in Gazette by the Central Government.

(g) Every operator of common bio-medical waste treatment facility shall set up requisite
biomedical waste treatment equipments like incinerator, autoclave or microwave, shredder and
effluent treatment plant as a part of treatment, prior to commencement of its operation.

(h) Every occupier shall phase out use of non-chlorinated plastic bags within two years from the
date of publication of these rules and after two years from such publication of these rules, the chlorinated
plastic bags shall not be used for storing and transporting of bio-medical waste and the occupier or
operator of a common bio-medical waste treatment facility shall not dispose of such plastics by
incineration and the bags used for storing and transporting biomedical waste shall be in compliance with
the Bureau of Indian Standards. Till the Standards are published, the carry bags shall be as per the Plastic
Waste Management Rules, 2011.

(i) After ensuring treatment by autoclaving or microwaving followed by mutilation or

shredding, whichever is applicable, the recyclables from the treated bio-medical wastes
such as plastics and glass shall be given to such recyclers having valid authorisation or
registration from the respective prescribed authority.

129
(j) The Occupier or Operator of a common bio-medical waste treatment facility shall
maintain a record of recyclable wastes referred to in sub-rule (9) which are auctioned or sold
and the same shall be submitted to the prescribed authority as part of its annual report. The
record shall be open for inspection by the prescribed authorities.

(11)The handling and disposal of all the mercury waste and lead waste shall
be in accordance with the respective rules and regulations.

8 Segregation, packaging, transportation and storage.-

A. No untreated bio-medical waste shall be mixed with other wastes.

B. The bio-medical waste shall be segregated into containers or bags at the point of generation
in accordance with Schedule I prior to its storage, transportation, treatment and disposal.

C. The containers or bags referred to in sub-rule (2) shall be labeled as specified in Schedule

IV.

D. Bar code and global positioning system shall be added by the Occupier
and common bio-medical waste treatment facility in one year time.

E. The operator of common bio-medical waste treatment facility shall transport the bio-
medical waste from the premises of an occupier to any off-site bio-medical waste treatment

facility only in the vehicles having label as provided in part ‘A’ of the Schedule IV
along with necessary information as specified in part ‘B’ of the Schedule IV.

6 The vehicles used for transportation of bio-medical waste shall comply with the
conditions if any stipulated by the State Pollution Control Board or Pollution Control
Committee in addition to the requirement contained in the Motor Vehicles Act, 1988 (59 of 1988),
if any or the rules made there under for transportation of such infectious waste.

(7)Untreated human anatomical waste, animal anatomical waste, soiled waste and,
biotechnology waste shall not be stored beyond a period of forty –eight hours:

Provided that in case for any reason it becomes necessary to store such waste beyond
such a period, the occupier shall take appropriate measures to ensure that the waste
does not adversely affect human health and the environment and inform the
prescribed authority along with the reasons for doing so.

130
(8) Microbiology waste and all other clinical laboratory waste shall be pre-treated by
sterilisation to Log 6 or disinfection to Log 4, as per the World Health Organisation guidelines before
packing and sending to the common bio-medical waste treatment facility.

9. Prescribed authority.-

A. The prescribed authority for implementation of the provisions of these

rules shall be the State Pollution Control Boards in respect of States and
Pollution Control Committees in respect of Union territories.

B. The prescribed authority for enforcement of the provisions of these rules in respect of all health
care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary
institutions, animal houses, pathological laboratories and blood banks of the Armed Forces under
the Ministry of Defence shall be the Director General, Armed Forces Medical Services, who shall
function under the supervision and control of the Ministry of Defence.

The prescribed authorities shall comply with the responsibilities as

stipulated in Schedule III of these rules.

(j) Procedure for authorisation.-Every occupier or operator handling bio-medical waste,

irrespective of the quantity shall make an application in Form II to the prescribed authority i.e. State
Pollution Control Board and Pollution Control Committee, as the case may be, for grant of
authorisation and the prescribed authority shall grant the provisional authorisation in Form III and
the validity of such authorisation for bedded health care facility and operator of a common facility
shall be synchronised with the validity of the consents.

(1) The authorisation shall be one time for non-bedded occupiers and the
authorisation in such cases shall be deemed to have been granted, if not objected by the
prescribed authority within a period of ninety days from the date of receipt of duly
completed application along with such necessary documents.

In case of refusal of renewal, cancellation or suspension of the authorisation by

the prescribed authority, the reasons shall be recorded in writing:

Provided that the prescribed authority shall give an opportunity of being

heard to the applicant before such refusal of the authorisation.

(3) Every application for authorisation shall be disposed of by the prescribed

authority within a period of ninety days from the date of receipt of duly completed

131
application along with such necessary documents, failing which it shall be deemed
that the authorisation is granted under these rules.

(4) In case of any change in the bio-medical waste generation, handling, treatment and
disposal for which authorisation was earlier granted, the occupier or operator shall intimate to
the prescribed authority about the change or variation in the activity and shall submit a fresh
application in Form II for modification of the conditions of authorisation.

(11) Advisory Committee.-

Every State Government or Union territory Administration shall constitute an Advisory

Committee for the respective State or Union territory under the chairmanship of the respective
health secretary to oversee the implementation of the rules in the respective state and to advice
any improvements and the Advisory Committee shall include representatives from the
Departments of Health, Environment, Urban Development, Animal Husbandry and Veterinary
Sciences of that State Government or Union territory Administration, State Pollution Control
Board or Pollution Control Committee, urban local bodies or local bodies or Municipal
Corporation, representatives from Indian Medical Association, common bio-medical waste
treatment facility and non-governmental organisation.

Notwithstanding anything contained in sub-rule (1), the Ministry of Defence shall constitute the
Advisory Committee (Defence) under the chairmanship of Director General of Health

Services of Armed Forces consisting of representatives from the Ministry of Defence, Ministry
of Environment, Forest and Climate Change, Central Pollution Control Board, Ministry of Health
and Family Welfare, Armed Forces Medical College or Command Hospital.

(c) The Advisory Committee constituted under sub-rule (1) and (2) shall meet at least once
in six months and review all matters related to implementation of the provisions of these rules
in the State and Armed Forces Health Care Facilities, as the case may be.

(d) The Ministry of Health and Defence may co-opt representatives from the
other Governmental and non-governmental organisations having expertise in the
field of bio-medical waste management.

12. Monitoring of implementation of the rules in health care facilities.-

(a) The Ministry of Environment, Forest and Climate Change shall review the implementation of the
rules in the country once in a year through the State Health Secretaries and Chairmen or

132
 Member Secretary of State Pollution Control Boards and Central Pollution Control Board and
the Ministry may also invite experts in the field of bio-medical waste management, if required.

The Central Pollution Control Board shall monitor the implementation of these rules in
respect of all the Armed Forces health care establishments under the Ministry of Defence.

(3) The Centr al Po llution Control Board along with one or mor e r epr esent atives of th e Advisor y Com mittee con stituted under sub-rule ( 2) of rule 11, may insp ect an y Arm ed Fo rces

health care establishments after prior intimation to the Director General Armed
Forces Medical Services.

(iv) Every State Government or Union territory Administration shall constitute District
Level Monitoring Committee in the districts under the chairmanship of District Collector or
District Magistrate or Deputy Commissioner or Additional District Magistrate to monitor the
compliance of the provisions of these rules in the health care facilities generating bio-medical
waste and in the common bio-medical waste treatment and disposal facilities, where the bio-
medical waste is treated and disposed of.

(v) The District Level Monitoring Committee constituted under sub-rule (4) shall
submit its report once in six months to the State Advisory Committee and a copy thereof
shall also be forwarded to State Pollution Control Board or Pollution Control Committee
concerned for taking further necessary action.

(vi) The District Level Monitoring Committee shall comprise of District Medical Officer or
District Health Officer, representatives from State Pollution Control Board or Pollution Control
Committee, Public Health Engineering Department, local bodies or municipal corporation, Indian
Medical Association, common bio-medical waste treatment facility and registered non-
governmental organisations working in the field of bio-medical waste management and the
Committee may co-opt other members and experts, if necessary and the District Medical Officer
shall be the Member Secretary of this Committee.

13. Annual report.-

(a) Every occupier or operator of common bio-medical waste treatment facility shall submit an
annual report to the prescribed authority in Form-IV, on or before the 30th June of every year.

(b) The prescribed authority shall compile, review and analyse the information
received and send this information to the Central Pollution Control Board on or
before the 31st July of every year.

133
(c) The Central Pollution Control Board shall compile, review and analyse the information received
and send this information, along with its comments or suggestions or observations to the Ministry of
Environment, Forest and Climate Change on or before 31st August every year.

(d) The Annual Reports shall also be available online on the websites of Occupiers,
State Pollution Control Boards and Central Pollution Control Board.

14. Maintenance of records.-

(a) Every authorised person shall maintain records related to the generation,
collection, reception, storage, transportation, treatment, disposal or any other form of
handling of bio-medical waste, for a period of five years, in accordance with these rules
and guidelines issued by the Central Government or the Central Pollution Control Board
or the prescribed authority as the case may be.

(b) All records shall be subject to inspection and verification by the prescribed
authority or the Ministry of Environment, Forest and Climate Change at any time.

15. Accident reporting.-

(a) In case of any major accident at any institution or facility or any other site while
handling bio-medical waste, the authorised person shall intimate immediately to the
prescribed authority about such accident and forward a report within twenty-four hours
in writing regarding the remedial steps taken in Form I.

(b) Information regarding all other accidents and remedial steps taken shall be
provided in the annual report in accordance with rule 13 by the occupier.

Appeal.-

(1) Any person aggrieved by an order made by the prescribed authority under these
rules may, within a period of thirty days from the date on which the order is communicated
to him, prefer an appeal in Form V to the Secretary (Environment) of the State Government
or Union territory administration.

(2) Any person aggrieved by an order of the Director General Armed

Forces Medical Services under these rules may, within thirty days from the date
on which the order is communicated to him, prefer an appeal in Form V to the
Secretary, Ministry of Environment, Forest and Climate Change.
134
(3) The authority referred to in sub-para (1) and (2) as the case may be, may
entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that
the appellant was prevented by sufficient cause from filing the appeal in time.

(4) The appeal shall be disposed of within a period of ninety days from the date of its filing.

(17) Site for common bio-medical waste treatment and disposal facility.-

(1) Without prejudice to rule 5 of these rules, the department in the business
allocation of land assignment shall be responsible for providing suitable site for
setting up of common biomedical waste treatment and disposal facility in the
State Government or Union territory Administration.

(2) The selection of site for setting up of such facility shall be made in consultation with the
prescribed authority, other stakeholders and in accordance with guidelines published by the

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 Environmental Legislation and Management System

Ministry of Environment, Forest and Climate Change or Central Pollution Control Board.

(18) Liability of the occupier, operator of a facility.-

(a) The occupier or an operator of a common bio-medical waste treatment

facility shall be liable for all the damages caused to the environment or the public
due to improper handling of bio- medical wastes.

The occupier or operator of common bio-medical waste treatment facility shall be liable for
action under section 5 and section 15 of the Act, in case of any violation.

Category Type of Waste Type of Bag Treatment and Disposal

or Container options

to be used

(1) (2) (3) (4)

Yellow (a) Human Yellow Incineration or Plasma

Anatomical Waste: coloured Pyrolysis or deep

*
Human tissues, organs, non- burial

body parts and fetus chlorinated

below the viability period plastic bags

(as per the Medical

Termination of Pregnancy

Act 1971, amended from

time to time).

(b) Animal

136
Anatomical Waste :

Experimental animal

carcasses,body parts,

organs, tissues,

including the waste

generated from animals

used in experiments or

testing in veterinary

hospitals or colleges or

animal houses.

c) Soild Waste:
Incineration or Plasma

*
Items contaminated with Pyrolysis or deep burial

blood, body fluids like In absence of above

facilities, autoclaving or
dressings, plaster casts, micro-waving/ hydroclaving

cotton swabs and bags

25

137
 Environmental Legislation and Management System

containing residual or followed by shredding or

discarded blood and mutilation or combination

blood of sterilization and

shredding.

(d) Expired or Yellow Expired `cytotoxic drugs

Discarded Medicines: coloured and items contaminated

Pharmaceutical waste like with cytotoxic drugs to be

non-
antibiotics, cytotoxic returned back to the
chlorinated
drugs including all items manufacturer or supplier
plastic bags
contaminated with for incineration at
or containers

cytotoxic drugs along

0
temperature >1200 C or to

with glass or plastic

common bio-medical waste
ampoules, vials etc.
treatment facility or

hazardous waste treatment,

storage and disposal facility

0
for incineration at >1200 C

Or Encapsulation or

Plasma Pyrolysis at

0
>1200 C.

All other discarded

138
 medicines shall be either

sent back to manufacturer or

disposed by incineration.

(e) Chemical Waste: Yellow Disposed of by incineration

Chemicals used in coloured or Plasma

production of biological
containers or Pyrolysis or
and used or discarded
non- Encapsulation in
disinfectants.
chlorinated hazardous waste treatment,

storage and
plastic bags

Disposal facility.

(f) ChemicalLiquid Separate

After resource recovery,
Waste : the chemical liquid waste
collection Liquid
shall be pre-treated before
waste generated system

mixing with other

due to use of chemicals in leading to
wastewater. The combined
production of effluent discharge shall conform to
the discharge norms given
in Schedule- III.
biological and used or treatment
discarded disinfectants, system
Silver X-ray film

developing liquid,

26

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 Environmental Legislation and Management System

discarded Formalin,

infected secretions,

aspirated body fluids,

liquid from

laboratories and floor

washings, cleaning,

house-keeping and

disinfecting activities etc.

(g) Discarded linen, Non- Non- chlorinated chemical

hlorinated disinfection followed by

mattresses, beddings
incineration or Plazma
contaminated with blood yellow plastic
Pyrolysis or for energy
or body fluid. bags or
recovery.
suitable

acking In absence of above

material facilities, shredding or

mutilation or combination

of sterilization and

shredding. Treated waste

to be sent for energy

recovery or incineration or

Plazma Pyrolysis.

140
(8) Microbiology, Autoclave safe Pre-treat to sterilize

Biotechnology
andother clinical
laboratory waste:
plastic bags with non- chlorinated
chemicals on-site as per
National AIDS Control
or Organisation or World

Blood bags, Laboratory containers Health Organisation

guidelines thereafter
for Incineration.
cultures, stocks or
specimens of micro-
organisms, live or

attenuated vaccines,
human and animal cell
cultures used in research,
industrial laboratories,
production of biological,
residual toxins, dishes and
devices used for cultures.

Red Contaminated Waste

(Recyclable) Red coloured Autoclaving or micro-

waving/ hydroclaving
(a) Wastes generated followed by shredding or
non- mutilation or combination
from disposable items of sterilization

such as tubing, bottles, chlorinated

plastic bags

or containers

27

141
 Environmental Legislation and Management System

intravenous tubes and and shredding. Treated

sets, catheters, urine bags, waste to be sent to

syringes (without needles registered or authorized

and fixed needle syringes) recyclers or for energy

and vaccutainers with recovery or plastics to

their needles cut) and diesel or fuel oil or for road

gloves. making, whichever is

possible.

Plastic waste should not be

sent to landfill sites.

White Waste sharps including Puncture proof, Autoclaving or Dry Heat

(Transluce Metals: Leak Sterilization

nt) Needles, syringes with proof, followed by shredding or

fixed needles, needles tamper mutilation or encapsulation

from needle tip cutter or proof in metal container or

burner, scalpels, blades,

containers cement concrete;
or any other
combination of shredding
contaminated sharp object
cum autoclaving; and sent
that may cause puncture
for final disposal to iron
and cuts. This includes
foundries (having consent
both used, discarded and

142
 to operate from the
contaminated metal
State Pollution Control
sharps
Boards or Pollution Control

Committees) or sanitary

landfill or designated

concrete waste sharp pit.

Blue (a)Glassware: Broken or Cardboard Disinfection (by soaking

iscarded and boxes the washed glass waste

contaminated glass after cleaning with

with blue
including medicine vials detergent and Sodium
colored
and ampoules except Hypochlorite treatment) or
marking
those contaminated with through autoclaving or

cytotoxic wastes. microwaving or

hydroclaving and then

sent for recycling.

(b) Metallic Body Cardboard

boxes with
Implants
blue colored

marking

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 Environmental Legislation and Management System

*
Disposal by deep burial is permitted only in rural or remote areas where there is no
access to common bio-medical waste treatment facility. This will be carried out with prior
approval from the prescribed authority and as per the Standards specified in Schedule-
III. The deep burial facility shall be located as per the provisions and guidelines issued
by Central Pollution Control Board from time to time.

All plastic bags shall be as per BIS standards as and when published,
till then the prevailing Plastic Waste Management Rules shall be applicable.

Chemical treatment using at least 10% Sodium Hypochlorite having 30% residual
chlorine for twenty minutes or any other equivalent chemical reagent that should
demonstrate Log104 reduction efficiency for microorganisms as given in Schedule- III.

Mutilation or shredding must be to an extent to prevent unauthorized reuse.

There will be no chemical pretreatment before incineration, except for

microbiological, lab and highly infectious waste.

Incineration ash (ash from incineration of any bio-medical waste) shall

be disposed through hazardous waste treatment, storage and disposal
facility, if toxic or hazardous constituents are present beyond the prescribed
limits as given in the Hazardous Waste (Management, Handling and
Transboundary Movement) Rules, 2008 or as revised from time to time.

Dead Fetus below the viability period (as per the Medical Termination of Pregnancy Act 1971,
amended from time to time) can be considered as human anatomical waste. Such waste should be
handed over to the operator of common bio-medical waste treatment and disposal facility in yellow
bag with a copy of the official Medical Termination of Pregnancy certificate from the Obstetrician
or the Medical Superintendent of hospital or healthcare establishment.

Cytotoxic drug vials shall not be handed over to unauthorised person

under any circumstances.

These shall be sent back to the manufactures for necessary disposal at a single point.
As a second option, these may be sent for incineration at common bio-medical waste
treatment and disposal facility or TSDFs or plasma pyrolys is at temperature >1200 0C.

(8) Residual or discarded chemical wastes, used or discarded disinfectants and chemical
sludge can be disposed at hazardous waste treatment, storage and disposal facility. In such case,
144
the waste should be sent to hazardous waste treatment, storage and disposal facility through
operator of common bio-medical waste treatment and disposal facility only.

(9) On-site pre-treatment of laboratory waste, microbiological waste, blood

samples, blood bags should be disinfected or sterilized as per the Guidelines of World
Health Organisation or National AIDS Control Organisation and then given to the common
bio-medical waste treatment and disposal facility.

(10) Installation of in-house incinerator is not allowed. However in case there is no common
biomedical facility nearby, the same may be installed by the occupier after taking authorisation

29

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 Environmental Legislation and Management System

from the State Pollution Control Board.

(k) Syringes should be either mutilated or needles should be cut and or stored in
tamper proof, leak proof and puncture proof containers for sharps storage. Wherever the
occupier is not linked to a disposal facility it shall be the responsibility of the occupier to
sterilize and dispose in the manner prescribed.

(l) Bio-medical waste generated in households during healthcare activities shall be

segregated as per these rules and handed over in separate bags or containers to municipal waste
collectors. Urban Local Bodies shall have tie up with the common bio-medical waste treatment and
disposal facility to pickup this waste from the Material Recovery Facility (MRF) or from the house hold
directly, for final disposal in the manner as prescribed in this Schedule.

STANDARDS FOR TREATMENT AND DISPOSAL OF BIO-MEDICALWASTES

STANDARDS FOR INCINERATION.-

All incinerators shall meet the following operating and emission standards-

(i) Operating Standards

1). Combustion efficiency (CE) shall be at least 99.00%.

2). The Combustion efficiency is computed as follows:

%C02

C.E. = ------------ X 100

%C02 + % CO

146
 0
3). The temperature of the primary chamber shall be a minimum of 800 C
0 0
and the secondary chamber shall be minimum of 1050 C + or - 50 C.

4). The secondary chamber gas residence time shall be at least two seconds.

B. Emission Standards

Sl. Parameter Limiting concentration Sampling Duration

in minutes, unless
3
No. in mg Nm unless
stated

stated

(1) (2) (3) (4)

3
1. Particulate matter 50 30 or 1NM of

sample volume,

whichever is more

2. Nitrogen Oxides 400 30 for online

sampling or grab

30

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 Environmental Legislation and Management System

NO and NO2
Sample

expressed as NO2

3
3. HCl 50 30 or 1NM of

sample volume,

whichever is more

(4) Total Dioxins and 3 3

0.1ngTEQ/Nm (at 11% 8 hours or 5NM of
Furans
sample volume,
O2)

whichever is more

3
5. Hg and its 0.05 2 hours or 1NM of

compounds
sample volume,

whichever is more

C. Stack Height: Minimum stack height shall be 30 meters above the ground and shall be attached
with the necessary monitoring facilities as per requirement of monitoring of ‘general parameters’
as notified under the Environment (Protection) Act, 1986 and in accordance with the Central
Pollution Control Board Guidelines of Emission Regulation Part-III.

Note:

• The existing incinerators shall comply with the above within a period of
two years from the date of the notification.

148
 • The existing incinerators shall comply with the standards for Dioxins and Furans of

3
0.1ngTEQ/Nm , as given below within two years from the date of
commencement of these rules.

(c) All upcoming common bio-medical waste treatment facilities having incineration
facility or captive incinerator shall comply with standards for Dioxins and Furans.

(d) The existing secondary combustion chambers of the incinerator and the pollution
control devices shall be suitably retrofitted, if necessary, to achieve the emission limits.

(e) Wastes to be incinerated shall not be chemically treated with

any chlorinated disinfectants.

(f) Ash from incineration of biomedical waste shall be disposed of at common

hazardous waste treatment and disposal facility. However, it may be disposed of in
municipal landfill, if the toxic metals in incineration ash are within the regulatory
quantities as defined under the Hazardous Waste (Management and Handling and
Transboundary Movement) Rules, 2008 as amended from time to time.

(g) Only low Sulphur fuel like Light Diesel Oil or Low Sulphur Heavy Stock or
Diesel, Compressed Natural Gas, Liquefied Natural Gas or Liquefied Petroleum
Gas shall be used as fuel in the incinerator.

(8) The occupier or operator of a common bio-medical waste treatment facility shall monitor
the stack gaseous emissions (under optimum capacity of the incinerator) once in three months
through a laboratory approved under the Environment (Protection) Act, 1986 and record of such
analysis results shall be maintained and submitted to the prescribed authority. In case of dioxins
and furans, monitoring should be done once in a year.

(9) The occupier or operator of the common bio-medical waste treatment facility shall
install continuous emission monitoring system for the parameters as stipulated by State
Pollution Control Board or Pollution Control Committees in authorisation and transmit the
data real time to the servers at State Pollution Control Board or Pollution Control Committees
and Central Pollution Control Board.

(10) All monitored values shall be corrected to 11% Oxygen on dry basis.

(11) Incinerators (combustion chambers) shall be operated with such temperature, retention
time and turbulence, as to achieve Total Organic Carbon content in the slag and bottom ashes less
than 3% or their loss on ignition shall be less than 5% of the dry weight.

(12) The occupier or operator of a common bio-medical waste incinerator

shall use combustion gas analyzer to measure CO2, CO and O2.

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(2) Operating and Emission Standards for Disposal by Plasma
Pyrolysis or Gasification:

A. Operating Standards:

All the operators of the Plasma Pyrolysis or Gasification shall meet the
following operating and emission standards:

(a) Combustion Efficiency (CE) shall be at least 99.99%.

The Combustion Efficiency is computed as follows.

(b) % CO2

……………………… X 100

(% CO2 + % CO)

(3) The temperature of the combustion chamber after plasma gasification shall be 1050

o
(3) 50 C with gas residence time of at least 2(two) second, with minimum 3
% Oxygen in the stack gas.

D. The Stack height should be minimum of 30 m above ground level and shall be
attached with the necessary monitoring facilities as per requirement of monitoring of
‘general parameters’ as notified under the Environment (Protection) Act, 1986 and in
accordance with the CPCB Guidelines of Emission Regulation Part-III.

(2) Air Emission Standards and Air Pollution Control Measures

(1) Emission standards for incinerator, notified at Sl No.1 above in this Schedule, and
revised from time to time, shall be applicable for the Plasma Pyrolysis or Gasification also.

(2) Suitably designed air pollution control devices shall be installed or

retrofitted with the ‘Plasma

Pyrolysis or Gasification to achieve the above emission limits, if necessary.

150
(iii) Wastes to be treated using Plasma Pyrolysis or Gasification shall not
be chemically treated with any chlorinated disinfectants and chlorinated plastics
shall not be treated in system.

c Disposal of Ash Vitrified Material: The ash or vitrified material generated from
the ‘Plasma Pyrolysis or Gasification shall be disposed off in accordance with the
Hazardous Waste (Management, Handling and Transboundary Movement) Rules 2008
and revisions made thereafter in case the constituents exceed the limits prescribed
under Schedule II of the said Rules or else in accordance with the provisions of the
Environment (Protection) Act, 1986, whichever is applicable.

3. STANDARDS FOR AUTOCLAVING OF BIO-MEDICAL WASTE.-

The autoclave should be dedicated for the purposes of disinfecting and

treating bio-medical waste.

(a) When operating a gravity flow autoclave, medical waste shall be subjected to:

(1) a temperature of not less than 121° C and pressure of 15 pounds per square inch
(psi) for an autoclave residence time of not less than 60 minutes; or

(2) a temperature of not less than 135° C and a pressure of 31 psi for an
autoclave residence time of not less than 45 minutes; or

(3) a temperature of not less than 149° C and a pressure of 52 psi for an
autoclave residence time of not less than 30 minutes.

(2) When operating a vacuum autoclave, medical waste shall be subjected to a

minimum of three pre-vacuum pulse to purge the autoclave of all air. The air removed
during the pre-vacuum, cycle should be decontaminated by means of HEPA and activated
carbon filtration, steam treatment, or any other method to prevent release of pathogen.
The waste shall be subjected to the following:

(a) a temperature of not less than 121°C and pressure of 15 psi per an
autoclave residence time of not less than 45 minutes; or

(b) a temperature of not less than 135°C and a pressure of 31 psi for an
autoclave residence time of not less than 30 minutes;

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 (c) Medical waste shall not be considered as properly treated unless the time, temperature and
pressure indicators indicate that the required time, temperature and pressure were reached during
the autoclave process. If for any reasons, time temperature or pressure indicator

indicates that the required temperature, pressure or residence time was not
reached, the entire load of medical waste must be autoclaved again until the
proper temperature, pressure and residence time were achieved.

(4) Recording of operational parameters: Each autoclave shall have graphic

or computer recording devices which will automatically and continuously monitor
and record dates, time of day, load identification number and operating
parameters throughout the entire length of the autoclave cycle.

(5) Validation test for autoclave: The validation test shall use four biological indicator strips,
one shall be used as a control and left at room temperature, and three shall be placed in the
approximate center of three containers with the waste. Personal protective equipment (gloves, face
mask and coveralls) shall be used when opening containers for the purpose of placing the
biological indicators. At least one of the containers with a biological indicator should be placed in
the most difficult location for steam to penetrate, generally the bottom center of the waste pile. The
occupier or operator shall conduct this test three consecutive times to define the minimum
operating conditions. The temperature, pressure and residence time at which all biological
indicator vials or strips for three consecutive tests show complete inactivation of the spores shall
define the minimum operating conditions for the autoclave. After determining the minimum
temperature, pressure and residence time, the occupier or operator of a common biomedical waste
treatment facility shall conduct this test once in three months and records in this regard shall be
maintained.

(6) Routine Test: A chemical indicator strip or tape that changes colour when a certain
temperature is reached can be used to verify that a specific temperature has been achieved. It may
be necessary to use more than one strip over the waste package at different locations to ensure
that the inner content of the package has been adequately autoclaved. The occupier or operator of
a common bio medical waste treatment facility shall conduct this test during autoclaving of each
batch and records in this regard shall be maintained.

(7) Spore testing: The autoclave should completely and consistently kill the approved
biological indicator at the maximum design capacity of each autoclave unit. Biological indicator for
autoclave shall be Geobacillus stearothermophilus spores using vials or spore

6
Strips; with at least 1X10 spores. Under no circumstances will an autoclave have
minimum operating parameters less than a residence time of 30 minutes, a temperature
o
less than 121 C or a pressure less than 15 psi. The occupier or operator of a common
bio medical waste treatment and disposal facility shall conduct this test at least once in
every week and records in this regard shall be maintained.

152
(4) STANDARDS OF MICROWAVING.-

(a) Microwave treatment shall not be used for cytotoxic, hazardous or radioactive
wastes, contaminated animal carcasses, body parts and large metal items.

(b) The microwave system shall comply with the efficacy test or routine tests and a
performance guarantee may be provided by the supplier before operation of the limit.

31

153
(3) The microwave should completely and consistently kill the bacteria and other pathogenic
organisms that are ensured by approved biological indicator at the maximum design capacity of each
microwave unit. Biological indicators for microwave shall be Bacillus
4
atrophaeusspores using vials or spore strips with at least 1 x 10 sporesper
detachable strip. The biological indicator shall be placed with waste and
exposed to same conditions as the waste during a normal treatment cycle.

(v) STANDARDS FOR DEEP BURIAL.-

(1) A pit or trench should be dug about two meters deep. It should be half filled with waste,
then covered with lime within 50 cm of the surface, before filling the rest of the pit with soil.

(2) It must be ensured that animals do not have any access to burial sites.
Covers of galvanised iron or wire meshes may be used.

(3) On each occasion, when wastes are added to the pit, a layer of 10 cm of
soil shall be added to cover the wastes.

(4) Burial must be performed under close and dedicated supervision.

(5) The deep burial site should be relatively impermeable and no shallow
well should be close to the site.

(6) The pits should be distant from habitation, and located so as to ensure
that no contamination occurs to surface water or ground water. The area should
not be prone to flooding or erosion.

(7) The location of the deep burial site shall be authorised by the prescribed authority.

(8) The institution shall maintain a record of all pits used for deep burial.

(9) The ground water table level should be a minimum of six meters below
the lower level of deep burial pit.

STANDARDS FOR EFFICACY OF CHEMICAL DISINFECTION

Microbial inactivation efficacy is equated to “Log10 kill” which is defined as the difference
between the logarithms of number of test microorganisms before and after chemical
treatment. Chemical disinfection methods shall demonstrate a 4 Log10 reduction or
greater for Bacillus Subtilis (ATCC 19659) in chemical treatment systems.

(7) STANDARDS FOR DRY HEAT STERILIZATION

154
 0
Waste sharps can be treated by dry heat sterilization at a temperature not less than 185 C, at
least for a residence period of 150 minutes in each cycle, which sterilization period of 90
minutes. There should be automatic recording system to monitor operating parameters.

(a) Validation test for Shaprs sterilization unit

Waste shaprs sterilization unit should completely and consistently kill the biological
indicator Geobacillusstear othermophillus or Bacillus Atropheausspoers using vials with
at least log10 6 spores per ml. The test shall be carried out once in three months

(2) Routine test

A chemical indicator strip or tape that changes colour when a certain temperature is
reached can be used to verify that a specific temperature has been achieved. It may
be necessary to use more than one strip over the waste to ensure that the inner
content of the sharps has been adequately disinfected. This test shall be performed
once in week and records in this regard shall be maintained.

STANDARDS FOR LIQUID WASTE.-

(1) The effluent generated or treated from the premises of occupier or

operator of a common bio medical waste treatment and disposal facility, before
discharge into the sewer should conform to the following limits-

PARAMETERS PERMISSIBLE LIMITS

pH 6.5-9.0

Suspended solids 100 mg/l

Oil and grease 10 mg/l

BOD 30 mg/l

COD 250 mg/l

Bio-assay test 90% survival of fish after 96 hours in 100% effluent.

2 Sludge from Effluent Treatment Plant shall be given to common bio-

medical waste treatment facility for incineration or to hazardous waste treatment,
storage and disposal facility for disposal.

155
 Notifications issued by Govt. of Maharashtra for the protection and
improvement of environment.

An Act to provide for the protection and improvement of environment and for matters
connected therewith. WHEREAS decisions were taken at the United Nations Conference
on the Human Environment held at Stockholm in June, 1972, in which India participated,
to take appropriate steps for the protection and improvement of human environment;
AND WHEREAS it is considered necessary further to implement the decisions aforesaid
in so far as they relate to the protection and improvement of environment and the
prevention of hazards to human beings, other living creatures, plants and property; Be it
enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

PRELIMINARY

1. Short title, extent and commencement.-

(a) This Act may be called the Environment (Protection) Act, 1986.

(b) It extends to the whole of India.

(iii) It shall come into force on such date1 as the Central Government
may, by notification in the Official Gazette, appoint, and different dates may be
appointed for different provisions of this Act and for different areas.

(b) Definitions.- In this Act, unless the context otherwise requires,-

(a) “environment” includes water, air and land and the interrelationship which
exists among and between water, air and land, and human beings, other living
creatures, plants, microorganism and property;

(b) “Environmental pollutant” means any solid, liquid or gaseous substance present
in such concentration as may be, or tend to be, injurious to environment;

(c) “Environmental pollution” means the presence in the environment of any

environmental pollutant;

(d) “handling”, in relation to any substance, means the manufacture, processing,

treatment, package, storage, transportation, use, collection, destruction, conversion,
offering for sale, transfer or the like of such substance;

156
(e) “hazardous substance” means any substance or preparation which, by reason of its
chemical or physico-chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plants, micro-organism, property or the environment;

(f) “Occupier”, in relation to any factory or premises, means a person who has
control over the affairs of the factory or the premises and includes, in relation
to any substance, the person in possession of the substance;

(g) “Prescribed” means prescribed by rules made under this Act.

GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. Power of Central Government to take measures to protect and improve environment.-

a Subject to the provisions of this Act, the Central Government shall have the
power to take all such measures as it deems necessary or expedient for the
purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution.

b In particular, and without prejudice to the generality of the provisions of

sub-section (1), such measures may include measures with respect to all or
any of the following matters, namely:-

(i) Co-ordination of actions by the State Governments, officers and other authorities-

(1) Under this Act, or the rules made thereunder; or

(2) Under any other law for the time being in force which is relatable to the objects of this Act;

(2) Planning and execution of a nation-wide programme for the

prevention, control and abatement of environmental pollution;

(c) Laying down standards for the quality of environment in its various aspects;

(d) laying down standards for emission or discharge of environmental pollutants from various
sources whatsoever: Provided that different standards for emission or discharge may be laid
down under this clause from different sources having regard to the quality or composition of
the emission or discharge of environmental pollutants from such sources;

157
 (e) restriction of areas in which any industries, operations or processes, or
class of industries, operations or processes shall not be carried out or shall
be carried out subject to certain safeguards;

(f) Laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accidents;

(g) Laying down procedures and safeguards for the handling of hazardous substances;

(h) Examination of such manufacturing processes, materials and

substances as are likely to cause environmental pollution;

9) Carrying out and sponsoring investigations and research relating to

problems of environmental pollution;

10) inspection of any premises, plant, equipment, machinery, manufacturing or other

processes, materials or substances and giving, by order, of such directions to such
authorities, officers or persons as it may consider necessary to take steps for the
prevention, control and abatement of environmental pollution;

11) Establishment or recognition of environmental laboratories and institutes to carry out

the functions entrusted to such environmental laboratories and institutes under this Act;

12) Collection and dissemination of information in respect of matters

relating to environmental pollution;

13) Preparation of manuals, codes or guides relating to the prevention,

control and abatement of environmental pollution;

14) Such other matters as the Central Government deems necessary or expedient for
the purpose of securing the effective implementation of the provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes
of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name
or names as may be specified in the order for the purpose of exercising and performing such of the
powers and functions (including the power to issue directions under section 5) of the Central Government
under this Act and for taking measures with respect to such of the matters referred to in sub-section (2)
as may be mentioned in the order and subject to the supervision and control of the Central Government
and the provisions of such order, such authority or authorities may exercise the powers or perform the
functions or take the measures so mentioned in the order as if such authority or authorities had been
empowered by this Act to exercise those powers or perform those functions or take such measures.

(d) Appointment of officers and their powers and functions.- (1) Without prejudice to the
provisions of sub-section (3) of section 3, the Central Government may appoint officers with
such designations as it thinks fit for the purposes of this Act and may entrust to them such of
the powers and functions under this Act as it may deem fit. (2) The officers appointed under
sub-section (1) shall be subject to the general control and direction of the Central Government
158
 or, if so directed by that Government, also of the authority or authorities, if any, constituted
under subsection (3) of Section 3 or of any other authority or officer.

(e) Power to give directions.- Notwithstanding anything contained in any other law but
subject to the provisions of this Act, the Central Government may, in the exercise of its powers
and performance of its functions under this Act,issue directions in writing to any person,
officer or any authority and such person, officer or authority shall be bound to comply with
such directions. Explanation.- For the avoidance of doubts, it is hereby declared that the power
to issue directions under this Section includes the power to direct- (a) the closure, prohibition
or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply
of electricity or water or any other service.

(f) Rules to regulate environmental pollution.- (1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in Section 3. (2) In
particular, and without prejudice to the generality of the foregoing power, such rules may provide for all
or any of the following matters, namely:- (a) the standards of quality of air, water or soil for various areas
and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants
(including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous
substances; (d) the prohibition and restrictions on the handling of hazardous substances in different
areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes
and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial measures for such accidents.

PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL

POLLUTION

(g) Persons carrying on industry, operation, etc., not to allow emission or discharge of
environmental pollutants in excess of the standards.- No person carrying on any industry,
operation or process shall discharge or emit or permit to be discharged or emitted any
environmental pollutant in excess of such standards as may be prescribed.

(h) Persons handling hazardous substances to comply with procedural safeguards.- No person
shall handle or cause to be handled any hazardous substance except in accordance with such
procedure and after complying with such safeguards as may be prescribed.

(i) Furnishing of information to authorities and agencies in certain cases.-

(a) Where the discharge of any environmental pollutant in excess of the prescribed standards
occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person
responsible for such discharge and the person in charge of the place at which such discharge
occurs or is apprehended to occur shall be bound to prevent or mitigate the

159
 environmental pollution caused as a result of such discharge and shall also forthwith- (a)
intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if
called upon, to render all assistance, to such authorities or agencies as may be prescribed.

(ii) On receipt of information with respect to the fact or apprehension of any

occurrence of the nature referred to in sub-section (1), whether through intimation
under that sub-section or otherwise, the authorities or agencies referred to in sub-
section (1) shall, as early as practicable, cause such remedial measures to be taken
as are necessary to prevent or mitigate the environmental pollution.

(iii) The expenses, if any, incurred by any authority or agency with respect to the
remedial measures referred to in sub-section (2), together with interest (at such
reasonable rate as the Government may, by order, fix) from the date when a demand
for the expenses is made until it is paid, may be recovered by such authority or agency
from the person concerned as arrears of land revenue or of public demand.

10. Powers of entry and inspection.-

(1) Subject to the provisions of this Section, any person empowered by the
Central Government in this behalf shall have a right to enter, at all reasonable times
with such assistance as he considers necessary, any place-

(1) for the purpose of performing any of the functions of the Central
Government entrusted to him;

(2) for the purpose of determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of this Act or the rules made
thereunder or any notice, order, direction or authorisation served, made, given or granted
under this Act is being or has been complied with;

(3) for the purpose of examining and testing any equipment, industrial plant, record, register,
document or any other material object or for conducting a search of any building in which he has reason
to believe that an offence under this Act or the rules made thereunder has been or is being or is about to
be committed and for seizing any such equipment, industrial plant, record, register, document or other
material object if he has reasons to believe that it may furnish evidence of the commission of an offence
punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or
mitigate environmental pollution.

(2) Every person carrying on any industry, operation or process or handling any
hazardous substance shall be bound to render all assistance to the person
empowered by the Central Government under sub-section (1) for carrying out the
functions under that sub-section and if he fails to do so without any reasonable cause
or excuse, he shall be guilty of an offence under this Act.

160
 (3) If any person wilfully delays or obstructs any person empowered by the
Central Government under sub-section (1) in the performance of his functions,
he shall be guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, (2 of 1974) or, in relation to the
State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of

any corresponding law in force in that State or area shall, so far as may be, apply to
any search or seizure under this Section as they apply to any search or seizure made
under the authority of a warrant issued under Section 94 of the said Code or, as the
case may be, under the corresponding provision of the said law.

11. Power to take sample and procedure to be followed in connection therewith.-

(1) The Central Government or any officer empowered by it in this behalf, shall have power
to take, for the purpose of analysis, samples of air, water, soil or other substance from any
factory, premises or other place in such manner as may be prescribed.

(2) The result of any analysis of a sample taken under sub-section (1) shall not
be admissible in evidence in any legal proceeding unless the provisions of sub-
sections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section

(1) shall-

(a) Serve on the occupier or his agent or person in charge of the place, a notice, then
and there, in such form as may be prescribed, of his intention to have it so analysed;

(b) In the presence of the occupier or his agent or person, collect a sample for analysis;

(c) Cause the sample to be placed in a container or containers which shall be

marked and sealed and shall also be signed both by the person taking the
sample and the occupier or his agent or person;

(d) Send without delay, the container or the containers to the laboratory
established or recognised by the Central Government under Section 12.

(4) When a sample is taken for analysis under sub-section (1) and the person taking the sample
serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,-
(a) in a case where the occupier, his agent or person willfully absents himself, the person taking the
sample shall collect the sample for analysis to be placed in a container or containers which shall be
161
 marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where
the occupier or his agent or person present at the time of taking the sample refuses to sign the
marked and sealed container or containers of the sample as required under clause

(c) of sub-section (3), the marked and sealed container or containers shall be signed by the
person taking the samples, and the container or containers shall be sent without delay by the
person taking the sample for analysis to the laboratory established or recognised under
Section 12 and such person shall inform the Government Analyst appointed or recognised
under Section 13 in writing, about the wilful absence of the occupier or his agent or person, or,
as the case may be, his refusal to sign the container or containers.

(12) Environmental laboratories.- (1) The Central Government may, by notification in the Official
Gazette,- (a) establish one or more environmental laboratories; (b) recognise one or more
laboratories or institutes as environmental laboratories to carry out the functions entrusted to an
environmental laboratory under this Act. (2) The Central Government may, by notification in the
Official Gazette, make rules specifying- (a) the functions of the environmental laboratory; (b) the
procedure for the submission to the said laboratory of samples of air, water, soil or other substance
for analysis or tests, the form of the laboratory

162
 report thereon and the fees payable of such report; (c) such other matters as may be
necessary or expedient to enable that laboratory to carry out its functions.

(13) Government Analysts.- The Central Government may, by notification in the Official
Gazette, appoint or recognise such persons as it thinks fit and having the prescribed
qualifications to be Government Analysts for the purpose of analysis of samples of air, water,
soil or other substances sent for analysis to any environmental laboratory established or
recognised under sub-section (1) of Section 12.

(14) Reports of Government Analysts.- Any document purporting to be a report

signed by a Government Analyst may be used as evidence of the facts stated
therein in any proceeding under this Act.

(15) Penalty for contravention of the provisions of the Act and the rules, orders and
directions.- (1) Whoever fails to comply with or contravenes any of the provisions of this Act,
or the rules made or orders or directions issued thereunder, shall, in respect of each such
failure or contravention, be punishable with imprisonment for a term which may extend to five
years or with fine which may extend to one lakh rupees, or with both, and in case the failure or
contravention continues, with additional fine which may extend to five thousand rupees for
every day during which such failure or contravention continues after the conviction for the first
such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues

beyond a period of one year after the date of conviction, the offender shall be
punishable with imprisonment for a term which may extend to seven years.

(16) Offences by companies.- (1) Where any offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly: Provided that nothing contained in this sub-section shall render any such person liable to
any punishment provided in this Act, if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1), where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this Section.-
(a) “company” means any body corporate and includes a firm or other association of individuals; and (b)
“director”, in relation to a firm , means a partner in the firm.

163
(17) Offences by Government departments.- (1) Where an offence under this Act has been
committed by any Department of Government, the Head of the Department shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable
to any punishment if he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1), where an offence under this Act has been committed by
a Department of Government and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any officer, other than
the Head of the Department, such officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.

MISCELLANEOUS

(18) Protection of action taken in good faith.- No suit, prosecution or other legal proceeding
shall lie against the Government or any officer or other employee of the Government or any authority
constituted under this Act or any member, officer or other employee of such authority in respect of
anything which is done or intended to be done in good faith in pursuance of this Act or the rules
made or orders or directions issued thereunder.

(19) Cognizance of offences.- No court shall take cognizance of any offence under this Act except
on a complaint made by- (a) the Central Government or any authority or officer authorised in this behalf
by that Government; or (b) any person who has given notice of not less than sixty days, in the manner
prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or
the authority or officer authorised as aforesaid.

(20) Information, reports or returns.- The Central Government may, in relation to its
functions under this Act, from time to time, require any person, officer, State Government
or other authority to furnish to it or any prescribed authority or officer any reports, returns,
statistics, accounts and other information and such person, officer, State Government or
other authority shall be bound to do so.

(21) Members, officers and employees of the authority constituted under Section 3 to
be public servants.- All the members of the authority, constituted, if any, under Section 3
and all officers and other employees of such authority when acting or purporting to act in
pursuance of any provisions of this Act or the rules made or orders or directions issued
thereunder shall be deemed to be public servants within the meaning of Section 21 of the
Indian Penal Code (45 of 1860).

164
(22) Bar of jurisdiction.- No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of anything done, action taken or order or direction issued by the
Central Government or any other authority or officer in pursuance of any power conferred
by or in relation to its or his functions under this Act.

(23) Power to delegate.- Without prejudice to the provisions of sub-section (3) of Section 3, the
Central Government may, by notification in the Official Gazette, delegate, subject to such conditions
and limitations as may be specified in the notification, such of its powers and functions under this
Act [except the power to constitute an authority under sub-section (3) of

Section 3 and to make rules under Section 25] as it may deem necessary or
expedient, to any officer, State Government or other authority.

(x) Effect of other Laws.- (1) Subject to the provisions of sub-section (2), the provisions
of this Act and the rules or orders made therein shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and
also under any other Act then the offender found guilty of such offence shall be liable
to be punished under the other Act and not under this Act.

(y) Power to make rules.- (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the following matters,
namely:- (a) the standards in excess of which environmental pollutants shall not be discharged or
emitted under Section 7; (b) the procedure in accordance with and the safeguards in compliance
with which hazardous substances shall be handled or cause to be handled under Section 8; (c) the
authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence
of the discharge of any environmental pollutant in excess of the prescribed standards shall be given
and to whom all assistance shall be bound to be rendered under sub-section (1) of Section 9; (d) the
manner in which samples of air, water, soil or other substances for the purpose of analysis shall be
taken under subsection (1) of Section 11; (e) the form in which notice of intention to have a sample
analysed shall be served under clause (a) of sub-section (3) of Section 11; (f) the functions of the
environmental laboratories, the procedure for the submission to such laboratories of samples of air,
water, soil and other substances for analysis or test; the form of laboratory report; the fees payable
for such report and other matters to enable such laboratories to carry out their functions under sub-
section (2) of Section 12; (g) the qualifications of Government Analyst appointed or recognised for
the purpose of analysis of samples of air, water, soil or other substances under Section 13;

(h) the manner in which notice of the offence and of the intention to make a complaint to the
Central Government shall be given under clause (b) of Section 19; (i) the authority or officer to
whom any reports, returns, statistics, accounts and other information shall be furnished under
Section 20; (j) any other matter which is required to be, or may be, prescribed.

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(z) Rules made under this Act to be laid before Parliament.- Every rule made under this
Act shall be laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.

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