Eng Mal
Visitor Count
4,203,505

The policy of the Board is to control pollution through persuasion. Legal action is taken only as a last resort after persuasion fails. Cases are filed by the Board in Judicial First Class Magistrate Court either as a restrainment application or as a prosecution case. The public can also file prosecution case after giving 60 days notice to the Board.

The Water Amendment Act, 1988 and the Air Amendment Act, 1987 empowers the Board to give direction

  • for closure, prohibition or regulation of any industry, operation or process or
  • stoppage or regulation of supply of electricity, water or any other service.

Judicial route proved to be time consuming in enforcing directions to prevent/ control pollution. Therefore Board is now resorting to issuing directions for closure/ stoppage or to regulate supply of electricity and water. This has speeded up enforcement of the rules.

Prosecution Case
Instance
  1. Obstructing Board officers from exercising powers and performing functions
  2. Damaging works or property belonging to the Board
  3. Failure to furnish information required by the Board
  4. Failure to intimate the Board the occurrence of an accident
  5. Giving false information
  6. Failure to obtain consent under Water Act or to comply with the conditions of consent.
  7. Failure to obtain consent under Air Act or to comply with the conditions of consent.
  8. Failure to comply with the directions of the Board.
Restrainment Application
Instance
  1. Discharge of water pollutants in excess of the standards
  2. Discharge of air pollutants in excess of the standards