powers of state pollution board
harpreet s dheer
(Querist) 06 March 2010
This query is : Resolved
plz tell me what are the powers of the state pollution control board in regarding the factory which is making noise , land , water , air pollution in a silence zone i.e located in 100 metres of a govt. school.
harpreet s dheer
phone 9354109883
email:
harpreetdheer1986.2009@rediffmail.com
Guest
(Expert) 06 March 2010
Legal provisions
To make the lives of the people easier, there were certain additions made to the constitution under the Environmental Protection Act, 1986. These are:
1. Under the Noise Pollution Rules, 2000, loudspeakers are banned within a 100-metre radius of courts, schools, hospitals, educational institutions and religious places. The punishment for flouting this rule is a fine of Rs 1 lakh and a prison term of up to five years.
2. No one is allowed to use loudspeakers or any other source of public address system from 10 PM to 6AM. If any person does so, he is violating the rules and can be prosecuted.
3. Restriction on the use of loudspeakers/public address system:-
a. A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
b. A Loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m. except in closed premises for communication, e.g. auditorium, conference rooms, community halls and banquet halls. And only a district magistrate can permit a person to make the use of PA systems after 10 p.m. In fact the Suprme Court has banned the use of loudspeakers, firecrackers and the honking of vehicle horns from 10 p.m to 6 a.m.
4. Consequences of any violation in silence zone/area:- Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:—
a. Whoever, plays any music or uses any sound amplifiers.
b. Whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet of beats or sounds any instrument, or
c. Whoever exhibits any mimetic, musical or other performances of a nature of attract crowds.
5. Complaints to be made to the authority:—
a. A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority.
b. The authority shall act on the complainant and take action against the violator in accordance with the provisions of these rules and any other law in force.
6. Responsibility as to enforcement of noise pollution control measures: -
a. The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.
b. The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
Here, "authority" means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force.
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
No. 14 of 1981
Section19. Power to declare air pollution control areas,
(1) The State Government may, after consultation with the State Board, by notification in the Official Gazette declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act.
(2) The State government may, after consultation with the State Board, by notification in the Official Gazette,-
(a) 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 notification.
(4) The State Government may, after consultation with the Sate Board, by notification in the Official Gazette, direct that with effect fr6m such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area :
Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof.
