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Chapter 2Policy, Legislation and Regulationindustrial units, and only about 10% of these are brought under the consent regime of PCB.There are various complaints of pollution from the SSI units which are dealt on a case to caseto basis and priority set on an adhoc manner. Therefore, in the case of small scale industries,the enforcement of the act can be better achieved through the LSGs, provided they generatetechnical support locally. In the case of major and medium industries, there is requirement ofenhanced measures and monitoring, wherein the role of LSGs as a watchdog is very significant.2.2.2.2. Water (Prevention and Control of Pollution) Cess Act, 1977The Water (Prevention and Control of Water Pollution) Cess Act was introduced on 7thDecember 1977 to augment the resources of the Central and State Pollution Control Boards andto encourage the industries and local bodies to reduce the consumption by imposing a chargeon the water consumed for various purposes. The salient features of the Act are:Levy and collection of a cess on water consumed by an industry (listed in Schedule 1 of theAct) and supplied by a local authority entrusted with the duty of supplying waterAffixing of meters for the purpose of measuring and recording the quantity of waterconsumed or suppliedFurnishing of monthly water cess return to the State PCB in the prescribed formAssessment of cess and responsibility of the State Government for collection and paymentto the Central government and recovery clauses as in the case of land revenueRebate of 25% to the complying industries and local authoritiesEmpowerment of official to enter any premises for testing of correctness of meters affixed.Exemption of water cess by Central Government to certain industriesEvoking penalty clauses only after giving ample opportunity to be heardImposing interest of 2% on arrear cess, penalty up to 100% of the arrear cess andimprisonment and fine on defaultRate of cess applicable based on the purpose and quantity of water consumed.The act was amended in the year 2003 by incorporating the following clauses:"Industry" includes any operation or process, or treatment and disposal system, whichconsumes water or gives rise to sewage effluent or trade effluent, but does not include anyhydel power unitEmpowerment of Central government to exempt the levy of water cess based on conditionspertaining to manufacturing process, effluent, water source, effluent receiving body, unitwater consumption, location of industry etc.Revision of cess for consumption of water for different purposesIn Kerala, about 600 industries are brought under this Act and the Cess is being collected by thePCB. The responsibility of supply of drinking water in the State has been entrusted with the KeralaWater Authority (KWA), except in Trichur City Corporation. The Cess collection from KWA could berealized only to the extent of about 18%. More community water supply schemes are envisagedwherein the role of LSGs will be significant. Therefore, ESMF, in a way, will enable improvedcompliance of the provisions of this Act.
Environmental Assessment ReportKerala Local Government Strengthening Project2.2.2.3. Forest (Conservation) Act 1980Forest Conservation Act- 1980 -an Act to provide for the conservation of forests and formatters connected therewith or ancillary or incidental thereto- is intended to safeguard forestlands from unauthorized diversions. The act states that no State Government or otherauthority shall make, except with the prior approval of the Central Government, any orderdirecting-(i) that any reserved forest (within the meaning of the expression "reserved forest" in any lawfor the time being in force in that State) or any portionthereof, shall cease to be reserved;(ii) that any forest land or any portion thereof may beused for any non-forest purpose;(iii) that any forest land or any portion thereof may beassigned by way of lease or otherwise to any privateperson or to any authority, corporation, agency or anyother organization not owned, managed or controlledby Government;(iv) that any forest land or any portion thereof may becleared of trees which have grown naturally in thatland or portion, for the purpose of using it forreforestation.Only the Central Government isauthorized to permit diversion offorest land for non forestry purposes.Therefore, the LSGs will have no roleexcept in assisting forestconservation activities throughschemes like the NREGA andenhancement of forest productivityactivities through stipulatedstakeholder groups. The provisions ofthe acts fall under negative list as faras the proposed ESMF is concerned.The Central Government may constitute a Committee consisting of such number of persons asit may deem fit to advice that Government with regard to the grant of approval for the aboveand any other matter connected with the conservation of forests which may be referred to itby the Central Government.2.2.2.4. Air (Prevention and Control of Pollution) Act, 1981The primary objective of the Air (Prevention and Control of Pollution) Act, 1981 is to providefor the prevention Control and abatement of air pollution. As the LSGIs at present does nothave expertise in assessment, monitoring and enforcement capability, they rely on the servicesof Kerala State Pollution Control Board (KSPCB) in this aspect.As per section 448 of the Municipal Act, license for establishment of factory/ workshopshall be issued provided that if a declaration is given by the applicant recommended by theofficer in the Industries Department or the Kerala State PCB authorized for this behalf tothe effect that no pollution is involved. LSGI normally issues license to industry /establishment including residential flats, hotels and resorts only after producing consent toestablish or consent to operate under the WaterAct and Air Act from the KSPCB.The proposed ESMF shall ensureimproved compliance of theprovisions of the Act informally dueto the environmental sensitivity buildup within the LSG throughEnvironmental Assessment and suchactivities.If the industry/establishment violate the conditionsof the consent issued by the KSPCB, as per theWater Act and Air Act, punitive actions is beingtaken by way of issual of closureorder/suspension/cancellation of licenses issued. LSGIs usually suspend their license to the34
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