S.

17 Func of the St Brd- a) To plan a comp prog for preventing & controlling d pollution of d wells & streams in d state & secure its execution b) To advise State
Gov on matters relating to prevention & controlling water pollution c) Collaborate with central board to train persons employed or to be employed to prevent &
control water pollution d) To lay down, modify d effluent standards of sewage & trade effluents & for d quality of receiving water resulting from d discharge of
effluents & to classify waters of d state. e) To evolve methods of utilizing d sewage & suitable trade effluents in agriculture f) The State Board has d authority to
set up labs to enable d board to perform its function efficiently including collecting samples of water from any stream or sewage or trade effluents
Pwr of St Brd- To give directions to obtain information- a) State Board may take necessary measure in order to obtain information to carry out the functions of
the State Board [S.20(1)] b) State Board may require any person to give information if he is abstracting large quantities of water from a stream or a well or
discharging affluent in stream or a well [S.20 (2)] c) State Board may ask any person in charge of any establismnt whr any operation or process or treatment &
disposal system is carried on to furnish to it info regdng d const, installn or operations of such establishment or of any disposal system or of any extension in
such establishment & such other particulars as may be prescribed. [S.20 (3)] Power to take samples of effluents State Board shall have the power to (i) take
samples of water from any stream or well (ii) take samples of any sewage or trade effluent passing from any plant or vessel or over any place into any such
stream or well. The result of any analysis of a sample of any sewage or trade effluent shall not admissible as evidence in a legal proceeding unless the provision
of sub-S.(3) (4) &(5) regdng proc for collecting samples has been complied with. [S.21 (2)] Power of entry & insp Person authorized by the State Board shall
have the right to enter at any time for the purpose of any functions entrusted by the Board like to determine whether an order or direction is being complied
with or for the purposes of examining plant, premises or material object or for its search & seizure which may furnish evidence of commission of an offence
under the Act. Entry shall be at reasonable hours if the premises are used for residential purposes. S.27 Power to refuse or withdrawal of consent by State
Board it shall not grant consent u/s 25(4) if industry, operation or process or treatment & disposal system is not installed . S.30 Power to the State Board to
carry out certain works specified u/s 25 or 26 In continuance of the power u/s 25 & 26, State Board may serve a notice asking the person concerned to do a
specified work within the specified time failing which the board itself shall execute the work the expenses of which shall be borne by the defaulting party. S.32
Power to take emergency measures in case of pollution of stream or well State Board may issue orders to remove the matter, which is, or may cause pollution ;
or remedy or mitigate the pollution, or issue prohibition orders to the concerned persons from discharging any poisonous or polluting matter . S.33 Power of
Board to make app to courts for restraining apprehended pollution of waste in streams or wells (1) If board apprehends that the water in any stream or well is
likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer, or on any land, or otherwise, the Board may
make an app to a court, not inferior to that of a Metro Mag or a Jud Mag of 1st class for restraining the person who is likely to cause pollution (2) On receipt of
an app u/s 33 (1) the court make such order (3) Where u/s 33 (2) the court makes an order restraining any person from polluting the water in any stream or well,
it may in that order:- (i) direct person who is causing or has caused the pollution of the water in the stream or well to desist from taking such action as is likely to
cause pollution or to remove such matter (ii) authorize the Board if the direction u/s 33 (3)(i) is not complied with by the person to whom such direction is issued
to undertake the removal & disposal of the matter in such manner as may be specified by the court (4) All expenses incurred by the Board in removing any
matter to pursuance of the authorization under clause (ii) of sub –S.3 or in the disposal of any such matter may be defrayed out of any money obtained by the
Board from such disposal & any balance outstanding shall be recoverable from the person concerned as arrears of Land revenue or of public demand. S.33 A
Power to give directions Sub to the provisions of this Act & to any direction that the Cen Gov may give, a Board may issue any directions in writing to any
person, officer or authority & such person, officer or authority shall be bound to comply with such directions. This includes the power to direct the closure,
prohibition or regulation of any industry, operation or process; or the stoppage or regulation of supply of electricity, or water or any other service
Pwrs &Functs of the State Gov – S.18 Power to give direction to the State Board Every State Board shall be bound by such directions in writing as the Cen Board
or the State Govt. may give to it. Provided whr a direction given by the State Gov is inconsistent with the direction by the Cen Board the matter shall be referred
to the Central Gov for its decision S.19 (1) & (3) Power to restrict the app of the Act to certain areas the State Go after consultation with or on the recomm of
the State Board is of the opinion that the provisions of this Act need not apply to the entire state, it may, by notification in the Official Gazette, restrict the app of
this Act to such area or areas as may be declared therein as water pollution, prevention & control area or areas & thereupon the provisions of this Act shall apply
only to such area or areas. S.52 State Govt. to set up State water lab & prescribe rules- (a) Establish a State Water Lab; or (b) Specify any State lab or institute as
a State Water Lab, to carry out the functions entrusted to the State Water Lab under this Act. S.62 Power to supersede the State Board (1) If at any time the
State Govt 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 (b) that
circumstances exists which render it necessary in the public interest so to do.
Disqual of members S.6 of the Act mentions the grounds on which a member can be disqualified from being a member of the board: a) A person who is
judged insolvent or has not paid his debts or has compounded with his creditors cannot become a member. b )A person of unsound mind or who has been
convicted of such an offense which according to the central govt or state govt may involve moral turpitude. c)If a person is holding any office of profit or is a
salaried employee of any company, firm which is connected with the board in that situation also he can be a member of any board. d)If a member has misused
his powers by virtue of being a member or holding any position in connection with the board, then the central govt or for that matter the state govt may
disqualify that member in the general interest of the public.
Penalties 1)If any person fails to comply with the orders of the board under sub-s.2&3 of S.20 then in that case on conviction he is punishable for imprisonment
for 3 mo or fine or both 2)If the person fails to comply with orders of the board under clause e of sub-S.1 of S.32 or with sub-S.2 of S.33 then, in that case, the
person would be punishable with imprisonment for 6 months extending to 6 years or a fine or both 3)Apart from the above-mentioned penalties. S.42 mentions
penalties for different kinds of Acts namely: a)If any person removes, destroys or pull down any notice put up by the board. b)If someone obstructs the member
of the board or any other person who is Acting under the board. c)If a  person fails to produce any information as required by the member of the board for the
performance of his duties. d) if he gives any information to the members which he knows to be false. Then In all the above Acts if the person is convicted he
would be punishable by imprisonment for a maximum period of 3 mo or fine that may extend up to Rs 10K or both. Concl-Water pollution is a big issue in India &
controlling & preventing it is another big issue, till now we are not able to create awareness among the people  regarding the importance of conserving water
bodies, this Act certainly provides various agencies that will look to prevent & control water pollution, the Act lays down various procedures for filing a
complaint & the powers of each & every board. However more needs to be done & the Act should be made more comprehensive, more participation should be
given to the locals & punishments should be made stricter so that it Acts as a strong deterrence.  Above all these more emphasis should be given on the
implementation aspect as just by making laws you can’t control pollution proper implementation is also required.
Proc to take sample:-S.21 of the water act lays down the power to take sample of effluent & proc to be followed for the same: S.21(1) empowers the state
board or a person acting in its behalf to analyse any stream or well for the purpose of preventing &controlling water pollution. Unless the sample is collected as
per the procedure laid down in sub S.3,4,5 the same shall not be admissible as evidence. The proc of collecting sample: the person collecting sample shall a)
shall serve a notice to the person in charge of the establishment or his agent in the prescribed forms b) Divide the sample in 2 parts in the presence of the
occupier or the in charge of the establishment or his agent c) Secure each part in a container mark &seal the same &both parties sign on container d) Send one
container to lab established or recognised by State Board &in case it is UT to the lab recognised by Central Board. e) On the request of the occupier, in charge or
establishment or his agent send the second container to : State Water Lab in case the sample collected is from a state & to Central Water Lab in case the sample
collected is from UT. In case upon serving the notice the person wilfully absents himself then:- i) Place the sample in the container & seal & sign it.
Subsequently send the sample for testing & send the information of wilful absenteeism to the govt appointed analyst. ii) The cost of analysis of sample shall be
paid by the occupier or his agent & in case of default of payment the same shall be recoverable from the occupier or his agent as an arrear of land revenue or of
public demand. No such recovery shall be made unless such person is given a reasonable opportunity of being heard f) When the sample of any sewage or trade
effluent is taken for analysis & the person taking sample serves occupier the notice &the occupier or his agent do not make the request to divide the sample in
two parts, then the sample is secured in container sealed & signed by the person collecting sample to the lab for analysis.
Penalties under water act: Statutory provisions under water act are laid from S.41-50 where violation of this act has taken place. S.41(1)-Failure to comply with
the directions: Whosoever fails to comply to the direction in S.20(2) or (3) upon conviction shall be punished with imprisonment upto 3 months or with fine upto
10 months or with both. If the non compliance continues then the person shall be charged with daily fine of Rs 5k for such person when the non compliance
continues after the conviction. S.41(2)-Anyone who is found to be in contravention to the provisions of the S.31(1) or 33(2) or 33a upon conviction shall be
punished with the imprisonment upto 1 year &6 months &with fine. If the failure continues then he shall be charged daily fine of Rs 5K till such time the failure
continues after conviction. S41(3): If the failure continues for 1 yr beyond the date of conviction then such person will be liable for punishment with
imprisonment up to 2 yrs &which may extend up to 7 years &fine. S.42: Penalties for certain acts-(a)Whosever damages, defaces or pull down any pillar or board
or stake fixed in the ground or any notice or any other matter put up inscribed or placed by or under the authority of the board(b) obstructs any person acting
under the powers or the directions of the board from exercising his powers &performing his functions under this act.( c) damages any property of the board (d)
fails to furnish any information required by any officer under this act (e) fails to intimate any accident or any unforeseen incident u/s 31 to the board &other
authorities or agencies required under this act (f) in giving information that he is required to give or wilfully given wrong or false statement in any material
particular(g) for the purpose of obtaining consent u/s 25/26 of this act knowingly or wilfully makes a statement which is false in any material particular shall be
punished with imprisonment for a term which may extend to three months or with fine upto 10k or both S.44: Anyone contravening the provisions of S.25/26
shall be liable for punishment for a term not less than a year & 6 mo & which may extend upto 6 yrs & fine S.45:Enhanced penalty after previous conviction of
contravention to S.25/26-Any person who is found guilty of same offence, for every subsequent conviction shall be punished with imprisonment of one year & 6
mo which may extend upto 6 yrs Pwrs of Cent Pollution control brd Funct of Cent Board (Section 16) 1) Advise the Cen Gov on any matter concerning the
prevention and control of water pollution 2) Coordinate the activities of the State Boards and resolve disputes among them 3) provide technical assistance and
guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of
water pollution 4) Plan and organize the training of persons engaged or to be engaged in for the prevention, control or abatement of water pollution on such
terms and conditions as the Cen Board may specify 5) Organize through mass media a comprehensive program regarding the prevention and control of water
pollution.
Rajasthan Noise Control Act: It was enacted in 1963 to provide for the control of Noises in state of Rajasthan Main provisions of the Act: 1. According to Section
3- The District magistrate or any person empowered in this act may declare any noise at night as nocturnal noise which in his opinion is causing annoyance or
serious inconvenience to public. Such noise could be vocal or of loud speaker or by an amplifier. Such noises be prohibited by DM or any person acting in his
behalf or empowered by the state government in the manner prescribed in this act or as he may deem fit. 2. Restriction against use and play of loud speaker- No
person shall use any loud speaker or any sound amplifier or shall connect any such device to wireless receiving device for broadcasting religious sermons,
speeches, music or radio programs- a) within such a distance as may be prescribed (i) from a hospital or from a telephone exchange (ii) from any educational
institute managed, recognised or run by state government or any university established under the law or by a local authority during working hours.(iii) at such
distance from a hostel which is maintained or recognised by state government or local authority, when such hostel is being used by students (iv) of a court or
government office during its working hours. b) between 11PM and 5 am without written permission of the prescribed authority. The above restrictions are for
the place that is defined a Public place and does not apply to any component or device licenced and approved under the law time being in force. 3) Power to
prevent noises at any place-The DM or any person empowered by state government in his behalf can prohibit any noise which in his opinion is necessary to
prohibit in public interest as any place and at any time 4) Penalties-Any person who contravenes or abets to contravene the provisions of this act then on
conviction of first offence he shall be charged with fine of Rs 250/- and upon second conviction shall be punished with imprisonment of 1 month or fine of Rs
250/- or both. 5) Procedure: Any offence committed under this act shall be a congnizable offence and shall be triable with magistrate of first class. 6)Power to
arrest:-Any police officer not below the rank of sub-inspector shall have power to require any person acting in contravention to the provisions of this act to
abstain from such act and upon the refusal of such person he shall have power to arrest such person as if he has committed a cognizable offence.7) Power to
make rules: (i) The state government shall have power to make rules under this act (ii) Any rules that the state govt make shall have to presented before the
legislative assembly is the assembly is in session and it can be one session or two consecutive sessions. If the state legislature modifies such rules or resolves not
to apply such rules then the rules shall be applied in such amended form (8) The act repealed the previous Ajmer(Sound amplification control) act 1952.
Legislative and Judicial powers for Noise Pollution-Sound dat is unwarranted or which can disrupt or adversely impact the human and animal lives is called
Noise when dere is lot of noise then it is called noise pollution. There are many sources of noise like vehicular traffic, industrial activity, recreation all these put
together contribute to noise pollution. In recent times noise has emerged as one of the major pollutant of environment which created the need for legislative
check like air pollution and water pollution. Developed countries for long have enacted laws to curb the menace of noise pollution like UK enacted NOISE
abatement act 1960 according to which loudspeakers shall not operate between 9 pm evening to 8 am for any purpose & at any time other time for purpose of
advertising, trade, business or entertainment. In US there has been Noise pollution abatement act 1970. In Japan noise control laws 1968 are the specific laws to
control noise pollution. With this we can see that number of developed countries have enacted various laws for the prevention & control of Noise pollution.
Legislative measures in India Early on the noise pollution related acts were created at state level. 1) Bihar control and use of the loudspeakers Act 1955- It
provided for the control of the use of loudspeakers. S.3 of this act laid- No person shall use and play loudspeaker a) within such a distance as may be prescribed
from a hospital or a building which house telephone exchange b) from an educational institute or hostel when in use by students. S.6 of this act provides-The
cognizance of the violations of this act shall be on the complaint made by or at the instance of the person aggrieved by such offence or upon a report made by a
police officer 2) Bihar & Orrisa motor vehicle rules 1930- Rule 21 of this act states a) the driver of the motor vehicle shall not sound horn for any purpose other
than that ensuring safety in traffic and shall not sound it continuously b) No cut out exhaust whistle, siren, klaxon, electric horn or any such appliance shall be
used in any motor vehicle in such areas notified by DM 3) Delhi motor vehicle rules 1940 a) according to rule 5.5 no vehicle shall be fitted with any multi toned
horn giving a succession of diff tones or with any other sound producing devices giving any unduly harsh, shrill and loud sound b) according to rule 5.6 every
vehicle shall be fitted with silencer which by means of an expansion chamber reduces noise to reasonable and practicable manner c) According to rule 5.9 every
vehicle shud be so constructed an maintained so as not to produce any unwanted noise. Identical provisions were made in Punjab motor vehicle rules 1940.
4) In Environment protection act 1986-Like air and water, the noise has also been recognised as a pollutant & appropriate steps have been prescribed to make
rules and regulations to control the increasing menace of noise pollution 5) The Noise pollution regulations and control rules 2000 were framed by GoI-Major
point of these rules was the categorisation of ambient air quality standards in terms of noise. To apply the rules govt divided the areas in 4 diff zones-Industrial,
Commercial, Residential and Silence zone and the noise level for each zone for day and night were prescribed. Silence zone is area in radius of 100 m around
an educational institution, hospital and courts. The noise level prescribed for each zone shud not exceed the prescribed levels. To play loudspeakers in each area
the individual shud seek permission from authority. From 10 PM to 6 am loudspeakers shall not be used except in closed premises like auditorium, conference
rooms or community halls. Whosoever in silence zone commits the offence of violating the provisions of these rules shall be liable for punishment under this act.
Above are the few laws enacted at state and center level for control of Noise pollution.