Ramsar Convention

 The Ramsar Convention deals with the conservation of :

(a) wet lands è

(b) endangered species of birds

(c) endangered species of wild animals

(d) none of the above

Ramsar Convention

The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat is an international treaty for the conservation and sustainable use of wetlands. It is also known as the Convention on Wetlands. It is named after the city of Ramsar in Iran, where the convention was signed in 1971.

The Ramsar Convention's broad aims are to halt the worldwide loss of wetlands and to conserve, through wise use and management, those that remain.

It was established in 1971 by UNESCO and came into force in 1975. India is a party to the Ramsar Convention. India signed under it on 1st February 1982.

Two new Ramsar sites (Wetlands of International Importance) were announced by Minister for Environment, Forest and Climate Change, Shri Bhupender Yadav on World Wetlands Day 2022. Thus increasing the total number of Ramsar sites to 49. The two new Ramsar sites are Khijadia Wildlife Sanctuary in Gujarat and Bakhira Wildlife Sanctuary in Uttar Pradesh.

Sundarbans is the largest Ramsar Site of India. Chilika Lake (Orissa) and Keoladeo National Park (Rajasthan) were recognized as the first Ramsar Sites of India. Uttar Pradesh has the most number of Ramsar Sites in India. It has 10 Indian Wetlands. Renuka Wetland (Area – 20 ha) in Himachal Pradesh is the smallest wetland of India.

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What is not true about the Ramsar Convention?

A. It is a Convention on Wetlands

B. It is an intergovernmental treaty

C. It is part of the United Nations & UNESCO system of environment convention è

D. It was adopted in 1971

Explanation:

Ramsar Convention is adopted by UN for environment protection but UNESCO is an international organisation for for world heritage. The United Nations Educational, Scientific and Cultural Organization is a specialised agency of the United Nations aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture.

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Supersession of SPCB by State Government

 A State Board under Water Act may be superseded by the

A. State Government è

B. Central Government

C. High Court of that state

D. Supreme Court

Explanation:

62. Power of State Government to Supersede State Board.

(1) If a 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

State board is superseded by the State Government in case of default in performance by the board.

(b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, be 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 objection, if any, of the State Board.

To supersede the board state 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 state Government has to publish a notification in the Official Gazette of the state. 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 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 suppression of the Central Board or a Joint Board by the Central Government.

Same procedure given in the Section 61 of the Act will be applicable for reconstitution of the board.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) state 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 state Government until the board is reconstituted.

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

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.

Central Water Laboratory

Under which provision, the Central Government can establish a ‘Central Water Laboratory’ under Water Act?

A. Sec 51 è

B. Sec 52

C. Sec 16

D. Sec 17

Explanation:

A. Sec 51=

Section 51 in The Water (Prevention and Control of Pollution) Act, 1974

51. Central Water Laboratory.—

(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 form of the laboratory’s 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.

Section 51(1) of the Water (Prevention and Control of Pollution) Act, 1974 provides for the establishment of the Central Water Laboratory by the Central Government. Central Government can specify any laboratory or institute as Central 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 Central Pollution Control Board and prescribe the rules for functioning of the central 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.

 

B. Sec 52 = State Water Laboratory

C. Sec 16 = Functions of Central Board.

D. Sec 17 = Functions of State Board.

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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.

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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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