Supersession of the Board by Central Government

The Central Board or Joint Board under Water Act may be superseded by the

A. State Government

B. Central Government è

C. High Court

D. Supreme Court

Explanation:

Superseded = general definition is ‘take the place of (a person or thing previously in authority or use); supplant.’

Section 61 in The Water (Prevention and Control of Pollution) Act, 1974

61. Power of Central Government to supersede the Central Board and Joint Boards.—

(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

If central board or joint board made default in performance of the functions imposed on it then the Central Government can take place of the board. (board includes central board or joint board as the case may be)

(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reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be.

To supersede the board central government has to give reasonable opportunity to the board to show cause why it should not be superseded and also explanations and objections may be given in reply by the board.

To Supersede the board the Central Government has to publish a notification in the Official Gazette. Board cannot be superseded for more than a period of one year after publication of such notification.

(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 to 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.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) central government may appoint and empower person or persons to perform the functions and duties, which may be performed or discharged by the board until the reconstitution of the board.

c) all property owned and controlled by the board will be vested in the Central Government until the board is reconstituted.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or

If board is not reconstituted after one year of notification of supersede then the central government can extend the period of supersession for not exceeding six months or reconstitute as given in clause (b) of Section 61(3)

(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.

Any person who vacated his office due to supersession shall not be deemed disqualified for nomination or appointment. The board will be reconstituted by the nomination or appointment of new members.

State Water Laboratory

Under Water Act, State Water Laboratory may be established under Sec 52 of the Act

A. By the State Board

B. The State Government ==> Correct answer

C. Central Board

D. The Central GovernmentExplanation:

Section 52 of the Water (Prevention and Control of Pollution) Act, 1974

52. State Water Laboratory.—

(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—

(a) the functions 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 laboratory’s 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.

Section 52(1) of the Water (Prevention and Control of Pollution) Act, 1974 provides for the establishment of the State Water Laboratory for the State Government. State Government can specify any laboratory or institute as State Water Laboratory.

Section 52(2) of the Water (Prevention and Control of Pollution) Act, 1974 provides that the State Government may take consultation with the State Pollution Control Board and prescribe the rules for functioning of the state water laboratory, procedure for submitting the samples for testing or analysis, format of the report, fees for the testing or analysis, etc.

Samples of water or sewage or trade effluent may be submitted at the state water laboratory for testing or analysis.

Prohibition of Hunting of Wild Animals

 Under which provision of the Wildlife Protection Act was hunting prohibited?

a. Section 7

b. Section 9 è

c. Section 10

d. Section 11

Explanation:

a. Section 7 = Procedure to be followed by the Board (Board constituted under this Act for wild life protection)

b. Section 9 = Prohibition of hunting = No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.

Thus no one can hunt any animal specified in Schedule I, II, III and IV of the Wildlife (Protection) Act, 1972. But Section 11 and 12 provide some exceptions for hunting.

c. Section 10 = Maintenance of records of wild animals killed or captured. = Repealed in 1991

d. Section 11 = Hunting of wild animals to be permitted in certain cases.

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.

==============

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.

==========

Constitutional Provisions for Environmental Protection

 Q. One of the following Articles of the Constitution of India gives a clear mandate to the State to protect and improve environment and to safeguard the forest and wildlife in the country

A. Article 20

B. Article 51(A) (g) è

C. Article 54

D. Article 59

Explanation:

A. Article 20 = Protection in respect of conviction for offences

B. Article 51(A) (g) è Article 51-A (g), says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.” 

C. Article 54 = Election of President of India

D. Article 59 = Conditions of Presidents office

============

Article ______ of the Indian Constitution deals with protection of monuments and places and objects of National Importance.

(a) 48-A

(b) 49 è

(c) 50

(d) 47

Art 49 of the Indian Constitution deals with protection of monuments and places of national importance.

================

Supreme Court has traced the Right to wholesome environment in _______ .

(a) Article 21 è

(b) Article 21(A)

(c) Article 48-A

(d) Article 14

The Charan Lal Sahu Case [7] In 1991

================

Article 48-A of the Constitution is specially inserted for _______________ .

(a) Organisation of agriculture and animal husbandry

(b) Protection of monuments

(c) Raising the level of nutrition

(d) Protection and improvement of environment.

The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

=============

The provisions for environmental protection in the Indian Constitution are made under  _____.

(a) Article 48-A

(b) Article 51-A (g)

(c) Article 27-B (h)

(d) Both (a) and (b) è

============

Article 21, 47, 48-A and 51-A(g) that provide that the State must protect and improve the environment and safeguard forest and wildlife incorporating which of the following principles of Environmental law?

a) Polluters pays principle

b) Precautionary principle è

c) Both A and B

d) None of the Above

===========

Under which article of the constitution was the Environment protection act 1986 enacted?

A. Article 233

B. Article 243

C. Article 253 è

D. Article 272

In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution.

===========

Bio-Medical Waste Rules

 Q The Central Government has issued the Bio-Medical Waste Rules in the year:

(a) 2000 (b) 1998 è

(c) 2003 (d) 2007

BioMedical Waste Rules= BIOMEDICAL WASTE MANAGEMENT RULES The Ministry of Environment and Forest established the Biomedical Waste Management & Handling Rules in 1998 under the Environment Protection Act

Biomedical waste or hospital waste is any kind of waste containing infectious (or potentially infectious) materials.[1] It may also include waste associated with the generation of biomedical waste that visually appears to be of medical or laboratory origin (e.g. packaging, unused bandages, infusion kits etc.), as well research laboratory waste containing biomolecules or organisms that are mainly restricted from environmental release. As detailed below, discarded sharps are considered biomedical waste whether they are contaminated or not, due to the possibility of being contaminated with blood and their propensity to cause injury when not properly contained and disposed. Biomedical waste is a type of biowaste.

==============

Authorization under the Bio-Medical waste Rules means –

a. means permission granted by the prescribed authority for the generation, collection, reception, storage, transportation, treatment, disposal and/or any other form of handling of bio-medical waste in accordance with these rules and any guidelines issued by the Central Government. è

b. means any preparation made from organisms or micro-organisms or product of metabolism and biochemical reactions intended for use in the diagnosis, immunisation or the treatment of human beings or animals or in research activities pertaining thereto

c. which includes a hospital, nursing home, clinic dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called, means a person who has control over that institution and/or its premises

d. person who owns or controls or operates a facility for the collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste

 

Explanation:

Bio-medical Waste Authorisation is an authorisation issued under the provisions of Bio-medical Wastes Management Rules, 2016 for the generation or collection or reception or storage or transportation or treatment or disposal or any other manner of handling of biomedical wastes listed in Schedule 1 of the Bio-medical Wastes Management Rules, 2016.

According to the Bio-medical Waste Management Rules, 2016, Every person who is involved in the generation, collection, storage, transportation, reception, recycling, disposal is required to have authorization.

The State Pollution Control Board are declared as prescribed Authority for grant of Authorization.

===============

A news came in one of the newspapers stating that one ‘Mangal Nursing Home’ is discarding its Biomedical wastes in the nearby public dustbin on the road maintained by Corporation thereby causing health hazards to the surrounding residents. In this case –

a. The Pollution Control Board cannot take suo moto action against the Nursing home

b. The Pollution Control Board can take suo moto action against the Nursing home. è

c. The Nursing home has not committed any offence and hence no action can be taken against them

d. The Nursing Home has committed an offence, but the Pollution Control Board does not have the authority to take action against them.

Explanation:

It is the duty of the officials of the PCB to ensure implementation of the Bio-Medical Waste (Management & Handling) Rules, 1998 under the Environment (Protection) Act, 1986 and amendments thereof.

===========

Magna Carta of Environmetal Law

 Q _____ document is known as “Magna Carta” for efforts taken in form of conference on international level:

(a) The Stockholm conference è

(b) The Rio conference

(c) The Johanesburg conference

(d) United Nations Millennium

Explanation:

(a) The Stockholm conference = The 1972 United Nations Conference on the Environment in Stockholm was the first world conference to make the environment a major issue.

(b) The Rio conference = The United Nations Conference on Environment and Development, also known as the Rio de Janeiro Earth Summit, the Rio Summit, the Rio Conference, and the Earth Summit, this was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992.

(c) The Johanesburg conference = The Johannesburg Declaration on Sustainable Development was adopted at the World Summit on Sustainable Development (WSSD), sometimes referred to as Earth Summit 2002, at which the Plan of Implementation of the World Summit on Sustainable Development was also agreed upon.

(d) United Nations Millennium = The United Nations Millennium Declaration, signed in September 2000, commits world leaders to combat poverty, hunger, disease, illiteracy, environmental degradation, and discrimination against women.