Sarabjit ji/ Mrs. Warpen,
I checked the Air ( Prevention & Control of Pollution) act 1981 at the Min of
Environment & Forests website.
http://moef.nic.in/modules/rules-and-regulations/air-pollution/
This is what I found ( pl. see specifically 1(a) & (f))
State Pollution Control board is to secure the execution of plan to
prevent,control, abatement of pollution & take steps for prevention, control &
abatement of air pollution.
In fact there is a provision of harsh penalty to violators in the act.
To my surprise I did not find even the mention of police in the act ( something
wrong here? need to be rechecked)
17. Functions of State Boards.
(1) subject to the provisions of this Act, and without prejudice to the
performance of its functions, if any, under the Water (Prevention and Control
of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall
be-
(a) to plan a comprehensive programme for the prevention, control or
abatement of air pollution and to SECURE the execution thereof-,
(b) to advise the State Government on any matter concerning the
prevention, control or abatement of air pollution;
(c) to collect and disseminate information relating to air pollution;
(d) to collaborate with the Central Board in organising the training of
persons engaged or to be engaged in programmes relating to prevention, control
or abatement of air pollution and to organise mass-education programme relating
thereto;
(e) to inspect, at all reasonable times, any control equipment,
industrial plant or manufacturing process and to give, by order, such
directions to such persons as it may consider necessary to take steps for the
prevention, control or abatement of air pollution;
(f) to inspect air pollution control areas at such intervals as it may
think necessary, assess the quality of air therein and TAKE STEPS for the
PREVENTION, CONTROL or ABATEMENT of air pollution in such areas;
--- In [email protected], "bokadajay" <bokada...@...> wrote:
>
> Sarbajit ji,/ Mrs. Warpen,
>
> Reproducing below relevant portion from the order of HC Bombay PIL WRIT
> PETITION NO. 85 OF 2007
> AWAAZ Foundation and another ).. Petitioners
> Versus
> The State of Maharashtra and others
>
> Quote
>
> We find it unnecessary to go into the question as to who is the
> competent authority to do what part of their duties.
> Suffice it to note that the Maharashtra Pollution Control Board, Commissioner
> of Police, the State Government and/or the Municipal Corporation are
> responsible for complying with and enforcing the law and they ought to
> perform their duties without unnecessary delay.
> Unquote
>
> I quickly went thru the act but could not locate competent authority now.
>
> Will try again tomorrow.
>
> Thanks & Rgds
> --- In [email protected], Daphne Warapen <dwarapen@> wrote:
> >
> >
> >
> >
> >
> > Dear Mr. Sarbajit
> > Thanks for the clarification that was very quick.I stand corrected after
> > your explanation. I am in agreement with you that mediareports etc. do
> > not have credence  in court.
> > However, since the concerned MPCB officers wanted to convey to Mr.Marathe
> > that it was not their responsibilities and directed him to the Police,
> > Â they could have given Mr. Marathe the parameters of their duties and
> > responsibilities.Such information could then be disseminated so that in
> > future, Â others will know where to direct their queries and seek
> > information for such matters. mrs.warapen.
> > Â
> > Â
> > Â
> > Â
> > From: sarbajitr <sroy1947@>
> > Subject: [rti_india] Re: RTI to MPCB( Maharashtra Pollution Control Board)
> > on Noise Pollution during
> > To: [email protected]
> > Date: Thursday, 3 December, 2009, 21:15
> >
> >
> > Â
> >
> >
> >
> > Dear Mrs Warapen / Ajay
> >
> > 1) The MPCB is correct - Under the Nopise Pollution Rules r/w Environment
> > Act primary responsibility to control Noise Pollution, Loud Speaker menace
> > etc. is with the POLICE.
> >
> > 2) The answers MPCB has given you is perfect.
> >
> > 3) Reliance on newspaper reports to file RTIs is a cheap, lazy and cowards
> > way out. In the old days all those PIL-filing busybodies used to rush to
> > court on the basis of newspaper reports. The courts have got wise to them
> > and don't pay much credence to them nowadays.
> >
> > Sarbajit
> >
> > --- In rti_in...@yahoogrou ps.com, Daphne Warapen <dwarapen@ .> wrote:
> > >
> > > Dear Mr.Ajay,
> > > The ludicrous answer you received in reply to your rti is not
> > > surprising.We all are conversant with the kind of officers weà deal
> > > with. Their answer deserves the status of the 3 Rs. ROBOTIC, REPUGNANT,
> > > RIDICULOUS. Can we expect responsible answers to questions raised from
> > > officers who are there to bid their time and tenure and have no qualms of
> > > duties and responsibilites. One thing they have failed to read from your
> > > RTI that you need certified copies. Are they providing certified copies
> > > when we take print outs from the net. If this be the case then why waste
> > > time on RTIs if such certified information can be sought of from the net.
> > > In my opinion its neither a pollution control or pollution reporting
> > > board. Either way they would have understood your queries and provided
> > > you with certified information that they possessed.. To me they are a
> > > broadcasting board that directs you to see the website and other
> > > departments à and absolves themselvesà from Ã
> > all
> > > responsibilities.Ã mrs.daphne warapen.
> > > Ã
> > >
> > > Ã
> > >
> > > From: ajay marathe <marathe.ajay@ ...>
> > > Subject: [rti_india] RTI to MPCB( Maharashtra Pollution Control Board) on
> > > Noise Pollution during Deepawali
> > > To: rti_in...@yahoogrou ps.com
> > > Date: Thursday, 3 December, 2009, 20:23
> > >
> > >
> > > Ã
> > >
> > >
> > >
> > >
> > > RTI to MPCB( Maharashtra Pollution Control Board) on Noise Pollution
> > > during Deepawali
> > > Ã
> > > Info asked & Recd:
> > > Ã
> > > TOI dated Oct 22, 2009 carried a report titled ââ¬Å"This was a noisy
> > > Diwali: MPCB reportââ¬ï¿½
> > > The newspaper cutting was attached to the RTI application.
> > > Ã
> > > 1)Ã Ã Ã Ã Ã Request a certified true copy of this report -/
> > > Reply---- The report is available on the website of MPCB i.e.
> > > www.mpcb.gov. in
> > > 2)Ã Ã Ã Ã Ã Request decibel levels measurement report ( certified
> > > true copy) in Mumbai, Navi Mumbai, Thane, & remaining part of Maharashtra
> > > either measured by MPCB or available with MPCB during day time & night
> > > time.- / Reply---- see 1 above.
> > > 3)Ã Ã Ã Ã Ã I understand that decibel level measuring instruments
> > > were given to Police & Municipal Corporation. Request decibel level
> > > measurement report by both of them-/ Reply ---- the noise measuring
> > > instruments were given to only Police. MPCB does not have these
> > > instruments. The info is available with police
> > > 4)Ã Ã Ã Ã Ã In case these decibel levels were higher than norm,
> > > request steps taken by MPCB, if any. -/ Reply ---- Please see 3 above.
> > > 5)Ã Ã Ã Ã Ã In case any action was not taken, request report citing
> > > reasons for the same ( if prepared) or file noting about it. -/ Reply
> > > ---- Please see 3 above.
> > > Ã
> > > Comment: Is it a pollution control board or pollution reporting board?
> > > Ã
> > > Ã
> > > Thanks & Rgds
> > > Ã
> > > Ã
> > > Ã
> > >
> > > --
> > > Thanks & Rgds
> > >
> > > Ajay Marathe
> > >
> > > Vashi, Navi Mumbai, Maharashtra
> > >
> >
>
