Online Consent Management & Monitoring System

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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.

Ques:What are important Environmental Laws in the Country?
Ans: The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act, 1981 The Water (prevention and Control of Pollution) Cess Act, 1977 The Environment (Protection) Act, 1986 and Rules there under The Public Liability Insurance Act, 1981

Ques: What do you mean by Water and Air Consent? Who are required to obtain consent from Board?
Ans: Consent means the sanction of the authority of the Board for the discharge of the effluent (sewage or trade effluent into a stream or well or sewer or on land ) or emission of air pollutant into the atmosphere. The consent issued by Board under section 25/26 of the Water (Prevention and Control of Pollution) Act 1974 is known as water consent and under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 is known as air consent,As per section 25 of the Water (Prevention and Control of Pollution) Act 1974, no person shall without the previous consent of the State Board, Establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land; or Bring into use any new or altered outlets for the discharge of sewage; or Being to make any new discharge of sewage. And, as per section 21 of the Air (Prevention and Control of Pollution) Act, 1981, no person shall without previous consent of the State Board, establish or operate any industrial plant in an air pollution control area.

Ques:Is any fee required for obtaining consent? What do you mean by Consent Fee?
Ans: Yes Sir. The consent fee means the fees charged by the Board for the grant of consent by the Board.

Ques:What do you mean by investment?
Ans: The investment means the amount of capital invested by the industry on capital works including land; machinery; and equipment. This is the gross block (without depreciation) of all fixed assets.

Ques:Is there any prescribed form for consent application?
Ans: Yes Sir, There are prescribed forms of application for obtaining consent.

Ques:Where the consent application forms are available?
Ans: The consent application forms are available at Offices of the Jammu & Kashmir State Pollution Control Board.

Ques:Whether consent renewal fee has to be paid annually?
Ans: A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.

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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. The Environment (Protection) Act, 1986;

View Environment Protection Act, 1986

(B) The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989:

These Rules intend to take into ambit all the industrial activities involving hazardous chemicals, which satisfy any of the criteria, laid down in Part-1 of Schedule-1 and is listed in column-II of Part-II of the schedule. This applies to isolated storage of hazardous chemical also in which there is involved a threshold quantity of a hazardous chemical listed in schedule - II in column - II, which is equal to or more than the threshold quantity specified in the schedule for that chemical in column - III thereof.

Under Rule,4 the general responsibilities or obligation of the occupiers, during their industrial activities is to identify major accidental hazards and take adequate steps to prevent such major accident and also to provide persons working on the site with necessary information and training for ensuring their safety.

Under Rule, 5 the occupiers shall be duty-bound to notify further to the concerned authority about any major accident, if it occurs.

Under Rule,7the occupiers shall be under an obligation to notify the site by a written report to the concerned authority about his intentions to undertake any industrial activity involving hazardous chemicals.

Under Rule, 8the occupiers shall be duty bound to notify the updated position of such sites.

Under Rule, 10 the occupiers shall not undertake any of such industrial activities, unless he has prepared a safety report on his proposed industrial activity.

Under Rule, 13 the occupier shall prepare on site emergency plan, detailing. How major accident, if takes place, will be dealt with.

Under Rule, 15 occupier shall be bound to give information to the persons liable to be effected by a major accident, during his industrial activity.

(C) Rules for the manufacture, use, Import, Export and Storage of Hazardous Micro - Organism Genetically Engineered Organisms or Cells:

These Rules are applicable to the manufacture, import and storage of Microorganisms and gene-technological products.

Under Rule, 10: no such products shall be produced, sold, imported or used except with the approval of Genetic Engineering Approval Committee.

Under Rule, 16: persons responsible for such products and their use shall be duty-bound to notify to the concerned authorities about any accidents.

Under Rule, 17: preparation of site emergency plan is also an obligation.

(D) The chemical Accidents (Emergency Planning, preparedness, and Response) Rule, 1996:

These rules have been made with a view to dealing with chemical accident and coordinating efforts in planning, preparedness and mitigation of a chemical accident.

Under these rules, provision for the constitution of Central crisis group; State crises group; and District and Local crises group, have been made.

Rule, 9: Under rule 9, any person responsible for any discharge or emission in excess of the standards prescribed by the Central Government, due to some accident, is required to furnish information to the concerned authorities or agencies so that necessary steps could be taken to stop or mitigate.

Whoever fails to comply with any of the obligations as aforesaid, will be liable to be punished under section 15 with imprisonment for a term extendable up to 5 years with fine.

(E) The Bio-Medical Waste (Management and Handling) Rules, 1998:

These rules apply to all, which generate, collect, receive, store, transport, treat, dispose of or handle bio-medical waste in any form.

Under Rule 4, every occupier of an institution, generating bio-medical waste, including a Hospital, Nursing home, Clinic, Dispensary, Veterinary institution, Animal house, Pathological laboratory, blood bank, shall be under obligation to take all steps to ensure that such wastes are handled without any adverse effect to human health and environment.

Under Rule 5, every occupier shall treat and dispose of such waste, as specified in schedule - I read with standards in Schedule - V.

Under Rule 8, every occupier handling such waste and providing services to 1000 or more patients per month, shall be bound to obtain authorization from the prescribed authority.

Under Rule 12, every occupier shall be duty bound to report any accident to the prescribed authority.

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Environmental policy refers to the commitment of an organization to the laws, regulations, and other policy mechanisms concerning environmental issues and sustainability. These issues generally include air and water pollution, solid waste management, biodiversity, ecosystem management, maintenance of biodiversity, the protection of natural resources, wildlife and endangered species.

Policies concerning energy or regulation of toxic substances including pesticides and many types of industrial waste are part of the topic of environmental policy. This policy can be deliberately taken to direct and oversee human activities and thereby prevent harmful effects on the biophysical environment and natural resources, as well as to make sure that changes in the environment do not have harmful effects on humans

It is useful to consider that environmental policy comprises two majorterms: environment and policy. Environment refers to the physical ecosystems, but can also take into consideration the social dimension (quality of life, health) and an economic dimension (resource management, biodiversity). Policy can be defined as a "course of action or principle adopted or proposed by a government, party, business or individual". Thus, environmental policy focuses on problems arising from human impact on the environment, which retroacts onto human society by having a (negative) impact on human values such as good health or the 'clean and green' environment

Our Policy is

(a) Planning of comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the state and to secure the execution there of;

(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;

(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 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 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, with regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristic 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;

(l) 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.

Bio-medical Waste (Management & Handling) Rules, 1998 were notified by the Ministry of Environment & Forests (MoEF) under the Environment (Protection) Act, 1986. 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 and further amendments made thereof, the Central Government vide G.S.R. 343(E) dated 28th March, 2016 published the Bio-medical Waste Management Rules, 2016.

These rules 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

According to these rules, every occupier or operator handling bio-medical waste, irrespective of the quantity is required to obtain authorization from the respective prescribed authority i.e. Delhi Pollution Control Committee.

Central Pollution Control Board is the State Board for all the Union Territories to exercise powers and performs functions under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, as amended to date.

Central Pollution Control Board has delegated all its powers and functions under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, as amended to date, in respect of Union Territory of Delhi to Delhi Pollution Control Committee (DPCC) vide Notification Dated 15.03.1991.

The whole Union Territory of Delhi has been declared as an Air Pollution Control area, under sub section (I) of section 19 of the Air (Prevention & Control of Pollution) Act, 1981 vide notification no. GSR 106 (E) dated 20.02.1987.

It is mandatory provision under u/s 21/22 of the Air (Prevention & Control of Pollution) Act, 1981 that no person without the previous consent of the DPCC shall establish/ operate an industrial plant in any air pollution control area.

It is a mandatory provision under u/s 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 that no person without the previous consent of the DPCC shall Establish or take any steps to establish any industry, operation or process or any treatment and disposal system an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land.

The Ministry of Environment & Forests, Government of India, notified the Hazardous Waste (Management & Handling) Rules on July 28, 1989 under the provisions of the Environment (Protection) Act, 1986, and further amendments made thereof, the Central Government vide G.S.R. 395(E) dated 4th April 2016 published the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 to ensure safe handling, generation, processing, treatment, package, storage, transportation, use reprocessing, collection, conversion, and offering for sale, destruction and disposal of Hazardous Waste.

As per Rule 4 of the Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016, as amended to date, inter-alia provides that an occupier of a facility shall be responsible for safe and environmentally sound management of hazardous and other wastes generated in the establishment and hazardous and other wastes generated shall be sent or sold to an authorized actual user or shall be disposed of in an authorized disposal facility

As per the rule 6 of the Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016, as amended to date, every occupier of facility, handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous waste and other wastes shall be required to obtain an authorization from Delhi Pollution Control Committee(DPCC).

Delhi Pollution Control Committee (DPCC) is an autonomous regulatory body came into existence w.e.f. 01.06.1991 after Notification Dated 15.03.1991 of Central Pollution Control Board (CPCB), which delegated all its powers and functions to DPCC, under Section 4(4) of Water Act & Section 6 of Air Act. Accordingly, DPCC acts as a regulatory body in respect of NCT of Delhi for implementation of various Environmental / Pollution Control Laws enacted by the Parliament and notified by MOEF, Govt. of India. DPCC is headed by Chairman, DPCC [Secretary (Environment & Forest), Govt. of NCT of Delhi].:

The main functions of Delhi Pollution Control Committee specified by Government of India as per the Water, Air and Noise Pollution Act are as follows:

1. Issuance of the Consent Certificate to the Industries falling in conforming areas under Green and Orange Categories.

2. Issuance of Authorization to the Hospitals, Clinics, Animal Clinics, Blood Banks etc.

3. Advise the Delhi Government on any matter concerning prevention and control of water and air pollution and improvement of the quality of air

4. Organize through mass media, a comprehensive mass awareness programme on the prevention, control or abatement of water and air pollution

5. Collect, compile and publish technical and statistical data relating to water and air pollution and the measures devised for their effective prevention, control or abatement.

6. Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents as well as for stack gas cleaning devices, stacks and ducts;

7. Disseminate information in respect of matters relating to water and air pollution and their prevention and control;

8. Lay down standards for treatment of sewage and trade effluents and for emissions from automobiles, industrial plants, and any other polluting source;

9. Develop reliable and economically viable methods of treatment of sewage, trade effluent and air pollution control equipment;

10. Assess the quality of ambient water and air, and inspect wastewater treatment installations, air pollution control equipment, industrial plants or manufacturing process to evaluate their performance and to take steps for the prevention, control and abatement of air and water pollution.

For Prevention and Control of water pollution and maintaining or restoring of wholesomeness of water and prevention, control & abatement of air pollution namely Water (Prevention and Control Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 have been enacted. Central and State Pollution Control Boards came into existence to fulfill the purpose mentioned in the above Acts. With the Constitution of Delhi, a Board namely Delhi State Pollution Control Board came into existence.

The State has prepared its Environmental Policy within the basic framework of economic and social priorities with the objective of ensuring environmental conservation without impeding any development imperatives. It is aimed at:

* Ensuring sustainable development with an emphasis on social and intergenerational equity
* Enhancing environmental performance as a means of competitive advantage for the State
* Improving the quality of life of citizens.