Section 7 of the EP Act

 Section 7 of the EP Act directs that persons carrying on any industry shall not discharge any environmental pollutants in excess of standards prescribed by

a) SPCB

b) CPCB

c) State Government

d) Central Government. è

Explanation:

a) SPCB = State Pollution Control Board

b) CPCB = Central Pollution Control Board

Section 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.

Such standards are prescribed by the Central Government time to time.

As  per Sec. 7 the person liable is a) person carrying on any industry, operation or process and discharging or emitting any environmental pollutant in excess b) the authority/ Head of department who is giving permit for discharge of emission of such environmental pollutants in excess.

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Section 7 of the EP Act is significant provision that provides for an offence committed by any department of government wherein:

a) Government is excused from liability as the government itself frames the Act.

b) Head of department shall be deemed guilty and is liable. è

c) The department officials responsible for contravention will be held liable.

d) No liability since the Act falls within the sovereign function of the State.

Explained above.

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