ENVIRONMENTAL LAWS-AND- THIS BOARD|
This Board, though constituted under the Water (Prevention and Control of Pollution) Act, 1974, has also been entrusted with powers and functions under such other Acts on environment. Other environmental laws, which followed after the Water Act, 1974, were also credited in the functional account of the central Board, as well as this Board. Such special Acts on Environment may be enumerated as indicated below:
1. The water (Prevention and Control of Pollution) Act, 1974;
2. The water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Air (Prevention and Control of Pollution) Act, 1981;
4. The Environment (Protection) Act, 1986; and
All the four Acts and important Rules framed thereunder may be referred below with their individual objectives and obligations cast on responsible persons.
I. Water (Prevention and Control of Pollution) Act, 1974:
The water (Prevention and Control of Pollution) Act, 1974 provides for the prevention and control of water pollution and the maintaining or re-storing of whole-someness of water. Under the scheme of the Act, the relevant provisions, casting obligations on persons may be referred under sections - 24,25/26 and 31 of the Act.
Section - 24, prohibits on the use of stream or well for the disposal of polluting matters, which is in excess of the standards laid down by the Board. In other words, people are under obligation to observe the standards laid down by the Board, in the matter of use of stream or well by way of disposal of the polluting matters, determined in accordance with the Board's Standard.
Section - 25/26, restricts establishment or use of new or existing outlets or discharge without prior consent from the Board. In other words, person are under obligation to apply for consent, before they are taking steps to establish any industry or are bringing into use any new outlet or are continuing with the existing Outlet for the discharge of sewage or trade effluent.
Section - 31, cast obligation on any industry, operation or process to furnish information to the Sate Board, including other agencies, about accidental discharge of any poisonous matter into a stream or well or sewer on land. Failure to carry out the aforesaid obligations attracts penal provisions under sections 43,44 and 42 respectively.
II. The water (Prevention and Control of Pollution) Cess Act,1977:
The water (Prevention and Control of Pollution) Cess Act, 1977 provides for the levy and collection of Cess on water consumed by persons carrying on specified industry and by local authorities, with a view to augmenting the resource of Central and State Board's for the prevention and Control of water pollution, constituted under the Water (Prevention and Control of Pollution) Act, 1974. The relevant provisions casting obligation under this Act may be referred under sections 3,4 and 5.
Section - 3 casts liability on every person carrying on any specified industry under Schedule I of the Act, and also on every authority to pay a Cess for the purpose of the Water (Prevention and Control of Pollution) Act, 1974 and utilization of water thereunder.
Section - 4, requires every person carrying on any specified industry and every local authority to affix meters of prescribed standard, so as to measure the quantity of water consumed by them.
Section - 5, requires the said persons to furnish returns in the prescribed format, showing the quantity of water consumed in the previous month.
Failure to carry out the obligations and liability, as aforesaid, attracts the penal provision under section 14 of the Act.
III. Air (Prevention and Control of Pollution) Act,1981:
The Air (Prevention and Control of Pollution) Act, 1981 provides for the prevention, control and abatement of air pollution.
The liability/obligations imposed on the concerned persons under the scheme of this Act may be referred under the provisions of sections 21,22 and 23.
Section - 21, similar to the provision under section 25/26 of the Water Act, 1974, puts obligationby way of restriction on any person on the establishment or operation of any industrial plant in an air pollution control area, without obtaining prior consent from the concerned Board.
Section - 22 is also comparable to section 24 of the Water Act, 1974. It requires any person carrying on any industrial plant to allow discharge or emission only within the prescribed standard.
Section - 23 is also comparable to section 31 of the Water Act, 1974, whereunder any person, carrying on an industrial plant, shall furnish information to the State Board or other agencies, in case due to any accident or other unforeseen act or event emission has occurred in excess of the standards laid down by the Board.
In the event of failure to carry out ones obligations or liabilities, as aforesaid, penal provision under Section - 37 of the Act is attracted.
IV. View Environment (Protection) Act, 1986;
View Environment Protection Act, 1986