ENVIRONMENT &

POLLUTION CONTROL













Power Management Institute
Noida
IG/13
(Restricted Circulation Only)



CONTENTS

S.NO. TITLE Page Nos.
PART I
1. Site Selection for Thermal Power Project. 1
2.
Procedure for Selection of site for Thermal Power
Project for Environmental Clearance.
4
3.
Environmental Impact Assessment for Thermal Power
Project.
14
4. Air Quality Monitoring & Control. 23
5. Water Pollution & Control. 35
6. Ash Disposal System. 53
7. Ecological Aspects of Thermal Power Project. 62
8. Environmental Appraisal for Thermal Power Projects. 68
9. Environmental Guidelines for Thermal Power Plants. 89
10. Afforestation and Environmental Improvement. 98




S.NO. TITLE Page Nos.

PART II
1. The WaterAct-1974. 1
2.
The water (Prevention & Control of Pollution) Amendment Act,
1988.
46
3. The Air (Prevention & Control of Pollution) Act, 1981. 60
4.
The Air (Prevention & Control of Pollution) Amendment Act,
1987.
97
5. The Environmental Protection Act, 1986. 107
6. Notification under EP Rules 1986. 123
7. Effluent standards 1988. 138
8. Notification for emission standards 1989. 146
9. Notification for Ambient Noise Standards. 148
10. Notification of slack Height 1990. 150
11. Notification for Coastal Regulation Zone. 165
12. Forest Conservation Act, 1980. 178
13. Forest (Conservation) Amendment Act, 1988. 184












PART I

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1. 1. SiteSelection SiteSelection f for Thermal Power Projects or Thermal Power Projects

INTRODUCTION

Electricity is essential to maintain and enhance our Nations social and economic well
being. Already, there are pressures on the natural resources and the pressures will
continue to grow with the steady population growth. Electric utilities want to site a plant
on land accessible by road or rail, close to a large water source that will be as near as
possible to the load centre and the coal source. The DOEn and PCBs may fear the
intrusion of the plant on the environment and its impact on ecology. The local interest
groups which want the plants power output may not for various reasons want the plant
in the vicinity or on a particular location.

This dilemma could lead to delays which could greatly enlarge our Nations already
acute energy crisis.

In the past the principal factors for siting a plant were engineering and economics and all
of us were willing to accept these principles. The economics of plant location covered
mainly the plants proximity to the coal source and the distance to the load centre. Also,
there had to be a suitable foundation on adequate water supply, and adequate
transportation facilities. Now, attention is being focussed on the environment. All of us
recognize the need to protect the environment and will have to orient our site selection
methodology to minimize degradation of our environment.

ENVIRONMENTAL CONSIDERATIONS

The DOEn has issued Environmental Guidelines for Thermal Power Plants.
Unfortunately, where there is water there exist either forests, or prime agricultural land,
or is in the flood plain. Further, areas close to major water sources tend to be fairly well
populated and it is not desirable to displace significant number of people. Also, officially
designated forest lands comprise of more than 30 percent of India. Thus, potential sites,
which are acceptable to DOEn, are going to be very rare. While every effort to follow the

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guidelines, is being made by utilities. DOEn should appraise the sites on a case-by-case
basis. For instance, there are large areas, which are designated as forests but have no
trees. Perhaps these areas could be considered, with adequate reforestation proposals.

Again, many of the adverse environmental Impacts can be satisfactorily mitigated by
engineering. Examples are high efficiency electrostatic precipitators for particulate
control in ambient air, and cooling towers with properly designed diffusion systems for
thermal discharge control. A site must be selected or rejected on it s specific
characteristics. And here, the role of well prepared environmental impact assessment as
a decision making tool cannot be underplayed.

SITE SELECTION METHODOLOGY

One of the problems we are facing today is that sites. for the projects being proposed
now, were identified many years ago. Environmental criteria were non-existent and
therefore, many of these sites are not acceptable today. We are, thus, placed in an
unviable position where we are trying to defend these sites as environmentally
acceptable. We will, therefore, have to start afresh.

The Central Electricity Authority (CEA) could identify general areas or States where
power plants would be required during the next 50 years. Naturally, the National Policies
and Demands would be considered during the selection of these areas or States.

When this information is available, individual utilities will be responsible for specific site
selection in these areas. The utilities will identify a team for site selection and
investigations. The team will consist of power engineers and environmental specialists at
a fairly senior level, and will involve State administrative, and DOEn/PCB officials in the
site selection process.

Survey of India topographic sheets can then be studied in detail and identify the
exclusion areas, where plants cannot be located due to engineering, economic, or
environmental reasons. Further, several potential sites can be identified on the
topographic maps for further studies.


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Available information on the potential site can then be obtained. Such information will
include geological characteristics, land use patterns, stream flow, aquifer characteristics,
water quality etc. Normally, this information is available with the different Government
agencies. A wealth of information can be had from satellite photographs, which are
available with the Indian Space Research Organization. Ahemdabad.

Based on this exercise, the potential sites are narrowed down to say five or six.

An aerial reconnaissance survey is now in order. The site selection team can view the
potential sites from low flying aircraft. While this exercise is not inexpensive to
experienced power and environmental engineers, the benefits are immediate. Two or
three of the best sites can now be selected.

At this state, field surveys and investigations can be initiated. Feasibility, including EIA
studies can be conducted and the reports prepared. This procedure will ensure the
availability of sites, acceptable from all angles, when needed. Further, the lead time
necessary for environmental clearance will be reduced by at least 18 months, even more
if the DOEn has been involved in the selection procedure.

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2. 2. Procedure Proceduref for Selection or Selection o of Site f Sitef for Thermal or Thermal
Power Project Power Project f for Environmental or Environmental
Clearance Clearance

INTRODUCTION

The Ministry of Environment and Forest (MOEF) has issued Environmental Guidelines
for thermal power project in which criteria and other requirements have been
prescribed. MOEF while reviewing the FR have insisted for changing the location of sites
for some of the proposed projects due to non-adherence of some of the criteria
stipulated in the guidelines. This is resulting in delay in clearance of the projects. It is,
therefore, necessary that the following procedure is adopted while preparing the FR for
all new projects (both coal and gas) in order to avoid delay in environmental clearance.

PROJECT SITING CRITERIA OF MOEF:
(Ref. Environmental guidelines for TPP 1987 issued by MOEF)

Location of thermal power plants should be avoided within 25 kms. of the outer
peripheries of the following:

Metropolitan cities;

National parks and wild life sanctuaries; and

Economically sensitive areas like tropical forests, biosphere reserves, National Parks
and Sanctuaries, important lakes and coastal areas rich in coral formations.

In order to project the coastal areas above 500m of HTL a buffer zone of 500m should
be kept free of any TPS.


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The (chimney) should not fall with the approach funnel of the runway of the nearest
airport.

The site should be at least 500m away from Flood Plain of the Riverine Systems.

The site should also be at least 1/2 km. away from highway.

Location of TPS should be avoided in the vicinity (say 10 km) of places of
archaeological, historical, cultural, religious or tourist importance and defense
installations.

The TPS should be surrounded by an exclusion zone of 1.6 km. and located on the
leeward side of the exclusion zone with respect to the predominant wind direction.
Residential/commercial development should be regulated in the exclusion zone on the
basis of strict land use zoning.

No forest or prime agricultural land should be utilised for setting up of TPS or for ash
disposal.

PROCEDURE TO BE FOLLOWED FOR SITE SELECTION,
PREPARATION FOR FR AND EIA REPORTS.

Initially various alternative locations for the project should be selected based on the
information available from

Toposheets

Forest Map

Census Report


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INFORMATION COLLECTION

For further shortlisting of the alternative locations to meet the criteria laid down by MOEF
in their guidelines, informations are to be collected in details as indicated below. The
groups responsible and groups to be associated for identifying each of the item is
indicated. The area within 25 km. radius from the location of proposed site(s) is to be
covered under study.

Sl. No. Description Source of
Information
Group
Responsible
Group to be
associated
1. Details of Metropolitan
Cities
District
Collector
New Project
Group (ES)
Env. Engg.
(ES)
2. Details of National
Park and Wildlife
Sanctuaries
Dist. Forest
Deptt.
Wildlife Board,
MOEF
Env. Engg.
3. Details of Ecologically
Sensitive areas like
tropical forests, biosphere
reserves, national parks
and sanctuaries, important
lakes and coastal areas
rich in coral formations.
State Forest
Deptt.
Wildlife Board
MOEF NIO,
Goa.
Env. Engg.
4. High Tide Level data for
coastal locations
State Port &
Harbour Deptt.
NlO Goa
New Project
Group
Env. Engg.
5. Details of existing/
proposed Airports/ Airstrips
National
Airport
Authority
New Project
Group
-
6. Details of flood plain of the
Riverine System
State
Cirrigarion
Deptt.
New Project
Group
-
7. Details of State Highways District
Collector
New Project
Group
-
8. Details of the following
within 10 km. Radius of the
proposed location (s).
- - -

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8.1 Places of Archaeological
importance
Archaeological
Society of India
New Project
Group
-
8.2 Places of Historical
Cultural Religious or
Tourist importance.
Dist.Collector
Distt. Tourist
Officer.
-do- -
8.3 Defence installation -do- -do- -
9. Broad Classification of
land in the project area
with emphasis on forest
land/prime agricultural land
involved.
District Revenue
Officer
New Project
Group
Env. Engg.
10. Approximate number of
persons likely to be
affected and no. of houses
likely to be acquired.
District Revenue
Deptt./ Census
Book & local
enquiry
Env. Engg.
11. In line with the circular
issued by DOP, the
representative of MOEF
should be requested to
visit the short listed sites.
New Project
Group
Env. Engg.
12*. Investigation and
preparation of FR
District Revenue
Deptt./ Census
Book and local
enquiry.
New Project
Group
Env. Engg.
13*. EIA Studies and socio-
economic survey
New Project
Group
Env. Engg.

* Note Action for these items shall normally be initiated only after the proposed site
is cleared in principle by MOEF.

Information related to a particular site needs to be collected as per Annexure-I for
Techno-Economic Evaluation and short listing of alternative locations prior to putting
upto MOEF for the in principle clearance of the project.

OTHER RELEVANT INFORMATION

In addition to information stated under item no. 3.1 to 3.5 the following data which are
often sought by MOEF during appraisal should also be collected after the location is
cleared in principle by MOEF.

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Sl.
No.
Description

Source of
Information
Group
Responsible
Group to be
associated

1. Coal Linkage,
Clearance and
execution status
of the linked block
Deptt. Of
Coal/Coal
India/Concerned
Coal Company
Coal Coordn.
Group
New project
Group

2. Water availability and
commitment including
effect on other down
stream beneficiaries
State Irrigation
Deptt./ State
Govt.
New project
Group
-

3. NOC from State
Pollution Control
Board (SPCB)
SPCB
Group
Env. Engg.

4. Site Clearance from
State Department of
Environment (DOEn)
State
DOEn
Env. Engg.
Group
-

5. Environmental
implication of
dedication dam.
State Irrigation
Deptt.
Env. Engg.
Group
New project
Group

6. Forest Clearance
(in-principle)
State Forest
Deptt.
New project
Group
Env. Engg.
Group

FR GUIDELINES

Information on the Site proposed for setting up of Gas/Coal based Thermal Power
Stations.


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PROJECT:

S.No. Description Responsibility

1.0 Location details : New Project Group (ES)

1.1 State/District/Village :

1.2 Latitude / Longitude :

2.0 Approach to Site : New Project Group (ES)

2.1 Rail

a. Nearest Railhead & Distance
b. Type (B.G. / M.G.)
c. Constraints Enroute
:
:
:

2.2 Road

a. Existing highways/roads distance from
site
b. Load Carrying capacity of these
road/bridges, culverts enroutes &
physical condition
c. Constraints enroute.


:

:


:


2.3 Distance from nearest air port :

2.4 Distance from big cities, ports, power
equipment, manufacturing centres.
:

2.5 Distance from nearest airways :

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3.0 Land Availability & Use pattern : New Project Group (ES)

3.1 Extent of Land :

3.2 Type of Land (Agriculture, Barren, Forest
etc.)
:

3.3 Ownership of land :

3.4 To ascertain from local enquiries possible
earlier use of site i.e. for quarrying,
mining, agriculture etc.
:

3.5 Land Prince :

4.0 Topography :

4.1 Ground Profile & levels :

4.2 Permanent feature :

5.0 Soil Condition : New Project Group (ES)

5.1 Presence of any wells (open and/or tube)
in the site and approx. water level. Likely
ground water table in the area form local
enquiries.
:
5.2 Nature of strata anticipated whether soil
or rock is anticipated at shallow depths
:

5.3 Type of foundations adopted for
neighboring structures-both for houses
& for industrial units.
:


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5.4 Presence of black cotton soil :

5.5 Presence of Salt petre :

5.6 Information regarding major geological
fault existing through local geological
department.
:

6.0 Site Data : New Project Group (ES)

6.1 a. Land :
H.F.L. :
M.W.L. :
Flash flood condition :
Area drainage system :
Ground Water flow direction :
Forest Cover, location and type :
Existence of mines & other present
& future development activity.
:

6.2 b. Meteorological data (Monthly
average data for 12 months
preferably for last 10 years)
:

Temperature (Dry bulb & wet bulb) :

Humidity :

Rain fall Intensity (Hourly) :

Run Off coeff. :

Ambient temperature :

Wind Rose :

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7.0 Water : New Project Group (ES)

7.1 Estimated circulating & consumptive
requirement for the proposed/ultimate
capacity
:

7.2 Source of circulating/consumptive water :

7.3 River/Canal water availability & quality :

7.4 Plant storage requirement/canal closure
period
:

7.5 Salient features of Dam/Barrage
existing/ to be constructed
:

7.6 G.W. / T.W. water availability & quality :

7.7 Sea Water Quality :

7.8 Type of cooling envisaged :

7.9 Conveyance System :

7.10 Proposed arrangement for
intake/discharge water
:

8.0 Fuel : Coal Coordination
(For Coal Based)

8.1 Source of coal/gas : HOD/Mech.
(For Gas Based)

8.2 Availability :

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8.3 Quality :

8.4 Estimated Requirements :

8.5 Transportation arrangement
contemplated
:

9.0 General : New Project Group (ES)

9.1 Source of construction & potable water :

9.2 Source of construction power
& start up power
:

9.3 Local schedule of rates :

9.4 Labour rate
Type Wages
i. Unskilled :
ii. Semi skilled :
iii. Skilled :

9.5 Source of availability of construction
material like sand, brick, stone chips,
borrow earth etc.


9.6 Proximity of infrastructure facilities
available hereby


a) Hospitals :
b) Schools :
c) Residential accommodation :

Note:
FR Guidelines for Gas Based Projects will be issued separately after finalisation of site
selection guideline by Department of Environment.

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3. 3. Environmental Impact Assessment Environmental Impact Assessment f for or
Thermal Power Projects Thermal Power Projects

INTRODUCTION

Industrial development is essential in a developing country for the social and economic
upliftment of its people. Energy production can be considered on index of the level of
development. With the vast reserves of coal available in India, coal based thermal power
generation is a major source of energy production. They, however, carry inseparable
adverse environmental impacts. The deteriorating Environmental Quality has gained a
significant importance in India today. The biosphere is finite and the capacity to cleanse
itself although as yet imperfectly understood, seems to be limited. There has been a
growing need for integrating environmental factors into the process or planned economic
development.

The need for assessing the environmental impacts due to the operation of the power
plants has been realised and the concept of Environmental impact Assessment (EIA)
Studies is gaining momentum in our country today. The EIA criteria hinge on the
potential impacts, sensitivity and significance of the affected areas and their importance
and controvertiality in respect of local, regional and national levels. The need to protect
environment has been realized by the National Thermal Power Corporation (NTPC)
quite easy and a full fledged environmental department comprising of a multi-discipinary
team of scientists and engineers has been set up at the corporate level. Detailed EIA
studies for the upcoming and ongoing projects of NTPC are conducted by this group in-
house based on which the environmental clearances are accorded by the Department of
Environment (DOEn).

THE EIA

An Environmental Impact is any alteration of environmental conditions or creation of
new environmental conditions adverse or beneficial caused or induced by the action

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under consideration. The objective of the EIA is to define the existing conditions and
then to identify and quantity the alterations due to the proposed project are fairly easy to
define but the environmental costs another matter. Again, the benefits occur in one
region while the costs are usually in a completely different region or regions. When one
takes into account the power plant, the coal mines, the transmission and transportation
condors the several components of the environment: physical, biological, socio
economic political, etc. the task at hand is, indeed, herculean.

A brief description of the scope and contents of EIAs that are being prepared by NTPC,
with the facit approval of the DOEn, is presented.

SCOPE AND CONTENTS

The EIA studies consist of literature research, field studies and impact assessment. The
areas of studies are Land Use, Water Use, Socio-economics, Soils, Hydrology, Water
Quality Meteorology and Air Quality Terrestrial and Aquatic Ecology and Noise. The four
basic stages of the study are:

Determination of baseline conditions or defining the existing environment in the
areas identified :

Establishing the relevant features of the power plant that are likely to have an impact
on the environment :

Assessing the impacts on the identified areas of environment due to the construction
and operation of the power plant; and

Identifying the mitigatory measure necessary to limit the adverse environmental
impacts to within acceptable levels.

The assessment process is reiterative. The basic design of the plant and environmental
protection devices have to be identified and impacts assessed. In case, the impacts are
not acceptable the designs have to be revised and the impacts reassessed. This
process continues until an acceptable situation is arrived at.

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BASELINE STUDIES

The objectives of this stage of the EIA studies are to define the existing environmental
conditions. Normally an area falling within a 10 km radius of the project is studied in
detail, while the area falling within a 50 km radius is examined for major features. A lot of
information is available from local government agencies and universities. Revenue
records, census reports, the irrigation Department, Forest Department, Inland Fisheries,
the India Meteorological Department, etc. have to be collected and collated. Once this
data is analysed information gaps are identified and a field sampling programme
designed and implemented. The field studies span over a period of one year to
accommodate seasonal variations. A brief scope of the different areas of study follows.

Land Use

Land Use Pattern and the trend is identified with respect to agricultural land grazing,
mining, forests, human settlements, etc. Annual crop yields are collected.
Archoeological, historical, and cultural sites are identified.

Water Use

Existing surface and ground water, used for irrigation, industry, cattle and household
use, recreation and drinking use are identified.

Socio-Economics

A study of the exiting population, migration patterns, socio-economic characteristics,
sources of livelihood and levels, existing infrastructure etc. is carried out.

Soils

Significant soil parameters with respect to their agricultural and forest potential as well
as their physical and chemical properties relating to ground water hydrology are
identified.

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Hydrology

Existing hydrological data for both surface and ground water is determined. This
includes identification of aquifers and their characteristics. A water budget of the area is
prepared.

Water Quality

A sampling network for both surface and ground water characteristic is designed.
Parameters to be measured are in accordance with international drinking water
standards. Temperature and dissolved oxygen profiles of major surface water bodies are
established.

Meteorology

Background meteorological data from the nearest India Meteorological Department
(IMD) stations are collected for the past decade. Parameters of interest are temperature,
pressure, relative humidity wind speed and direction, atmospheric stability (inversion
data), evaporation rates, rainfall, cloud cover and solar intensity. In additional, rainfall
characteristics are identified. In some cases it may become necessary to install an on
site meteorological observatory.

Air Quality

A monitoring network for ambient air quality is designed. Twenty four hour sampling for
sulphur dioxide, oxides of nitrogen and suspended particulate matter is conducted at
several locations at regular intervals. Stock emissions are characterized at existing
industries.

Ecology

Terrestrial: The flora and founa (including avifauna) in the study area is characterised.
Rare and endangered species in the area, nesting, feeding and migrating patterns,
density and diversity of species is determined.

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Aquatic: The ecology of major water bodies is thoroughly investigated. The water
bodies are characterised for trophic status, chemical and thermal pollution, primary
productivity, and densities of plankton, invertebrates, fish and aquatic plants.

Noise

Sensitive areas and activities are identified. A noise monitoring survey is conducted to
characterise the noise environment of sensitive areas.

Power Plant Features

This stage involves the finalization of the conceptual design of the power plant including
the environmental protection devices, such as the flue gas cleaning, waste water
treatment facilities, etc. The emissions and effluents from the plant are then
characterised. Other factors, such as, coal handling, transmission corridors, layout of
plant, ash disposal area, housing colony, cooling systems, etc. are defined.

It is worthwhile to emphasis that the EIA document is a regulatory requirement. Any
revision of the design concepts defined may change the assessed impacts. Therefore,
all revisions in concepts need reassessment of the impacts and theoretically, have to be
approved by the DOEn.

Impact Assessment

This is the most crucial stage and unfortunately, also the most subjective. In many of
the areas of study the impacts can not be quantified. Further, the environmental
conditions in any area are constantly changing. Therefore, the changes due to the power
plant will be in addition to the changes that would have occurred even without the power
plant. However, knowledge gained from experience and research all over the world,
coupled with theoretical and empirical models developed enable trained scientists
and engineers to assess the impacts to a fair degree of accuracy. Again, the degree
of accuracy is different for the different areas. While some models, are fairly easily
validated others such as, ecological models, take many yeas of continuous monitoring.


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Much remains to be known in the field of environmental impact assessment.
Essentially, air quality models using historical meteorological data, terrain conditions,
and emission data predict the increments of the pollutants. This, when superimposed on
the baseline air quality data give the predicted air quality n the different sectors
surrounding the plant. Similarly, water quality impacts are determined through effluent
characterisation and receiving body baseline data. With the impacts on the air and water
environments defined the consequential impacts on the terrestrial and aquatic
ecosystems are predicted. Essentially these impacts are due to the pollution generated
by the plant. Most socioeconomic impacts, however, are not related to pollution.
Different techniques are used to predict socioeconomic impacts. Wherever possible, the
impacts are quantified. Various attempts have been made to develop cost benefit
models for EIAs. To date, no consensus has been reached on the validity of these
models due to some of the difficulties expressed in section 20.

Mitigative Measures

Mitigative measures are the steps taken to minimize the adverse impacts. Once the
adverse impacts are identified, alternative measures are evaluated and the most
appropriate ones are identified for implementation. Mitigative measures are normally
site-specific.

Monitoring Plans

A post-commissioning environmental monitoring pan is normally included in the EIA
Selected environmental parameters are monitored at regular intervals during the life of
the plant. This monitoring serves several purposes.

Demonstrates compliance with environmental regulations and standards.

Serves as an early warning system. and

Information gained can be used to validate and refine assessment techniques.


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The monitoring plan is designed to comply with regulatory requirements and other site-
specific baseline environmental conditions.

NTPC APPROACH TOWARDS EIA/EMP

The basic methodology adopted by NTPC for conducting the EIA studies has been
explained in section 3 above. A lot more is done at NTPC to ensure the protection of
environment to the extent possible. The process towards environmental protection starts
at the site selection stage itself. The site is selected, based on the guidelines issued by
the Department of Environment. One of the very effective means of site selection is
through the use of Satellite imageries. The satellite photographs through LANDSAT are
available since 1974. The French Satellite SPOT gives a detailed account of the vegetal
cover barren and follow land, rocky exposures, crop pattern and surface water
conditions, of present and past. A detailed computer analysis gives the crop yields and
ground water conditions as well.

The baseline data collection involves a significant amount of instrumentation. The air
samples are collected through High Volume Samplers. The collected air samples gives
an idea of the ground level concentration of SPM, SOX, NOX, and CO. The water
sample collected is analysed through various instruments. The catonic composition is
determined through AAS with Carbon Rod Atomiser (CRA) and cold vapour
attachments. The anionic parameters are determined through colorometric analysis (UV-
VZ) spectrophotometer) and ion stripping electrodes. The seaiments and soils are
studied through conventional analytical techniques and XRD and XRF instrumentation.
For detailed studies Electron Scanning for Chemical Analysis (ESCA), Scanning
Electron Microscope (SEM), Transmission Electronic Microscope (TEM) etc. can also be
used.

For environmental study of the Singrauli area, NTPC deployed SODAR equipment for
upper air data. The use of sophisticated instrumentation helps in predicting the impact of
an action on the dynamic environment more precisely. When one talks of environmental
protection normally the general understanding is that air quality and water quality are
major components. One tends to forget that man is the vital component of the eco-
system, and no consideration was given till recently towards the people affected by the

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development activities. For the construction of any Super Thermal Power Plant, a large
area of land has to be acquired with the consequent displacement of a substantial
number of people. The approach of the authorities earlier was to pay cash compensation
for the land acquired. Most of the people being illiterate and ignorant had no means of
knowing how to invest this money for long term gains. Often this money was squandered
for material gains and within short time their economic condition was worse off as
compared to their original status. NTPC is making all efforts in consultation with the state
Government to evolve workable and practical rehabilitation plans for the displaced
persons. Training and other avenues of employment are created so that the displaced
persons have a regular source of income leading to socio-economic contentment
amongst the people. NTPC philosophy is that social contentment of people in the area
plays a vital role in the overall well being of the project.\

Adequate care is taken to avoid acquisition of forest land. The adverse impacts of
deforestation are evident to all of us. Where it is not possible to avoid acquisition of
forest land, compensatory afforestation schemes are formulated and implemented.
Besides, a general afforestation programme in and around the plant, township and ash
disposal areas is designed and implemented. This not only acts as protection measures
for air pollution but also contributes to the increase in the forest cover of the country. Of
late, schemes for reclamation of abandoned ash ponds through afforestation have been
developed and are being executed in all our projects. To sum up, The EIA supported by
various environment management programmes, helps in the overall protection of the
environment, and leads to an ecologically sound industrial development. This is the
approach of NTPC towards environmental protection.

CONCLUSION

The importance of overall environmental protection and the role of EIA towards
achieving this goal has been realised in our country today. The Government has enacted
various laws and acts to ensure this. A beginning has been made in the right direction,
but a lot more needs to be done.

Environmental impact information is costly, it requires scarce resources, such as, time,
money and skilled manpower. Costs are immediate and specific to the decision makers

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while benefits of impact assessment are likely to be realized only in the long run
accruing to the public. Thus, from a project proponents view, EIAs are difficult to justify.
However, the EIA process is a powerful tool in the integrated development programme
of the country and is perhaps a too important to be left on the meagre resources of
project proponents alone.

In view of the scanty experience and a definite shortage of trained professional expertise
in the country perhaps the DOEn could bring together teams of competent impact
assessment professionals in many different areas to conduct EIAs for programme and
regional planning. This would not only give direction to the national environmental
objectives but would also make individual project EIAs easier to prepare and assess and
contribute to the expansion of the available expertise.




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23
4. 4. Air Quality Monitoring Air Quality Monitoring a and Control nd Control

INTRODUCTION

Thermal Power generation accounts for a major percentage of total power generation in
the country. Natural gas, Oil and coal are fuels used in thermal power stations. Gas firing
results in the least pollution problems. Indian coal presents serious problem owing to
high ash content (20%-50%) and relatively more moisture. Air pollution is one of the
inevitable consequences of coal-based generation. Although efforts are being made to
develop alternate sources of energy, the relatively slower pace of development makes
coal a major source of energy in the country at present. The coal-based energy has
assumed greater significance and importance in view of the enormous coal reserves in
India and its role in the countrys plan to achieve economic self-reliance. The natural
sources are of importance in understanding the global background of air impurities and
natural mechanisms of assimilation. The biosphere is finite and the capacity to cleanse
itself although as yet imperfectly understood. Seems to be limited.

In the world today, sampling procedures for pollution measurement and instrumentation
are so oriented as to meet better accuracy, greater sensitivity to reduced pollutant
concentrations more capability for continuous measurement and increased reliability. A
number of engineering designs are formulated to control pollution through efficient
combustion, removal through sorbent: injection and fluidized-bed techniques. NTPC has
taken a lead in the country so far as environmental management is concerned and has
infrastructural facilities for impact assessment studies in detail. Attempts to anticipate
and mitigate environmental problems take root at the planning stage itself. The air
quality and control program adopted by NTPC does meet the presently laid out ambient
and emission standards of pollution control board.

The link between national economic strategy and technological development on the one
hand the emergence of new environmental thinking on the other hand is what is know
popularly known as THE ENTERPRISE CULTURE


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24
PRESENT SCENARIO

SOURCES OF AIR POLLUTION

The sources of air pollution in the Thermal Power Plant are mainly stack, coal handling
plant and ash disposal areas. Even though, the prime importance is presently given to
stack emission control, measures to check fugitive dust emission from the latter two
areas are progressively gaining equal importance.

The air quality monitoring and control is briefly discussed under the following heads:

Ambient air quality measurements
Ambient and Emission Standards
Prediction Methodology
Post-monitoring
Mitigatory Measures
Harmful effects of pollutions.

AMBIENT AIR QUALITY MEASUREMENTS

The primary objective of this monitoring is determine the background pollution level. The
background air quality measurements are carried out presently by the R & D
department. The monitoring sites for this purpose are governed by the accessibility,
meteorological conditions and the local surroundings (topography). Generally, the
sampling is done at 4-12 m above the ground level to avoid interferences of trees,
building etc. The three and twelve month data is included in the interim and detailed
environmental impact assessment reports respectively.

The sampling locations are jointly identified by the environmental engineering and R&D
departments in the field, based on the above criteria. The monthly measurements for
SPM, SO2 & NOx on 8 hourly average basis are carried out in the field for all locations.
The samples thus collected are analyzed in the laboratory for determining the
concentrations of SPM, SO2 and NOx.

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25
AMBIENT AND EMISSION STANDARDS

The Government of India in recent years has become increasingly conscious of the
environmental crisis engulfing the country while recognizing the importance of
maintaining and restoring the wholesomeness of air environment and controlling
pollution. It has enacted the Air Act, 1981 and Environment Act, 1986. The ambient
and emission standards in India for thermal power plants are presented in Tables 1&2
respectively.

PREDICTION METHODOLOGY

The knowledge on meteorological characteristics of the study area is important as the
transport and diffusion of the pollutants in the atmosphere is governed by them. The
primary meteorological factors (wind speed, wind direction and stability) are responsible
for dispersion and diffusion whereas secondary factors (temperature, relative humidity,
precipitation and pressure) have also a role in the transmission of air pollutants, though
indirectly. The background meteorological data from the nearest India Meteorological
Deptt. (IMD) station for the past 5-10 years is collected and analyzed.

The climatological charts are prepared for temperature, rainfall, relative humidity and
wind roses based on the above data. The plant characteristics pertaining to coal/gas
consumption, sulphur/nitrogen content, stack diameter, flue gas temperature and volume
flow rate are incorporated in the computer modeling for SO
2
/NO
x
predictions (Long
term). The ground level concentration (glc) of pollutants on seasonal and annual basis
for different stability classes are worked out with the help of an appropriate Gaussian
Dispersion Model. The long-term concentration values are computed at 1 km intervals in
the 16 geographical directions upto 20 kms from the plant. As the purpose is to predict
long terms concentrations emanating from the plant, a single source emission is being
considered. Worst-case consumption are incorporated for the very same purpose. The
climatological data collected from the IMD is normally assumed to be representative of
the site meteorological regime and are incorporated into the model.


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26
The isopleths prepared based on the computer results indicated the zone and direction
of the likely affected area around the project. The predicted concentrations are
incremental values to the existing background level. The short term concentrations,
similarly, are worked out based on an appropriate Gaussian Dispersion Model.

POST MONITORING

The monthly monitoring of ambient air quality around the operating projects is being
carried out by the Chemistry group. The measurements are carried out at selected
locations around the power project in the core area. The locations chosen for ambient
monitoring in the area of likely impact are well suited for continued monitoring.

Regular monitoring of stack emissions from the operating units is similarly being
conducted by the project. This is done by means of a stack sampler for emission levels
of particulate matter, SO2 and NOx once a month. The maintenance of ESP is given
high priority to ensure compliance with standards for particulate emission.

MITIGATORY MEASURES

Electrostatic precipitators (ESP) of high efficiency are installed to control particulate
emission from the plant. The ESP efficiency limiting emissions below 150mg/Nm3 was in
practice before the enactment of the standards. However, their efficiency is reiterated to
limit the outlet emission to 100mg/Nm3 in the project subsequently. The tall stacks
facilitate wider dispersion of the gaseous emission as there are no standards for the
same in India. In addition, the efficient boiler design helps in controlling the NOx
emissions.

The fugitive dust from coal handling area is controlled by sprinkling water. The blanket of
water maintained continuously over the ash pond area similarly checks fugitive emission.
The extensive plantation in and around the plant area and township acts as sink for
pollutants.


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27
HARMFUL EFFECT OF POLLUTANTS

The fugitive dust emissions from coal handling and ash disposal area are stable
pollutants that accumulate in the environment through deposition on surfaces of
materials and plants. This reduces visibility in the atmosphere and solar radiation. Their
deposition on leaf surface and accumulation in the soil medium affects vegetation. The
particulate concentration in the environment results in changes of solar radiation,
decrease in chlorophyll level and interruption in gaseous exchange. The alterations in
pH induced by the dust and other physico-chemical properties of soil disturb the plant
growth.

The studies on the effect of SO
2
on vegetation is of recent origin. The SO
2
and NO
X
concentrations in the environment cause foliar injury, micromorphological changes and
changes in growth and productivity. It is not their direct effect on entities that warrant
concern.

These are the primary input reactions of intricate series of photochemical reactions
which produce irritants and oxidants.

Dust concentration in the ambient air result in numerous health problems such as
Pneumoconiosis, nervous weakness, and bronchitis leading cancer among humans. The
gaseous emissions lead to increased mortality, impairment of mental functions, etc.

FUTURE PLAN

The rapid expansion program envisaged by NTPC will lead to the emphasis on the
multisource emissions unlike the present single source. It will, therefore, be ideal to set
up permanent meteorological and air quality stations at the projects in order to achieve a
better air quality monitoring and control for the future.

The procurement of equipment and establishment of the above stations should be the
responsibility of the project personnel. The meteorological station with the equipment
enlisted an Annexure-I will generate the data on not only primary parameters but also

PMI, NTPC

28
the secondary parameters which are so vital in understanding the air quality around the
projects. This would enable NTPC to maintain meteorological data of the particular
location instead of banking on the data accumulated from the nearest IMD station.

The air quality station with continuous monitoring equipment (Annexure-II) should be
located in the downwind direction based on the computer predictions. An Automatic Dust
Sampler for continuous monitoring of Suspended Particulate Matter (SPM) will be
extremely useful in the air quality station.

The Correlation Spectrophotometer is a unique all weather portable remote sensing
electrochemical device for stack monitoring. Its sensitivity to even cloudy and rainy
conditions makes it more efficient than the High Volume Sampler that is presently
employed.

There are practically, no FGD plants at power stations in India to date. However, with
rapid industrialization and the concentration of power generation activities and other
diverse industries in certain areas, these have been growing concern about SO
2
levels.
The space for FGD plants is being provided in the new projects. In case the continuous
motoring warrant higher concentrations than the stipulated values, FGD will have to be
provided.

In fact, very stringent NO
x
emission standards are under active consideration in many of
the European countries, USA and Japan. It can be seen from emission standards (Table
3) that they are much lower compared to SO
2
.

The injection of Ammonia into high temperature flue in the range of 850 deg.-1200
o
C in
oil/gas fired power plants in Japan is believed to remove 65-90% NO
x
. This process is
known popularly as Selective Catalytic Reduction (SCR).

Both soil and vegetation of an ecosystem remove atmospheric contaminants through a
variety of natural mechanisms. In the Extensive afforestation program proposed for
plant, township and green belt zones, a number of species with high air pollution
tolerance index are included to act as sink for pollutant absorption. Similar exercise
around the ash disposal area right from the beginning will serve to check fugitive dust

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29
emissions. A humble beginning on reclamation of abandoned ash ponds has already
been made at NTPC.

CONCLUSION

Pollution is not a static phenomenon but a dynamic one. There is a direct relationship
between development processes and pollution generation. Although NTPC has realized
this fact and has taken initiative in establishing an environmental group to address on
such sensitive matters, we cannot afford to be complacent. More emphasis has to be
laid on monitoring aspects through sophisticated instruments at all our projects Steps
have been taken in framing a more realistic and workable monitoring program, results
can only come out through serious implementation by the project authorities.

There is always a scope for improvement in the techniques of air pollution control and
the environmental group has a mojor role in keeping NTPC abreast of the latest
developments so that pollution due to this very important source in thermal power can be
minimized if not completely mitigated/removed.

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30
TABLE 1

AMBIENT AIR QUALITY STANDARDS

Area Category Concentration Microgrammes per metre cube

SPM SO
2
CO NO
x


A Industrial &
mixed-use
500 120 5000 120

B Residential
& Rural
200 80 2000 80

C Sensitive 100 30 1000 30


TABLE 2

EMISSION STANDARDS FOR THERMAL POWER PLANT (INDIA)

PARTICULATE

Boiler Size Old New (after 1979) Protected Area

Less than 200 MW

600 mg/Nm
3


350 mg/Nm
3


150 mg/Nm
3


200 MW and above

150 mg/Nm
3


150 mg/Nm
3



SULPHUR DIOXIDE

Boiler Size Stack Height

200 MW and more to less than 500 MW 200 metres

500 MW and More 275 metres

Less than 200 MW H=14 (Q)0.3


Q = Sulphur dioxide emission in kg/hr

H = Stack height in metres


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31
TABLE 3
EMISSION STANDARDS FOR TPP (COAL FIRED)

FOR DIFFERENT COUNTRIES
Country SPM SO
2
NO
x
CO

(mg/Nm
3
of effluent gas)

Australia 250 - 2500 500

Denmark 150 - - -

Federal Republic of
Germany
100
(Lignite coal)
2845 - 250
150
(Hard coal)


Italy - 2000 - -

Japan

Urban 200 500 767 -
Rural 400 2500 - -

U.K. 115 - - -

U.S.A. 45 1900 950 -


AIR QUALITY
(PRESENT SCENARIO)

ENVIRONMENTAL IMPACT ASSESSMENT

Collection of meteorological data for 5-10 years.

Field measurements of background pollution Ambient Air Quality : Monthly
measurement

Interim Report - 3 months data
Detailed - 12 months data

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32
Preparation of climatological charts for temperature, rainfall, relative humidity and
wind roses.

Modelling for SO
2
/NO
X
concentration Long term prediction.

Seasonal Isopleths preparation.

Modelling for SO
2
/NO
x
concentration Short term predication.

SOURCES OF POLLUTION

Stack

Coal Handling

Ash Disposal

POST-MONITORING

Ambient - Monitoring at selected Points in the core area.

Stack - For emission levels of SPM, SO
2
and NO
x
Maintenance of ESP to
ensure compliance with standards.

MITIGATORY MEASURES

SPM Electrostatic Precipitators (ESP
s
)

SO
2
Tall Stacks

NO
x
Boiler Design


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33
AIR QUALITY
(FUTURE PLAN)

METEOROLOGICAL OBSERVATORY STATION

Equipment required for the station:
Wind Vane Aneroid Barometer
Dry & Wet Bulb Thermometer Cup Counter Anemometer
Open Pan Evapometer Rain Gauge
Sunshine Recorder

Procurement and implementation
(Responsibility Project Authorities)

AIR QUALITY STATION

To be located in the down wind direction based on computer results with the
following equipment for continuous monitoring :

Ultraviolet Analyser
Electrochemical Analyser
Pulsed Fluorescent Analyser
Chemiluminescent Analyser
Automatic Dust Sampler

Air Quality Monitoring is to be done once a week for 24 hours on 8 hourly
average basis as per CPCB regulation.

STACK MONITORING

Continuous monitoring through Barringer Correlation spectrophotomer.


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34
ASH DISPOSAL AREA

Afforestation with suitable species to primarily check dust emission.


PMI, NTPC 35
5. 5. Water Pollution Water Pollution a and Control nd Control

INTRODUCTION

The power generation industry uses large quantities of water. In India, water pollution
caused by thermal power plants is not considered to be significant and takes a second
place when compared to air pollution.

An overview of water management techniques for coal-fired power plants is presented in
this paper. Topics discussed include environmental regulations, water requirements,
wastewater generated, treatment requirements, and technologies for total reuse. As an
example, a water management plan for a typical 4x210 MW generating station is also
presented.

EFFLUENT REGULATIONS

The Central Board for the Prevention and Control of water Pollution is the agency
responsible for formulating effluent regulations for various industries. Normally, the state
pollution Control Boards adopt and enforce the effluent regulations. The states may,
however, adopt regulations that are more stringent than those recommended by the
Central Board. In May, 1986, the Central Board issued the Minimal National Standards
(MINAS)for thermal power plants in their Comprehensive Industry Document Series
(COINDS/21/86). These standards prescribe the minimum standards for wastewaters
discharged from condenser cooling, boiler blow down, cooling tower blow down and ash
ponds for thermal power plants. The relevant standards are reproduced as appendix-I. In
addition, several States have adopted the Bureau of Indian Standards Tolerance Limits
for Industrial Effluents, IS: 2490 (Part-I), 1981. The limits for industrial effluents into
inland surface waters are reproduced in Table-I, All new industries are required to obtain
a Consent Order from the concerned State Board prior to commencing operations.


PMI, NTPC 36
REFERENCE STATION WATER REQUIREMENT

The typical generating stations selected for the purpose of this presentation consists of
four 210 MW coal-fired units. The station is located near an adequate source of surface
water and utilizes a one-through condenser cooling system.

In order to help visualize the reference plant a few typical statistics are presented. A
modern coal-fired station in India, occupies around 400 acres. The main structure is 60
m high, while the stacks are 220m high. The station burns around 520 metric tones of
coal per hour and generates ash at the rate of 180 tones per hr. As much as 800 acres
of land is required for disposal of the ash over the life of the plant. In addition,
approximately 100 acres of land are required for the township to house the 1500
operating personnel.

Water requirement for coal-fired stations are discussed in the following sections. The
water balance diagram for our reference station is presented as Figure-I.

Condenser Cooling

The condenser cooling water flow is dependent on the heat dissipation required and the
design temperature rise in the effluent stream. With a 10 C temperature rise, the total
circulating water requirement for our reference station is 126,400 m
3
/hr. This includes
the water requirements for auxiliary cooling. Normally, the cooling water is withdrawn
from the surface water source and the heated water is discharged back into the surface
water.

An alternative to once-through cooling is a re-circulating cooling system which is
sometimes used in India. In this system the heated water is cooled, mostly through the
use of evaporative cooling in cooling towers, and re-circulated through the condensers.
In this case make-up water is required to compensate for system losses. Cooling towers
are discussed in section 4.1.2.


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Demineralized Water System

In todays boilers, it is critical that the feed water be of the highest quality. Concentration
of total solids in the fed water is usually less than 0.15 mg/1. In order to maintain boiler
water quality, demineralize trains are utilized for the feed water, and the condensate. A
small quantity of make-up feed water is required to compensate for boiler blow down and
other losses. In addition, demineralize water is used for initial filling and periodic
chemical cleaning of the boiler. At the reference plant, average water requirements for
the demineralizers are 160 m
3
/hr. which includes regeneration water requirements.

Ash Transport

A major water requirement at coal-fired power plant is for ash transport. Fly ash is
collected, dry, at the electrostatic precipitators. Bottom ash is collected at the bottom ash
hoppers. The ash is conveyed, hydraulically, to the ash slurry pump house and then to
the ash disposal area in slurry form. At our reference plant the average water required
for ash transport is 3200 m3/hr.

Miscellaneous

Other water requirements at a power plant are for pump bearings and sealing, air
conditioning and ventilation, coal dust suppression, service and drinking water, etc.
Normally surface water sources have varying amounts of suspended solids and are not
suitable for the above requirements without treatment. Pretreatment, in the form of
flocculation and clarification, is usually provided. Average requirements for pretreatment
water at our reference plant are 896 m
3
/hr., which includes the input requirement for the
demineralize water system.


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WATER MANAGEMENT TECHNIQUES

Condenser Cooling

Power Engineers prefer to use once-through condenser cooling wherever feasible. This
is because of operational efficiency of once through cooling when compared with a
recirculating system. This, however, presents two problems. One is a regulatory one.
While condensers are normally designed for a temperature increase of between 8 and
10 C in the effluent, the MINAS regulations required that the temperature of the effluents
be no more than 5 C above the intake water temperature. Further, ISI guidelines specify
that the receiving water body temperature may not exceed 40 C. This implies that in
future condensers for once-through cooling will have to be designed for a water
temperature rise of 5 C, which in turn implies additional costs and substantial quantities
of additional water.

Normally condenser-cooling water is chlorinated to prevent biological fouling of the
condensers. It is essential to carry out optimization studies so that chlorination is carried
out at the minimum levels necessary. Chlorination should be for a few hours per day per
unit and for one unit at a time. This is to minimize the free available chlorine
concentrations in the final effluent.

Thermal Pollution

The other problem with once-through cooling is thermal pollution. Large quantities of
hot water discharged into a natural water body (river, lake, or sea) affect the physical,
chemical, and biological characteristics of the receiving water bodies. Changes also
occur in metabolism, reproduction, and development rates of many organisms. These
changes result in a change in the structure of the aquatic ecosystem. Another possible
impact of the thermal discharges on the aquatic community is due to thermal shocks,
that is a rapid change in temperature caused during start-up and shut down of the
stations. Of course, for a multi-unit station this possibility is reduced.

Again, not all the changes that may occur due to thermal discharges are detrimental.
Sometimes, the heated discharges may prove to be beneficial to certain commercial

PMI, NTPC 39
species. It is, therefore, all the more important to be able to predict the impacts of the
heated discharges on the natural water bodies. Impact assessment studies are normally
conducted to predict the impacts.

Preliminary assessments have to be made during the site selection stage, so that sites,
where significant adverse impacts are probable, can be avoided. In some cases, many
of the adverse impacts may be mitigated by proper design. Such mitigating measures
include modifications in the design of discharge structures to enable rapid mixing and
smaller mixing zones. In extreme cases, it may become necessary to utilize cooling
towers to reduce the thermal discharges in to natural water bodies.

Cooling Towers

Significant reductions in the withdrawal of surface waters can be achieved by the use of
a recirculating condenser cooling system. The heated water cooled in evaporative
cooling towers and recirculated. The evaporation rate is dependent on plant design and
meteorological conditions. For example, had cooling towers been used at our reference
plant, the annual average evaporation losses would be in the order of 2400 m
3
/hr.

The circulating cooling water chemistry has to be studied carefully to maintain the
desired water quality. Ideally, the water should neither be corrosive nor be scale-forming.
The water quality is normally maintained by blowing down a certain portion of the
circulating water. Make-up water is required to replace the water lost through
evaporation, blow down, and drift. Cooling tower drift is the water lost in the form of
droplets escaping along with the evaporative losses. However, now-a-days cooling tower
drift losses are controlled to be minimal and can be ignored for the purposes of these
calculations.

A study of the make-up water chemistry enables the selection of an optimum cycles of
concentration for cooling towers. Some treatment in the form of corrosion inhibitors or
acias may become necessary. A biocide, normally chlorine, is usually necessary to
control biological fouling. However, all efforts should be made to avoid chemical
additions and minimize chlorination.


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Drastic reductions in both make-up and blow down water quantities may be achieved by
increasing the cycles of concentration in the cooling tower. Cycles of concentration is
defined as the ratio of the concentration of total solids in the re-circulating water to the
concentration of total solids in the make-up water. Assuming a fresh water intake,
concentration factors between three and five are fairly common. A re-circulating cooling
system, as an alternative to once-through cooling for our reference plant, along with
variations in make-up and blow down quantity for different cycles of concentration is
present in Figure-II.

Blow down quality is a function of the make-up water quality and the concentration
factor. Residual chlorine concentrations should be kept at a minimum. This is
accomplished by chlorinating for short intervals and not blowing down while chlorinating.
Cooling tower blow down can be reused for ash transport.

Demineralized Water Systems

Discharges from the demineralized water system are boiler blowdown, demineralizer
regeneration wasters and periodic boiler cleaning wastes.

Boiler Blowdown

Boiler blowdown is usually high quality water and quantities are small. The blowdown
may be alkaline and may require neutralization prior to reuse or discharge.

Demineralization Regeneration Wastes

Demineralization regeneration wastes are usually high in dissolved and suspended
solids and show wide variations in pH. The concentrations of various parameters in the
regeneration wastes are about five to seven times the concentrations in the input water.
Sodium and sulphate or chloride ions from the regeneration chemicals are also added. A
degree of self-neutralization can be achieved by detention in holding basins.
Neutralization may be required.


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Boiler Cleaning Wastes

Boiler and other metal cleaning wastes are generated periodically by routine
maintenance chemical cleaning operations. Frequencies may vary from twice a year to
once in five years. Total waste volume per cleaning period may be in the order of two to
three times one boiler fill or around 1000m3. These wastes are high in suspended solids,
iron and sometimes copper, and normally require sedimentation and chemical
precipitation of dissolved iron and copper. Normally, metal cleaning wastes are retained
in holding basins for treatment at low rates.

Reuse of demineralizer wastes after treatment is feasible, however, the intermittent
nature of these wastes makes reuse difficult unless space is available for storage for
long periods.

Ash Transport

Ash transport water normally picks up dissolved solids from ash. In addition, depending
on the design and operator of the ash pond, large quantities of suspended solids may be
present. Wide variations in pH of the ash transport water have also been observed. The
range of concentrations of the various parameters of ash transport waters, monitored by
the National Thermal Power Corporation at its operating stations is presented in Table-II.
It may be noted that the data available for Indian stations is very limited. Extensive
monitoring of ash pond discharges at different power stations in India is necessary
before an adequate database is built up and proper predictions can be made.

The normal method of ash disposal in India has been transport in slurry form of the fly
ash and bottom ash to lowlying areas, preferably barren, in the vicinity of the plant.
Natural depressions are utilized where possible otherwise dykes are built surrounding
the area. Recirculation of ash transport water is not practiced. The overflow from the ash
pond is discharged into a surface water body. More often than not, the ash ponds and
the overflow structures are poorly designed and result in substantial carry over of the
ash, thus seriously degrading the natural water bodies. The possibility of water pollution
arising out of trace elements in the ash transport water and leachates was seldom
considered.

PMI, NTPC 42
The disposal of ash in ponds with supernatant discharge into natural bodies can be
environmentally acceptable, provided that the supernatant meets the discharge criteria.
The pond and overflow must be properly designed such that suspended solids carry
over is minimal. The impact of the supernatant on surface water bodies must be
assessed. Further, ground water contamination from the leachates has be to studied.
Leachates may be controlled through the use of clay liners if necessary. Neutralization of
the supernatant may also be necessary. The ash pond has to be operated so as to
maintain a blanket of water over the ash of all times to prevent fugitive dust emissions.

In developed countries, most power plants utilize a pneumatic fly ash transport system
with the fly ash being disposed in landfills. This, however, requires careful management
to prevent fugitive dust. Bottom ash can also be conveyed by conveyors, yielding an
essentially dry product for disposal. Normally, a recirculating bottom ash transport
system is utilized. The water is recycled either from the ash pond or from ash dewatering
bins. Recirculating bottom ash systems usually require a small blowdown to minimize
sealing. The blowdown may be discharged after suspended solids removal and if
necessary, neutralization. Make-up water will be required to compensate for the
blowdown and other loses. A zero blowdown bottom ash sluice system can also be
designed by incorporating sidestream softening.

Thus, while it is environmentally feasible to use a once-through ash transport system,
substantial water savings can be achieved by utilizing a dry or recirculating ash transport
system. Contamination of natural water bodies is also minimized through the use of
these dry or recirculating systems.

Thus, while it is environmentally feasible to use a once-through ash transport system,
substantial waste savings can b achieved by utilizing a dry or recirculting ash transport
system. Contamination of natural water bodies is also minimized through the use of
these dry or recirculating systems.

Miscellaneous

Sanitary Wastes


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Sanitary wastes are normally treated in oxidation ponds or in small extended aeration
package plants.

Floor and Area Drains

Miscellaneous plant drains usually contain suspended solids, oil and grease, detergents,
etc. Normally these wastes are collected and routed through oil separators and
sedimentation basins.

Rainfall Runoff

Rainfall runoff from coal storage and handling areas is high in suspended solids. The pH
of the runoff may vary over a wide range. Other paved areas at the plant may also
generate contaminated runoff. Oil storage and handling area runoff is likely to contain oil
and grease.

All such areas need to be identified and runoff collection systems designed. Normally, a
sedimentation basin is provided to store a one in ten year, 24 hour storm. Oil separator
must be provided for runoff contaminated with oil. Neutralization facilities may also have
to be provided.

REFERENCE STATION WATER MANGEMENT PLAN

The objective of a water management is to optimize the use of plant water resources
while satisfying environmental requirements. The water management plan must :

Be cost effective

Meet applicable regulations

Be environmentally acceptable

Maximize water reuse within the plant

PMI, NTPC 44
Minimize water intake and discharge

Be technically feasible

The water management plan selected for the reference station is an attempt in this
direction. The major constraint in India has been the acceptability of water management
plans by power engineers. This was primarily because of a lack of awareness of the
benefits and costs. As such water reuse within the plant is minimal. However, the plan
presented is environmentally acceptable and similar systems are, in fact, being
implemented at our power stations.

The influent sources of water are surface water and rain water. The points of discharge
are condenser cooling water, ash pond overflow, and sedimentation basin discharge.
Depending on the physical location of these discharges they may be combined. The only
recycling of water is the utilization of the condenser cooling water for ash sluicing.
The wastewater treatment facilities incorporated are as follows. The demineralization
system wastes are drained to a flow equalization and holding tank for temporary storage.
The holding tank is sized to hold the wastes generated by one complete cycle of boiler
clearing for one unit. From the holding tank the wastes are treated in a clariflocculator
where chemical precipitation of iron is achieved. Effluent from the clariflocculator is
discharged into the sedimentation basin.

Miscellaneous wastes from various plant drains etc., will be directed to the
sedimentation basin through oil separators. Plant sanitary wastes are treated in an
extended aeration package plant prior to discharge into the sedimentation basin.
Wastewater discharges from the pretreatment plant, coal handling area, and rainfall
runoff from the coal storage are will also drain to the sedimentation basin. This basin is
sized to provide 24 hours detention to the once-in-ten year storm water runoff from the
coal storage area. The discharge from the sedimentation basin will be to the surface
water body.

The final pH of the sedimentation basin effluent and the ash pond overflow can not be
predicted. It is, therefore, necessary to plan for the neutralization of these effluents.
Once the plant goes into operation, neutralization facilities can be provided, if necessary.

PMI, NTPC 45
WATER MANAGEMENT

Water management is an important aspect of power plant design. A water and waste
management study should be conducted during the early phases of a project. Close
cooperation with other disciplines is essential to the formulation of a sound water
management plan. The degree of water pollution control measures to be implemented
are highly site specific and overall environmental impacts must be assessed.

Ground water pollution is a special concern. Leachates from coal and ash may often
contain unacceptable concentrations of toxic substances. Potential impacts on ground
water aquifiers should be evaluated. It may be necessary to provide impervious liners,
natural or artificial, under the coal storage areas and ash disposal sites. A ground water
monitoring programme may also be desirable.

Another potential source of discharge of toxic pollutants into surface water is the ash
ponds. Fly ash contains several trace elements and depending on the water
characteristics toxic quantities may be discharged into the environment. It is almost
impossible to predict concentrations of toxic pollutants in the discharge. Therefore, these
discharges must be closely monitored. This is also true for rainfall runoff from coal
storage areas.

SUMMARY

We have discussed some concepts of water management for coal-fired power plants.
Today power plants can and are being operated without degrading water resources.
Similar advances have been made in the fields of air and land pollution control.
Substantial progress has also been made in other areas of water reuse, such as reuse
of treated municipal wastewater for cooling tower make-up and utilization of heated
discharges from power plants. It is our responsibility to continue to seek new and better
methods of cool water reuse.

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TABLE 1
TOLERANCE LIMITS FOR INDUSTRIAL EFFLUENTS INTO INLAND SURFACE
WATERS

Sl. Characteristic Tolerance limit in mg/1
No. (Except where noted)

1. Suspended solids 100

2. Dissolved solids (inorganic) 2100

3. pH value (Standard Unit) 5.5 to 9.0

4. Temperature, degree C Shall not exceed 40 in any
section of the steam with in
15 metres downstream from
the effluent outlet.

5. Oil and Grease 10

6. Total residual chlorine 1

7. Ammonical nitrogen (as N) 50

8. Total Kjeldhal nitrogen (as N) 100

9. Free ammonia (as NH3) 5

10. Biochemical oxygen, demand
(5 days at 20 C) 30

11. Chemical oxygen demand 250

12. Arsenic (as As) 0.2

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13. Mercury (as Hg) 0.01

14. Lead (as Pb) 0.1

15. Cadium (as Cd) 2

16. Hexavalent Chromium (as Cr+6) 0.1

17. Total Chromium (as Cr) 2

18. Copper (as Cu) 3

19. Zinc (as Zn) 5

20. Selenium (as Se) 0.05

21. Nickel (as Ni) 3

22. Boron (as B) 2

23. Percent sodium -

24 Residual sodium carbonate -

25. Cyanide (as CN) 0.2

26. Chloride (as Cl) 1000

27. Fluoride (as F) 2.0

28. Dissolved phosphates (as P) 5

29. Sulphate (as SO4) 1000


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30. Sulphide (as S) 2

31. Pesticides Absent

32. Phenolic compounds
(as C6H5OH) 1

33. Alpha emitters. uc/ml 10-7

34. Beta emitters, uc/ml 10-6


Source: IS : 2490 (Part 1) 1981

TABLE-II
ASH TRANSPORT WATER QUALITY DATA

Sl. No. Parameters Range : mg/1

1. Chlorides (Cl) 3.00 to 34.00

2. Fluorides (F) 0.14 to 2.10

3. Nitrates (N) 0.18 to 0.5

4. Sulphate (SO4) 9.00 to 134.64

5. Calcium (Ca) 16.00 to 25.00

6. Iron (Fe) 0.005 to 35.60

7. Magnesium (Mg) 7.2 to 18.20

8. Potassium (K) 0.99 to 6.00

PMI, NTPC 49

9. Sodium (Na) 6.00 to 50.00

10. Arsenic (As) 0.002 to 0.05

11. Cadmium (Cd) 0.0006 to 0.01

12. Chromium (Hexavalent Cr) 0.005 to 0.05

13. Copper (Cu) 0.0005 to 0.1

14. Lead (Pb) 0.02 to 0.1

15. Manganese (Mn) 0.003 to 0.6

16. Mercury (Hg) 0.001

17. Selenium (Se) 0.005

18. Zinc (Zn) 0.01 to 0.14

19. Cyanides (CN) 0.003

20. Detergents (As MEAS) 0.6 to 0.8

21. Phenolic compounds (As Phenol) 0.001

22. Total Hardness (As CaCO3) 76 to 300

23. Total Dissolved Solids 120 to 956

24. pH (Standard Units) 7.4 to 11.5

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Appendix 1

MINIMAL NATIONAL STANDARDS
THERMAL POWER PLANT

COMPREHENSIVE INDUSTRY DOCUMENT SERIES
COINDS/21/1986

CENTRAL BOARD FOR THE PREVENTION
AND CONTROL OF WATER POLLUTION
NEW DELHI

TABLE 3.1
MINIMAL NATIONAL STANDARDS FOR CONDENSER COOLING WATERS
(Once-through cooling system)

Parameters Maximum limiting concentration

pH 6.5 8.5

Temperature Not more than 5 C higher than the
intake water temperature

Free available Chlorine 0.5 mg/1



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TABLE 3.2
MINIMAL NATIONAL STANDARDS FOR BOILER BLOWDOWNS

Parameters Maximum limiting concentration (mg/1)

Suspended solids 100.0

Oil and grease 20.0

Copper (total) 1.0

Iron (total) 1.0



MINIMAL NATIONAL STANDARDS FOR COOLING TOWER BOWDOWN

Parameters Maximum limiting concentration (mg/1)

Free available chlorine 0.5

Zinc 1.0

Chromium total 0.2

Phosphate 5.0

Other corrosion inhibiting Limit to be established on case
Materialscase by case basis





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MINIMAL NATIONAL STANDARDS FOR ASH POND EFFLUENT

Parameters Maximum limiting concentration (mg/1)

pH 65 8.5 preferably greater than 7.0

Suspended solids 100

Oil and grease 20

No limits for heavy metals given for present.




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6. 6. Ash Disposal System Ash Disposal System

INTRODUCTION

Thermal power is still the major source of power all over the world. In India, more than
55% of power generation is from coal fired power plants. The present trend suggests
that coal will continue to be the major source of power generation in the foreseeable
future. Ash is a major byproduct of coal combustion. In India, where coal made available
for power generation is very high in ash content, the disposal of ash is beginning to be a
major issue. In addition, current ash disposal practices in India are, to say the least,
rather haphazard. This has led to severe environmental issues related to ash disposal,
and guidelines for disposal site selection, and guidelines for disposal site selector, and
design of disposal facilities.

ASH CHARACTERISTICS

The products generated due to coal combustion, can be classified into three categories
(a) bottom ash, (b) fly ash, (c) gases and vapours, Bottom ash is that part of the
residue which is fused into particles, heavy enough to overcome the buoyancy of the
furnace gas stream, and is collected at the bottom of the furnace. Fly ash is the portion
which gets entrained in the gas stream, and is carried out of the boiler. The amounts of
fly ash and bottom ash generated depend upon the combustion process and coal
characteristics. About 50 to 80% of the ash produced, by weight, is fly ash. The grain
size distribution of fly ash is the most important physical characteristic, which influences
its disposal or use. More than 50% of the particles, by weight, collected through
Electrostatic Precipitators (ESP) are finer than 5 micron. A typical fly ash sample
contains 26 to 51% fine sand, 45 to 70% salt, and 1 to 20% clay.

The most interesting components of fly ash cenospheres. These are tiny particles,
ranging between 20 and 200 microns, filled with gaseous oxides of carbon and nitrogen.
The gas filled particles remain suspended for long periods, leading to environmental

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54
problems. Cenospheres constitute upto 20% of fly ash by weight and have a chemical
composition similar to that of fly ash.

The chemical composition of the ash depends largely upon the geological environment
under which the coal was deposited. In India, coal occurs in two broad geological
horizons, namely, Gondwanas and check original. The former are high in ash content
and low in sulphur content while the reverse is true for the latter. The concentration of
major elements is fly ash is presented in Table-1.

The trace elements presents in fly ash impart toxicity to it. Concentration of some trace
elements in fly ash is presented in table 2. Fly ash contains 20 to 50 trace elements,
some of them radio active. A substantial number of the trace elements present in fly ash
are soluble water.

ENVIRONMENTAL ISSUE

At most power stations in India, ash is slurried in water and is disposed, very casually, in
nearby low-lying areas. From various case studies, it is evident that current ash disposal
practices are highly inadequate. Facilities for proper sedimentation are seldom provided
resulting in the carry over of the large concentrations of ash in to natural water bodies.
Toxic concentrations of trace elements are after discharged into rivers and lakes, and
leachates in the disposal area dry up causing re-entrainment of fly ash by winds creating
a fugitive dust nuisance party negating the benefit of high efficiency electrostatic
precipitators.

From an environmental point of view, bottom ash is fairly inert and, therefore, relatively
safe. However, fly ash is rather reactive. Due to the presence of various acid and base
metals, ash water mixtures exhibit a wide rang e of pH. Many of the toxic elements
present in the ash are solute in water in various degrees, depending on the pH of the
ash slurry. This paper concentrates on the control of seepage and fugitive dust from ash
disposal areas.


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55
ASH EXTRACTION SYSTEMS

At thermal power plants, the bottom and fly ash extracted is normally mixed with water
and the slurry transported to the ash disposal area. This is generally known as the wet
disposal system. However, with the advancements in the field of ash disposal, the NTPC
has adopted a dry disposal system for ash at one of its upcoming plants, where it was
considered to be environmentally advantageous. A brief description of the various
systems is given below.

Bottom Handling System

The two most commonly employed systems for bottom ash extraction are : i) Continuous
Bottom Ash Extraction by Submerged Scrapper Conveyor, and ii) Intermittent Bottom
Ash Extraction by means of Jet Pumps. In the former bottom ash falls into a, water
quenched, dry type, refractory lined, bottom ash hopper provided below the furnace. The
hopper which has a storage capacity of 2 to 4 hours acts as a transition chute under
normal operation for transfer of spray quenched bottom ash to the water bath provided
under it. The water bath is provided with a continuously moving scrapper chain conveyor
for transferring the ash to the clinker grinder. The crushed ash from the clinker grinder
ferring the ash to the clinker grinder. The crushed ash from the clinker grinder is
conveyed to the pumping station, either through high pressure water jets, or through a
transfer sump in the boiler area. In the intermittent extraction system, the ash is collected
in a refractory lined hopper provided below the boiler furnace. The hopper has a capacity
of around 12 hours, and is provided with a number of ash slurry outlets. Each of these
outlets is provided with a hydraulically operated feed gate, as clinker grinder and a jet
pump. The slurry is conveyed to the pumping station through pipelines.

Fly Ash Handling System

A hydrosluicing system is adopted for fly ash transport. Ash collected in the hoppers of
the ESPs drops continuously through vertical pipes connected to the flushing apparatus,
and is continuously slurried for transport through pipes to the pumping station.


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56
Dry System

Fly ash collected in a group of hoppers is led to a dust tight enclosure provided with a
single/chain feeder. The chain feeder runs continuously at a slow speed and discharges
the ash into a pump tank for further transportation in dry form to the storage silos.

ASH DISPOSAL SYSTEM

All existing NTPC plants use the wet ash disposal system. However, for some future
plants, especially near large cities, a dry ash disposal system is being contemplated. In
the wet disposal system, the ash slurry is transported equipment.

The major advantage of the dry disposal system is the considerably lower land
requirement. The ash mounds formed can be of relatively large heights of 50 to 60
meters. It is estimated that with dry disposal system, land requirements can be reduced
by 60% Thus, related land degradation and socio-economic problems are significantly
reduced. In addition, future reuse of the ash is facilitated. Landscaping and plantation of
the ash mounds also improves the aesthetics. On the other hand, a dry disposal system
needs very careful operation to minimize fugitive dust. The drainage of the area has to
be designed, taking into consideration heavy precipitation during the monsoons. The
costs of a dry disposal system are relatively high. Thus, the selection of a particular
system wet or dry is site specific and detailed techno economic-environmental studies
are necessary prior to selection of the optimum system.

Considering the large volumes of ash to be transported and disposed, it is imperative to
select the location of ash disposal area with a view to minimize adverse environmental
impacts. Further, the ash pond has to be designed to minimize percolation and carry
over of suspended ash particles. At NTPC, the siting and design of ash disposal areas
are taken seriously.


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57
SITE SELECTION

Since a sizable portion of land required for a power station is for ash disposal, basically
the criteria that govern the site selection for the power station are also applicable in the
case of a site for ash disposal. Once an area has been identified for a power station from
engineering and environmental considerations, the choice of an ash disposal area is
limited. Ideally, the ash disposal site should be clayey, with a low water table, and with
the minimum quantity of earthwork necessary. Of course, the selected area must neither
be forest land, nor be prime agricultural. Obviously, the chances of finding an ideal site
are rather remote. Therefore, detailed investigations must be conducted so as to enable
appropriate engineering of the disposal contamination of ground water.

SITE INVESTIGATIONS

The intent of the field and laboratory investigations is to define site conditions and to
determine the quantities and engineering properties of the various substrata at the site.
This information is used to design an effective seal for the pond, as well as stable
confining dykes. A general discussion follows.

ENGINEERING CONSIDERATIONS

Nearness to the plant to reduce capital cost.

Availability of suitable land for ash pipe corridor. As far as possible this should be in a
straight line and on level ground or gradually sloping ground.

The ideal shape of the land is circular to minimize dyke length. The land should be
regular, without any narrow projections.

The ideal site is a valley or a natural depression. This would minimize earthwork for the
ash dykes.


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58
The ground level of the disposal area should be lower than that of the main plant area.
This would be minimize pumping costs.

ENVIRONMENTAL CONSIDERATIONS

Geological Considerations

A weathered terrain is preferred over a youthful topography. The clay minerals are the
end product of weathering. The clays are low permeability materials and hence bedrock
seepage of the ash water is minimum. Fresh igneous or metamorphic terrains are to be
avoided as large-scale contamination of water regime through joints, fissures, etc. may
take place.

Hydrological Considerations

A thorough study of the sub surface hydrology is necessary for ash pond siting and
design to predict and mitigate ground water contamination.

General Consideration

The land selected should be free from agriculture and habitation as far as practicable, so
that related socio-economic problems are minimized.

MULTILAGOON CONCEPT

A relatively new concept of wet ash disposal, that is multilagoons, is now being adopted
by NTPC. Since the total land requirements for ash disposal is high, the identified area is
divided into 3 or more parts again. These parts are developed and used in a phased
manner. Thus, disturbance to the land is limited. Further, as each area is filled, it can be
reclaimed through vegetation. The multilagoon concept is especially suitable in forested
areas, where deforestation is kept at a minimum.



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59
MITIGATORY MEASURES

Ash water, released without proper treatment, is likely to contaminate the receiving water
bodies. Fugitive dust from the ash disposal area may lead to serve health hazards for
neighboring populations. The following measures are implemented at NTPC to minimize
adverse impacts.

A blanker of water (0.6m) is maintained over the ash in the ash pond. This ensures
that dry ash is not entrained by the wind, causing fugitive dust.

Sufficient setting time is allowed in the ash pond before the supernatant water is
released into water bodies. This ensures that the suspended solids in the effluent are
well below the prescribed limits.

The pH of the effluent is monitored. If this is not within allowable limits, provisions of
neutralizations of the effluent made.

The NTPC has taken a lead in the field of ash pond reclamation through vegetation.
Species resistant to toxic elements in the ash are selected while planning the plantation
programme (Table-3)

The efforts made at the Ramagundam Super Thermal Power Plant of NTPC in
reclaiming 10 acres of abandoned ash pond deserves special mention. The programme
undertaken by their horticultural department has produced excellent results. Selected
species suitable for the special conditions were planted and have shown excellent
growth.

The NTPC is adopting a novel method of afforesting the ash pond in phase (multilagoon
concept) the unused areas are proposed to be developed through plantation. This will
provide additional forest cover. These forest will be harvested as and when the area is
required for ash disposal. (Besides this, a green belt of at least 50 m width all around
the ash pond is proposed to be developed around the ash pond is proposed to be
developed immediately after land acquisition.)


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MONITORING PROGRAMME

A monitoring programme should be included in the design of a wet disposal facility. The
instrumentation should monitor changes in around water elevation and quality as well as
averment of soil structures. The primary purpose of the programme is to provide early
warning to potential problems. A secondary benefit is that the information obtained can
be used in future designs.

A network of piezometers installed prior to construction can establish the baseline
ground water conditions. Additional piezometers installed near the downstream toe of
the dykes, measure the seepage through the dykes during operation. The frequency of
readings may be tapered in case a consistent trend is established Water quantity
samples may be obtained from selected piezometers to assess impacts on ground water
quality. Surface monuments may be placed at critical point along the dyke to monitor
settlement and horizontal movement. The monuments are surveyed at regular intervals.

CONCLUSION

The disposal of ash generated from thermal power stations and its utilization needs
considerable attention, especially in view of the large quantities involved. Although
NTPC has taken several steps in adopting the latest techniques and has taken adequate
measures to mitigate the related environmental problems, awareness in general is not
very encouraging. Necessary steps for abating this problem need to be taken and user
industries educated sufficiently to take adequate steps in combating this problem. As far
as ash utilization is concerned, this needs to be studied in detail to overcome the
hindrances faced in India. Switch over to dry fly ash disposal where necessary, locating
the user industrial nearer to the power plants, more field studies vis-avis laboratory
studies, and adequate publicity, are some of the measures that can taken for promoting
better ash utilization. While, the manufacture of fly ash bricks is an attractive alternative,
its commercials viability is, at present, limited to a few areas. Here, the Government can
play an active role by providing incentives, like, exemption of sales tax on ash based
products. Further, legislation banning the use of topsoil in the manufacture of bricks will

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61
provide a two-way advantage. It will conserve valuable agricultural land and at the same
time promote the use of fly ash bricks.

The task ahead of us in challenging, but with enhanced efforts and cooperation, it is well
within our abilities.

TABLE-2
CONCENTRATION OF TRACE ELEMENTS IN INDIAN COAL AND FLY ASH
(AVERAGE OF EIGHT SAMPLES) DATA IN mg/kg

Element Coal Fly Ash

Na 289.00 1299.00
K 2075.00 18275.00
La 47.60 238.00
Sm 0.753 1.99
Au 0.136 0.63
Hg 11.00 48.90
Th 5.34 25.00
Cr 62.80 404.00
Hf 7.10 32.60
Sc 10.50 30.20
Fe 20888.00 106665.00
Zn 539.00 2027.00
Co 33.40 128.00
Ta 1.53 5.05
Cu 0.95 5.60
Ce 30.20 14.50
Tb 1.83 6.87


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7. 7. Ecological Aspects Ecological Aspects o of Thermal f Thermal Power Power
Projects Projects

INTRODUCTION

Ecology is defined as the study of organisms in reciprocal relationship with their
environment. It deals with inter-dependence and inter-relationship of organism with biotic
and abiotic environment. The structural and functional systems of community and its
environment are called on Ecological System or Ecosystem. The biotic component of
an ecosystem consists of plants and animals and abiotic component comprises of water,
air, soil and physical factors like light, wind, temperature, etc. Ecosystem, are named
after type of organism and habitat conditions such as grassland ecosystem, forest
ecosystem, river ecosystem, marine ecosystem etc.

Ecology has become an important issue in the recent years. Since man lives in harmony
with nature where all factors are interrelated, a slight change in any one factor produces
numerous involved alterations. The developmental activities when designed and planned
in disharmony with nature without ecological consideration lead to gradual degradation
of life support systems such as water, air and soil. To determine the impact of an activity,
it requires a careful of surrounding ecosystems.

ENERGY VERSUS ECOLOGY

Energy plays a pivotal role in the life of man and progress of a nation. Electricity is one
of the most convenient forms of energy. Based upon the known resources of coal, it is
expected that coal based thermal power plants will be backbone of thermal power
industry. According to latest figure, coal responses under field and laboratory condition
have been classified into sensitive and tolerant species, e.g. Azadirchta indica (neem),
Albizzia lebbeck, Mangifera indica, Dalbergia sisso etc. have been reported to be
sensitive plants, and ficus religiosa, Shorea robusta, Terminalia arjuna, Polysalthia,
longitolia as resistant plant. The sensitive plants are used for identifying and bio-

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63
monitoring of air pollutants, and tolerant plants are used as pollution sink for reducing air
pollution level. These days, it is emphasized to develop shelterbelts or resistant trees
around industrial complexes to counteract pollution.

Particulate pollutant may affect the plant growth through changes in epldermal layer of
leaves, stomatal clogging and heat balance of plants Layer of fly ash particles on leaf
surface cuts the available light thus affecting photosynthesis. Stomatal clogging affects
physiological and gaseous exchange processes. In acute cases, leaf lesion in the form
of brown necrotic patches may develop. Particulate significantly hampers the process of
pollen germination and fertilization at the time of flowering and fruit setting.

Occupational Health Effects

Health effects of air pollution from coal combustion include increased attacks in
asthmatics and increased respiratory diseases. In addition, lessened immunological
response, reduced Vit C in blood and toxic effects of many trace elements have been
observed. Short term exposure may cause problem of odour, eye irritation and
nasopharyngeal ailments. Besides, workers are potentially exposed to noise and heat
stress which may induce psychological effect.

Effects On Avifauna

Usually local as well as migratory birds of the area tend to veer away from their flight
path due to unfavorable environmental changes brought about during construction and
operation of thermal power plants. Direct mortality of birds may occur due to striking
against tall stacks and breathing higher concentration of pollutants.

Acid Rain Effects on Ecosystem

Acid precipitation in certain areas have been linked to emission from power plants in
New York State, New England, Canada and Scandinavia. Acidic pollutants such as SO
2

and No
X
, precipitate along with rain and affect aquatic and terrestrial ecosystems and
human health. Acid rain can produce lesion on plant leaves. Experiment with agricultural
crops have shown significant reductions in productivity. Long term effects on natural

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64
terrestrial ecosystem may be associated with changes n soil chemistry and microbial
population ultimately affecting overall nutrient cyclone.

Acid rain in general accelerates aging of unbuffered fresh water bodies towards a
biologically sterile oligotrophic state. Sensitive species of plants and animals disappear
and are replaced by acid tolerant species. Fishes in such water bodies experience not
only direct stress but also due to reduction of their natural food sources. The Principal
variable determining the aquatic impact of acid rain is the natural soil alkalinity of the
watersheds, tributary to fresh water bodies.

In field condition, organisms are exposed to an array of pollutants simultaneously
therefore the effects is synergetic. The deleterious effects of stack emissions may be
substantially reduced by installing effective air pollution control devices.

WATER POLLUTION

Thermal Pollution And Aquatic Ecosystem

In a thermal power plant large quantities of heat must be dissipated into the
environment, Of this, the majority is with the condenser cooling water. Normally, surface
waters are withdrawn from a nearby source, pumped through the condensers, and
discharged back into the water source. A large quantity of hot water discharged into the
natural water body affects the physical, chemical, and biological characteristics of the
receiving water bodies. Changes also occur in metabolism, reproduction and
development rates of many organisms. These alterations result in a change in the
structure of the aquatic ecosystem. Another possible impact of the thermal discharges
on the aquatic community is due to thermal shocks, that is a rapid change in
temperatures caused during start-up and shut down of units.

However, not all the changes that may occur are detrimental. Sometimes, the heated
discharges may prove to be beneficial to certain commercial species. It is therefore, all
the more important to be able to predict the impacts of heated discharges on the natural
water bodies. Impact assessment studies are normally conducted to predict the impacts.


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65
Preliminary assessments are made even during the site selection stage, so that sites,
where significant adverse impacts are probable can be avoided. In some cases, many of
the adverse impacts may become necessary to utilize cooling towers to reduce the
thermal discharges into the natural water bodies.

Liquid Effluents And Aquatic Ecosystem

Liquid wastes, such as, metal cleaning wastes, ash water discharge and coal storage
area drainage, may contain high concentrations of toxic substances such as copper,
arsenic, lead, aluminum, cyanides, etc. The discharge of such substances into natural
water bodies may cause a violation of recommended standards, thus endangering
populations utilizing the water for drinking. Another potential hazard is bio-accumulation
of toxic substance. Aquatic life system can be gravely disturbed by oil contamination. It
has been demonstrated that egg laying by bird is inhibited when they ingest small
quantities of oil. It also reduces the amount of dissolved oxygen by preventing the mixing
of air with surfaced water. The sunlight penetration will be adversely affected, hampering
the photosynthesis of adage and aquatic plants.

These impacts due to liquid effluents can be avoided by estimating the concentrations of
the toxic substances in the discharges and necessary treatment prior to discharge into
natural water bodies.

Effect Of Entrapment And Entrainment Of Aquatic Life

Entrapment

Trash racks and screens are normally provided at the cooling water intake structures.
Due to the high velocity of the Intake waters at these structures, weakly swimming fishes
are trapped in the structures and are unable to swim out. A number of these fishes are
also impinged. This Issue needs consideration during the design of the intake structures.
The types and species of fish likely to get affected and their characteristics need to be
identified and the intake structures designed to minimize this impact. Some of the
mitigative measures employed are to maintain approach velocities of less than 0.15 m/s.

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66
to follow fish escape routes, and to use travelling Intake screens that allow the trapped
fish to escape.

Entrainment

Entrainment or inner plant passage is defined as the passage of planktonic and weakly
swimming organisms through the cooling system. These species are not trapped at the
intake screens and are carried through the plant along with the cooling water. These
organisms are subjected to mechanical, chemical and thermal stresses. Mortality rates
are high for zooplankton and post larval fishes. Entrainment may be a serious issue,
especially in estuarine systems, which are normally highly productive. Once again,
knowledge of the aquatic ecosystems is essential in assessing ecological impacts.
Alternative sites or the use of cooling towers may have to be considered in case
significant adverse are anticipated.

Effect Of Solid Waste Disposal On Ecosystem

A huge quality of ash is generated during coal burning in thermal power plants. This ash
is usually hydraulically conveyed to low lying ash disposal area. The ash particles settle
down while the transport water is discharged into natural water course. Eventually all
flora and fauna of ash disposal area will be destroyed. A part of ash transport water may
percolate and may contaminate the ground water because ash particle contain many
toxic elements. Therefore, leachable quality should be estimated and their impact on
ground water should be assessed while ash disposal are selected. Mitigative measures
include proper site selection, minimizing the quantity of leachate by proper engineering
and reuse of the ash.

There is probability that ash particles would come in contact with the terrestrial and
aquatic ecosystems during and after their disposal. Ash deposited in ash bunds area
may pose dust hazard as It dries out.

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CONCLUSION AND RECOMMENDATION

It is obvious from above discussion that thermal power plants may cause serious
damage to ecology of the area if proper eco-considerations are not incorporated at the
initial stage of construction and operation of TPP. Reconnaissance ecological survey of
potential site should be made prior to execution of the project so that probable significant
adverse impact can be avoided by introducing mitigative measures at the design level.
Use of effective pollution control equipments with proper site selection may minimize
adverse ecological impact, to a great extent.

PMI, NTPC 68
QUESTIONNAIRE
8. 8. Environmental Appraisal for Environmental Appraisal for Thermal Thermal
Power Projects Power Projects

BASIC INFORMATION ON ENVIRONMENTAL APPRAISAL

1.0 GENERAL INFORMATION ABOUT THE PROJECT

1.1 Name/Title of the project. :

1.2 Name and address of the
project proponent. :

1.3 Site where proposed plant
is to be located (Site Map,
Land Layout Plan to include
a 25 Km radius zone around
site, to be enclosed). :

1.4 Capacity of the project
under consideration. :

1.4.1 Whether alternative sites
were explored? If so, give
following details for each
site (Map to be enclosed). :

1.4.2 Land use pattern of the land. :

1.4.3 Cost of land per acre/hectre. :

1.4.4 Govt. land/Private land/others :

PMI, NTPC 69
1.4.5 Topographical feature.
demographic profile &
physiography. :

1.4.6 Nature of Soils. :

1 4.7 Distance from the nearest
town/city/major human
settlements. :

1.4.8 Population to be displaced. :

1.4,9 Distance from water source. :

1 4.10 Area of forest land, if
involved. :

1.4.11 Distance of forests from
the site. :

1.4.12 Give basis for selection of
the final site. :

1.5 Is This an extension?
If so indicate capacity of
the existing plant. :

1.6 What is the ultimate capacity
envisaged. :

1.7 Name and address of the person,
consultant, if any. :



PMI, NTPC 70
2.0 GENERAL ENVIRONMENTAL INFORMATION

2.1 Details of major Industries,
thermal power plants, mines,
quarries etc. existing within a
radius of 25 Km of your plant. :

2.2 What is the total human population
with a radius of 25 km of the
pattern of population dispersal. :

2.3 Give a broad description of the site.
Attach maps showing topographical
feature. :

2.3.1 Nature of Soils :

2.3.2 Area of land proposed to be
acquired (Attach layout plan) :

1. Area required for plant. :

2. Ash Disposal. :

3. Colony (Indicate separately
for departmental staff, contractors
staff and others If any). :

4. Transmission corridors and
power evacuation system. :

5. Approach road, railway, bridges etc. :

6. Others :

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2.3.3 Present use of land: Agriculture/
forest/grazing/human settlement/
fallow. :

2.3.4 Area proposed to be build up
or developed :

2.3.5 Specify site characteristics,
River basin/estuarine/coastal/
others. :

2.4 Is the site situated in the forest area?
Give following details. :

2.4.1 Area :

2.4.2 Type of forests :

2.5. Is site situated near to the
forests? Give the distance
from the site. :

2.6 Give a description of the flora
within 25 km of your plant site
under the following heads :

a) Crops :
b) Forest :
c) Grass Land :
d) Endangered species :
e) Other (specify) :

2 6.1 Give a general description of
the fauna, especially wildlife,

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endangered species etc.
within a radius of 25 km. :

2.6.2 Give details of the following
features, if they exist, within
a radius of 25 km of the
proposed site? :

1 Fisheries :

2. Sanctuary/natural park/
biosphere reserves :

3 Lakes/Ponds/Reservoir :

4. Stream/river :

5. Approach road, railway,
bridges etc. :

6. Others :

2.3.3 Present use of land: Agriculture/
forest/grazing/ human settlement/
fallow. :

2.3.4 Area proposed to be built-up
or developed. :



2.3.5 Specify site characteristics.
River basin/estaurine/costal/
others. :

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2.4 Is the site situated in the
forest area? Give following
details:-

2.4 1 Area :

2.4.2 Type of forests :

2.5 Is site situated near to the
forests? Give the distance
from the site. :

2.6 Give a description of the flora
within 25 km of your plant site
under the following heads:-

a) Crops :

b) Forest :

c) Grass land :

d) Endangered species :

e) Others (Specify) :

2.6.1 Give a general description
of the fauna, especially wildlife,
endangered species etc.,
within a radius of 25 km. :

2.6.2 Give details of the following
features, it they exist within
a radius of 25 km of the

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proposed site?

1. Fisheries :

2. Sanctuary/natural park/
biosphere reserves :

3. Lakes/Ponds/Reservoir :

4. Stream/river :

5. Estuary/Sea :

6. Hills/mountains :

7. Historic/cultural/tourist/
archaeological/scenic sites/
defence installations. :

2.7 Human Settlement :

2.7.1 Total number of persons : Depart- Contrac- Others Total
proposed to be employed mental tors
employ- employ-
ees ees

1. During construction :
2. During operation :

2.7.2 Do you proposed to build a
township/housing quarters
for your employees/contractors
workers? :


PMI, NTPC 75
2.7.3 Area required for above. :

2.7.4 Population to be accommodated. :

2.7.6 Services provided in township :

1. Daily consumption of water :

2. Sewer System :

3. Sewage treatment :

4. Drainage :

5. Any other :

2.7.7 Number of persons to be displaced
along with details of their
occupation & incomes. :

2 7.8 Number of persons who do not own
property but derive their
sustenance from the land to be
acquired. :

2.7.9 Details of rehabilitation plans
for oustees. :

2.7.9.1 Site where they will be resettled :

2.7.9.2 Compensation to be paid :

2.7.9.3 Authority responsible for their
resettlement. :

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3.0 FUEL USE

3.1 Type, Quantity and Characteristics of fuel

Fuel Tonnes/ %Ash %Sulphur Source of supply
its distance
from the site

Coal

Oil

Other
(Specify)


3.2 Has the linkage been established? :

3.2.1 Name of Mine/Block :

3.2.2 Is it a working mine or yet
to be opened? :

3.2.3 Is the mine situated in
the forest area? :

3.3 Please furnish a fuel
analysis report from a
recognised laboratory
(Details to include percentage
tage contents of C, H, N, S
and Oxygen (If any) and
gross calorific value). :


PMI, NTPC 77
3.4 Indicate the type of fuel
firing to be adopted. :

3.5 Air to fuel ratio to be specified. :

4.0 WATER

4.1 Water Use and Liquid Wastes
(Provide a detailed water
balance diagram). :

4.2 What is the source of water?
Will it be adequate for future use?
Do you propose any measure of
augment the water supply and
how it will affect the other users? :

4.3 Lean season flow. :

4.4 Give details of the receiving
water body. :

4.5 Average daily quantity of
water required for

1. Cooling :

2. Wet Ash Disposal :

3. Process :

4. Others :

5. Total :

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4.6 What type of cooling system
is proposed: once through
closed.

1. Give temperature
difference between inlet
and outlet water. :

2. Annual temperature
profile of the
receiving water. :

4.7 Quantity and expected
characteristics of the
waste water discharged
per day from the plant.

1. Cooling :

2. Ash Disposal :

3. Process :

4. Others :

5. Total :

4 8 Type of Waste Water
Treatment proposed to be
adopted for each stream. :

4.9 Applicable standards and
regulations for the effluents. :


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4.10 Point of final discharge:
Fallow land/agricultural land/
sewer/river/lake/bay/estuary/sea. :

4.11 Mode of final discharge:
Open channel/pipe line/
covered drains. :

4.12 If the liquid effluents are
finally discharged in river/
pond/lake, the impact on the
quality of water at the
nearest human settlement
should be mentioned. :

4.13 Details of reuse of
waste-waters, if any. :

5.0 AIR EMISSIONS

5. 1 Please furnish for your location. :

5.1.1 Wind rose. :

5.1.2 Mean. maximum and minimum
temperature for every month
of the year. :

5.1.3 Mean wind speed. :

5.1.4 Humidity, rainfall. :

5.1.5 Mean cloud cover. :


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5.1.6 Percentage (frequency)
occurrence of inversions
and heights. :

5.2 Please specify the following:

5.2.1 Number of stacks. :

5.2.2 Number of flues in each stack. :

5.2.3 Inter-stack distance. :

5.2.4 Height of each stack. :

5.2.5 Internal diameter of each
stack of the base and top. :

5.2.6 Gas Velocity :

5.2.7 Flue gas characteristics

1. Volume :

2. Temperature :

3. Density :

4. Size distribution of particles :

5. Gas composition :

5.2.8 Heat emission rate of gases
(Kcal/hr) from each stack. :


PMI, NTPC 81
5.2.9 Emission rate of SO
2,
NO
X

and particulate from each
stack in kg/hr. :

5.2.10 Background pollution levels
of SO
2,
NO
X
and particulate. :

5.3 a) What kind of stack emmission
monitoring is proposed? :

b) What equipment is proposed
to be acquired or used for this
purpose. :

5.4 Give details of the air pollution
control equipment proposed
to be installed. :

5.5 Give details of the organisational
set-up for maintenance of pollution
control equipment and level of
expertise and authority of person
incharge. :

5.6 Emission rate of particulates and
sulphur dioxide to be released
when control equipment is. :

5.6.1 Functioning normally :

5.6.2 Not functioning :

5.7 What special procedure do you
propose to lay down for pollution

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control during periods when emission
exceeds prescribed limits for any
reason including malfunction
of pollution control equipment. :

5.8 Other types of pollution. :

5.8.1 Details of measures to control noise. :

5.8.2 Details regarding prevention and
control of fire and explosion hazards. :

6.0 TRANSPORTATION OF FUEL

6.1 Proposed mode of transport
of coal/oil/gas. :

6.1.1 By rail/MGR :

6.1.2 By sea :

6.1.3 By road :

6.1.4 By ropeways :

6. 1.5 Others :

7.0 COAL AND ASH HANDLING

7.1 What procedure will be
adopted for coal handling
at the plant site. :

7.2 Give details of dust suppression/

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collection equipment for reducing
pollution from coal fines and other
fugitive missions from coal handling
(wagon trippling conveyor transfer
points, storage. crushing mills, bunker
filling etc.). :

7.3 How do propose to prevent/
treat the run-off from the
coal storage/handling areas. :

7.4 What quantity of fly ash and
bottom ash will be produced
per day? :

7.5 Indicate the method of
collection, transport and
disposal of the ash. :

7.6 What efforts have been made
or your wish to make towards
utilization of ash Bricks/
cement/road construction.
Landfil/soil stabilization/other
forms of disposal or use. :

7.7 What precautions are proposed
to be taken to prevent
pollution of water course and
ground water from solid waste
disposal, especially with
regard to coal particles and
ash slurry? :


PMI, NTPC 84
7.8 What land area is available
for ash disposal? Will it
be sufficient for the expected
life of the plant (say 30-35
years)? :

8.0 CONSTRUCTION MATERIALS

8 1 Indicate source of supply of
stones and location of
quarries in the site map with
the alignment of the roads
to the project Site and the
distance from the site. :

8.2 Source of supply of sand
and its distance from the
site. :

8.3 If new roads are to be built
whether their alignment is
through agricultural land/forest/
grazing land/human settlements/
fallow land. :

8.4 Mode of transportation of
heavy equipments, cement &
steel i.e. by road or rail or sea. :

8.4.1 Name of the nearest rail head
where they will be off loaded and
its distance from the site. :

8.4.2 If a new road is to be built

PMI, NTPC 85
from the rail head, the
details of land to be acquired
should be given. :

9.0 OCCUPATIONAL SAFETY AND HEALTH

9.1 Health status of workers
especially these engaged in
the coal handling, ash collection
and ash disposal areas. :

9.2 Whether any adverse health
effect due to noise were
observed among the workers
engaged in the turbine, compressor
room, crushing mills etc. :

9.3 If the plant is new, precautionary
measures proposed to be taken for
safety and health protection of
workers may be mentioned. :

10.0 ENVIRONMENTAL MANAGEMENT

10.1 Give details of organisation set-up
you propose to have for pollution
monitoring and control. :

10.2 What is the level of expertise
of the person incharge of
pollution control? :

10.3 Briefly outline the proposed
environmental monitoring

PMI, NTPC 86
programme. Mention number of
observation sites and frequency
of observations addressing to the
following parameters. :

10.3.1 Air :

10.3.2 Water :

10.3.3 Ground Water :

10.3.4 Stack Monitoring :

10.4 Have you been asked by Central/
State Pollution Control Boards
to take any special environmental
control measures and how do
you proposed to carry out these
obligations? :

10.5 Raising of green belt
(Area may be indicated in a map) :

11.0 DETAILS OF EXISTING UNITS

11.1 If it is an extension, please
furnish the following details
in respect of the existing units. :


PMI, NTPC 87

S. No. Existing
Units
& their
capacit
y

Effici-
ency
of
ESP
Fuel
Consumption
(coal, gas)
(Tones. Day)
Sulphur
Content
Stack
Height
Heat
emission
rate in
K. cal/hr.
from each
stack
Stack
emission in
kg/hr.
SO
2
NO
X

Particulates

11.2 Have there been public
complaints or Questions in the
Parliament or State Assembly
regarding the Env. problems
posed by the existing Units.
If so, give details. :

12.0 Have there been any representations/
protests from the public/voluntary
organizations against the siting
of the new units/plant at the proposed
locations. If so, give detail. :

13.0 ECONOMICS OF POLLUTION CONTROL

13.1 What is the total project cost?
Capital & Recurring. :

13.2 Indicate costs of pollution control
under the following heads. :

Copital/Recurring(annual) :

13.2.1 Fly ash control :

13.2.1.2 Fly ash control :

13.2.1.2 Sulpur dioxide control :

PMI, NTPC 88
13.2.1.3 Oxides of Nitrogen control :

13.2.2 Water :

13.2.3 Solid Waste :

13.2.4 Others (specify) :

TOTAL

Name :
Designation :
Organization :


PMI, NTPC
89
9. 9. Environmental Guidelines Environmental Guidelines f for Thermal or Thermal
Power Plants Power Plants

INTRODUCTION

While electricity is a clean form of energy at the point of consumption, the processes of
its generation through thermal power plants are by no means non-polluting. In fact, the
coal based thermal power plants may pose significant environmental pollution problems,
if adequate preventive and control measures are not adopted. Many of the adverse
impacts of coal based plants are amenable to technological control and can be foreseen
and minimized through judicious siting, preparation of detailed environmental impact
assessment for the chosen site and finally through effective environmental management
at the operating plant. Each of these three sets of actions are described in the sections
that follow. Since the project authorities are now required to obtain clearance from the
Department of Environment and the Pollution Control Boards, these environment
guidelines will help the project authorities to identify the range of parameters that should
be taken into account for setting up a Thermal Power Station (TPS).

ENVIRONMENTAL GUIDELINES FOR SITING NEW THERMAL
POWER STATIONS

Introduction

The impact that a power station has on the environment depends to a large extent on its
location with respect to the load centre, populated areas, open water bodies, agricultural
and forest lands, etc. Proper siting of TPS could reduce the cost of pollution control
measures to be taken and could also greatly reduce the total damage these stations can
cause to natural and human environment. Environmental aspects of topography,
geology, hydrology and meteorology must be incorporated in selection criteria for the
plant site, fuel storage and waste disposal areas. The need for clear guidelines to select
environmentally acceptable sites fuel storage and waste disposal areas. The need for

PMI, NTPC
90
clear guidelines to select environmentally acceptable sites of TPS has long been felt.
These are listed below.

Siting Criteria

Locating of Thermal power plants should be avoided within 25 km of the peripheries of
the following areas:

Metropolitan cities;

National parks and wildlife sanctuaries; and

Ecologically sensitive areas like forests, biosphere reserves, estuaries,
mangroves, Swamps, important lakes and coastal areas rich in coral formations.

No TPS should be located within 500 metres from high tide line.

The site (chimney) should not fall within the approach funnel of the runway of the
nearest airport.

The site should be atleast 500 meteres away from the Flood Plan of the Riverine
Systems.

The site should also be atleast 1/2 km away from highways and railways.

Location of TPS should be avoided in the vicinity of places of archaeological, historical,
cultural, religious or tourist importance and defence installations.

The plants should be located on the leeward side of the exclusion zones with respect to
the predominant wind direction, and town planning should regulate growth in the
exclusion zone to avoid residential development.

In view of the limited availability of fresh water resources and to avoid thermal pollution,
TPS should avoid once through cooling and give preference to dry/wet cooling towers.

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91
Siting of super TPS or a number of TP Stations coal mines will require more stringent
pollution Control measures specially for ash disposal.

ENVIRONMENTAL IMPACT STATEMENT (EIS)

Introduction

The purpose of the EIS is to determine as precisely as possible, within the present limits
of knowledge and expertise, the likely environmental impacts of and expertise, the likely
environmental impacts of a planned developmental activity. A proper EIS, where in all
claims are supported by scientifically established data/modeling, should contain the
following sections:

Description of Site and its Environs

The details related to the site, including the current land use pattern, the demographic
and socioeconomic profiles of the villages and nearby towns, flora and fauna etc. should
be described. A site map should be attached showing the location and the layout of the
proposed plant. As alternative sites are normally considered, a brief justification is
required as to why this site has been chosen over other sites about which general
environment indicators should also be supplied.

Land Requirements

The total amount and type of land required for the plant itself, for the housing colony, ash
disposal areas and for fuel transportation and power evacuation corridors must be fully
justified.

Relocation of Displaced Persons

There is a tendency for TPS of the sizes being constructed today to acquire land in
thousands of acres generally far in excess at the actual requirements.


PMI, NTPC
92
This necessitates the displacement of more local people than would otherwise be the
case. Efforts should be made to identify sites where land is predominantly government
owned and unoccupied and effective rehabilitation or the displaced people, owners and
dependents on and, must be detailed out and be the direct responsibility of the project
authorities.

These plans must incorporate the existing occupational and cultural ways of life of the
displaced people

Impacts during Construction

An EIS should also include plans as to from where construction materials like stones and
sand will be acquired and transported to the site. EIS report should include the impacts
on land, soil, hydrology, water quality, air quality, ecology, demography etc. during the
construction phase.

Meteorology and Air Quality

The existing background ambient air quality levels for sulphur-dioxide, nitrogen oxides,
and total suspended particulates should be provided along with the meteorological
conditions at the site.

Using these data from above and the expected emissions from the TPS, the predicted
levels (isopierns) of these pollutants should be computed for an area with a radius of 30
km around plant.

Hydrology and Water Quality

Possibly the second most serious impact of TPS is on the water quality of receiving
bodies. An EIS should include details of the source and total requirements of water and
the quality of water required for the demineralisation plant. The intake and the final
discharge points for cooling water and the choice of cooling systems (closed or once
through) should be indicated. The water characteristics of the cooling tower and
condenser blowdown and of the effluent from the ash dykes should be predicted. Finally,

PMI, NTPC
93
this section should contain details of the proposed liquid effluent treatment system and
of the impact of the discharge water temperature on aquatic life.

Occupational Safety and Health

This section provides estimates of likely stresses (heat, noise, dust and chemical
pollutants) in different areas of the plant and a listing of protective and safety measures
to be taken for workers engaged in the different operations, especially at the coal
handling areas, conveyors, tippling and transfer points, crushers, etc.

Transport and Handling of Coal

An EIS should contain details of how will Coal be brought to the plant. The arrangements
for coal handling at the plant should also be described.

Impacts on Sensitive Terrestrial Targets

Within the 25 km radius of the project site both short-term and long-term impacts on
especially sensitive targets, such as endangered species of wildlife or plants, an
economically important crop, a historically important site, or populations of elderly or
infants, must be spelt out separately in this section.

Control Technologies

Finally, an EIS must contain a description of necessary measures and control
equipments to be adopted to meet the stipulated standards. Details of post- operational
environmental monitoring and the redundancies incorporated control technologies
should also be provided.


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94
ENVIRONMENTAL MANAGEMENT OF THERMAL POWER
STATIONS DURING THE OPERATIONAL PHASE

Introduction

A number of safeguards must be provided during the construction phase of the TPS and
their effectiveness monitored periodically after the plant has become operational. These
are enumerated below:

Solid Wastes

To the extent possible, dry fly ash from the ESPs and boiler furnace, should be utilized
for making economically useful products such as bricks, road filters and binders and
cement.

When the reuse of solid wastes is uneconomical for any particular location, the ash
should be used as landfill or disposed off in some other environmentally acceptable
manner, e.g. in abandoned underground mines, not susceptible to water seepage.

Ash disposal areas should be planned downwind of villages and townships.

The site for waste disposal should be checked to estimate permeability, so that inorganic
substances do not reach the ground or surface water bodies.

The height of the disposal site should be kept as low as possible so that the landscape is
not marred.

An intensive programme for tree plantation on disposal areas should be undertaken. The
ash disposal areas should be divided into number of blocks and after one block has
been filled-up with ash, the other block should be taken up for ash filling. The filled-in
blocks should be provided with vegetal cover.


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95
Human Settlements

The rehabilitation of persons who are displaced or have lost agricultural land due to
siting of the power plant should be carried out by the project authorities or the competent
Authority in consultation with the local civic bodies. The project authorities should meet
the cost of rehabilitation.

Residential colonies should be located on upwind side away from the power plants at
distance more than 10 times of the effective stack height.

Air Pollution

Monitoring of background pollution levels should be carried out regularly covering all the
measures so that reliable estimates could be made as to the impacts on the ambient air
quality from the plant concerned.

The stack height of the TPS should conform to the standards prescribed by
Central/State Pollution control Board for better dispersion of pollutants over a wide area.

Adequate control equipment should be installed for controlling the emission of pollution
from the various stacks as per the standards stipulated by the Central/state Pollution
Control Boards. In the special circumstances when sulphur removal is considered
essential (e.g. for high sulphur fuel, multiple stations in close proximity, future variations
in fuel quality etc.) provision should be made for some form of desulphurization.

For start-up and for flame stabilization at partial loads, the use of a low-sulphur
petrochemical is recommended to reduce SO
2
emissions.

Pollution control equipment having adequate efficiency should be installed to meet the
emission standards, and their efficiency in terms of output concentrations of pollutants
should be monitored and recorded regularly as per the guidelines of regulating
authorities.

Pollution control equipment should be designed for the worst anticipated quality of coal.

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96
The emission levels of pollutants from the different stacks should conform to the
pollution control standards prescribed by Central or State Boards.

A continuous monitoring and recording system for estimation of emission of sulphur
dioxide, nitrogen oxides and particulate from the stacks of the TPS should be
established.

Similarly, ambient air quality monitoring should be undertaken regularly in areas near the
power plant. Infrastructural facilities including meteorological observations should be
provided for monitoring emissions and measuring the ambient air quality in the areas.

Liquid effluents containing oils, grease, resins and other chemicals from the different
plants of the power station should be treated as per the standards prescribed by
Central/State Water Pollution control Boards.

The hot water discharge from the condenser should be considerably cooled down as per
the standards of the Central/State Water pollution Control Boards before being
discharged to the surface water to avoid any adverse effect due to thermal pollution on
the aquatic life (fishes, phyto-and zoo-plankton) and marine life (oysters, corals, shrimp,
crabs, etc.). It is desirable to study the potential impact of heated water on the aquatic
life in water temperature from the discharge. The rise in ambient water temperature from
discharge should be periodically monitored.

Appropriate steps for disposal/reuse of ash slurry must be made so that adjoining
surface or groundwater supplies are not polluted.

Assessment of water quality by biological indicators (bacteria, algae and macro
invertebrates) should be periodically carried out.

Occupational Safety and Health

Proper precautionary measures for the workers engaged in coal handling operations
should be taken. They should be examined regularly for lung diseases. Personal

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97
protective equipment such as dust masks, respirators, helmets, face shields, etc. should
be provided to the workers.

Adequate measures should be taken to control the levels of noise and vibration in the
compressor room, turbine areas, etc. and the noise levels kept below 85 dB. Where the
noise level exceeds 85 dB, workers should wear ear muffs for their protection. Ear plugs
will not reduce the effects of vibrations, which must only be controlled at source.

House Keeping

Proper house keeping and cleanliness should be maintained both inside and outside the
plant. Adequate dust control and other pollution abatement measures should be taken to
check the emission of dust from coal handling areas, such as wagon tippling points,
crushers. pulverizers, conveyor transfer points, etc.

A green belt whose width would vary between 50-500 m depending upon meteorological
conditions and the extent of nearby habitations should surround the periphery of the TPS
and should be taken in hand before construction.

Emergency planning

Disaster planning for meeting emergency situations arising due to fire and or explosions
particularly in the coal, oil and gas handling areas is essential for all power stations. Fire
fighting equipment should be kept ready for use during emergencies.

Redundancies and space capacities have to be built into the pollution control
equipments so that the standards are always adhered to.

Environmental Management Cell

An environmental management cell with appropriate expertise and training facilities
should be established at the TPS for managing the environmental problems arising both
within and outside the plant.

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10. 10. Afforestat Afforestati ion on a and Environmental nd Environmental
Improvement Improvement

INTRODUCTION

Modern industrial activities have the potential to severely interfere with the natural
environment through deforestation discharge of solid wastes, liquid effluents and
gaseous emissions. Power development though important in achieving economic self
reliance, its thoughtless interference with the natural surroundings has led to serious
concern the world over. The ill conceived establishment of industries brings about
undesirable alteration that often fails to merge with nature. The afforestation activities of
the industrial region not only serve as foreground and background landscape features
but also contribute to the overall improvement in the environment.

IMPORTANCE OF VEGETATION

The forests, in addition to regulating the climatic features of the world, provide a number
of useful products to mankind. On the contrary, deforestation accounts for a chain of
events starting with soil erosion and culminating in infertile (sterile) land unfit for
cultivation. The crucial need for conservation and restoration of the degraded eco-
system and preservation of genetic resources of the country led to the enactment of the
Wild Life Protection Act (1974) and Forest Act (1980) in addition to the legal Acts of Air,
Water and Environment. The satellite pictures depict a dismal figure of 8 to 10% of forest
cover in the country against the desired 33%. This figure may further get reduced if
indiscriminate feeling is not checked right away and supplemented simultaneously with
appropriate afforestation programmes.

Vegetation has an in-built mechanism to absorb a wide variety of pollutants. The
establishment of protective forests around the projects will result in many intangible
benefits such as providing shelter belt; green space for outdoor recreation; reducing
sound; conditioning and improving the local environment.

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ENVIRONMENTAL CONSCIOUSNESS

Harmony between man and his environment is the essence of healthy life and growth.
And, therefore, maintenance of ecological balance and a pristine environment has been
of outmost importance to NTPC. Environment planning and preservation is an integral
part of its project activities. Stringent measures have been evolved to minimize pollution.
Whats more, in a concerted bid, to counter the growing ecological threat, NTPC is
undertaking afforestation programmes covering vast tracts of land in and around its
projects.

The Earths climate may be growing warmer consequent to atmospheric accumulation of
green house gases. Forests\plantations might be able to moderate or postpone the
build-up of atmospheric carbon and thereby delay the incidence of global warming.
In fact, it is estimated that 1 m3 of biomass contains 0.26 tons of carbon and one
hectare of new forest will sequester about 6.24 tons of carbon annually. Thus about 465
million hectares of new plantations would be needed to sequester the estimated annual
increment of 2.9 billion tons of free carbon.

35 lakh trees planted in NTPC projects account for 3500 ha. with an average of 1000
plants per ha.

FOREST BANK

An innovative proposal to create Forest Banks in each State was made in January,
1989. The idea was that the Forest Departments of all States\Union territories should
identify lands to initiate plantations under various programmes of the state. Such areas
would facilitate any power project be it of the State or Centre, to Draw necessary
Compensatory afforestation area, against the existing balance in the Forest Bank. This
will ensure that projects need not wait for clearance for want of identification of areas
and State Governments concurrence for compensatory afforestation. Since afforestation
could be a continuous process, more and more areas could be brought under
afforestation from time to time so that there is always adequate balance in the bank
against which the power projects could draw upon. NTPC emphatically feels that such

PMI, NTPC 100
Forest Banks would go a long way in environmental conservation and protection. NTPC
has agreed to make funds available to MOEF for undertaking afforestation in an area of
about 500 ha. near any of its projects and is extremely keen that this concept be
implemented on priority by the State Governments.

APPROACH BY NTPC

It has been possible to achieve a satisfactory combination of environmental quality and
techno-economics, through determined efforts at NTPC for its projects. The prime
objective of the management is to prevent impairment and to safeguard the balances in
the natural environment. Continuous vigilance is maintained to minimise pollution apart
from other management programmes taking root simultaneously with construction
activities.

PLANTING PROGRAMME

The appropriate afforestation programmes for plant, township green belt and others are
prepared for implementation at the site. The species are selected on the basis of their
adoptability and are clubbed with the local representatives. The growth characteristics,
flowering and canopy nature are evaluated in their distribution pattern over these areas.

These considerations not only contribute to the aesthetics but also go a long way in
serving as Sinks for the pollutant discharges as well. At times, they combat pollutants
from other industries in the surrounding area.

As a policy, the company lays special emphasis on tree plantations in the project areas
and its surroundings. The general guidelines evolved at the Corporate Centre from time
to time are regularly issued to the projects for implementation. Saving the existing trees;
planting right at the beginning of construction activities, preservation of trees and advice
from State Forest Departments and Agricultural Universities are certain general
guidelines followed by NTPC in the tree planting programmes. The site-specific
afforestation details conform to natural climatic conditions and adaptability of the
species.

PMI, NTPC 101
The nature of species and their resistance to pollution are given due consideration in the
selection of species. The species are grouped into a heterogeneous combination to
impart a natural and healthy assemblage.

The arrangement of species in the green buffer zone conforms to a hexagonal pattern to
facilitate maximum density of species. In addition, the growth pattern and canopy of
species are evaluated in their actual locations of hexagonal pattern which help uniform
canopy spreading. Since the cultivation of single species (Monoculture) is susceptible to
pathogenic attack and elimination of the entire population, this is totally avoided in the
afforestation planning. The afforestation plan includes a separate area for the cultivation
of fruit species. The tree plantations, development of gardens and parks in and around
the township add to the general aesthetics.

NTPC has developed independent horticulture department at the projects headed by
experienced horticulture officers/supervisors. A number of workmen assist in the
successful implementation of the afforestation programmes. NTPC, as an institutional
member of the society for promotion of wasteland development, derives technical advice
and guidance in respect of afforestation activities.

NURSERY

The nursery ensures good quality planning stock so vital in the success of plantation
programmes. In order to reduce the transport cost and damage to the planting stock,
nurseries have been developed or projects to meet the planting requirements. However,
the Forest Departments are approached for the initial requirements of the saplings.

SPECIAL AREAS - ASH POND

The ash pond sites at the projects are considered an environmental nuisance.
The reclamation of such sites is still a challenging task. A humble beginning to convert
even such sites into green areas has recently been made.


PMI, NTPC 102
The experimental trials of growing some species over the temporary ash logoon directly
(without soil cover) were carried out at Ramagundam Super Thermal Power Project
(RSTPP). The species such as Eucalyptus globules, Acacia auriculiformis, Casuarina
equisetifolla, lpormea carnosa and Leucaena glauca have shown excellent growth
performance over 3-4 years since their transplantation on to the ash pond in 1986. The
successful adaptation of these species has encouraged us to conduct further trials and
soon we hope to add a few more species to the above list.

A beginning similar to RSTPP. has been recently made on reclaiming the ash pond area
at KSTPP. About 25,000 plants have been planted in the ash disposal area directly on
the ash.

Of the 25,000 plantings, 22,000 is of Terminalia arjuna (Arjun) 500 of Peltophorum
ferrugineum (Copper Pod) 500 of Casia siamea, 500 of Acacia auriculiformis (Australian
Acacia) and the remaining 1500 of Eucalyptus. In fact an area of 75x75 m has been set
apart for experimental trials to grow a number of other species and to maintain a record
of their performance for suitable afforestation at a later stage.

The advantages of such reclamation activities over ash are that it:

checks water and wind erosion

reduces toxicity and improves quality of surface growing, and

adds to the vegetation cover which is vital in view of the large acreage of land
required for ash disposal.

Wherever the dry disposal system is adopted, efforts are being made to reclaim the
ash mound through suitable species.

While reclamation of ash pond areas through vegetation is still a challenging task, NTPC
seems to have achieved satisfactory results so far through several species as mentioned
above and efforts are on to supplement them with newer ones.


PMI, NTPC 103
CONCLUSION

Air pollution injury to plants is attracting increased concern throughout the world. As
large Industrial complexes and power generating stations are necessary to be
constructed in the country attention to pollution injury to plants will also need to increase.
The predictive studies have indicated that most of the common air pollutants will
increase unless adequate control measures are developed and adopted.

A comprehensive afforestation plan should be formulated by the project proponents.
A concerted planting effort of all concerned is imperative for restoring ecodynamics. This
will also serve as a visual filter and screen masking Industrial ugliness. It is evident that
the massive ecological improvement will help in harmonizing and amalgamating the
physical structures of thermal power projects with nature and the surrounding
environment.






















PART II


PMI, NTPC 1
1. 1. TheWater (Prevention TheWater (Prevention a and Control nd Control o of f
Pollution) Act, 1974 Pollution) Act, 1974
No. 6 of 1974


[23
rd
March 1974]

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;

AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution
resolutions have been passed by all the Houses of the Legislatures of the States
of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir,
Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the
effect that the matters aforesaid should be regulated in those States by Parliament
by law:


PMI, NTPC 2
BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows: -

CHAPTER I - PRELIMINARY

1. (1) This act may be called the water (Prevention and Control of Pollution) Act, 1974.

(2) 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 Assam, 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.

2. In this Act, unless the context otherwise requires:-

(a) Board means the Central Board or a State Board;

(b) Central Board means the Central Board for the Prevention and Control of Water
Pollution constituted under section 3;

(c) member means a member of a Board and includes the chairman thereof;

(d) occupier in relation to any factory or premises means the person who has
control over the affairs of the factory or the premises and where the said affairs
are entrusted to a managing agent, such agent shall be deemed to be the
occupier of the factory or the premises;

Short
title,
application
and
commence
-
ment.
Defini-
tions

PMI, NTPC 3
(e) 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 organisms;

(f) prescribed means prescribed by rules made under this Act by the Central
Government or, as the case may be, the State Government:-

(g) sewage effluent means effluent from any sewerage system or sewage disposal
works and includes sullage from open drains;

(h) State Board means a State Board for the Prevention and Control of Water
Pollution constituted under section 4;

(i) State Government in relation to a Union territory means the Administrator
thereof appointed under article 239 of the Constitution;

(j) stream includes-

(i) river;

(ii) water course (whether flowing or for the time being dry) ;

(iii) inland water (whether natural or artificial);

(iv) sub-terranean waters;

(v) 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;


PMI, NTPC 4
(k) trade effluent includes any liquid, gaseous or solid substance which is
discharged from any premises used for carrying on any trade or industry, other
than domestic sewage.

CHAPTER II - THE CENTRAL AND STATE BOARDS FOR
PREVENTION AND CONTROL OF WATER POLLUTION

3. (1) The Central Government shall, with effect from such date (being a date not later
than six months of the commencement of this Act in 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 the Central Board for the Prevention and Control of
Water Pollution 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) a full-time chairman, being a person having special knowledge or practical
experience in respect of matters relating to the use and conservation of water
resources or the prevention and control of water pollution or a person having
knowledge and experience in administering institutions dealing with the matters
aforesaid, to be nominated by the Central Government;

(b) five officials 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 not
exceeding two shall be from those referred to in clause (c) of sub-section (2) of
section 4;

Constitu-
tion of
Central
Board

PMI, NTPC 5
(d) three non-officials 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 qualified in public health engineering and having
administrative experience, 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.

4. (1) The State Government shall, with effect from such date (being a date not later
than six months of the commencement of this Act in the State) as it may, by
notification in the Official Gazette, appoint, constitute a State Board, 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 shall consist of the following members, namely:-

(a) a full-time chairman, being a person having special knowledge or practical
experience in respect of matters relating to the use and conservation of water
resources or the prevention and control of water pollution or a person having
knowledge and experience in administering institutions dealing with the matters
aforesaid, to be nominated by the State Government;

(b) five officials to be nominated by the State Government to represent that
Government;

(c) five persons to be nominated by the State Government from amongst the
members of the local authorities functioning within the State;
Constitut-
ion of
State
Boards

PMI, NTPC 6
(d) three non-officials to be nominated by the State Government to represent the
interests of agriculture, fishery or industry or trade or any other interest which, in
the opinion of the State Government, ought to be represented;

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

(f) a full-time member-secretary qualified in public health engineering and having
administrative experience, 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 any Union Territory the Central Board may delegate
all or any of its powers and functions under this
sub-section to such Person or body of persons as the Central Government may
specify.

5. (1) 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 his nomination:

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

Terms and
Conditions
of service
of members.

PMI, NTPC 7
(2) The term of office of a member of a Board nominated under clause (b) of sub-
section (2) of section 3 or clause (b) 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,
as the case may be, 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 the 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 other 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 meeting of the board, or where he is
nominated under clause (c) of sub section (2) of section 3 or under clause (c) of
sub section (2) of section 4, if he ceases to be a member of the State Board , or
as the case may be, of the local authority.

(6) 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 whose place he was nominated.

(7) A member of a Board shall not be eligible for renomination for more than two
terms.

(8) 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.

PMI, NTPC 8
(9) The other terms and conditions of service of the chairman shall be such as may
be prescribed.

6. (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 a 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
Disquali-
fications

PMI, NTPC 9
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.

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

8. 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.

9. (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 the 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.

10. (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.

Vacation
of seats by
members.

Meetings
of Board.
Constitution
of comm.-
ittees
Temporary
association
of persons
with Board
for
particular
purposes.

PMI, NTPC 10
(2) 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.

11. 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.

12. (1) The 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, be 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 and the rules so made may provide for the salaries and allowances and
other terms and conditions of service of such officers and employees.

(4) Subject to such conditions as may be prescribed, a Board may from time to time
appoint any qualified person to be a consulting engineer to the Board and pay
him such salaries and allowances and subject him to such other terms and
conditions of service as it thinks fit.

CHAPTER III - JOINT BOARDS

13. (1) Notwithstanding anything contained in this Act, an agreement may be entered
into-

(a) by two or more Governments of contiguous States, or

Vacancy in
Board not to
invalidate
acts or
proceedings.
Member-
Secretary
and officers
and other
employees
of Board.
Constitution
of Joint
Boards.

PMI, NTPC 11
(b) by the Central Governments (in respect of one or more Union territories)and one
or more Governments of States, contiguous to such Union territory or Union
territories,

to be in force for such period and to be subject to renewal for such further period,
if any, as may be specified in the agreement to provide for the constitution of a
Joint Board-

(i) in a case referred to in clause (a), for the participating States, and

(ii) in a case referred to in clause (b), for the participating Union territory or Union
territories and the State or States.

(2) An agreement under this section may-

(a) provide, in a case referred to in clause (a) of sub-section (1), for the
apportionment between the participating States and in a case referred to in
clause (b) of that sub-section, for the apportionments between the Central
Government and the participating State Government or State Governments, of
the expenditure in connection with the Joint Board;

(b) determine, in a case referred to in clause (a) of sub-section (1) , which of the
participating State Government and in a case referred to in clause (b) of that sub-
section, whether the Central Government or the participating State Government
(if there are more than one participating State, also which of the participating
State Governments) shall exercise and perform the several powers and function
of the state Government under this Act and the references in this Act to the State
Government shall be construed accordingly;

(c) provide for consultation, in a case referred to in clause (a) of sub-section (1)
between the participating State Governments in a case referred to in clause (b) of
that sub-section, between the Central Governments and the participating State
Government or State Governments either generally or with reference to particular
matters arising under this Act;

PMI, NTPC 12
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as
may be deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published, in a case referred to in
clause (a) of sub-section (1), in the Official Gazette of the participating States
and in a case referred to in clause (b) of that sub-section, in the Official Gazette
of the participating Union territory or Union territories and the participating State
or states.

14. (1) A Joint Board constituted in pursuance of an agreement entered into under
clause (a) of sub-section (1) of section 13 shall consist of the following members,
namely:-

(a) a full-time chairman, being a person having special knowledge or practical
experience in respect of matters relating to the use and conservation of water
resources or the prevention and control of water pollution or a person having
knowledge and experience in administering institutions dealing with the matters
aforesaid, to be nominated by the Central Government;

(b) two officials from each of the participating State to be nominated by the
concerned participating State Government to represent that Government;

(c) one person to be nominated by each of the participating State Governments from
amongst the members of the local authorities functioning within the State
concerned;

(d) one non-official to be nominated by each of the participating State Governments
to represent the interests of agriculture, fishery or industry or trade in the State
concerned or any other interest which, in the opinion of the participating State
Government, is to be represented;

(e) two persons to be nominated by the Central Government to represent the
companies or corporations owned, controlled or managed by the participating
Stat Governments;
Composition
of Joint
Boards.

PMI, NTPC 13
(f) a full-time member-secretary qualified in public health engineering and having
administrative experience, to be appointed by the Central Government.

(2) A Joint Board constituted in pursuance of an agreement entered into under
clause (b) of sub-section (1) of section 13 shall consist of the following members,
namely;-

(a) a full-time chairman, being a person having special knowledge or practical
experience in respect of matters relating to the use and conservation of water
resources or the prevention and control of water pollution or a person having
knowledge and experience in administering institutions dealing with the matters
aforesaid, to be nominated by the Central Government;

(b) two officials to be nominated by the Central Government from the participating
Union territory or each of the participating Union territories, as the case may be,
and two officials to be nominated, from the participating State or each of the
participating States. As the case may be, by the concerned participating State
Government;

(c) one person to be nominated by the Central Government from amongst the
members of the local authorities functioning within the participating Union territory
or each of the participating Union territories, as the case may be, and one person
to be nominated, from amongst the members of the local authorities functioning
within the participating State or each of the participating States, as the case may
be, by the concerned participating State Government;

(d) one non-official to be nominated by the Central Government and one person to
be nominated by the participating State Government or State Governments to
represent the interests of agriculture, fishery or industry or trade in the Union
territory or in each of the Union territories or the State or in each of the States as
the case may be, or any other interest which in the opinion of the Central
Government or, as the case may be, of the State Government is to be
represented;


PMI, NTPC 14
(e) two persons to be nominated by the Central Government to represent the
companies or corporations owned, controlled or managed by the Central
Government and situate in the participating Union territory or territories and two
persons to be nominated by the Central Government to represent the companies
or corporation owned, controlled or managed by the participating State
Governments;

(f) A full-time member-secretary qualified in public health engineering and having
administrative experience, to be appointed by the Central Government.

(3) When a Joint Board is constituted in pursuance of an agreement under clause (b)
of sub-section (1) of section 13, the provisions of subsection (4) of section 4 shall
cease to apply in relation to, the Union territory for which the Joint Board is
constituted.

(4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of
section 4 and sections 5 to 12 (inclusive) shall apply in relation to the joint Board
and its member-secretary as they apply in relation to a State Board and its
member-secretary.

(5) Any reference in this Act to the State Board shall, unless the context otherwise
requires, be construed as including a Joint Board.

15. Notwithstanding anything contained in this Act where any Joint Board is
constituted under section 13-

(a) the Government of the State for which the Joint Board is constituted shall be
competent to give any direction under this Act only in cases where such direction
relates to a matter within the exclusive territorial jurisdiction of the State;
(b) the Central Government alone shall be competent to give any direction under this
Act where such direction relaters to a matter within the territorial jurisdiction of
two or more States or pertaining to a Union territory.

Special
Provision
relating to
giving of
directions.

PMI, NTPC 15
CHAPTER IV - POWERS AND FUNCTIONS OF BOARDS

16. (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;
(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 organize the training of persons engaged or to be engaged in
programmes for prevention, control or abatement of water pollution on such
terms and conditions as the central Board may specify;
(e) Organize through mass media a comprehensive programme regarding the
prevention and control or 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.

Functions
of Central
Board.

PMI, NTPC 16
(3) 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.

17. (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;

(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 organizing the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of water pollution and to organize 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) To 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;
Functions
of State
Board

PMI, NTPC 17
(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 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 make, vary or revoke any order-

(i) For the prevention, control or abatement of discharges 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;

(m) 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;

(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;


PMI, NTPC 18
(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.

18. In the performance of its functions under this Act-
(a) The Central Board shall be bound by such directions in writing as the Central
Government may give to it; and
(b) Every State Board shall be bound by such directions in writing as the Central
Board or the State Government may give to it.

Provide that where a direction given by the State Government is inconsistent with the
direction given by Central Government for its decision.

CHAPTER V PREVENTION AND CONTROL OF WATER
POLLUTION

19.(1) Notwithstanding anything 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,-
Power
to give
directions
Power
of State
Government
to restrict
the
application
of the Act to
certain
areas.

PMI, NTPC 19
(a) alter any water pollution, prevention and control area whether by way of
extension or reduction; or
(b) 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.

20. (1) For the purpose of enabling a State Board to perform the functions 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 any stream or well in such area, and may
take steps for the measurement and recording of the rainfall in such area or any
part there of 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.

(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 and
person in charge of any establishment where any industry or trade 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.

Power
to obtain
information.

PMI, NTPC 20
21.(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 water from any stream or well or
samples of any sewage or trade effluent which is passing from any plant or
vessel or from or over any place into any such stream or well.

(2) 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 any legal proceeding
unless the provisions of sub-sections (3), (4) and (5) are complied with.

(3) 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, divide the sample into two parts;

(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,-

(i) In a case where such sample is taken from any area situated in a Union
territory to the laboratory established or recognized by the Central Board
under section 16; and
(ii) In any other case, to the laboratory established or recognized by the
State Board under section 17;

(e) On the request of the occupier or his agent, send the second container,-
Power
to take
samples
of effluents
and
procedure to
be followed
in
connection
therewith.

PMI, NTPC 21
(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 any other case to the laboratory established or specified under sub-
section (1) of section 52.

(4) 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 willfully
absents himself, 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
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-clause (1) or subsection (2), as the case may be, of
section 53, in writing about the willful absence of the occupier or his agent.

(5) 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 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).

22. (1) Where a sample of any sewage or trade effluent has been sent for analysis to the
laboratory established or recognized 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 analyses 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.
Reports of
the result
of analysis
on samples
taken under
section 21.

PMI, NTPC 22
(2) On the receipt of the report under section (1), a 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, an other 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 concerned board.

(3) Where a sample has been sent for analysis under clause (e) of subsection (3) or
subsection (4) of section 21 to any laboratory mentioned therein, the government
analyst referred to in that subsection shall analyse the sample 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
subsection (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 recognized 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 his as arrears of the land revenue or of public
demand.

23. (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 or any notice, order, direction or authorization served, made,
given, or granted under this Act is being or has been complied with;
Power of
Entry and
Inspection.

PMI, NTPC 23
(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 hereunder has been or is
being or is about to be committed and for seizing any such plant, record, 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.

(2) The provisions of the Code of Criminal Procedure 1898, 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 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 98 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.

24. (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 stream or well; 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.

Prohibition
on use of
stream or
well for
disposal of
polluting
matter etc.
5 of 1898

PMI, NTPC 24
(2) A person shall not be guilty of an offence under sub-section (1), by reason only of
having done or caused to be done any of the following acts, namely: -

(a) Constructing, improving or 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;

(b) 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;

(c) Putting into any stream any sand or gravel or other natural deposit which has
flowed from or been deposited by the current of such stream;

(d) 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 condition so specified may by a like
notification be altered, varied or amended.

25.(1) Subject to the precisions of this section no person shall, without the previous
consent of the State Board, bring into use any new or altered outlet for the
discharge of sewage or trade effluent into a stream or well or begin to make any
new discharge of sewage or trade effluent into a stream or well.

(2) An application for consent of the State Board under sub-section (1) shall be
made in the prescribed form and shall contain particulars regarding the proposed
construction, installation or operation of the industrial or commercial
establishment or of any treatment and disposal system or of any extension or
addition thereto and such other particulars as may be prescribed.

Restrictions
on new
outlets
and new
discharges.

PMI, NTPC 25
(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) The State Board may grant its consent referred to in sub-section (1) subject to
such conditions as it may impose, being

(a) In the case of a new or altered outlet, conditions as to the point of discharge into
the stream or well or the construction of the outlet, or as to the use of that outlet
or any other outlet for sewage or trade effluent from the same land or premises;
and

(b) 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 new discharge is to be made, and any such conditions
imposed shall be binding on any person using the outlet, or discharging the
effluent from the land or premises aforesaid.

(5) Where, without the consent of the State Board, a new or alerted outlet is brought
in to use for the discharge of sewage or trade effluent into a stream a well or a
new discharge of sewage or trade effluent is made, the State Board may serve
on the person 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 to such outlet or discharge.

(6) Every State Board shall maintain a register containing such particulars of the
conditions imposed under this section in relation to outlets or in relation to
effluent from land or premises in its jurisdiction and as are for the time being in
force (other than the conditions to be satisfied before an outlet is brought into use
or a new discharge is made) and so much of the register as relates to any outlet,
or to any effluent from such land or premises shall be open to inspection at all
reasonable hours by any person interested in, or affected by, the outlet, or in the
land or premises, as the case may be, or by any person authorized by him in this

PMI, NTPC 26
behalf and the conditions so contained in such register shall be conclusive proof
that the consent was granted subject to such conditions.

(7) 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.

(8) 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;

(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 a 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.

26. Where immediately before the commencement of this Act any person was
discharging any sewage or trade effluent into a stream or well. 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 shall
be made within a period of three months of the constitution of the State Board.

27.(1) A State Board shall not grant its consent to the bringing into use of a new or
altered outlet unless the outlet is so constructed as to comply with any conditions
imposed by the Board to enable it to exercise its right to take samples of the
effluent.
Provision
regarding
existing
discharge
of sewage
or trade
effluent.
Refusal or
withdrawal
of consent
by State
Board.

PMI, NTPC 27
(2) A State Board may from time to time review any condition imposed under section
25 (other than a condition to be satisfied before an outlet is brought into use or a
new discharge is made) or under section 26 and may serve on the person using
the outlet or making the discharge, as the case may be a notice, making any
reasonable variation of or revoking any such condition.

(3) Any Condition 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.

28.(1) Any person aggrieved by an order made by the State Board under section
25,section 26 or section 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.

(2) An appellate authority shall consist of three persons.

(3) The form and manner in which 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.

(5) If the appellate authority determines that any condition imposed, or the variation
of any condition as the case may be was un reasonable, then-

Appeals

PMI, NTPC 28
(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 treaded as
continuing in force unvaried or that it shall be varied in such manner as appears
to it be reasonable.

29. (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 there to 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.
(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.

30. (1) Where under this Act any conditions have been imposed on any person for
bringing into use any new or altered outlet for the discharge of sewage or trade
effluent into a stream or well or for making any new discharge who immediately
before the commencement of this Act, was discharging any sewage or trade
effluent in a stream or well and such conditions require such person to execute
any work in connection there with and such work has not been executed with
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 work specified therein.

Revision
Power of
State Board
to carry out
certain
works.

PMI, NTPC 29
(2) If the person concerned fails to execute the work as required in the notice
referred to in sub-section (1), than, 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.

31. (1) If at any place where any industry or trade is being carried on, due to accident or
other unforeseen act or event, any poisonous, noxious or polluting matter is
being discharged, or is likely to be discharged into a stream or well is being
polluted, or is likely to be polluted, than, the person in charge of such place shall
forthwith intimate the occurrence of such accident, act or event to the State
Board and to such other authorities or agencies as may be prescribed.

(2) Where any local authority operates any sewerage system or sewage works the
provisions of sub-section (1) shall apply to such local authority as they apply in
relation to the person in charge of the place where any industry or trade is being
carried on.

32. (2) Where it appears to the State Board that any poisonous, noxious or polluting
matter is present in any stream or well or has entered into that stream or well due
to any accident or other unforeseen act or event, and if the Board is of opinion
that it is necessary or expedient to take immediate action, it may for reasons to
be recorded in writing, carry out such operations as it may consider necessary for
all or any of the following purposes that is to say,-

(a) Removing that matter from the stream or well and disposing it of in such manner
as the Board considers appropriate;

Furnishing
of information
to State Board
and other
agencies
in certain
cases.
Emergency
measures in
case of
pollution of
stream or
water.

PMI, NTPC 30
(b) Remedying or mitigating any pollution caused by its presence in the stream or
well;

(c) Issuing orders immediately restraining or prohibiting the person concerned from
discharging any poisonous, noxious or polluting matter into the stream or well, or
from making insanitary use of the stream or well

(2) The power conferred by sub-section 1) does not include the power to construct
any works other than works of a temporary character which are removed on or
before the completion of the operations.

33. (1) Where it is apprehended by a Board that the water in any stream or well is likely
to be polluted by reason of the disposal of any matter therein or of any likely
disposal to a court, not inferior to that of a presidency Magistrate or a Magistrate
of the first class, for restraining the person who is likely to cause such pollution
from so causing.

(2) On receipt of an 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
form 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
water in the stream or well, to desist from taking such action as it likely to
cause pollution or, as the case, may be, to remove from such stream or
well, such matter, and ;

(ii) authorize the Board, if the direction under clause (1) (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.

Power of
Board to
make
application
to courts for
restraining
apprehended
pollution of
water in
streams or
wells.

PMI, NTPC 31
(4) All expenses incurred by the Board in removing any matter in pursuance of the
authorization under clause (2) 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.

CHAPTER VI - FUNDS, ACCOUNTS AND AUDIT

34. The central Government may, after due appropriation made by parliament by law
in this behalf, make in each financial year such contributions to the central board
as it may think necessary to enable the Board to perform its function under this
Act.

35. The State Government may, after due appropriation made by the Legislature of
the State by law in this behalf make in each financial year such contributions to
the State Board as it may think necessary to enable that Board to perform its
function under this Act.

36.(1) The Central Board shall have its own fund, and all sums which may, from time to
time, be paid to it by the Central Government and all other receipts (by way of
gifts, grants, donations, benefactions or otherwise) of that Board shall be carried
to the fund of the Board and all payments by the Board shall be made therefrom.

(2) The Central Board may expend such sums as it think fit for performing its
functions under this Act, and such sums shall be treated as expenditure payable
out of the fund of that Board.

37. (1) The State Board shall have its own funds and the sums which may, from time to
time, be paid to it by the State Government and all other receipts (by way of gifts,
grants, donations, benefactions or other wise) of that Board shall be carried to
the fund of the Board and all payments by the Board shall be made therefrom.

Contri-
butions by
Central
Government
Contri-
butions by
State
Government
Fund of
State Board.

PMI, NTPC 32
(2) The State Board may expend such sums as it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure payable
out of the fund of that Board.

38. The Central Board or, as the case may be, the State Board shall during each
financial year, prepare, in such form and at such time as may be prescribed, a
budget in respect of the financial year next ensuing showing the estimated
receipt and expenditure, and copies thereof shall be forwarded to the Central
Government or, as the case may be, the State Government.

39. (1) The Central Board shall, during each financial year prepare in such form and at
such time as may be prescribed, an annual report giving a true and full account
of its activities during the previous financial year and copies there of shall be
forwarded to the Central Government and that Government shall cause every
such report to be laid before both houses of Parliament within six months of the
date on which it is received by that Government.

(2) The State Board shall, during each financial year, prepare, in such form and at
such time as may be prescribed, an annual report giving a true and full account
of its activities during the previous financial year and copies there of shall be
forwarded to the State Government and that Government shall cause every such
report to be laid before the State Legislature within a period of six months of the
date on which it is received by that Government.

40. (1) Every Board shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as may be prescribed by
the Central Government or, as the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified to act as
an auditor of companies under section 226 of the companies Act, 1956.

(3) The said auditor shall be appointed by the central Government or as the may be
the State Government on the advice of the Comptroller and Auditor General of
India.
Budget.
Annual
Report
Accounts
and audit
1 of 1956

PMI, NTPC 33
(4) Every auditor appointed to audit the accounts of the Board under this Act shall
have the right to demand the production of books, accounts connected vouchers
and other documents and papers and to inspect any of the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an audited copy
of the account to the Central Government or, as the case may be, the State
Government.

(6) The Central Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before both Houses of
parliament.

(7) The State Government shall, as soon as may be after the receipt of the audit
report under sub-section (5),cause the some to be laid before the State
legislature.

CHAPTER VII - PENALTIES AND PROCEDURE

41. (1) Whoever fails to comply with any direction given under sub-section (2) or sub-
section (3) of section 20 within such time as may be specified in the direction or
fails to comply with any orders issued under clause (c) of sub-section (1) of
section 32 shall, on conviction, be punishable with imprisonment for a term which
may extend to three months of with fine which may extend to five thousand
rupees or with both and in case the failure continues, with an additional fine
which may extend to one 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 direction issued by a court under sub-section
(2) of section 33 shall, on conviction, be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to five thousand
rupees or with both and in case the failure continues, with an additional fine
which may extend to one thousand rupees for every day during which such
failure continues after the conviction for the first such failure.

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.
Penalty for
certain acts.

PMI, NTPC 34
42. (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

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

(e) fail 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
willfully 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 willfully 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 one thousand rupees or with both.

(2) Where for the grant of a consent in pursuance of the provisions of section25 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 willfully 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 one thousand rupees or with both.


PMI, NTPC 35
43. Whoever contravenes the provisions of section 24 shall be punishable with
imprisonment for a term, which shall not be less than six months but which may
extend to six years and with fine.

44. Whoever contravenes the provisions of section 25 or section 26 shall be
punishable with imprisonment for a term which shall not be less than six months
but which may extend to six years and with fine.

45. 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 tem which shall not be less than one 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.

46. 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 offenders name and place of residence, the
offence and the penalty imposed to be published at the offenders 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.

47. (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
Penalty
for contra-
vention of
provisions
of section
24. Penalty
for contra-
vention of
section 25
or section
26. Enha-
nced pen-
alty after
previous
conviction.
Publication
of names
of offenders.
Offences by
companies.

PMI, NTPC 36
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.

48. 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 ender 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.

49. (1) No court shall take cognizance of any offence under this Act except on a
complaint made by or with previous sanction in writing of the State Board and no
court inferior to that of presidency Magistrate or a Magistrate of the frost class
shall try any offence punishable under this Act.

(2) Notwithstanding anything contained in section 32 of the code of criminal
procedure, 1898, it shall be lawful for any Magistrate of the firs class or for any
presidency magistrate to pass a sentence of imprisonment for a term exceeding
Offences by
Government
Departments
Cognizance
of offences
5 of 1898

PMI, NTPC 37
two year or of fine exceeding two thousand rupees on any person convicted of an
offence punishable under this Act.

50. All members, officers and servants of a Board when acting or purporting to act in
pursuance of any the provisions of this Act and the rules made thereunder shall
be deemed to be public servants within the meaning of section 21 of the Indian
penal Code.

CHAPTER VIII - MISCELLANEOUS

51. (1) The Central Government may, by notification in the official Gazette-

(a) Establish a central water Laboratory: or
(b) Specify any laboratory or institute as a Central Water Laboratory, to carry out the
functions entrusted to the Central Water Laboratory under this act.

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

(a) The functions of the Central 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 from of the laboratorys report
thereunder 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.

52. (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-
Members,
officers and
servants of
Board to be
public
servants.
Central
Water
Laboratory.
State
Water
Laboratory.
45 of 1860

PMI, NTPC 38
(a) The function 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 laboratorys 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.

53. (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 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
Governments, 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 specified or recognized under section 16, or, as
the case may be, under section 17.

54. 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.

55. 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
Analysis.
Reports of
Analysis.
Local
authorities
to assist.

PMI, NTPC 39
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
function.

56. Any land required by a State Board for the efficient performance of its function
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, or under any other corresponding law for the time being in force.

57. 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.

58. 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.

59. 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.

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


61. (1) If at any time the central Government is of opinion -

(a) 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
Compulsory
acquisition
of land for
the State
Board.
Returns and
Reports.
Bar of
Jurisdiction.
Protection of
action taken
to good faith
Over-riding
effect.
Power of
Central
Government
to supersede
the Central
Board and
Joint
Boards.
1 of 1894.

PMI, NTPC 40

(b) 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 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


PMI, NTPC 41
(a) extend the period of supersession for such further term not exceeding six moths,
as it may consider necessary; or
(b) 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.

62. (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.

(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
super session of the Central Board or a Joint Board by the Central Government.

63. (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):
Power of
State
Government
to supersede
the State
Board.
Power of
Central
Government
to make
rules.

PMI, NTPC 42
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 there of 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;

(c) the fees and allowances to be paid to such member of a committee of the Central
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
a Board under sub-section (1) of section 10;

(e) the terms and conditions of service of the chairman and member secretary of the
Central Board under sub-section (9) of section 5 and under sub-section (1) of
section 12;

(f) condition subject to which 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;

(h) the prohibition or regulation of bathing in any stream or well or the washing or
cleaning therein of things of any class or description or the putting of litter or other
objectionable matter, whether poisonous noxious or polluting or into any stream
or well;

PMI, NTPC 43
(i) the prohibition or regulation of the keeping or use on any stream of vessels
provided with sanitary appliances from which polluting matter passes into the
stream;

(j) the form of the report of the Government analyst under sub-section (1) of section
22

(k) the form of the report of the Government analyst under sub-section (3) of
section22;

(l) the form in which, and the time with in which, the budget and annual report of the
Central Board may be prepared and forwarded to the Central Government under
section 38 and 39;

(m) the form in which the accounts of the Central Board may be maintained under
section 40;

(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 in which it is
so laid 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.


PMI, NTPC 44
64. (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 the 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 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 (2) 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.

(e) The terms and conditions of service of the chairman and the member-secretary
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;

Power of
State
Government
to make
rules.

PMI, NTPC 45
(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 matter
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 and annual report of the
State Board may be prepared and forwarded to the state Government under
sections 38 and 39:

(o) The form in which the accounts of the State Board may be maintained under sub-
section (1) of section 40.

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





PMI, NTPC 46
2. 2. TheWater (Prevention TheWater (Prevention a and Control nd Control o of f
Pollution) Amendment Act, 1988 Pollution) Amendment Act, 1988
No. 53 OF 1988

[29
th
September, 1988]

An Act Further to amend the Water
(Prevention and control of pollution) Act, 1974

Whereas in pursuance of clause (1) of article 252 of the constitution, the water
(prevention and control of pollution) Act, 1974 had been passed by parliament:

And WHEREAS some administrative and practical difficulties in effectively implementing
the provisions of the aforesaid Act have come to light it is considered necessary to make
certain amendments thereto;

And WHEREAS, in pursuance of clause (1) of article 252 of the Constitution read with
clause (2) thereof, resolutions have been passed by the Legislative Assemblies of the
States of Himachal Pradesh and Tripura to the effect that the said Act should be
amended by an Act of Parliament for the purposes hereinafter appearing:

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows: -

1. (1) This Act may be called the Water (Prevention and Control of Pollution)
Amendment Act, 1988.

(2) It applies, in the first instance, to the whole of the States of Himachal Pradesh,
and Tripura 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 read with clause (2) thereof.

1 of 1974
Short title,
application
and comme-
ncement.

PMI, NTPC 47
(3) It shall come into force, at once in the States of Himachal Pradesh, and Tripura
and the Union territories, and in any other State which adopts this Act under
clause (1) of articles 252 of the constitution read with clause (2) thereof on the
date of such adoption

2. In section 2 of the water (Prevention and Control of Pollution) Act. 1974
(hereinafter referred to as the principal Act), -

(a) For clause (b), the following clause shall be substituted, namely: -
(b)Central Board means the Central Pollution Control Board constituted under
section 3;;

(b) For clause (d), the following clause shall be substituted, namely:-
(d)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;;

(c) For clause (h), the following clause shall be substituted, namely:-
(h) State Board means a state Pollution Control Board constituted under section
4;;

(d) in clause (k) , for the words trade or industry, the words industry, operation or
process or treatment and disposal system shall be substituted.

3. In section 3 of the principal Act -

(a) in sub-section (1) For the words Central Board for the prevention and control of
Water Pollution the words central pollution control board shall be substituted;

(b) in sub-section (2), For clause (f) , the following clause shall be substituted,
namely:-
(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.
Ammend-
ment of
Section 2
Ammend-
ment of
Section 3

PMI, NTPC 48
4. In section 4 of the principal Act -

(a) in sub-section (1), for the words State Board the words state Pollution Control
Board shall be substituted ;

(b) in sub-section (2), For clause (f) , the following clause shall be substituted,
namely:-
(f) 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.

5. In section 5 of the principal Act, in sub-section (7), for the words shall not be
eligible for renomination for more than two terms the words shall be eligible for
renomination shall be substituted.

6. In section 12 of the principal Act, after sub-section (3A), the following sub-section
shall be inserted, namely:-
(3B) The Board may, by general or special order, and subject to such conditions
and limitations, if any, as may be specified in the order, delegate to any officer of
the Board such of its powers and functions under this Act as it may deem
necessary.

7. In section 14 of the principal Act -

(a) in sub-section (1), for clause (f), the following clause shall be substituted,
namely:-
(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.

(b) in sub-section (2), for clause (f), the following clause shall be substituted,
namely:-
Ammend-
ment of
Section 4

Ammend-
ment of
Section 12

Ammend-
ment of
Section 14


PMI, NTPC 49
(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.

8. In section 16 of the principal Act,-in sub-section (2), after clause (e), the
following clause shall be inserted, namely:-
(EE) perform such of the functions of any State Board as may be specified in an
order made under sub-section (2) of section 18,

9. (1) Section 18 of the principal Act shall be renumbered as sub-section (1) there of,
and after sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely: -

(2) Where the Central Government is of the opinion that any State Board has
defaulted in complying with any directions given by the Central Board 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.

(3) 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 the 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.

(4) 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..
Ammend-
ment of
Section 16

Ammend-
ment of
Section 18


PMI, NTPC 50
10. In section 20 of the principal Act, in sub-section (3), for the words industry or
trade , the words industry, operation or process or treatment and disposal system shall
be substituted.

11. In section 24 of the principal Act, in sub-section (1), in clause (a), for the words
stream or well, the words stream or well or sewer or on land shall be
substituted.

12. In section 25 of the principal Act,-

(a) For sub-sections (1), and (2), the following sub-sections shall be substituted,
namely:-

(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 any extension or addition
thereto, which is likely to discharge sewage or trade effluent in to 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 in to use any new or altered outlet 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, 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.
Ammend-
ment of
Section 20

Ammend-
ment of
Section 24

Ammend-
ment of
Section 25


PMI, NTPC 51
(2) An application for consent of the State Board under sub-section (1) shall
be made in such from, contain such particulars and shall be accompanied
by such fees as may be prescribed,

(b) for sub-sections (4), (5) and (6), the following sub-sections shall be substituted,
namely: -

(4) The State Board may-

(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,
condition 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 there to, 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 step for such establishment have

PMI, NTPC 52
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 condition 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 of the
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 authorized by him in this behalf and the conditions so contained in
such register shall be conclusive proof that the consent was granted
subject to such conditions."

13. In section 27 of the principal Act,-

(a) For sub-section (1), the following sub-section shall be substituted, namely:-

(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 there to, 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 any conditions imposed by the Board to enable it to exercise its
right to take samples of the effluent;

(b) in sub-section (2), for clause (a) the following clause shall be substituted
namely:-

Ammend-
ment of
Section 27


PMI, NTPC 53
(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.

14. In section 30 of the principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-

(1) 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 connection there with 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.

15. In section 31 of the principal Act for sub-section (1) the following
sub-section shall be substituted, namely:-

(1) If at any place where any industry, operation or process, or any treatment
and disposal system or any extension or addition there to is being carried on, due
to accident or other unforeseen act or event, any poisonous, noxious or polluting
matter is being discharged, or is likely to be discharged into a stream or well or
sewer or on land and as a result of such discharge, the water in any stream or
well is being polluted, or is likely to be polluted than the person in charge of such
place shall forth with intimate the occurrence of such accident, act or event to the
State Board and such other authorities or agencies as may be prescribed.

16. In section 32 of the principal Act, in sub-section (1),-

(a) in the opening portion, for the words any stream or well the words any stream
or well or on land by reasons of the discharge of such matter in such "stream or
well or on land" shall be substituted;

Ammend-
ment of
Section 30

Ammend-
ment of
Section 31

Ammend-
ment of
Section 32


PMI, NTPC 54
(b) in clause (a),for the words stream or well, the well, the words streamer well or
on land shall be substituted;

(c) in clause (c), for the words into the stream or well the word into the stream or
well or on land shall be substituted.

17. In section 33 of the principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-

(1) Where it is apprehended by a Board that the water in any stream or well is
likely to be polluted by reasons of the disposal or likely disposal of any matter in
such stream or well or in any sewer or on any land, or otherwise, the Board may
make an application to a court not inferior to that of Metropolitan Magistrate or a
Judicial Magistrate of the first class, for restraining the person who is likely to
cause such pollution from so causing.

18. In Chapter V of the principal Act, after section 33 the following section shall be
inserted, namely:

33A. Not with standing anything contained in any other law but subject to the
provision of this Act, and to any direction that the Central Government may give
in this behalf, a Board may, in the exercise of its powers and performance of its
function 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 here by 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.

Ammend-
ment of
Section 33

Insertion of
new section
33 A.
Power to
give
direction.

PMI, NTPC 55
19. After section 37 of the principal Act, the following section shall be inserted,
namely: -

37A. A Board may with the consent of, or in accordance with the terms of any
general or special authority given to by the Central Government or as the case
may be, the State Government borrow money from any source by way of loans
or issue of bonds debentures or such other instruments, as it may deem fit for the
performance of all or any of its functions under this Act.

20. For section 39 of the Principal Act, the following section shall be substituted,
namely:-

39(1) The Central Board shall during each financial year prepare, in such form
as may be prescribed, an annual report giving full account of its activities under
this Act during the previous financial year and copies thereof shall be forwarded
to the Central Government within four months from the last date of the previous
financial year and that Government shall cause every such report to be laid
before both Houses of parliament with in nine moths from the last date of the
previous financial year.

(2) Every State Board shall during each financial year prepares in such form as
May be prescribed, an annual report giving full account of its activities under this
Act during the previous financial year and copies there of shall be forwarded to
the State Government within four months from the last date of the previous
financial year and that Government shall cause every such report to be laid
before the State Legislature with in a period of nine months form the last date of
the previous financial year

21. For section 41 of the Principal Act, the following section shall be substituted,
namely: -

41. (1) Whoever fails to comply with any direction given under sub-section (2) or
sub-section (3) of section 20 with in such time as may be specified in the
direction shall, on conviction, be punishable with imprisonment for a term which
Insertion of
new section
37 A.
Borrowing
powers of
Board.
Substitution
of new
section for
section 39.
Annual
Substitution
of new
section for

PMI, NTPC 56
may extend to three months or with fine which may extend to ten thousand
rupees or with both and in case of failure continue, 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 (c) 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 33 shall, in respect of each such
failure and on conviction, be punishable with imprisonment for a term which shall
not be lees 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.

(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.

22. In section 42 of the principal Act, for the words one thousand rupees, wherever
they occur, the words ten thousand rupees shall be substituted.

23. In sections 43 and 44 of the principal Act, for the word Six months the words
one year and six months shall, respectively, be substituted.

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
Amendment
of section
42.
Amendment
of sections 43
& 44.

PMI, NTPC 57
24. In section 45 of the principal Act, for the words One year the words Two year
shall be substituted.

25. After section 45 of the principal Act, the following section shall be inserted,
namely:-

45A. Whoever contravenes any of the provision 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 extend to five thousand rupees for every day during
which such contravention or failure continues after conviction for the first such
contravention or failure.

26. In section 49 of the principal Act,-

(a) For sub-section (1), the following sub-section shall be substituted, namely:-

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

A Board or any officer authorized in this behalf by it; or

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 authorized as aforesaid.

and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence punishable under this Act,.

(b) Sub-section (2) shall be renumbered as sub-section (3) and before sub-section (3)
as so renumbered the following sub-section shall be inserted, namely:-

Amendment
of section
Insertion of
new section
45A.
Presently
for
contraventi
on of
Amendment
of section

PMI, NTPC 58
(2) Where a complaint has 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.

27. In section 63 of the principal Act, in sub-section (2):-

(a) For clause (l), the following clauses shall be substituted, namely:-

(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;";
(b) after clause (m), the following clause shall be inserted, namely:-

(mm) the manner in which notice of intention to make a complaint shall be given
to the central board or officer authorized by it under section 49.;;

29. In section 64 of the principal Act, in sub-section (2):-

(a) for clause (n), the following clauses shall be substituted, namely:-

(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;

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

(b) After clause (o), the following clause shall be inserted, namely:-

Amendment
of section
Amendment
of section

PMI, NTPC 59
(oo) the manner in which notice of intention to make a complaint shall be given
to the State Board or officer authorized by it under section 49;;.



PMI, NTPC 60
3. 3. The: Air Prevention The: Air Prevention a and Control nd Control o of f
Pollution Pollution Act, 1981 Act, 1981
NO.14 OF 1981
[29
th
March, 1980]

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 there to and
for matters connected therewith.

WHEREAS decisions were taking at the United Nation Conference on the Human
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which, among
other things, include the preservation of the quality of air and control 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;

Be it enacted by parliament in the thirty-second year of the Republic of India as follows: -

CHAPTER 1 - PRELIMINARY

1. (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 in to force on such date as the central government may, by
notification in the official Gazette, appoint.

2. In this Act, unless the context otherwise requires,-

Short title,
extent and
commence-
ment
Definitions.

PMI, NTPC 61
(a) Air pollutant means any solid, liquid or gaseous substance present in the
atmospheres in such concentration as may be or tend to be injurious to human
being 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 of 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 purposes 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;

(f) Board means the Central Board or a State Board;

(g) Central Board means the Central Board for the prevention and control of Water
pollution Constituted under section 3 of the Water (prevention and Control of
pollution) act, 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 a used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;
6 of 1974

PMI, NTPC 62
(l) member means a member of the Central Board or a State Board as the case
may be and includes the Chairman there of;

(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 where the said affairs
are entrusted to a managing agent, such agent shall be deemed to be the
occupier of the factory or the premises;

(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
Board for the prevention and control of water pollution under section 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 section 5 of this Act.

CHAPTER II - CENTRAL AND STATE BOARDS FOR THE
PREVENTION AND CONTROL OF AIR POLLUTION

3. The central board for the prevention and control of water pollution constituted
under section 3 of the water (prevention and control of pollution) act, 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
board for the prevention and Control of Air Pollution under this Act.

6 of 1974
6 of 1974
Central
Board for
the
Prevention
and control
of Air
Pollution

PMI, NTPC 63
4. In any 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 Board
for the prevention and control of water pollution under section 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 section 5 of this Act and accordingly
that State Board for the Prevention and Control of Water Pollution 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.

5. (1) In any State in which the water (prevention and Control of Pollution) Act, 1974, is
not in force, or that Act is in force but the State Government has not constituted a
State Board for the prevention and control of water pollution 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 State Government to represent that Government;

6 of 1974
6 of 1974
State
Boards for
the
Prevention
and control
of Water
Pollution to
be State
Boards for
the
Prevention
Constitutio
n of State
Boards.


PMI, NTPC 64
(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;

(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 practical experience in respect of matters
relating to environmental protection and having administrative experience, 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 by the said name sue or be sued.

6. 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.
Central
Board to
exercise the
powers and
perform the
functions
of a State
Board in

PMI, NTPC 65
7. (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 term of office of a member of a State Board constituted under this Act and
nominated under clause (b) or clause (e) of sub-section (2) of section 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 the virtue of which he was
nominated.

(3) A member of a State Board constituted under this Act, other than the member-
secretary, 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 the
Chairman or such other member shall thereupon become vacant.

(4) A member of a State Board constituted under this Act, 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 State Board, from three consecutive
meetings of the State Board, or where he is nominated under clause (c) of sub-
section (2) of section 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
Terms and
conditions
of service
of
members.


PMI, NTPC 66
only for the reminder 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 re-
nomination but not for more than two terms.

(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.

8. (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 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, 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
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 programs for the improvement of the quality of air or for the prevention,
control or abatement of air pollution, or
Disquali-
fications


PMI, NTPC 67
(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 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) or sub-section (6) of
section 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.

9. If a member of a State Board constituted under this Act becomes subject to any
of the disqualifications specified in section 8, his seat shall become vacant.

10. (1) For the purposes of this Act, 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.

(2) Copies of the minutes of the meetings under sub-section (1) shall be forwarded
to the Central Board and to the State Government concerned.

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

Vacation of
seats by
members.
Meetings
of Board

Constitu-
tion of
committees
.

PMI, NTPC 68
(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 the 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.

12. (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 of the Board for any other purpose.

(3) A person associated with a Board under sub-section (1) shall be entitled to
receive such fees and allowances as may be prescribed.
13. 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.

14. (1) The terms and conditions of service of the member-secretary of a State Board
constituted under this Act shall be such as may be prescribed

(2) The member-secretary of a State Board, whether constituted under this Act or
not, shall exercise such powers and perform such duties as may be prescribed.

(3) Subject to such rules as may be made by the State Government in this behalf, a
State Board, whether constituted under this Act or not, may appoint such officers
and other employees as it considers necessary for the efficient performance of its
functions under this Act.

Temporary
association
of persons
with Board
for
particular
Vacancy in
Board not
to
invalidate
acts or
Member
Secretary
and officers
and other
employees
of State
Boards.

PMI, NTPC 69
(4) The method of appointment, the conditions of service and the scales of pay of
the officers (other than the member-secretary) and other employees of a State
Board appointed under sub-section (3) shall be such as may be determined by
regulations made by the State Board under this Act.

(5) Subject to such conditions as may be prescribed, a State Board constituted
under this Act may from time to time appoint any qualified person to be a
consultant to the Board and pay him such salary and allowances or fees, as it
thinks fit.

15. A State Board may, by general or special order, delegate to the Chairman or the
member-secretary or any other officer of the Board subject to such conditions
and limitations, if any, as may be specified in the order, such of its powers and
functions under this Act as it may deem necessary.

CHAPTER III - POWERS AND FUNCTIONS OF BOARDS

16. (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, 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-ordinate the activities of the State Boards and resolve disputes among them;

Delegation
of powers.

Functions
of Central
Board.
6 of 1974

PMI, NTPC 70
(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;

(e) plan and organize the training of persons engaged or to be 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;

(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 functions 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.


PMI, NTPC 71
17. (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, 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 at 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
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:

Functions
of State
Boards.
6 of 1974


PMI, NTPC 72
Provided that different standards for emission may be laid down under this
clause for different industrial plants having regard to the quantity and composition
of emission of air pollutants into the atmosphere from such industrial plants;

(h) to advise the State Government with respect to the suitability of any premises or
location for carrying on 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;

(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 purposes 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.

18. In the performance of its functions under this Act-

(a) the Central Board shall be bound by such directions in writing as the Central
Government may give to it; and

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

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.

CHAPTER IV - PREVENTION AND CONTROL OF AIR POLLUTION

19.(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,
Power to
give
Directions.
Power to
give declare
air pollution
control areas


PMI, NTPC 73
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) alter 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 pollution control areas or 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 than three months from the date of
publication of the notification) as may be specified in the n0tification.

(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 there of may cause 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.

20. With a view to ensuring that the standards for emission of air pollutants from
automobiles laid down by the Sate Board under clause (g) of sub-section (1) of

PMI, NTPC 74
section 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, 1939, and such authority shall, not withstanding anything contained
in that Act or the rules made thereunder be bound to comply with such
instructions.

21. (1) Subject to the provisions of this section, no person shall, without the previous
consent of the Sate Board, operate any industrial plant for the purpose of any
industry specified in the Schedule in an air pollution control area.

(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 of any area
as an air pollution control area, operates in such area any industrial plant for the
purpose of any industry specified in the schedule, 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 maybe 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, either
grant or refuse, for reasons to be recorded in the order, the consent applied for.
(5) Every person to whom consent has been granted by the State Board under sub-
section (4), shall comply with the following conditions, namely-
Power to
give
instructions
for ensuring
standards for
emission
from
automobiles.

Restrictions
on use of
certain
industrial
plants.

PMI, NTPC 75

(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 is
carried on or proposed to be carried on;

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

(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all
times in good running condition;

(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 clauses (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 for the purpose of
any industry specified in the Schedule 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 clause (i), or

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

(c) after the erection or re-erection of any chimney under clause (iv),


PMI, NTPC 76
no control equipment or 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 as so varied.

(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.

22. No person carrying on any industry specified in the Schedule or operating any
industrial plant, in any air pollution control area shall discharge or cause or permit
to be discharged the emission of any air pollutant in excess of the standards laid
down y the State Board under clause (g) of sub-section (1) of section 17.

23.(1) Where in any air pollution control 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 forth with 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 or agencies shall, as early as practicable, cause such remedial
Persons carrying
on industry, etc.,
not to allow
emission of air
pollutants in
excess of the
standards laid
down by State
Board.
Furnishing
of
information
to State
Board and

PMI, NTPC 77
measures to be taken as are necessary to mitigate the emission of such air
pollutants.

(3) Expenses, if any, incurred 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 for the expenses is made until it is paid, may be recovered by
that Board, authority or agency from the person concerned, as arrears of land
revenue, or of public demand.

24.(I) 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 any 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 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 carrying on any industry specified in the schedule and 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
Power of
entry and
inspection

PMI, NTPC 78
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 wilfully 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, 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 provisions of
the said law.

25. 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 any information (including
information regarding the types of air pollutants emitted into the atmosphere and
the level of the emission of such air pollutants) from the 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.

26. (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.

Power
obtain
information
Power to
take
samples of
air or
emission
and
procedure
to be
followed in
connection
therewith.

2 of 1974

PMI, NTPC 79
(3) Subject to the provisions of sub-section (4), when a sample of emission is taken
for analysis under sub-section (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
recognised by the State Board under section 17 or, if a request in that behalf is
made by the occupier or his agent when the notice is served on him under clause
(a), to the laboratory established or specified under sub-section (1) of section 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
clause (a) of sub-section (3), then,-

(a) in a case where the occupier or his agent wilfully 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 container of the
sample of emission as required under clause (c) of sub-section (3), the marked
and sealed container or containers shall be signed by the person taking the
sample,


PMI, NTPC 80
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 section 28 any such person shall inform the Government analyst
appointed under sub-section (1) of section 29, in writing, about the wilful absence
of the occupier or his agent, or, as the case may be, his refusal to sign the
container or containers.

27.(1) Where a sample of emission has been sent for analysis to the laboratory
established or recognised by the State Board, the Board analyst appointed under
sub-section (2) of section 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 section 23,
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 clause (d) of sub-section (3) or
sub-section (4) of section 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 clause (d) of sub-section (3) of section 26 or when he
wilfully absents himself or refuses to sign the marked and sealed container or
containers of sample of 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 him as arrears of land revenue or of public demand.

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

Reports of
the Result
of analysis
on samples
taken under

PMI, NTPC 81
(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 test, the form of the Laboratorys 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.

29.(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
section 28.

(2) Without prejudice to the provisions of section 14, the State Board may, by
notification in the Official Gazette, and with 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 any laboratory established or recognised under
section 17.

30. 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 proceeding under this Act.

Reports of
analysis.


PMI, NTPC 82
31.(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 an appeal to such authority (herein after 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.

(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 payble 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.

CHAPTER V - FUND, ACCOUNTS AND AUDIT

32. The Central Government may, after due appropriation made by Parliament by
law in this behalf, make in each financial year such contributions to the State
Boards as it may think necessary to enable the State Boards to perform their
functions under this Act:

Provided that nothing in this section shall apply to any State Board for the
Prevention and Control of Water Pollution constituted under section 4 of the
Water (Prevention and Control of Pollution) Act, 1974, which is empowered by
that Act to expend money from its fund thereunder also for performing its
junctions, under any law for the time being in force relating to the prevention,
control or abatement of air pollution.

Appeals

Contribution
by Central
Government.


PMI, NTPC 83
33. (1) Every State Board shall have its own fund for the purposes of this Act and all
sums which may, from time to time, be paid to it by the Central government and
all other receipts (by way of contributions, if any, from the State Government,
fees, gifts, grants, donations, benefactions or otherwise) of that Board shall be
carried to the fund of the Board and all payments by the Board shall be made
therefrom.

(2) Every State Board may expend such sums as it thinks fit for performing its
functions under this Act and such sums shall be treated as expenditure payable
out of the fund of that Board.

(3) Nothing in this section shall apply to any State Board for the Prevention and
Control of Water Pollution constituted under section 4 of the Water (Prevention
and Control of Pollution) Act, 1974, which is empowered by that Act to expend
money from its fund thereunder also for performing its functions, under any law
for the time being on force relating to the prevention, control or abatement of air
pollution.

34. The Central Board or, as the case may be, the State Board shall, during each
financial year, prepare, in such form and at such time as may be prescribed, a
budget in respect of the financial year next ensuing showing the estimated
receipt and expenditure under this Act, and copies thereof shall be forwarded to
the Central Government or as the case may be, the State Government.

35.(1) The Central Board shall, during each financial year, prepare, in such form and at
such time as may be prescribed, an annual report giving full account of its
activities under this Act during the previous financial year and copies thereof
shall be forwarded to the Central Government and that Government shall cause
every such report to be laid before both houses of Parliament within a period of
six months of the date on which it is received by that Government.

(2) Every State Board shall, during each financial year, prepare, in such form and at
such time as may be prescribed, an annual report giving full account of its
activities under this Act during the previous financial year and copies thereof,
Fund of
Board.

6 of 1974
Budget

Annual
Report


PMI, NTPC 84
shall be forwarded to the State Government and that Government shall cause
every such report to be laid before the State Legislature within a period of nine
months of the date on which it is received by that Government.

36.(1) Every Board shall, in relation to its functions under this Act, maintain proper
accounts and other relevant records and prepare an annual statement of
accounts in such form as may be prescribed by the Central Government or, as
the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified to act as
an auditor of companies under section 226 of the Companies Act, 1956.

(3) The said auditor shall be appointed by the Central Government or, as the case
may be, the State Government on the advice of the Comptroller and Auditor-
General of India.

(4) Every auditor appointed to audit the accounts of the Board under this Act shall
have the right to demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect any of the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an audited copy
of the accounts to the Central Government or, as the case may be, the State
Government.

(6) The Central government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before both Houses of
Parliament.

(7) The State Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before the State
Legislature.

Accounts
and audit.

1 of 1956

PMI, NTPC 85
CHAPTER VI - PENALTIES AND PROCEDURE

37.(1) Whoever fails to comply with the provisions of sub-section (5) of section 21 or
section 22 or with any order or direction given under this Act shall, in respect of
each such failure, 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 one hundred 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 may extend to six months.

38. 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
(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 the Board or any officer or other employee of the Board any
information required by the Board or such office, 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 section 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
(g) for the purpose of obtaining any consent under section 21, makes a statement
which is false in any material particular, shall be punishable with imprisonment
Failure to
comply
with the
provisions
of section
21(5) or
section 22
or with
orders or
Penalties
for certain
acts.


PMI, NTPC 86
for a tem which may extend to three months or with fine which may extend to five
hundred rupees or with both.

39. Whoever contravenes any of the provisions of this Act, for which no penalty has
been else where provided in this Act, shall be punishable with fine which may
extend to five thousand rupees, and in the case of continuing contravention, with
an additional fine which may extend to one hundred rupees for every day during
which such contravention continues after conviction for the first such
contravention.

40. (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 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 and 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 in 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

Penalty for
contraventi
on of
certain
provisions
of the Act.

Offences
by
companies.


PMI, NTPC 87
(b) director, in relation to a firm, means a partner in the firm.

41.(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 or 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.

42. 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.

43. No court shall take cognizance of any offence under this Act except on a
complaint made by, or with the previous sanction in writing of, the State Board,
and no court inferior to that of a Metropolitan Magistrate or a Judicial magistrate
of the first class shall try any offence punishable under this Act.

44. 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
section 21 of the Indian penal Code.

Offences by
Government
Departments
Protection
of action
taken in
good faith.

Cognizance
of offenses.

Members,
officers and
employees of
Board to be
public
servants.

PMI, NTPC 88
45. 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 to the 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.

46. 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.

CHAPTER VII - MISCELLANEOUS

47. (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 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.

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

Reports
and returns.

Bar of
jurisdiction
Power of
State
Governmen
t to
supersede
State
Board.


PMI, NTPC 89
(a) all the members shall, as from the date of supersession, vacate their offices as
such;

(b) (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 clause (a) of
sub-section (2) shall also be eligible for nomination or appointment:

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 clause (b) of this sub-section.

48. Where the Central Board or any State Board constituted under the Water
(Prevention and Control of Pollution) Act, 1974, is superseded by the Central
Government or the State Government, as the case may be, under that Act, all the
powers, functions and duties of the Central Board or such State Board under this
Act shall be exercised, performed or discharged during the period of such
supersession by the person or persons, exercising, performing or discharging the
powers, functions and duties of the Central Board or such State Board under the
Water (Prevention and Control of Pollution) Act, 1974, during such period.

Special
provision in
the case of
supersession
of Central
Board or the
State Boards
constituted
under the
Water
(Prevention
and Control
of Pollution)
Act, 1974.


PMI, NTPC 90
49. (1) As and when the Water (Prevention and Control of Pollution). Act, 1974, comes
into force in any State and the State Government constitutes a State Board for
the Prevention and Control of Water Pollution under that Act, the State Board
constituted by the State Government under this Act shall stand dissolved and the
Board first-mentioned shall exercise the powers and perform the functions of the
Board second mentioned in that State.

(2) On the dissolution of the State Board constituted under this Act,

(a) all the members shall vacate their offices as such;

(b) all moneys and other property of whatever kind (including the fund of the State
Board) owned by, or vested in, the State Board, immediately before such
dissolution, shall stand transferred to and vest in the State Board for the
Prevention and Control of Water Pollution;

(c) every officer and other employee serving under the State Board immediately
before such dissolution shall be transferred to and become an officer or other
employee of the State Board for the Prevention and control of Water Pollution
and hold office by the same tenure and at the same remuneration and on the
same terms and conditions of service as he would have held the same if the
State Board constituted under this Act had not been dissolved and shall continue
to do so unless and until such tenure, remuneration and terms and conditions of
service are duly altered by the State Board for the Prevention and Control of
Water Pollution

Provided that the tenure, remuneration and terms and conditions of service of
any such officer or other employee shall not be altered to his disadvantage
without the previous sanction of the State government;

(d) all liabilities and obligations of the State Board of whatever kind immediately
before such dissolution shall be deemed to be the liabilities or obligations, as the
case may be, of the State Board for the Prevention and Control of Water
Pollution and any proceeding or cause of action, pending or existing immediately
Dissolution
of State
Boards
constituted
under the
Act.


PMI, NTPC 91
before such dissolution by or against the State Board constituted under this Act
in relation to such liability or obligation may be continued and enforced by or
against the State Board for the Prevention and Control of Water Pollution.

50.(1) The Central government may, of its own motion or on the recommendation of a
Board, by notification in the Official Gazette, add to, or omit from, the Schedule
any industry or alter the description of any industry and thereupon the Schedule
shall be deemed to be amended accordingly.

(2) Every notification made under sub-section (1) shall be laid, as soon as may be
after it is made, before each House of Parliament.

51.(1) Every State Board shall maintain a register containing particulars of the persons
to whom consent has been granted under section 21, the standards for emission
laid down by it in relation to each such consent and such other particulars as may
be prescribed.

(2) The register maintained under sub-section (1) shall be open to inspection at al
reasonable hours by any person interested in or affected by such standards for
emission or by any other person authorized by such person in this behalf.

52. Save as otherwise provided by or under the Atomic Energy Act, 1962, in relation
to radioactive air pollution the provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other
than this Act.

53.(1) The Central government may, in consultation with the Central Board, by
notification in the Official Gazette, make rules in respect o the following matters,
namely-

(a) the intervals and the time and place at which meetings of the Central Board or
any committee thereof shall be held and the procedure to be followed at such
meetings, including the quorum necessary for the transaction of business
Power to
amend the
schedule.

Maintenanc
e of
register.

Effect of
other laws.

Power of
Central
Governmen
t to make
rules


PMI, NTPC 92
thereat, under sub-section (1) of section 10 and under sub-section (2 ) of section
11;

(b) the fees and allowances to be paid to the members of a committee of the Central
Board, not being members of the Board under sub-section (3) of section 11;

(c) the manner in which and the purposes for which persons may be associated with
the Central Board under sub-section (1) of section 12;

(d) the fees and allowances to be paid under sub-section (3) of section 12 to
persons associated with the Central Board under sub-section (1) of section 12;

(e) the functions to be performed by the Central Board under clause (1) of sub-
section (2) of section 16;

(f) the form in which and the time within which the budget and the annual report of
the Central Board may be prepared and forwarded to the Central Government
under sections 34 and 35;

(g) the form in which the accounts of the Central board may be maintained under
sub-section (1) of section 36.

(2) 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.


PMI, NTPC 93
54.(1) Subject to the provisions of sub-section (3), the State Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this
Act in respect of matters not falling within the purview of section 53.

(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 Chairman and other members (other
than the member-secretary of the State Board constituted under this Act under
sub-section (7) of section 7;

(b) the intervals and the time and place at which meetings of the State Board or any
committee thereof shall be held and the procedure to be followed at such
meetings, including the quorum necessary for the transaction of business threat,
under sub-section (1) of section 10 and under sub-section (2) of section 11;

(c) the fees and allowances to be paid to the members of a committee of the State
Board, not being members of the Board under sub-section (3) of section 11;

(d) the manner in which and the purposes for which persons may be associated with
the State Board under sub-section (1) of section 12;

(e) the fees and allowances to be paid under sub-section (3) of section 12 to
persons associated with the State Board under sub-section (1) of section 12;

(f) the terms and conditions of service of the member-secretary of a State Board
constituted under this Act under sub-section (1) of section 14;

(g) the powers and duties to be exercised and discharged by the member-secretary
of a State Board under sub-section (2) of section 14;

(h) the conditions subject to which a State Board may appoint such officers and
other employees as it considers necessary for the efficient performance of its
functions under sub-section (3) of section 14;
Power of
State
Government
to make
rules


PMI, NTPC 94
(i) the conditions subject to which a State Board may appoint a consultant under
sub-section (5) of section 14;

(j) the functions to be performed by the State Board under clause (i) of sub-section
(1) of section 17;

(k) the manner in which any area or areas may be declared as air pollution control
area or areas under sub-section (1) of section 19;

(l) the form of application for the consent of the State Board, the fees payable
therefore, the period within which such application shall be made and the
particulars it may contain, under sub-section (2) of section 21;

(m) the procedure to be followed in respect of an inquiry under sub-section (3) of
section 21;

(n) the authorities or agencies to whom information under sub-section (1) of section
23 shall be furnished;

(o) the manner in which samples of air or emission may be taken under sub-section
(1) of section 26;

(p) the form of the notice referred to in sub-section (3) of section 26;

(q) the form of the report of the State Board analyst under sub-section (1) of section
27;

(r) the form of the report of the Government analyst under sub-section (3) of section
27;

(s) the functions of the State Air Laboratory, the procedure for the submission to the
same Laboratory of samples of air or emission for analysis or tests, the form of
Laboratorys report thereon, the fees payable in respect of such report and other
14 of 1981


PMI, NTPC 95
matters as may be necessary or expendent to enable that Laboratory to carry out
its functions, under sub-section (2) of section 28;

(t) the qualifications required for Government analysts under sub-section (1) of
section 29;

(u) the qualifications required for State Board analysts under sub-section (2) of
section 29;

(v) the form and the manner in which appeals may be preferred, 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 31;

(w) the form in which and the time within which the budget and annual report of the
State Board may be prepared and forwarded to the State Government under
sections 34 and 35;

(x) the form in which the accounts of the State Board may be maintained under sub-
section(1) of section 36;

(y) the particulars which the register maintained under section 51 may contain;

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

(3) After the first constitution of the State Board, no rule with respect to any of the
matters referred to in sub-section (2) [other than those referred to in clause (a)
thereof], shall be made varied, amended or repealed without consulting that
Board.


PMI, NTPC 96
THE SCHEDULE

(SEE SECTIONS 21, 22, 24 AND 50)

1. Asbestos and asbestos products industries.
2. Cement and cement products industries.
3. Ceramic and ceramic products industries.
4. Chemical and allied industries.
5. Coal and lignite based chemical industries.
6. Engineering industries.
7. Ferrous metallurgical industries.
8. Fertilizer industries.
9. Foundries.
10. Food and agricultural products industries.
11. Mining industry.
12. Non-ferrous metallurgical industries.
13. Ores/mineral processing industries including beneficiation, pelletization, etc.
14. Power (coal, petroleum and their products) generating plants and boiler plants.
15. Paper and pulp (including paper products) industries.
16. Textile processing industry (made wholly or in part of cotton).
17. Petroleum refineries.
18. Petroleum products and petro-chemical industries.
19. Plants for recovery from and disposal of wastes.
20. Incinerators.


PMI, NTPC 97
4. 4. TheAir (Prevention TheAir (Prevention a and Control nd Control o of f
Pollution) Amendment Act, 1987 Pollution) Amendment Act, 1987
NO. 47 OF 1987
[16
TH
December, 1987]

An Act to amend the Air (Prevention and Control of Pollution) Act,1981.

Be it enacted by Parliament in the Thirty-eight year of the Republic of India as follows:-

1. (1) This Act may be called the Air (Prevention and Control of Pollution) Amendment
Act, 1987.

(2) 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 States and for different provisions of this Act.

2. In section 2 of the Air (Prevention and control of Pollution) Act, 1981 (hereinafter
referred to as the principal Act),-

(i) in clause (a), after the words gaseous substance the brackets and words
(including noise) shall be inserted;

(ii) in clause (g), for the words Central Board for the Prevention and Control of
Water Pollution, the words Central Pollution Control Board shall be substituted;

(iii) for clause (m), the following clause shall be substituted, namely:-

(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;;

6 of 1974

Short title
and
commen-
Amendment
of section.
6 of 1974


PMI, NTPC 98
(iv) in clause (c), in sub-clause (i), for the words State Board for the Prevention and
Control for Water Pollution, the words State Pollution Control Board shall be
substituted.

3. For sections 3 and 4 of the principal Act, the following sections shall be
substituted, namely:-

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


4. In any 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 Section 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 section 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..

4. In section 5 of the principal Act,-

(i) in sub-section (1), For the words State Board for the Prevention and
Control of Water Pollution , the words State Pollution control Board shall
be substituted ;

(ii) in sub-section (2) , for clause (f), the following clause shall be substituted,
namely:-

Substitution
of new
sections for
sections 3&4
6 of 1974

Central
Pollution
Control Board
State
Pollution
Control
Boards
constituted
under section
4 of Act 6 of
1974 to be
State Board
under this
Act.

Amendmen
t of section
5.


PMI, NTPC 99
(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:.

5. In sub-section (6) of section 7 of the principal Act, the words but not for more
than two terms shall be omitted.

6. In section 14 of the principal Act, for sub-section (2), the following sub-section
shall be substituted, namely:-

(2) The member-secretary of a State Board, whether constituted under this Act
or not, 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 State Board
or its Chairman,.

7. In sub-section (2) of section 16 of the principal Act, after clause (d), the following
clause shall be inserted, namely:-

(dd) perform such of the functions of any State Board as may be specified in an
order made under sub-section (2) of section 18;

8. Section 18 of the principal Act shall be renumbered as sub-section (1) thereof,
and after sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely:-

(2) Where the Central Government is of the opinion that any State Board has
defaulted in Complying with any directions given by the Central Board
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
purpose, as may be specified in the order.

Amendment
of section 7.
Amendment
of section
Amendment
of section
Amendment
of section

PMI, NTPC 100
(3) 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 the 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 of persons concerned as arrears of land revenue or of public
demand.

(4) 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.

9. In section 21 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted , namely:-

(1) Subject to the provision 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 section 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.

(ii) in the proviso to sub-section (2), the words for the purpose of any industry
specified in the Schedule shall be omitted;
Amendment
of section

PMI, NTPC 101
(iii) in sub-section (4):-

(a) for the words either grant or refuse, for reasons to be recorded in the
order, the consent applied for, the words 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
shall be substituted;

(b) the following provisos shall be inserted at the end namely:-

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 refuse further
consent after such expiry if the conditions subject to which such consent
has been granted are not fulfilled:

Provided further that before cancelling a consent or refusing a further
consent under the first proviso, a reasonable opportunity of being beard
shall be given to the person concerned.

(iv) In the first proviso to sub-section (5), the words for the purpose of any industry
specified in the Schedule shall be omitted;

10. In section 22 of the principal Act, the words carrying on any industry specified in
the Schedule or shall be omitted.

11. After section 22 of the principal Act, the following section shall be inserted,
namely:-

22A. (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 clause (g) of sub-
section (1) of section 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
Amendmen
t of section
Insertion of
new section
22A.
Power of
Board to
make
application
to court for
restraining
persons
from
causing air
pollution.


PMI, NTPC 102
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 clause (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 clause (b) of sub-section (3) shall be recoverable from the person
concerned as arrears of land revenue or of public demand.

12. In section 23 of the principal Act, in sub-section (1), the words air pollution
control shall be omitted.

13. In section 24 of the principal Act, in sub-section (2), the words carrying on any
industry specified in the Schedule and every person shall be omitted.

14. In Chapter IV of the principal Act, after section 31, the following section shall be
inserted, namely:-

31A. 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
Amendment
of section
Amendment
of section
Insertion of
new section
31A.
Power to
give
directions.


PMI, NTPC 103
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.

I5. In the proviso to section 32, in sub-section (3) of Section 33 and in section 49 of
the principal Act, for the words State Board for the Prevention and Control of
Water Pollution wherever they occur, the words State Pollution Control Board
shall be substituted.

16. After section 33 of the principal Act, the following section shall be inserted,
namely:-

33A. A Board may, with the consent of, or in accordance with the terms of any
general or special authority given to it by, the Central Government or, as the case
may be, the Sate Government, borrow money from any source by way of loans or
Issue of bonds, debentures or such other instruments, as it may deem fit, for
discharging all or any of its functions under this Act.

17. For section 35 of the principal Act, the following section shall be substituted,
namely:-

35. (1) The Central Board shall, during each financial year, prepare in such form
as may be prescribed, an annual report giving full account of its activities under
this Act during the previous financial year and copies thereof shall be forwarded
to the Central Government within four months from the last date of the previous
financial year and that Government shall cause every such report to be laid
before both Houses of Parliament within nine months of the last date of the
previous financial year.

Amendment
of sections
32, 33 and
Insertion of
new section
33A.
Borrowing
powers of
Board.
Substitution
of new
section for
section 35.
Annual
Report.


PMI, NTPC 104
(2) Every State Board shall, during each financial year, prepare, in such form as
may be prescribed, an annual report giving full account of its activities under this
Act during the previous financial year and copies thereof shall be forwarded to
the State Government within four months from the last date of the previous
financial year and that Government shall cause every such report to be laid
before the State Legislature within a period of nine months from the last date of
the previous financial year..

18. For section 37 of the principal Act, the following section shall be substituted,
namely:

37. (1) Whoever fails to comply with the provisions of section 21 or section 22 or
directions issued under section 3lA, 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 seven years and with fine.

19. In section 38 of the principal Act for the words five hundred rupees, the words
ten thousand rupees shall be substituted.

20. For section 39 of the principal Act, the following section shall be substituted,
namely:-

39. Whoever contravenes any of the provisions of this Act or any order or
direction issued there under, 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,
Substitution
of new
section for
section 37.
Failure to
comply
with the
provisions
of section
21 or
section 22
or with the
directions
issued
under
section
31A.

Amendmen
t of section.
Substitution
of new
section for
section 39.

Penalty for
contraventi
on of
certain
provisions
of the Act.


PMI, NTPC 105
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..

21. For section 43 of the principal Act, the following section shall be
substituted, namely:-

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

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

and no court inferior to that 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..

22. Section 50 of the principal Act shall be omitted.

23. In section 53 of the principal Act, in sub-section (1), for clause (f). the following
clauses shall be substituted, namely:-

(f) 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 34;

Substitution of
new section for
section 43.
Cognizance
of offences.
Omission
of section
Amendment
of section

PMI, NTPC 106
(ff) the form in which the annual .report of the Central Board may be prepared
under section 35;

24. In section 54 of the principal Act:-

(a) in sub-section (2) :-

(i) clause (a) shall be renumbered as clause (aa), and before clause (aa) as
so renumbered the following clause shall be inserted namely: -

(a) the qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control required for
appointment as member-secretary of a State Board constituted under the
Act;;

(ii) for clause (w), the following clauses shall be substituted, namely: -

(w) 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 34;

(ww) the form in which the annual report of the State Board may be
prepared under section 35;;

(iii) after clause (x) the following clause shall be inserted, namely:-

(xx) the manner in which notice of Intention to make a complaint shall be
given under section 43;;

(b) in sub-section (3), for the words, brackets and letter in clause (a), the words,
brackets and letters in clause (aa) shall be substituted.

25. The Schedule to the principal Act shall be omitted.
Amendmen
t of section
Omission
of the
Schedule.


PMI, NTPC 107
5. 5. TheEnvironment (Protection) Act, 1986 TheEnvironment (Protection) Act, 1986
No. 29 OF 1986

[23rd May,1986]

An Act to provide for the protection and improvement of environment and for
matters connected there with:

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:-

CHAPTER I - PRELIMINARY

1. (1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) 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.

2. In this Act, unless the context otherwise requires

Short title,
extent and
commence-
ment.

Definitions.


PMI, NTPC 108
(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, micro-organism 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;

(e) Hazardous substance means any substance or preparation which by reason of
its chemical or physiochemical properties or handing 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.

CHPTER II - GENRAL POWERS OF THE CENTRAL
GOVERNMENT

3.(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.

Power of
Central
Government
to take
measures to
protect and
improve
environment.


PMI, NTPC 109
(2) 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-

(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;


PMI, NTPC 110
(vi) Laying down procedures and safeguards for the handing 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, 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;

(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 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 section5) of the central
Government under this Act and for taking measures with respect to such of the

PMI, NTPC 111
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.

4. (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 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. 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.

6. (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.
Appointment
of officers
and their
powers and
functions.

Power to
give
directions.


PMI, NTPC 112

(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 handing 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.

CHAPTER III - PREVENTION, CONTROL AND ABATEMENT OF
ENVIRONMENTAL POLLUTION

7. 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.



Rules to
regulate
environ-
mental
pollution.

Persons carrying
on Industry,
operation, etc.
not to allow
emission or
discharge of
environmental
pollutants in
excess
of the standards.

PMI, NTPC 113
8. No person shall handle or cause to be handled any hazardous sub-stance except
in accordance with such procedure and after complying with such safeguards as
may be prescribed.



9. (1) 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 environmental pollution caused
as a result of such discharge and shall also forth with-

(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.

(2) 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.

(3) 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.

Persons
handling
hazardous
substances to
comply with
procedural
safe guards.
Furnishing
of
information
to
authorities
and
agencies in
certain
cases.

PMI, NTPC 114
10. (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:-

(a) for the purpose of performing any of the functions of the central Government
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 there under or any 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 examination 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 there under 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 there
under 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) form 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 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, or, in relation to the
State of Jammu and Kashmir or any area in which that Code is not in force the
Powers of
entry and
inspection.
2 of 1974

PMI, NTPC 115
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 issue under section 94
of the said code or, as the case may be, under the corresponding provision of the
said law.

11.(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 from 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 recognized by the Central Government under section 12.

Powers to
take sample
and
procedure to
be followed
in
connection
therewith.

PMI, NTPC 116
(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 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 recognized under section
12 and such person shall inform the Government Analyst appointed or
recognized under section 13 in writing about the willful absence of the occupier
or his agent or person or as the case may be, his refusal to sign the container or
containers.

12. (1) The Central Government may by notification in the official Gazette:-

(a) establish one or more environmental laboratories;

(b) recognize 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;

Environmen
tal
laboratories.

PMI, NTPC 117
(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 report
thereon and the fees payable for such report;

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

13. The Central Government may by notification in the official Gazette, appoint or
recognize 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 substance sent for analysis to any environmental laboratory established
or recognized under sub-section (1) of section 12.

14. Any document purporting to be a report signed by a Government annalist may be
used as evidence of the facts stated there in any proceeding under this Act.

15. (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or
the rules made or order 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. (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:
Government
Analysts.
Reports of
Government
Analysts.
Penalty for
contraventio
n of the
provisions
of the Act
and the
rules, orders
and
directions.
Offences
by
companies.

PMI, NTPC 118

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) Not with standing 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 part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also 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;

(b) Director in relation to a firm means a partner in the firm.
17. (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 exercise 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
Offences by
Government
Departments
.

PMI, NTPC 119
Department , such officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.

CHAPTER IV - MISCELLANEOUS

18. 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 there
under.

19. 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 authorized 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 compliant, to the
Central Government, or the authority or officer authorized as aforesaid.

20. 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. 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.
Protection
of action
taken in
good faith.
Cognizance
of offences.
Information,
reports or
returns.
Members,
officers and
employees
of the
authority
constituted
under
section 3 to
be public
servants.
45 of 1860

PMI, NTPC 120
22. 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. 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.

24. (1) Subject to the provisions of sub-section (2), the provisions of this Act and the
rules or orders made therein shall have effect not with standing 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.

25.(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;

Bar of
jurisdiction
.
Power to
delegate.
Effect of
other laws.
Power to
make rules.

PMI, NTPC 121
(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 substance for the
purpose of analysis shall be taken under sub-section(1) of section 11;

(e) the form in which notice of intention to have a sample analyzed 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 recognized 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.

26. 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
Rules made
under this
Act to be
laid before
Parliament.

PMI, NTPC 122
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.


PMI, NTPC 123
6. 6. Notification under EP Rules 1986 Notification under EP Rules 1986

MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
New Delhi, the 19
th
November, 1986

NOTIFICATION

S.O. 844(E) In exercise of the powers conferred by sections 6 and 25 of the
Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes
the following rules, namely:-

1. Short title and commencement ;-

(i) These rules may be called the Environment (Protection) Rules, 1986.

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

2. Definitions:- In these rules, unless the context otherwise requires:-

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

(b) Central Board means the Central Board for the Prevention and Control of Water
Pollution under section 3 of the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974);

(c) Form means a form set forth in Appendix A to these rules;

(d) Government Analyst means a person appointed or recognized as such under
section 13.


PMI, NTPC 124
(e) person in relation to any factory or premises means a person or occupier or his
agent who has control over the affairs of the factory or premises and includes in
relation to any substance, the person in possession of the substances.
(f) recipient system means the part of the environment such as soil, water, air or
other which receives the pollutants.

(g) section means a section of the Act:

(h) Schedule means a Schedule appended to these rules:

(i) Standards means standards prescribed under these rules:

(j) State Board means a State Board for the Prevention and Control of Water
pollution constituted under section 4 of the Water (Prevention and Control of
Water pollution) Act, 1974 (6 of 1974) or a State Board for the Prevention and
Control of Air Pollution constituted under section 5 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981).

3. Standards for emission or discharge of environmental pollutants:

(1) For the purposes of protecting and improving the quality of the environment and
preventing and abating environmental pollution, the Standards for emission or
discharge of environmental pollutants from the industries, operations or
processes shall be as specified in the Schedule:

Provided where an industry, operation or process has been granted time by the
Central Board or a State Board to implement a time bound program to treat the
environmental pollutants so as to bring them to the standards prescribed under
these rules after specifying certain conditions and where such an industry,
operation or process by adhering strictly to such stipulations specified by the
Central or the State Board discharges environmental pollutants in excess of the
prescribed standards during such period of such time bound programme, such
discharge shall not be considered as an offence under the Act.


PMI, NTPC 125
(2) Notwithstanding anything contained in sub rule (1), the Central Board or a State
Board may specify more stringent standards from those provided in the
Scheduled in respect of any specific industry, operation, or process depending
upon the quality of the recipient system and after recording reasons therefore in
writing.

4. Directions:

(1) Any direction issued under section 5 shall be in writing.

(2) The direction shall specify the nature of action to be taken and the time within
which it shall be complied with by the person, officer or the authority to whom
such direction is given.

(3) The person,, officer or authority to whom any direction is sought to be issued
shall be served with a copy of the proposed direction and shall be given an
opportunity of not less than fifteen days from the date of service of a notice to file
with an officer designated in this behalf the objections, if any, to the issue of the
proposed direction.

(4) The Central Government shall within a period of 45 days from the date of receipt
of the objections, if any, or from the date upto which an opportunity is given to the
person, officer or authority to file objections whichever is earlier, after considering
the objections, if any, received from the person, officer or authority ought to be
directed and for reasons to be recorded in writing, confirm, modify or decide act
to issue the proposed direction.

(5) In a case where the Central Government is of the opinion that in view of the
likelihood of a grave injury to the environment it is not expedient to provide an
opportunity to file objections against the proposed direction, it may, for reasons to
be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be deemed to
be duly served-

PMI, NTPC 126

(a) where the person to be served is a company, if the document is
addressed in the name of the company at its registered office or at its
principal office or place of business and is either-
(i) sent by registered post, or
(ii) delivered at its registered office or at the principal office or place of
business.

(b) where the person to be served is an officer serving Government if the
document is addressed to the person and a copy thereof is endorsed to
this Head of the Department and also to the Secretary to the Government,
as the case may be in charge of the Department in which for the time
being the business relating to the Department in which the officer is
employed is transacted and is either-
(i) sent by registered post or
(ii) is given or tendered to him

(c) in any other case, if the document is addressed to the person to be
served and-
(i) is given or tendered to him, or
(ii) if such person cannot be found is affixed on some conspicuous
part of his last known place of residence or business or is given or
tendered to some adult member of his family or is affixed on
some conspicuous part of the land or building: If any, to which it
relates, or
(iii) is sent by registered post to that person

Explanation: - For the purposes of this sub rule-

(a) company means any body corporate and includes a firm or other
association of individuals;

(b) a servant is not a member of the family.

PMI, NTPC 127
5. Prohibition and restriction on the location of industries and the
carrying on processes

(1) The Central Government may take into consideration the following factors while
prohibiting or recruiting the location of industries and carrying on of processes
and operations in different areas:-

(i) Standards for quality of environment in its various aspects laid down for
an area.

(ii) The maximum allowable limits of concentration of various environmental
pollutants (including noise) for an area.

(iii) The likely emission or discharge of environmental pollutants from an
industry process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central
Government needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry,
process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 or a sanctuary, National
Park, game reserve or closed area notified as such under the Wild Life
(Protection) Act, 1972 or places protected under any treaty, agreement or
convention with any other country or countries or its pursuance of any
decision made in any international conference, association or other body.



PMI, NTPC 128
(ix) Proximity to human settlements.

(x) Any other factor as may be considered by the Central Government to be
relevant to the protection of the environment in an area.

(2) While prohibiting or restricting the location of industries and carrying on of
processes and operations in an area, the Central Government shall follow the
procedure hereinafter laid down.

(3) (a) Whenever it appears to be Central Government that it is expedient to impose
prohibition or restrictions on the location of an industry or the carrying on of
processes and operations in an area, it may, by notification in the Official Gazette
and in such other manner as the Central Government may deem necessary from
time to time, give notice of its intention to do so.

(b) Every notification under clause (a) shall give a brief description of the area, the
industries, operations, processes in that area about which such notification
pertains and also specify the reasons for the imposition of prohibition or
restrictions on the location of the industries and carrying on of processes or
operations in that area.

(c) Any person interested in filing an objection against the imposition of prohibition or
restrictions on carrying on of processes or operations as notified under clause (a)
may do so in writing to the Central Government within sixty days from the date of
publication of the notification in the Official Gazette.

(d) The Central Government shall within a period of one hundred and twenty days
from the date of publication of the notification in the Official Gazette consider all
the objections received against such notification and may impose prohibition or
restrictions on location of such industries and the carrying on of any process or
operation in an area.

PMI, NTPC 129
6. Procedure for taking samples:

The Central Government or the officer empowered to take samples under section
11 shall collect the sample in sufficient quantity to be divided into three uniform
parts and effectively seal and suitably mark the same and permit the person from
whom the sample is taken to add his own seal or mark to all or any of the
portions so sealed and marked. In case where the sample is made up in
containers of small volumes and is likely to deteriorate or be otherwise damaged
if exposed the Central Government or the officer empowered shall take three of
the said samples without opening the containers and suitably seal and mark the
same. The Central Government or the officer empowered shall dispose of the
samples so collected as follows:-

(i) One person shall be handed over to the person from whom the sample is
taken under acknowledgement.

(ii) The other portion shall be sent forthwith to the environmental laboratory
for analysis, and

(iii) The last portion shall be retained by him to be produced in the Court
before which proceedings, if any, are instituted.

7. Service of notice:

The Central Government or the officer empowered shall serve on the occupier or
his agent or person in charge of the place a notice then and there in Form 1 of
his intention to have the sample analysed.

8. Procedure for submission of samples for analysis and the form of
laboratory report thereon:

(1) Sample taken for analysis shall be sent by the Central Government or the officer
empowered to the environmental laboratory by registered post or through special
messenger along with Form II.

PMI, NTPC 130
(2) Another copy of Form II together with specimen impression of seals of the officer
empowered to take samples along with the seals marks, if any, of the person
from whom the sample is taken shall be sent separately in a scaled cover by
registered post or through a special messenger to the environmental laboratory.

(3) The findings shall be recorded in Form III in triplicate and signed by the
Government Analyst and sent to the officer from whom the sample is received for
analysis.

(4) On receipt of the report of the findings of the Government Analyst, the officer
shall send one copy of the report to the person from whom the sample was taken
for analysis, the second copy shall be retained by him for his records and the
third copy shall be kept by him to be produced in the Court before which
proceedings, if any, are instituted.

9. Functions of environmental laboratories:

The following shall be the functions of the environmental laboratories:-

(i) to evolve standardized methods for sampling and analysis of various
types of environmental pollutants:

(ii) to analyze samples sent by the Central Government or the officers
empowered under sub-section (I) of section 11.

(iii) To carry out such investigations as may be directed by the Central
Government to lay down standards for the quality of environment and
discharge of environmental pollutants, to monitor and to enforce the
standards laid down:

(iv) To send periodical reports regarding its activities to the Central
Government.



PMI, NTPC 131
(v) To carry out such other functions as may be entrusted to it by the Central
Government from time to time.

10. Qualifications of Government Analyst:

A person shall not be qualified for appointment or recognised as a Government
Analyst unless he is a :-

(a) graduate in science from a recognised university with five years experience in a
laboratory engaged in environmental investigations, testing or analysis: or

(b) post-graduate in science or a graduate in engineering or a graduate in medicine
or equivalent with two years experience in a laboratory engaged in environmental
investigations, testing or analysis: or

(c) post-graduate in environmental science from a recognised university with two
years experience in a laboratory engaged in environmental investigations, testing
or analysis:

11. Manner of given notice:

The manner of giving notice under clause (b) of section 19 shall be as follows
namely:-

(1) The notice shall be in writing in Form IV.

(2) The person giving notice may send notice to:-

(a) If the alleged offence has taken place in a State:-
(A) The Central Board and
(B) Ministry of Environment and Forests (represented by the
Secretary to the Government of India)

(b) If the alleged offence has taken place in a Union territory:-

PMI, NTPC 132
(A) the State Board and
(B) the Government of the State (represented by the secretary to the
State Government incharge of environment); and
(C) the Ministry of Environment and Forests (represented by the
Secretary to the Government of India)

(3) The notice shall be send by registered post acknowledgement there and

(4) The period of sixty days mentioned in clause (b) of section 19 of the Environment
(Protection) Act, 1986 shall be reckoned from the date it is last received by one
of the authorities mentioned above.

SCHEDULE
(See Rule 3)

Ser.
No.
Industry Parameter Standards
1. 2 3 4

1.

Caustic Soda
Industry

Concentration not to exceed,
milligramme per litre (except
for pH and flow)
Total concentration of
mercury in the final
efflluent*
Mercury bearing waste
water generation (flow)
PH
0.01


10 kilolitre tonne of caustic
soda produced
5.5 to 9.0
* Final effluent is the combined effluent from (a) cell
house, (b) brine plant, (c) chlorine handling (d) hydrogen
handling (e) hydrochloric acid plant


PMI, NTPC 133
1. 2 3 4
2. Man-made fibres
(synthetic)
Concentration not to exceed
milligramme per litre (except
for pH)
Suspended solids
Bio-chemical oxygen
demand 5 day 20
0
C
pH
100

30
5.5 to 9.0

3. Oil refinery
industry
Concentration not to
exceed milligramme per
litre (except for pH)
Quantum, Kg/1000 tonnes
crude processed
Oil and grease 10 7
Phenol 1 0.7
Sulphide 0.5 0.35
Bio-chemical oxygen
demand, 5 day 20
0
C 15 10.5
Suspended solids 20 14
PH 6 to 8.5

4. Sugar industry Concentration not exceed,
milligramme per litre
Bio-chemical oxygen
demand, 5 day 20
0
C
100 for disposal on land 30 for
disposal in surface waters
Suspended solids 100 for disposal on land 30 for
disposal in surface waters.

5. Thermal power
plants
Maximum limiting
concentration, milligramme per
liture (except for pH and
temperature)



PMI, NTPC 134
1. 2 3 4
Condenser
cooling waters
(once through
cooling system)
PH
Temperature
6.5 8.5
Not more than 5
0
C higher
than the intake water
temperature
Free available chlorine 0.5
Boiler blowdown Suspended solids 100
Oil and grease 20
Copper solids 1.0
Iron solids 1.0
Cooling tower
blowdown
Free available chlorine 0.5
Zinc 1.0
Chromium (total) 0.2
Phosphate 5.0
Other corrosion
including
Material
Limit to be established on Case
by case basis by Central Board
in case of union territories and
State Boards in case of States.
Ash pond effluent pH 6.5 - 8.5
Suspended solids 100
Oil and grease 20

6. Cotton textile
industries
(composite and
processing)
Concentration not to exceed
milligramme per liture
(except for pH and bio-assay)
Common:
PH 5.5 to 9
Suspended solids 100
Bio-chemical oxygen
demand, 5 day 20
0
C 150
Oil and grease 10


PMI, NTPC 135
1. 2 3 4

Bio-assay test 90% survival of fish
after 96 hours
Special :
Total chromium (as Cr) 2
Sulphide (as S) 2
Phenolic compounds
(as C
6
H
5
OH) 5

The special parameters are to be stipulated by the Central Board in case of Union
territories and State Boards in case of States depending upon the dye used in the
industry. Where the industry uses chrome dyes, sulphur dyes and/or phenolic
compounds in the dyeing/printing process, the limits on chromium of 2 mg/litre,
sulphides of 2 mg/litre and phenolic compounds of 5 mg/litre respectively shall be
imposed.

Where the quality requirement of the recipient system so warrants, the limit of BOD
should be lowered upto 30 According to the requirement by the State Boards for the
States and the Central Board for the Union territories.

A limit on sodium absorption ratio of 26 should be imposed by the State Boards for
the States and the Central Board for the Union territories if the disposal of effluent is
to be made on land.

7. Composite
woollen mills
Concentration not to
exceed, milligramme
per litre (except
for pH and bio-assay)
Common: Suspended solids 100
PH 5.5 to 9.0

PMI, NTPC 136

1. 2 3 4
Bio-chemical oxygen
Demand, 5 day 20
0
C
100
Oil and grease 10
Bio-assay 90% survival of fish
after 96 hours
Special: Total chromium (as Cr) 2
Sulphide (as S) 2
Phenolic compounds (as
C
6
H
5
OH)
5

The special parameters are to be stipulated by the Central Board in case of Union
territories and State Board in case of States depending upon the dye used in the
industry. Where the industry uses chrome dyes, sulphur dyes and/or phenolic
compounds in the dyeing/printing process, the limits on chromium of 2 mg/litre,
sulphide of 2 mg/litre and phenolic compounds of 5 mg/litre respectively shall be
imposed.

Where the quality requirement of the recipient system so warrants, the limit of BOD
should be lowered upto 30 according to the requirement by the State Boards for the
States and the Central Board for the Union territories.

A limit on sodium absorption ratio of 26 should be imposed by the State Boards for
the States and the Central Board for the Union territories if the disposal of effluent is
to be made on land.


PMI, NTPC 137
APPENDIX A
FORM I
(See rule 7)

NOTICE OF INTENTION TO HAVE SAMPLE ANALYSED

To


Take notice that it is intended to have analysed the sample of
which has been taken today, the day of
19 from

(Name and designation of the person who takes the sample)

*Specify the place from where the sample is taken.


(SEAL)


DATE:

PMI, NTPC 138
7. 7. Effluent Standards Effluent Standards

MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
New Delhi, the 12
th
September, 1988

NOTIFICATION

G.S.R. 919 (E):- is exercise of the powers conferred by section 25 of the Environment
(Protection) Act, 1986 (19 of 1986) the Central Government hereby makes the following
rules further to amend the Environment (Protection) Rules, 1986, namely ;-

1. (1) These rules may be called the Environmental (Protection) Second
Amendment Rules, 1988

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

2. In the Environment Protection Rules, 1986, the Scheduled shall be renumbered
as Scheduled 1 and after Schedule I, renumbered, the following Schedule shall
be inserted, namely ;-


PMI, NTPC 139
SCHEDULE II
(See Rule 3)
General standards for Discharge of effluents

Sl.
No.
Parameter Standards
Inland
surface
water
Public
sewers
Load for
irrigation
Marine
coastal
areas
1 2 3
(a) (b) (c) (d)
1. Colour and
odour
See Note 1 -- See Note 1 See Note 1
2. Suspended
solids, mg/1,
Max
100 600 200 (a) For
process
waste
water -
100
(b) For
cooling
water
effluent -
10 per
cent
above
total
suspende
d matter
of influent
Cooling
water.


PMI, NTPC 140

3. Particle size of
suspended
solids
Shall pass
8.50 micron
1S Sieve
-- (a) Floatable
solids,
Max. 3
mm
(b) Settleable
solids,
Max 850
microns.
4. Dissolved
solids
(inorganic),
mg/1 Max
2100 2100 2100
5. PH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0
6. Temperature
0
C, Max
Shall not
exceed 40 in
any section
of the stream
within 15
metres down
stream from
the effluent
outlet
45 at the
point of
discharge
-- 45 at the
point of
discharge
7. Oil and grease
mg/1, Max
10 20 10 20
8. Total residual
chlorine, mg/1,
Max.
1.0 -- -- 1.0
9. Ammonical
nitrogen (as N),
mg/1, Max.
50 50 -- 50
10. Total kjeldahl
nitrogen (as N),
mg/1 Max
100 -- -- 100

PMI, NTPC 141
(a) (b) (c) (d)
11. Free ammonia
(as NH
3
), mg/1,
Max.
5.0 -- -- 5.0
12. Biochemical
oxygen
demand (5
days at 20
0
C)
Max.
30 350 100 100
13. Chemical
oxygen
demand mg/1,
Max.
250 -- -- 250
14. Arsenic (as As)
mg/1, Max.
0.2 0.2 0.2 0.2
15. Mercury (As
Hg), mg/1,
Max.
0.01 0.01 -- 0.01
16. Lead (as Pb.)
mg/1, Max.
0.1 1.0 -- 1.0
17. Cadmium (as
Cd), mg/1,
Max.
2.0 1.0 -- 2.0
18. Hexavalent
chromium as
(Cr+6), mg/1,
Max.
0.1 2.0 -- 1.0
19. Total chromium
(as Cr), mg/1,
Max.
2.0 2.0 -- 2.0
20. Copper (as
Cu.), mg/1
Max.
3.0 3.0 -- 3.0

PMI, NTPC 142
(a) (b) (c) (d)
21. Zinc (as Zn),
mg/1, Max.
5.0 15 -- 15
22. Selenium (as
Se), mg/1, Max
0.05 0.05 -- 0.05
23. Nickel (as Ni),
mg/1, Max
3.0 3.0 -- 5.0
24. Boron (as B),
mg/1, Max
2.0 2.0 2.0 --
25. Percent sodium,
Max
-- 60 60 --
26. Residual
sodium
carbonate,
mg/1, Max
-- -- 5.0 --
27. Cynide (as CN),
mg/1, Max
0.2 2.0 0.2 0.2
28. Chloride (as
C1), mg/1, Max
1000 1000 600 --
29. Flouride (as F),
mg/1, Max
2.0 15 -- 15
30. Dissolved
Phosphates (as
P), mg/1, Max
5.0 -- -- --
31. Sulphate,
(as SO
4
),
mg/1, Max
1000 1000 1000 --
32. Sulphide (as S),
mg/1, Max
2.0 -- -- 5.0
33. Pesticides Absent Absent Absent Absent



PMI, NTPC 143

(a) (b) (c) (d)
34. Phenolic
compounds
(as C
6
H
5
OH),
mg/1, Max
1.0 5.0 -- 5.0
35. Radioactive
materials;

(a) Alpha
emitters
MC/ml.,
Max.
10
-7
10
-1
10
-2
10
-7
(b) Beta
emitters
MC/ml., Max.
10
-6
10
-4
10
-7
10
-6


Note-1 All efforts should be made to remove colour and unpleasant odour as far as
practicable.
Note-2 The standards mentioned in this notification shall apply to all the effluents
discharged, such as industrial mining and mineral processing activities,
municipal sewage, etc.
Note-3 This notification shall not apply to those industries for which standards have
been notified by the Central Government vide S.O. 844 (E), dated the 19
th

November, 1986, S.O. 393 (E) dated 16
th
April, 1987, S.O. 443 (E) the 28
th

April 1987 and S.O. 64(E), dated the 18
th
January, 1988. This notification shall
cease to apply with regard to a particular industry when industry specific
standards are notified for that industry.
[No. 1(21)/87-PL)]
K.P. GEETHA KRISHNAN Sec.
Sd/-

PMI, NTPC 144
Principal rules published vide S.O. No. 844(E), dated the 19
th
November, 1986
Amending rules published vide S.O. 82 (E) and 84(E) dated 16
th
February, 1987
Second Amendment rules notified trader S.O. 393(E), dated the 16
th
April, 1987.
Third Amendment rules notified under S.O. 443(E), dated 28
th
April, 1987.
First Amendment rules notified under S.O. 64(E), dated 18
th
January, 1988.

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PMI, NTPC 145
2. THE GAZETTE OF INDIA: EXTRAORDINARY [PART ii-Sec 3(ii)]

1 2 3 4
2
6
-
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m/kksx
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foltZu
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foyf;r QklQsV ih ds :Ik
es
5
fuyfEcr fiaM 100
foyf;r fiaM vdkcZfud 2100
veksfu;ke ukbVkstu ,u
ds :i esa
50
veksfu;k eqDr ,u ,p 3 ds
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5

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Hkwfe dk O;;u
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Ikh ,p- 6-0&8-0
ch vks Mh 100
Lh vks Mh 250
Rksy vkSj xzhl 10
fuyfEcr fiaM 200
foyf;r fiaM 2100

ua- 1 21@86&ih ,y
ds- ih xhrkd`.ku] lfpo

ewy fok; dk- vk- la 844 v rkjh[k 19 uoEcj] 1986 }kjk izdkfkr fd;k x;kA lakksf/kr fu;e
dk- vk- 82 v] rkjh[k 16 Qjojh] 1987] dk- vk- 393 v rkjh[k 16 vizSy] 1987] dk- vk-
443 v rkjh[k 24 viSzy] 1987] dk vk- 64 v 18 tuojh 1988 vkSj dk- dk- fu- 919 v
rkjh[k 12 flrEcj] 1988 }kjk izdkfkr fd, x,A

PMI, NTPC 146
8. 8. Notification for Emission Standards 1989 Notification for Emission Standards 1989

MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & wildlife)
NOTIFICATION
New Delhi, the 3td January, 1989

S.O.8 (E) - in exercise of the powers conferred by section 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby remarks the
following rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Act, 1986 (29 of 1986)
First Amendment Rules, 1989.

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

2. In schedule in the principal Rules, after serial number 24 and the entries relating
thereto, the following serial numbers and entries shall be inserted, namely:-

1 2 3 4

25
.
Thermal Power Plants * Particulate Matter
emissions:

- generation capacity
210 MW or more
150 milligramme per
normal cubic meter
- generation capacity
less than 210 MW
350 milligramme per
normal cubic meter
26
.
Natural Rubber
Industry

Concentrations in the
Effluents not to
exceed milligramme
per liter (except for
pH)

PMI, NTPC 147
1 2 3 4

- Discharge into
inland surface water
Colour & Odour Absent
pH 6.0-9.0
BOD 50
COD 250
Oil & Grease 10
Sulphides 2
Total Kieldhal Nitrogen 100
Dissolved phosphate (as P) 5
Suspended solids 100
Dissolved solids (inorganic) 2100
Ammonic 1 nitrogen (as N) 50
Free ammonia (as NH
3
) 5
- Disposal on land
for irrigation
Colour & Odour Absent
PH 6.0-8.0
BOD 100
COD 250
Oil & Grease 10
Suspended solids 200
Dissolved solids (inorganic) 2100

Depending upon the requirement of local situation; such as protected area, the
State Pollution Control Board, and other implementing agencies under the
Environment (Protection) Act, 1986, may prescribe a limit of 150 milligram per
cubic meter, irrespective of operating capacity of the plant.

PMI, NTPC 148
9. 9. Notific Notification for Ambient Noise Standards ation for Ambient Noise Standards
1989 1989
MINISTRY OF ENVIRONMENT AND FORESTS
(Department of Environment, Forests and Wildlife)
NOTIFICATION
New Delhi, the 26
th
December, 1989

G.S.R. 1063(E): - In exercise of the powers conferred by section 6 and 25 of the
Environment (Protection) Act, 1986 (29 of 1986). Central Government hereby makes the
following rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Third Amendment
Rules, 1989.

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

2. In the Environment (Protection) Rules, 1986, after Schedule II, the following
Schedule shall be inserted, namely:-

SCHEDULE III
(See rule 3)
AMBIENT AIR QUALITY STANDARDS IN RESPECT OF NOISE

Area
Code
Category of Area Limits in dB (A)

Low
Day Time Night Time

(A) Industrial Area 75 70

(B) Commercial Area 65 55

(C) Residential Aarea 55 45

(D) Silence Zone 50 40

PMI, NTPC 149
Note- 1 Day time is reckoned between 6 a.m., and 9 p.m.


Note-2 Night Time is reckoned in between 9 p.m., and 6 a.m.


Note-3 Silence zone is defined as areas up to 100 metres around such premises
as hospitals, educational institutions and courts. The Silence zones are to
be declared by the Competent Authority.

Use of vehicular horns, loudspeakers and bursting of crackers shall be
banned in these zones.

Note- 4 Mixed categories of areas should be declared as one of the four above
mentioned categories by the Competent Authority and the corresponding
shall apply

PMI, NTPC 150
10. 10. Notification for Slack Height 1990 Notification for Slack Height 1990

MINISTRY OF ENVIRONMENT AND FORESTS
(Department of Environment, Forests and Wildlife)
NOTIFICATION
New Delhi, the 30
th
Aug, 1990

G.S.R. 742 (E) :- In exercise of the powers conferred by Section 25 of the
Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes
the following rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Third Amendment
Rules, 1990.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In Schedule I to the Environment (Protection) Rules, 1986, after serial number 31
and the entries relating there to the following serial numbers and entries shall be
inserted, namely:-

S.
No.
Industry Parameters Standards
(mg/Nm
3
)
1 2 3 4

32. FOUNDARIES: EMISSIONS
(a) Cupola
Capacity (Melting rate):
Less than 3 MT/hr Particulate matter 450
3 MT/hr and above -do- 150



PMI, NTPC 151

Note:- It is essential that stack is constructed over the cupola beyond the charging
door and the emissions are directed through the stack which should be at least six
times the diameter of cupola.
(b) Arc Furnaces
Capacity : All Sizes Particulate matter 150

(c) Induction Furnaces
Capacity : All Sizes -do- 150

Note:- In respect of Arc Furnaces and Induction Furnaces provision has to be made
for collecting the fumes before discharging the emissions through the stack.
33. THERMAL POWER
PLANTS
STACK HEIGHT/LIMITS
Power generation
Capacity:

- 500 MW and above 275
- 200 MW/210 MW
and above to less than
500 MW
220
- Less than 200 MW/210
MW
H-14(Q)
0.3
where Q
is emission rate of
SO
2

in kg/h. and Hi Stack
height in meters.
Steam generating
Capacity:

- Less than 2 ton/hr 2 1/2

times the
neighbouring building
height or 9 meters
(whichever is more)

PMI, NTPC 152

1 2 3 4
- More than 2 ton/hr
to 5 ton/hr
12
- More than 5 ton/hr
to 10 ton/hr
15
- More than 10 ton/hr 18
- More than 15 ton/hr
to 20 ton/hr
15
- More than 20 ton/hr
to 25 ton/hr
24
- More than 25 ton/hr
to 30 ton/hr
27
- More than 30 ton/hr 30 or using formula
H = 14(Q)
0.3
whichever is more
where Q is emission
rate of SO
2
in kg/hr
and H-Stack height
in meters.

34. SMALL BOILERS EMISSIONS*
Capacity of Boiler Particulate Matter
- Less than 2 ton/hr 1600
- 2 to 15 ton/hr 1200
- More than 15 ton/hr 150
* All emissions normalized to 12 percent carbon dioxide.
35. OIL REFINERIES EMISSIONS*
(Sulphur dioxide) - Distillation
(Atmospheric plus
Vacuum)
0.25 kg/MT of feed*
- Catalytic Cracker 2.5 kg/MT of feed
- Sulphur Recovery Unit 120 kg/MT of Sulphur
in the feed.
* Feed indicates the feed for that part of the process under consideration only.

PMI, NTPC 153
1 2 3 4

36. ALUMINIUM PLANTS: EMISSIONS
(a) Alumina Plant:
(i) Raw Material
Handling
Primary and Secondary
Crusher. Particulate Matter
150
(ii) Precipitation Area
Calcination
Particulate Matter
Carbon Monoxide
Stack Height
250
1% max.
H = 14(Q)
0.3
Where Q is emission
rate of SO
2
in kg/hr
and H-Stack height
in meters.
(b) Smelter Plant: Particulate Matter
(i) Green Anode Shop -do- 150
(ii) Anode Bake Oven -do- 150
Total Fluoride (F) 0.3 Kg/MT of
Aluminium
(iii) Potroom Particulate Matter 150
Total Fluoride (F)
VSS 4.7 kg/MT of
Aluminum produced.
HSS 6.0 Kg/MT of
Aluminum produced.
PBSW 2.5 Kg/MT of
Aluminum produced.
PBCW 1.0 Kg/MT of
Aluminum produced.
Stack height: H=14(Q)
0.3
where Q
is
Emission rate of SO
2

in kg/hr and H-Stack
height in meters.


PMI, NTPC 154
SCHEDULE (Contd.)

NOTE:
VSS = VERTICAL STUD SODERBERG
HSS = HORIZONTAL STUD SODERBERG
PBSW = PERBACKED SIDE WORKED
PBCW = PREBACKED CENTRE WORKED

37. STONE CRUSHING
UNIT
Suspended Particulate
Matter (SPM)
The standards
consist of two parts:
(i) Implementation
of the following
pollution Control
Measures:
(a) Dust
containment
cum
suppression
system for the
equipment
(b) Construction of
wind breaking
walls.
Construction of
the metalled
roads within the
premises
(d) Regular
cleaning and
wetting of the
ground within
the premises
(e) Growing of a
green belt along
the periphery

PMI, NTPC 155

(ii) Quantitative
standard for the
SPM:
The suspended
particulate matter
contribution value at
a distance of
40meters from a
controlled isolated as
well as from a unit
located in a cluster
should be less than
600 mg/Nm
3
. The
measurements are to
be conducted at least
twice a mo nth for all
the
12 months in a year

PMI, NTPC 156

Sl.
No.
Industry Parameter Standards
(concentration in
mg/1 except for pH
temperature specific
pesticides and
Bioassay test)
1 2 3 4

38. PETROCHEMICALS: EFFLUENTS
(Basic & intermediate) PH 6.5 8.5
* BOD (5 days at 20
0
C) 50
** Phenol 5
Sulphide (as S) 2
COD 250
Cyanide (as CN) 0.2
*** Fluoride (as F) 15
Total Suspended solids 1000
Hexavalent 0.1
Chromium (as CR)
**** Total Chromium (as CR) 2.0
* State Boards may prescribe the BOD value of 30mg/1 if the recipient system
so demands.
** The limit for phenol shall be conformed to at the outlet of effluent treatment of
phenol plant. However, at the final disposal point, the limit shall be less than 1
mg/1.
*** The limit for fluoride shall be conformed to at the outlet of fluoride removal
unit. However, at the disposal point fluoride concentration shall be lower than
5 mg/1.
**** The limits for total and hexavalent chromium shall be conformed to at the
outlet of the chromate removal unit. This implies that in the final treated
effluent, total and hexavalent chromium shall be lower than prescribed herein.



PMI, NTPC 157

39. PHARMACEUTICAL
MANUFACTURING
AND FORMULATION
INDUSTRY.
EFFLUENTS
1. PH 5.5-9.0
2. Oil & Grease 10
3. Total Suspended
Solids
100
4. BOD (5 days at 20
0
C) 30
5. Bio-assay test 90% Survival of fish
after 96 hrs in 100%
effluent.
6. Mercury 0.01
7. Arsenic 0.20
8. Chromium
(Hexavalent)
0.10
9. Lead 0.10
10
.
Cyanide 0.10
11
.
Phenolics
(as C
6
H
5
OH)
1.00
12
.
Sulphides (as S) 2.00
13
.
Phosphate (as P) 5.00


PMI, NTPC 158

1 2 3 4

Note:-

1. Parameters listed as 1 to 13 are compulsory for Formulators. However, the
remaining parameters (6 to 13) will be optional for others.
2. State Board may prescribed limit for chemical oxygen demand (COD)
correlated with BOD limit.
3. State board may prescribe limit for total dissolved solids depending upon
uses of recipient water body.
4. Limits should be complied with at the terminal of the treatment unit before
letting out of the factory boundary limits.
5. For the compliance of limits, analysis should be done in the composite
sample collected every hour for a period of 8 hours.

40. PESTICIDE
MANUFACTURING
AND FORMULATION
INDUSTRY
EFFLUENTS
1. Temperature Shall not exceed 5
0
C
above the Receiving
water temperature.
2. PH 6.5 8.5
3. Oil & Grease 10
4. BOD (5 days at 20
0
C) 30
5. Total suspended
solids
100
6. Bio-assay test 90% survival of fish
after 96 hours in
100% effluent.
7. (a) Specific
Pesticides:



PMI, NTPC 159

Benzenl
hexachloride
10
Carboryl 10
DDT 10
Endosulfan 10
Diamethoate 450
Fenitrothion 10
Malathion 10
Phorate 10
Methyl Parathion 10
Phenthoate 10
Pyrethrums 10
Copper
Oxychloride
9600
Copper Sulphate 50
Ziram 1000
Sulphur 20
Paraquat 2300
Proponil 7300
Nitrogen 780
(b) Heavy Metals:
Copper 1.00
Manganese 1.00
Zinc 1.00
Mercury 0.01
Tin 0.10
Any other metal
like Nickel etc.
Shall not exceed 5
times the drinking
water standards of
BIS.





PMI, NTPC 160
1 2 3 4
(c) Organics:
Phenol and
phenolic
compounds as
C
6
H
5
OH
1.0
(d) Inorganics:
Arsenics (as As) 0.2
Cyanide (as CN) 0.2
Nitrate (as NO
3
)

50.0
Phosphate ( as
P)
5.0

NOTE:-
1. Limit should be complied with at the end of the treatment plant before any
dilution.
2. Bio-assay test should be carried out with available species of fish in receiving
water.
3. State Boards may prescribe limits of total dissolved solids (TDS) sulphates
and chlorides depending on the uses of recipient water body.
4. State Board may prescribe COD limit correlated with BOD limit
5. Pesticides are known to have metabolites and isomers. If they are found in
significant concentration standards may be prescribed for those in the list by
Central or State Board.
6. Industries are required to analyse pesticides in waste water by advanced
analytical method such as GLC/HPLC.
7. All the parameters will be compulsory for formulators for others, the 7
th
will be
optional.


PMI, NTPC 161

1 2 3 4
40. TANNERY
(After primary
treatment)
EFFLUENTS
Disposal : Channel/
Conduit carrying waste
waters to Secondary
treatment plants

Type of Tanneries
Chrome tanneries/
combined
PH 6.5 9.0
Chrome & vegetable
tanneries
SS Not to exceed 600
Chromium concentration
after Treatment in the
chrome waste Water
stream
45
Vegetable Tanneries PH 6.5 9.0
SS Not to exceed 600
NOTE: - The above standards will apply to those tannery units which have made full
contribution to a Common effluent Treatment Plant (CETP) comprising secondary
treatment. Those who have not contributed will be governed by earlier Notification
No. S.O. 42. dated January. 18.1988.

42. PAINT INDUSTRY EFFLUENTS
(Waste Water
discharge)
PH 6.0 8.5
Suspended Solids 100
BOD
5
20
0
C 50
Phenolics as C
6
H
5
OH 1.0
Oil & Grease 10.0
Bio-essay test 90% survival in
96 hours

PMI, NTPC 162

1 2 3 4
Lead as Pb 0.1
Chormium as Cr
Hexavalent

0.1
Total 2.0
Copper as Cu 2.0
Nickel as Ni 2.0
Zinc as Zn 5.0
Total heavy metals 7.0
43. INORGANIC
CHEMICAL
INDUSTRY
EFFLUENTS
(Waste Water
discharge)

Part I, *(Metal
Compounds of
Chromium,
Manganese, Nickel,
Copper, Zinc,
Cadmium, Lead &
Mercury)
PH 6.0 8.5
Chormium as Cr
Hexavalent

0.1
Total 2.0
Manganese as Mn 2.0
Nickel as Ni 2.0
Copper as Cu 2.0
Zinc as Zn 5.0
Cadmium as Cd 0.2
Lead as Pb 0.1
Mercury as HG 0.01
Cynide as CN 0.2
Oil & Grease 10.0
Suspended Solids 30.0



PMI, NTPC 163
1 2 3 4
In addition to the above, total heavy metals are to be limited to 7mg/1.
44. BULLION REFINING EFFLUENTS
(Waste Water discharge) PH 6.5 8.5
Cyanide as CN 0.2
Sulphide as S 0.2
Nitrate as N 10.0
Free Cl
2
as Cl 1.0
Zinc as Zn 5.0
Copper as Cu 2.0
Nickel as Ni 2.0
Arsenic as As 0.1
Cadmium as Cd 0.2
Oil and Grease 10.0
Suspended Solids 100
45. DYE AND DYE
INTERMEDIATE
INDUSTRY
EFFLUENTS
(Waste Water discharge)
PH 6.0 8.5
Colour, Hazen Unit 400.0
Suspended Solids 100.0
BOD
5
20
0
C 100.0
Oil and Grease 10.0
Phenolics as C
6
H
5
OH 1.0
Cadmium as Cd 0.2
Copper as Cu 2.0
Manganese ad Mn 2.0
Lead as Pb 0.1
Mercury as Hg 0.01
Nickel as Ni 2.0
Zinc as Zn 5.0
Chromium as Cr Hexavalent 0.1
Total 2.0
Bio-assay test 90 percent survival
in 96 hours

PMI, NTPC 164
SCHEDULE

Sl.
No.
Category Standards
dB (A)
1 2 3

46. NOISE LIMITS FOR AUTOMOBILES (FREE FIELD AT ONE METER IN
DB (A) AT THE MANUFACTURING STAGE) TO BE ACHIEVED BY THE
YEAR 1992.

(a) Motorcycle, Scooters & Three Wheelers 80
(b) Passenger Cars 82
(c) Passenger or Commercial Vehicles upto 4 MT 85
(d) Passenger or Commercial Vehicles above 4 MT and upto
12 MT
89
(e) Passenger or Commercial Vehicles exceeding 12 MT 91

47. DOMESTIC APPLIANCES AND CONSTRUCTION EQUIPMENTS AT
THE MANUFACTURING STAGE TO BE ACHIEVED BY THE
YEAR, 1993.

(a) Window Air Conditioners of 1 ton to 1.5 ton 68
(b) Air Coolers 60
(c) Refrigerators 46
(d) Diesel generators for domestic purposes 85 90
(e) Compactors (rollers), Front loaders, Concrete mixers,
Cranes (movable), Vibrators and Saws
75



PMI, NTPC 165
11. 11. Notification of Coastal Regulation Zone Notification of Coastal Regulation Zone

MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)

NOTIFICATION UNDER SECTION 3(1) AND SECTION 3(2)(v) OF THE
ENVIRONMENT (PROTECTION) ACT, 1986 AND RULE 5(3)(d) OF ENVIRONMENT
PROTECTION RULES., 1986, DECLARING COASTAL STRETCHES AS COASTAL
REGULATION ZONE (CRZ) AND REGULATING ACTIVITIES IN THE CRZ.

New Delhi, the 19
th
February, 1991

S.O. 114(E)Whereas a Notification under Sec-tion 3(1) and Section 3 (2) (v) of the
Environment (Protection) Act. 1986, inviting objections against the declaration of Coastal
Stretches as Coastal Regulation Zone (CRZ) and imposing restrictions on industries,
operations and processes in the CRZ was published vide S.O. No. 944 (E) dated 15
th

December. 1990.

And whereas all objections received have been duly considered by the Central
Government

Now, therefore, in exercise of the powers conferred by Clause (d) of sub-rule (3) of Rule
5 of the Environment (Protection) Rules, 1986, and all other powers vesting in its behalf,
the Central Government hereby declares the coastal stretches of seas, bays, estuaries,
creeks, rivers and backwaters which are influenced by tidal action (in the landward side)
upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line
(LTL) and the HTL as Coastal Regulation Zone and imposes with effect from the date of
this Notification, the following restrictions on the setting up and expansion of industries,
operations or processes etc. in the said Coastal Regulation Zone (CRZ). For purposes of
this Notification, the High Tide Line (HTL) will be defined as the line upto which the
highest high tide reaches at spring tides.


PMI, NTPC 166
Note-The distance from the High Tide Line (HTL) to which the proposed regulations will
apply in the case of rivers, creeks and backwaters may be modified on a case by case
basis for reasons to be recorded while preparing the Coastal Zone Management Plans
(referred to below): however, this distance shall not be les than 100 meter or the width of
the creek, river or backwater whichever is less.

2. Prohibited Activities:

The following activities are declared as prohibited within the Coastal Regulation Zone,
namely:

(i) Setting up of new industries and expansion of existing industries, except those
directly related to water front or directly needing foreshore facilities;

(ii) Manufacture or handling or storage or disposal of hazardous substances as
specified in the Notifications of the Government of India in the Ministry of
Environment & Forests No. S.O. 594(E) dated 28
th
July, 1989. S.O. 966(E) dated
27
th
November, 1989 and GSR 1037(E) dated 5
th
December, 1989;

(iii) Setting up and expansion of fish processing units including warehousing
(excluding hatchery and natural fish drying in permitted areas);

(iv) Setting up and expansion of units mechanisms for disposal of waste and
effluents, except facilities required for discharging treated effluents into the water
course with approval under the Water (Prevention and Control of Pollution) Act,
1974; and except for storm water drains;

(v) Discharge of untreated wastes and effluents from industries, cites or towns and
other human settlements. Schemes shall be implemented by the concerned
authorities for phasing out the existing practices, if any, within a reasonable time
period not exceeding three years from the date of this notification;


PMI, NTPC 167
(vi) Dumping of city or town waste for the purposes of landfilling or otherwise; the
existing practice, if any, shall be phased out within a reasonable time not
exceeding three years from the date of this Notification;

(vii) Dumping of ash or any wastes from thermal power stations;

(viii) Land reclamation, bunding or disturbing the natural course of sea water with
similar obstructions, except those required for control of coastal erosion and
maintenance or cleasing of waterways, channels and ports and for prevention of
sandbars and also except for tidal regulators, storm water drains and structures
for prevention of salinity ingress and for, sweet water recharge;

(ix) Mining of lands, rocks and other substrata materials, except those rare minerals
not available outside the CRZ areas;

(x) Harvesting or drawal of ground water and construction of mechanisms therefore
within 200 m of HTL; in the 200 m to 500 m zone it shall be permitted only when
done manually through ordinary wells for drinking, horticulture, agriculture and
fisheries;

(xi) Construction activities in ecologically sensitive areas as specified in Annexure-1
of this Notification;

(xii) Any construction activity between the Low Tide Line and High Tide Line except
facilities for carrying treated effluents; and waste water discharges into the sea,
facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines
and facilities essential for activities permitted under this Notification; and

(xiii) Dressing or altering of sand dunes, hills, natural features including landscape
changes for beautification, recreational and other such purpose, except as
permissible under this Notification.




PMI, NTPC 168
3. Regulation of Permissible Activities:

All other activities, except those prohibited in para 2 above, will be regulated as under:

(1) Clearance shall be given for any activity within the Coastal Regulation Zone only
if it requires water front and foreshore facilities.

(2) The following activities will require environmental clearance from the Ministry of
Environment & Forests, Government of India, namely:

(i) Construction activities related to Defence requirements for which
foreshore facilities are essential (e.g. slipways, jetties etc.); except for
classified operational component of defence projects for which a separate
procedure shall be followed. (Residential buildings, office buildings,
hospital complexes, workshops shall not come within the definition of
operational activities except in very special cases and hence shall not
normally be permitted in the CRZ);

(ii) Operational constructions for ports and harbours and light houses
requiring water frontage: jetties, wharves, quays, slipways etc.
(Residential buildings & office buildings shall not come within the
definition of operational requirements except in very special cases and
hence shall not normally be permitted in the CRZ);

(iii) Thermal power plants (only foreshore facilities for transport of raw
materials facilities for intake of cooling water and out fall for discharge of
treated waste water cooling water); and

(iv) All other activities with investment exceeding rupees five crores.

(3) (i) The coastal States and Union Territory Administrations shall prepare,
within a period of one year (from the date of this notification, Coastal
Zone Management Plans identifying and classifying the CRZ areas within
their respective territories in accordance with the guidelines given in

PMI, NTPC 169
Annexures-I and II of the Notification and obtain approval (with or without
modifications) of the Central Government in the Ministry of Environment &
Forests;

(ii) Within the framework of such approved plans, all development and
activities within the CRZ other than those covered in para 2 and
para 3 (2) above shall be regulated by the State Government. Union
Territory Administration or the local authority as the case may be in
accordance with the guidelines given in Annexures-I and II of the
Notification; and

(iii) In the interim period till the Coastal Zone Management Plans mentioned
in Para 3(3)(i) above are prepared and approved, all developments and
activities within the CRZ shall not violate the provisions of this
Notification. State Governments and Union Territory Administrations shall
ensure adherence to these regulations and violations, if any, shall be
subject to the provisions of the Environment (Protection) Act, 1986.

4. Procedure for monitoring and enforcement:

The Ministry of Environment & Forests and the Government of State or Union Territory
and such other authorities at the State or Union Territory levels, as may be designated
for this purpose, shall be responsible for monitoring and enforcement of the provisions of
this notification within their respective jurisdictions.

[N. K-15019I84 [IA] -III (Vol. II)]
R. RAJAMANI. Secy.




PMI, NTPC 170
ANNEXURE - I

COASTAL AREA CLASSIFICATION AND DEVELOPMENT
REGULATIONS

Classification of Coastal Regulation Zone:

6 (1) For regulating development activities, the coastal stretches within 500
metres of High Tide Line of the Landward side are classified into four
categories namely:

Category - I (CRZ-I):

(i) Areas that are ecologically sensitive and important, such as national
parks, marine parks, sanctuaries, reserve forests, wildlife habitats,
mangroves, corals/ coral reefs, areas close to breeding and spawning
grounds of fish and other marine life, areas of outstanding natural beauty,
historical heritage areas, areas rich in genetic diversity, areas likely to be
inundated due to rise in sea level consequent upon global warming and
such other areas as may be declared by the Central Government or the
concerned authorities at the State Union Territory level from time to time.

(ii) Area between the Low Tide Line and the High Tide Line.

Category - II (CRZ-II):

The area that have already been developed upto or close to the shore-line. For this
purpose, developed area is referred to as that area within the municipal limits or in
other legally designated urban areas which is already substantially built up and which
has been provided with drainage and approach roads and other infrastructural facilities,
such as water supply and sewerage mains.


PMI, NTPC 171
Category - Ill (CRZ-III):

Areas that are relatively undisturbed and those. which do not belong to either Category-I
or II. These will 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.

Category - IV (CRZ-IV):

Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands except
those designated as CRZ-l, CRZ-II or CRZ-III.

Norms for Regulation of Activities:

6(2) The development or construction activities in different categories of CRZ areas shall
be regulated by the concerned authorities at the State/Union Territory level, in
accordance with the following norms:

CRZ-I

No new construction shall be permitted within 500 metres of the High Tide Line. No
construction activity, except as listed under 2 (xii), will be permitted between the Low
Tide Line and the High Tide Line.

CRZ-II

(i) Buildings shall be permitted neither on the seaward side of the existing road (or
roads proposed in the approved Coastal Zone Management Plan of the area) nor
on seaward side of existing authorized structures. Buildings permitted on the
landward side of the existing and proposed roads/ existing authorized structures
shall be subject to the existing local Town end Country Planning Regulations
including the existing norms of FSI/FAR.


PMI, NTPC 172
(ii) Reconstruction of the authorized buildings to be permitted subject with the
existing FSI/FAR norms and without change in the existing use.

(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style.

CRZ-III

(i) The area upto 200 metres trom the High Tide Line is to be earmarked as No
Development Zone. No construction shall be permitted within this zone except
for repairs of existing authorised structures not exceeding existing FSI, existing
plinth area and existing density. However, the following uses may be permissible
in this zone - agriculture, horticulture, gardens, pastures, parks, playfields,
forestry and salt manufacture from sea water.

(ii) Development of vacant plots between 200 and 500 metres of High Tide Line in
designated areas of CRZ-III with prior approval of MEF permitted for construction
of hotels / beach resorts for temporary occupation of tourists subject to the
conditions as stipulated in the guidelines at Annexure-II.

(iii) Construction/reconstruction of dwelling units between 200 and 500 metres of the
High Tide Line permitted so long it is within the ambit of traditional rights and
customary uses such as existing fishing villages and goathans.
Building permission for such construction/ reconstruction will be subject to the
conditions that the total number of dwelling units shall not be more than twice the
number of existing units; total covered area on all floors shall not exceed 33 per
cent of the plot size; the overall height of construction shall not exceed 9 metres
and construction shall not be more than 2 floors (ground floor plus one floor).

(iv) Reconstruction/alterations of an existing authorised building permitted subject to
(i) to (iii) above.


PMI, NTPC 173
CRZ-IV

Andaman & Nicobar Islands:

(i) No new construction of buildings shall be permitted within 200 metres of the HTL;

(ii) The buildings between 200 and 500 metres from the High Tide Line shall not
have more than 2 floors (ground floor and 1st floor), the total covered area on all
floors shall not be more than 50 per cent of the plot size and the total height of
construction shall not exceed 9 metres;

(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for
construction and other purposes;

(v) Dredging and underwater blasting in and around coral formations shall not be
permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into
categories CRZ-I or II or III, with the prior approval of Ministry of Environment
and Forests and in such designated stretches, the appropriate regulations given
for respective categories shall apply.

Lakshadweep and small Islands:

(i) For permitting construction of buildings, the distance from the High Tide Line
shall be decided depending on the size of the islands. This shall be laid down for
each island, in consultation with the experts and with approval of the Ministry of
Environment & Forests, keeping in view the land use requirements for specific
purposes vis-a-vis local conditions including hydrological aspects, erosion and
ecological sensitivity;

PMI, NTPC 174

(ii) The buildings within 500 metres from the HTL shall not have more than 2 floors
(ground floor and 1st floor), the total covered area on all floors shall not be more
than 50 per cent of the plot size and the total height of construction shall not
exceed 9 metres;

(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for
construction and other purposes;

(v) Dredging and underwater blasting in and around coral formations shall not be
permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into
categories CRZ-I or II or III, with the prior approval of Ministry of Environment &
Forests and in such designated stretches, the appropriate regulations given for
respective Categories shall apply.

Lakshadweep and small Islands:

(i) For permitting construction of buildings, the distance from the High Tide Line
shall be decided depending on the size of the islands. This shall be laid down for
each island, in consultation with the experts and with approval of the Ministry of
Environment & Forests, keeping in view the land use requirements for specific
purposes vis-a-vis local conditions including hydrological aspects, erosion and
ecological sensitivity;

(ii) The buildings within 500 metres from the HTL shall not have more than 2 floors
(ground floor and 1st floor), the total covered area on all floors shall not be more
than 50 per cent of the plot size and the total height of construction shall not
exceed 9 metres;


PMI, NTPC 175
(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for
construction and other purposes;
(v) Dredging and underwater blasting in and around coral formations shall not be
permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into
categories CRZ-I or II or III, with prior approval of Ministry of Environment &
Forests. In such designated stretches, the appropriate regulations given for
respective Categories shall apply.



PMI, NTPC 176
ANNEXURE-II

GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS/HOTELS IN THE
DESIGNATED AREAS OF CRZ-III FOR TEMPORARY OCCUPATION OF TOURIST
VISITORS, WITH PRIOR APPROVAL OF THE MINISTRY OR ENVIRONMENT &
FORESTS.

7(1) Construction of beach resorts/ hotels with prior approval of MEF in the designated
area of CRZ-III for temporary occupation of tourists/ visitors shall be subject to the
following conditions:

(i) The project proponents shall not undertake any construction (including temporary
constructions and fencing or such other barriers) within 200 metres (in the
landward side) from the High Tide Line and within the area between the Low Tide
and High Tide Line;

(ii) The total plot size shall not be less than 0.4 hectares and the total covered area
on all floors shall not exceed 33 per cent of the plot size i.e. the FSI shall not
exceed 0.33. The open area shall be suitably landscaped with appropriate
vegetal cover;

(iii) The construction shall be consistent with the surrounding landscape and local
architectural style;

(iv) The overall height of construction upto the highest ridge of the roof, shall not
exceed 9 metres and the construction shall not be more than 2 floors (ground
floor plus one upper floor):

(v) Ground water shall not be tapped within 200 m of the HTL; within the 200 metre-
500 metre zone it can be tapped only with the concurrence of the Central / State
Ground Water Board;


PMI, NTPC 177
(vi) Extraction of sand, levelling or digging of sandv stretches except for structural
foundation of building, swimming pool shall not be permitted within 500 metres of
the High Tide Line.

(vii) The quality of treated effluents, solid wastes, emissions and noise levels etc.
from the project area must conform to the standards laid down by the competent
Authorities including the Central/State Pollution Control Board and under the
Environment (Protection) Act, 1986;

(viii) Necessary arrangements for the treatment of the effluents and solid wastes must
be made. It must be ensured that the untreated effluents and solid wastes are not
discharged into the water or on the beach; and no effluent/solid Waste shall be
discharged on the beach;

(ix) To allow public access to the beach, at least a gap of 20 metres width shall be
provided between any two hotels / beach resorts and in no case shall gaps be
less than 500 metres apart; and

(x) If the project involves diversion of forest land for non-forest purposes, clearance
as required under the Forest (Conservation), Act, 1980 shall be obtained. The
requirements of other Central and State laws as applicable to the project shall be
met with.

(xi) Approval of the State/Union Territory Tourism Department shall be obtained.

7 (2) In ecologically sensitive areas (such, as marine parks, mangroves, coral
reefs, breeding and spawning grounds of fish, wildlife habitats and such
other areas as may be notified by the Central/State Government, Union
Territories) construction of beach resorts/hotels shall not be permitted.

PMI, NTPC 178
12. 12. TheForest (Conservation) Act, 1980 TheForest (Conservation) Act, 1980
NO. 69 OF 1980
[27
rth
December, 1980]

An Act to provide for the conservation of forests and for matters connected there with or
ancillary or incidental thereto.

BE it enacted by parliament in the Thirty-first Year of the Republic of India as follows:-

1. (1) This Act may be called the Forest (conservation) Act, 1980

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come in to force on the 25
th
day of October,
1980.

2. Notwithstanding anything contained in any other law for the time being in force in
a state, no state Government or other authority shall make except with the prior
approval of the central government, any order directing-

(i) That any reserved forest (with in the meaning of the expression reserved
forest in any law for the time being in force in that State) or any portion
there of, shall cease to be reserved;

(ii) That any forest land or any portion there of may be used for any non-
forest purpose.

Explanation For the purposes of this section non-forest purposes mean
breaking up or clearing of any forest land or portion thereto for any purpose other
than reafforestation.
Short title,
extent and
commenc-
ement.
Restriction
on the
dereservati
on of
forests or
use of
forest land
for non-
forest
purpose.

PMI, NTPC 179
3. The Central Government may constituted a Committee consisting of such
number of persons as it may deem fit to advise that Government with regard to

(i) The grant of approval under section 2; and

(ii) Any other matter connected with the conservation of forests which may
be referred to it by the central Government.

4. (1) The Central Government may, by notification in the official Gazette, make
rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each Houses 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 rules should not be made, the rules shall there after 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.

5. (1) The forest (conservation) ordinance, 1980 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the
provisions of the said ordinance shall be deemed to have been done or
taken under the corresponding provisions of this Act.

Constitution
of Advisory
Committee.
Power to
make rules.
Repeal and
saving.
17 of 1980

PMI, NTPC 180
ANNEXURE-II

PUBLISHED IN PART-II SECTION 3 SUB-SECTION (1) OF THE
GAZETTE OF INDIA

NO. 8-6/ 80-FRY (COORD)
Government of India
Ministry of Agriculture
(Department of Agriculture & Cooperation)

New Delhi, the 1
st
Aug. 1981.

NOTIFICATION


G.S.R. 810In exercise of the powers conferred by sub-section (1) of section 4 of the
Forest (Conservation) Act, 1980 (69 of 1980), the central government hereby makes the
following rules, namely: -

1. Short title, extent and commencement:

(1) These rules may be called the Forest (Conservation) Rules, 1981.

(2) They shall extend to the whole of India except the state of Jammu and
Kashmir.

(3) They shall come in to force on the date of their publication in the official
Gazette.

2. Definitions:

In these rules unless the context otherwise declares:-

(1) Act means the forest (Conservation) Act, 1980 (69 0f 1980);

(2) Committee means the committee constituted under section 3;


PMI, NTPC 181
(3) Chairman means the chairman of the committee;

(4) Member means a member of the committee;

(5) Section means a section of the Act.

3. Conduct of business of the committee;

(1) The chairman shall call the meetings of the committee as often as
necessary.

(2) The meetings of the committee shall, unless the chairman in any case
otherwise directs, be held in Delhi.

(3) The chairman shall preside over every meeting of the committee at which
he is present:

Provided that if the chairman is absent from a meeting and it is not
expedient to adjourn the meeting, senior most member of the committee
shall preside over the meeting.

(4) Every question upon which the committee is required to advise shall be
considered either at its meetings or, if the chairman so directs, by sending
necessary papers to members for their opinion.

4. Procedure to make proposal by a state Government or
other authority:-

(1) Every state government or other authority which seeks prior approval of
the central government under section 2 shall send its proposal to that
government along with the particulars specified in the Annexure to these
rules.


PMI, NTPC 182
(2) Every proposal referred to in sub-rule (1) shall be sent to the following
address, namely, Secretary to the Government of India, Department of
Agriculture and Co-operation, Krishi Bhavan, New Delhi.

5. Committee to advise on proposals received by the central
Government:-

(1) The Central Government may refer any proposal received by it under
sub-rule (1) of rule 4 to the committee for its advice there on.

(2) The committee shall have due regard to all or any of the following matters
while tendering its advice on the proposals referred to it under sub-rule
(1), namely:-

(a) Whether the forest land proposed to be used for non-forest
purpose forms part of a nature reserve, national park, wildlife
sanctuary, biosphere reserve or forms part of the habitat of any
endangered or threatened species of flora and fauna or of an area
lying in severely eroded land.

(b) Whether the use of any forest land is for agriculture purpose or for
the rehabilitation of persons displaced from their residences by
reason of any river, valley or hydro-electric project;

(c) Whether the state Government or the other authority has certified
that it has considered all other alternatives and that no other
alternatives in the circumstances as are feasible and that the
required area is the minimum needed for the purpose; and

(d) Whether the State Government or the other authority undertakes
to provide at its cost for the acquisition of land of an equivalent
area and afforestation thereof.


PMI, NTPC 183
(3) While tendering the advice, the committee may also suggest any
conditions or restrictions on the use of any forest land for any non-forest
purpose which, in its opinion, would minimize adverse environmental
impact.

6. Action of the central Government on the advice of the
committee:-

The central Government shall, after considering the advice of the committee
tender under rule 5 and after such further enquiry as it may consider necessary,
grant approval to the proposal with or without conditions or reject the same.

PMI, NTPC 184
13. 13. The Forest (Conservation) Amendment The Forest (Conservation) Amendment
Act, 1988 Act, 1988
No. 69 OF 1988


[17
rth
December, 1988]

An Act to amend the forest (Conservation) Act, 1980.

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows;-

1. (1) This Act may be called the Forest (Conservation) Amendment Act, 1988.

(2) It shall come into force on such date as the Central Government may, by
notification in the official Gazette, appoint.

2. In section 2 of the Forest (Conservation) Act, 1980 (hereinafter referred to as the
principal Act):-

(a) after clause (ii), the following clauses shall be inserted, namely;-

(iii) that any forest land or any portion thereof may be assigned by way of
lease or otherwise to any private person or to any authority, corporation,
agency or any other organization not owned, or controlled by
Government.

(iv) that any forest land or any portion thereof may be cleared of trees
which have grown naturally in that land or portion, for the purpose of
using it for reafforestation.;

(b) for the Explanation, the following Explanation shall be substituted,
namely:-
Short title,
extent and
commenc-
ement.
Amendment
of section2

PMI, NTPC 185
Explanation For the purposes of this section non-forest purpose
means the breaking up or clearing of any forest land or portion thereof for

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing
plants, horticultural crops or medicinal plants;

(b) any purpose other than reforestation;

but does not include any work relating or ancillary to conservation,
development and management of forests and wild life, namely, the
establishment of check-posts, fire lines, wireless communications and
construction of fencing, bridges and culverts, dams, waterholes, trench
marks, boundary marks pipelines or other like purposes.

3. After section 3 of the principal Act, the following section shall be inserted,
namely: -

3A. whoever contravenes or abets the contravention of any of the provisions of
section 2, shall be punishable with simple imprisonment for a period which may
extend to fifteen days.


3B. (1) Where any offence under this Act has been committed-

(a) by any department of Government, the head of the department; or

(b) by any authority, every person who, at the time the offence was
committed, was directly in charge of, and was responsible to, the
authority for the conduct of the business of the authority as well as the
authority;

shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly;

Insertion of
new
sections 3A
and 3B.
Penalty for
contraventi
on of the
provisions
of the Act.
Offences by
authorities
and
Government
departments.

PMI, NTPC 186
Provided that noting contained in this sub-section shall render the head of the
department or any person referred to in clause (b), 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