Assignment on Legal Aspects of Business

8/8/2019 Assignment on Legal Aspects of Business

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Assignment on Legal Aspects of Business

Sanjay Dyers Pvt. Ltd.

Submitted to - Submitted by

Dr K.L. Chawla Shweta Kathuria

91108

FMG-18 B


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Acknowledgements

Words often fail to express one's inner feeling of gratitude and indebtedness to ones

benefactor but then it is only readily available medium through which one can express his

sincere thanks to all those who are associated with the work.

I would also like to thank Mr Sanjay Arora, Owner of Sanjay Textiles Pvt. Ltd., without

whose support it would have been impossible to do this project. His deep insights and

knowledge really helped me in understanding the roes and duties of industries in conserving

our environment and lead a sustainable life.

I sincerely thank Dr. K. L .Chawla, Faculty of Economics, FORE School Of Management

who provided us this wonderful opportunity to enhance our learning in Legal Aspects of

Business. I am grateful towards him for his cooperation and his knowledge enhancing inputs.

I also extend my heartfelt gratitude for his enlightening classes that helped me develop a keen

interest in the subject.


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Contents

Acknowledgements ................................ ................................ ................................ ........................... ii

Introduction ................................ ................................ ................................ ................................ ...... 1

Pollution Caused during each step ................................ ................................ ................................ ..... 2

Restrictions According to Law ................................ ................................ ................................ ............ 4

Water Pollution................................ ................................ ................................ .............................. 4

Air Pollution ................................ ................................ ................................ ................................ .. 7

Noise Pollution ................................ ................................ ................................ ............................ 10

Critical Analysis of efficacy of law ................................ ................................ ................................ .... 10

Recommendations ................................ ................................ ................................ .......................... 11

References ................................ ................................ ................................ ................................ ...... 12

Appendix 1: Water Quality Standards ................................ ................................ ............................... A

Appendix 2: Air Quality Standards ................................ ................................ ................................ ..... D

Appendix 3: Noise Standards ................................ ................................ ................................ ............ E


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1. Objective

To critically analyze and evaluate the efficacy of Indian environmental law related to Air,

water and noise pollution.

2. Indicative Methodology

y Studying the environmental law and the laws related to air, water and noise pollutiony Visiting a factory and evaluating its provisions with respect to the environmental laws

and rules applicable

3. Sources to collect data

y Website of Central Pollution Control Boardy Website of Delhi Pollution Control Committeey Website of Ministry of Environment and Forestsy Factory visit

Introduction

Sanjay Dyers Pvt. Ltd. is a dyeing factory that was started by Mr Sanjay Arora, a textile

engineer, as a small factory in 1987 in the area of Chandni Chowk in Delhi. The raw materialfor the dyeing process is cotton yarn. The factory has 17 workers and operates 6 days a week.

There are six sections in this factory that can classify as below:

1) Spinning and warping section is located on second floor of the building. There are two

spinning machines and one warping machine.


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2) Sizing section - There is one sizing machine. Small volume of wastewater from this

section is directly discharged to drainage channel beside the plant.

3) Weaving section - there is seven weaving machines. This section has an automatic

controller controls temperature and humidity. Small amount of water is used.

4) Dyeing section - includes desizing, scouring, bleaching, dyeing and finishing processes.

Dyeing process is reactive dyes that it is used for cotton cloth.

5) Drying section - is located on second floor and is separated into two steps; first the dye

cloth is dried in big one of dryer machine. After that is dried in small dryer, these are two

machines.

6) Sewing, inspecting and packaging section - there are four sewing machines.

The most significant environmental problems from production processes in the factory are

following:

Wastewater: Large amounts of wastewater contain high SS, TDS, BOD, pH and color is

discarded which leads to water pollution.

Noise: Weaving machines make produce a lot of noise leading to noise pollution

Dust: Cotton dust is dispersed in all of plant area leading to air pollution.

Pollution caused during each step

1. Spinning and Warping - Processing of fibres prior to and during spinning andweaving generates dust, lint etc. which degrades working environment in the industry.

Dust may cause respiratory diseases in workers. A chronic lung disease, byssinosis is

commonly observed among workers exposed to cotton, flax and hemp dust. Besides

this, there are a number of process operations including spinning weaving that

produce noise to the tune of 90 dB (A).


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2. Si i Thi st i l s di i of fabri i aqueous starch suspensions tostrengthen the fibres which aid them in withstanding allthe friction and stretching and

straining of weaving. Dust particles released during this process cause air pollution.

3. Weavi This is the process of making of fabric by interweaving two threads. Thisprocesses releases dust particles of fabric and also causes noise pollution.

4. Dyei

y Desi ing: To remove the substance applied to the yarns to imparttensile strengthin the si ing operation. There are two methods; acid desi ing and enzyme

desizing. After the size has been solubilized, the fabric is rinsed clean in hot

water.

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y Scouring: To remove the natural and acquired impurities from fibers and fabric.Scouring agents include detergents, soaps, alkalis, wetting agents, foamers, and

lubricants.

y Bleaching: Bleaching is used to remove the natural yellowish coloring of thecotton fiber and renders it white. The three bleaching agents most commonly used

are sodium hypochlorite, hydrogen peroxide and sodium chlorite. The final rinse

may contain an antichlor, sodium bisulfite or sulfuric acid, to remove residual

chlorine from the fabric.

y Mercerizing: Mercerizing is used to increase the water absorbency of cotton, toimpart brightness, to increase dye affinity, and tensile strength.

y Dyeing: The dyeing process is carried out in an aqueous bath with pH variationsof 6 to 12. Dyes used by the textile industry are classified according to

application, e.g. acid dyes, direct dyes, basic dyes, disperse dyes, mordent dyes,

pre-metallised dyes, reactive dyes, sulphur dyes, vat dyes.

y Finishing: A final size or resin is applied to impart a smooth appearance andstiffness. Special treatments such as heat proofing, etc. are also done something.

The entire dyeing process involves water pollution and noise pollution.

5. Drying Involves drying of fabric using oven treatment

6. Cutting and sewing Involves cutting of fabric in the required shape and sewing it.

7. Inspecting and Packaging Involves checking for imperfections in the fabric andthen packaging for delivery.


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Restrictions according to law

WATER POLLUTION

According to the The Water (Prevention And Control Of Pollution) Act, 1974, section 25,following restrictions have been imposed on new outlets and new discharges.

[(1) Subject to the provisions of this section, no person shall, without the previous consent of

the State Board,--

(a) establish or take any steps to establish any industry, operation or process, or any

treatment and disposal system or an extension or addition thereto, which is likely to

discharge sewage or trade effluent into a stream or well or sewer or on land (such

discharge being hereafter in this section referred to as discharge of sewage); or

(b) bring into use any new or altered outlets for the discharge of sewage; or

(c) begin to make any new discharge of sewage;

Provided that a person in the process of taking any steps to establish any industry,

operation or process immediately before the commencement of the Water (Prevention

and Control of Pollution) Amendment Act, 1988, for which no consent was necessary

prior to such commencement, may continue to do so for a period of there months from

such commencement or, if he has made an application for such consent, within the

said period of three months, till the disposal of such application.

(2) An applications for consent of the State Board under sub-section (1) shall be made in such

form, contain such particulars and shall be accompanied by such fees as may be prescribed.]

(3) The State Board may make such inquiry as it may deem fit in respect of the application

for consent referred to in sub-section (1) and in making any such inquiry shall follow such

procedure as may be prescribed.


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[(4) The State Board may --

(a) grant its consent referred to in sub-section (1), subject to such conditions as it may

impose, being--

(i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25,

conditions as to the point of discharge of sewage or as to the use of that outlet

or any other outlet for discharge of sewage;

(ii) in the case of a new discharge, conditions as to the nature and composition,

temperature, volume or rate of discharge of the effluent from the land or

premises from which the discharge or new discharge is to be made; and

(iii) that the consent will be valid only for such period as may be specified in

the order,

and any such conditions imposed shall be binding on any person establishing

or taking any steps to establish any industry, operation or process, or treatment

and disposal system or extension or addition thereto, or using the new or

altered outlet, or discharging the effluent from the land or premises aforesaid;

or

(b) refuse such consent for reasons to be recorded in writing.

(5) Where, without the consent of the State Board, any industry operation or process, or any

treatment and disposal system or any extension or addition thereto, is established, or anysteps for such establishment have been taken or a new or altered outlet is brought into use for

the discharge of sewage or a new discharge of sewage is made, the State Board may serve on

the person who has established or taken steps to establish any industry, operation or process,

or any treatment and disposal system or any extension or addition thereto, or using the outlet,

or making the discharge, as the case may be, a notice imposing any such conditions as it


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might have imposed on an application for its consent in respect of such establishment, such

outlet or discharge.

(6) Every State Board shall maintain a register containing particulars or conditions imposed

under this section and so much of the register as relates to any outlet, or to any effluent, from

any land or premises shall be open to inspection at all reasonable hours by any person

interested in, or affected by such outlet, land or premises, as the case may be, or by any

person authorised by him in this behalf and the conditions so contained in such register shall

be conclusive proof that the consent was granted subject to such conditions.]

(7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed

to have been given unconditionally on the expiry of a period of four months of the making of

an application in this behalf complete in all respects to the State Board.

(8) For the purposes of this section and sections 27 and 30,-

(a) the expression "new or altered outlet" means any outlet which is wholly or partly

constructed on or after the commencement of this Act or which (whether so

constructed or not) is substantially altered after such commencement;

(b) the expression "new discharge" means a discharge which is not, as respects the

nature and composition, temperature, volume, and rate of discharge of the effluent

substantially a continuation of a discharge made within the preceding twelve months

(whether by the same or different outlet), so however that a discharge which is in

other respects a continuation of previous discharge made as aforesaid shall not bedeemed to be a new discharge by reason of any reduction of the temperature or

volume or rate of discharge of the effluent as compared with the previous discharge.


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AIR POLLUTION

According to the Section 21 of The Air (Prevention And Control Of Pollution) Act, 1981,

following restrictions have been imposed on use of certain industrial plants.

Restrictions on use of certain industrial plants.

1. Subject to the provisions of this section, no person shall, without the previous consentof the State Board, establish or operate any industrial plant in an air pollution control

area :

Provided that a person operating any industrial plant in any air pollution control area,

immediately before the commencement of section 9 of the Air (Prevention and

Control of Pollution) Amendment Act, 1987, for which no consent was necessaryprior to such commencement, may continue to do so for a period of three months from

such commencement or, if he has made an application for such consent within the said

period of three months, till the disposal of such application.]

2. An application for consent of the State Board under sub-section (1) shall beaccompanied by such fees as may bc prescribed 'and shall be made in the prescribed

form and shall contain the particulars of the industrial plant and such other particulars

as may be prescribed :

Provided that where any person, immediately before the declaration of any area as an

air pollution control area, operates in such area any industrial plant, such person shall

make the application under this sub-section within such period (being not less than

three months from the date of such declaration) as may be prescribed and where such

person makes such application, he shall be deemed to be operating such industrial

plant with the consent of the State Board until the consent applied for has been

refused,

3. The State Board may make such inquiry as it may deem fit in respect of theapplication for consent referred to in sub-section (1) and in making any such inquiry,

shall follow such procedure as may be prescribed,


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4. Within a period of four months after the receipt of the application for consent referred

to in sub-section (1), the State Board shall, by order in writing, [and for reasons to be

recorded in the order, grant the consent applied for subject to such conditions and for

such period as may be specified in the order, or refuse consent:]

[Provided that it shall be open to the State Board to cancel such consent before the

expiry of the period for which it is granted or refuse further consent after such expiry

if the conditions subject to which such consent has been granted are not fulfilled:

Provided further that before cancelling a consent or refusing a further consent under

the first provision, a reasonable opportunity of being heared shall be given to the

person concerned.]

5. Every person to whom consent has been granted by the State Board undersub-section

(4), shall comply with the following conditions, namely -

(i) the control equipment of such specifications as the State Board may approve in this

behalf shall be installed and operated in the premises where the industry is carried on

or proposed to be carried on;

(ii) the existing control equipment, if any, shall be altered or replaced in accordance

with the directions of the State Board;

(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all

times in good running condition;

(iv) chimney, wherever necessary, of such specifications as the State Board may

approve in this behalf shall be erected or re-erected in such premises; .and

(v) such other conditions as the State Board, may specify in this behalf,

(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within

such period as the State Board may specify in this behalf-

Provided that in the case of a person operating any industrial plant in an air pollution

control area immediately before the date of declaration of such area as an air pollution

control area, the period so specified shall not be less than six months :


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Provided further that-

(a) after the installation of any control equipment in accordance with the

specifications under clause (i), or

(b) after the alteration or replacement of any control equipment in accordance with the

directions of the State Board under clause (ii), or

(c) after the erection or re-erection of any chimney under clause (iv), no control

equipment or chimney shall be altered or replaced or, as the case may be, erected or

re-created except with the previous approval of the State Board.

6. If due to any technological improvement or otherwise the State Board is of opinion

that all or any of the conditions referred to in sub-section (5) require or requiresvariation (including the change of any control equipment, either in whole or in part),

the State Board shall, after giving the person to whom consent has been granted an

opportunity of being heard, vary all or any of such conditions and thereupon such

person shall be bound to comply with the conditions as so varied.

7. Where a person to whom consent has been granted by the State Board under sub-

section (4) transfers his interest in the industry to any other person, such consent shall

be deemed to have been granted to such other person and he shall be bound to comply

with all the conditions subject to which it was granted as if the consent was granted to

him originally.

NOISE POLLUTION

According to Section 5(A) of The Noise Pollution (Regulation And Control) Rules, 2000,

Sound emitting construction equipments shall not be used or operated during night time in

residential areas and silence zones.


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Critical Analysis of Efficacy of Law

Air Pollution

y Prior consent has been taken from the State Board with all the formalities anddocuments in place.

y Dynamic separators are used as control equipment which is in running conditionand properly filters the particulate matter.

y Chimneys are used to throw the contaminated air out after filtering.

Water Pollution -

y Prior consent has been taken from the State Board for disposing the waste waterwith all the formalities and documents in place.

y Minimum usage of sulphide dyes

Noise Pollu

tion

y No heavy noise creating equipments used during night time.

Recommendations

1. New dyes should be used with better properties and low toxicity. Although these dyesmay be a bit expensive, but considering the potential long term savings made from

efficient dye use and a lower effluent cost. It is worth every penny.

y Development of fibre-reactive dyes for fibres like cellulosics, that has stablefixation rates without regard to variations in dyeing conditions.

y Metal-free reactive dyes that has high fixation rates along with minimum saltconsumption.


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y The gradual withdrawal and newer replacement for azo-dyestuffs that are threat asa potential carcinogenic.

2. The dyeing units are also not left behind when it comes to addressing the problem ofcontrolling pollution. Some of these effective steps are highlighted below.

y Air conditioning system water is recycled.y Disseminating knowledge to workers for proper utilization of water and power

consumption.

y Installation of screens in drain lines that reduces the solid particles in effluents.y Proper implementation of a maintenance plan for steam traps.y Digital monitoring systems for use in boilers.

3. General control measures

y Height of chimneys: Chimneys height should not be less than 30 meters andrelease the pollutants not in the vicinity of living organism.

y Gravitational & inertial separator: Better suited gravitational and inertial conceptsof collecting, filtering etc of the particulate matter. Eg. settling chambers, wet

cyclones & multiple cyclones.

y Filters: Woven or sintered metal beds of fibres, metal turning, fibrous mats &aggregate bed filter, paper filters and fabric filters are used for the filtration of

particulate matter like dust, lint and fumes.


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References

1. The Air (Prevention and Control of Pollution) Act, 1981 -www.cpcb.nic.in/upload/NewItems/(7A)%20Air%20Act1981.doc

2. Water (Prevention And Control of Pollution) Act, 1974 -www.cpcb.nic.in/upload/NewItems/(1)%20Wateract1974%20.doc

3. The Noise Pollution (Regulation and Control) Rules, 2000 -www.cpcb.nic.in/.../(35)%20Noise%20Pollution%20Rules%202000.doc

4. Controlling Pollution in dyeing industry http://www.dyespigments.com/pollution-control-dyeing-units.html


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Appendix 1

Water Quality Standards

S.N

o.

Parameter Standards

Inlandsurface

water

PublicSewer

Land for irrigation Marine coastalareas

1. 2. 3.

(a) (b) (c) (d)

1. Colour and

odour

See Note-1 --- See Note-1 See Note-1

2. Suspended

Solids, mg/l,Max

100 600 200 (a) For process

waste water-100(b) For coolingwater effluent-10

per cent abovetotal suspendedmatter of influent

cooling water.

3. Particle sizeof suspended

solids

Shall pass 850micron IS Sieve

--- --- (a) Floatablesolids, Max 3 mm

(b) Settleablesolids Max 850

microns.

4. Dissolved

solids(inorganic),

mg/a, mac

2100 2100 2100 ---

5. pH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0

6. TemperatureoC, Max

Shall not

exceed 40 inany section of

the streamwithin 15

meters downstream fromthe effluent

outlet

45 at the

point ofdischarge

--- 45 at the point of

discharge

7. Oil and

grease, mg/l,

max

10 20 10 20

8. Total residual

chlorine,mg/l, Max.

1.0 --- --- 1.0

9. Ammonicalnitrogen (asN), mg/l,

Max.

50 50 --- 50

10. Total 100 --- --- 100


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Kjeldahlnitrogen (as

N), mg/l,Max.

11. FreeAmmonia (as

NH3), mg/l,Max.

5.0 --- --- 5.0

12. BiochemicalOxygenDemand (5days at 20oC)

Max.

30 350 100 100

13. ChemicalOxygenDemand,mg/l, Max.

250 --- --- 250

14. Arsenic (as

As), mg/l,

Max.

0.2 0.2 0.2 0.2

15. Mercury (as

Hg), mg/l,Max.

0.01 0.01 --- 0.01

16. Lead (as Pb),mg/l, Max.

0.1 1.0 --- 1.0

17. Cadmium (asCd), mg/l,

Max.

2.0 1.0 --- 2.0

18. Hexavalent

chromium

(as Cr+6)mg/l, Max.

0.1 2.0 --- 1.0

19. Totalchromium as

(Cr), mg/l,

Max.

2.0 2.0 --- 2.0

20. Copper (as

Cu), mg/l,Max.

3.0 3.0 --- 3.0

21. Zinc (as Zn),mg/l, Max.

5.0 15 --- 15

22. Selenium (as

Se), mg/l,Max.

0.05 0.05 --- 0.05

23. Nickel (as

Ni), mg/l,

Max.

3.0 3.0 --- 5.0

24. Boron (as B),

mg/l, Max.

2.0 2.0 2.0 ---

25. PercentSodium,

--- 60 60 ---


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C

Max.

26. Residual

sodiumcarbonate,

mg/l, Max.

--- --- 5.0 ---

27. Cyanide (as

CN), mg/l,Max.

0.2 2.0 0.2 0.2

28. Chloride (asCl), mg/l,

Max.

1000 1000 600 (a)

29. Fluoride (asF), mg/l,

Max.

2.0 15 --- 15

30. Dissolved

Phosphates(as P), mg/l,

Max.

5.0 --- --- ---

31. Sulphate (asSO4), mg/l,

Max.

1000 1000 1000 ---

32. Sulphide (as

S), mg/l,Max.

2.0 --- --- 5.0

33. Pesticides Absent Absent Absent Absent

34. Phenolic

compounds(as C6H5OH),

mg/l, Max.

1.0 5.0 --- 5.0

35. Radioactivematerials

(a) Alphaemitters

MC/ml, Max.(b) Betaemittersuc/ml, Max.

10-7

10-6

10-7

10-6

10-8

10-7

10-7

10-6

(Source - http://www.dpcc.delhigovt.nic.in/waterstd.htm)


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Appendix 2

Air Quality Standards

POLLUTANTS Time

WeightedAverage

Concentration ofAmbient Air

Industrial

Area

Residential

Rural and

other area

Sensitive

area

Method of

Measurement

SulphurDioxide

(SO2)

AnnualAverage

24 hours

80g/m3

120g/m3

60g/m3

80g/m3

15g/m3

30g/m3

Improved west

and GackeMethod

Ultravioletfluorescence

Oxides of

Nitrogen(NO2)

Annual

Average

24 hours

80g/m3

120g/m3

60g/m3

80g/m3

15g/m3

30g/m3

Jacab

Hochheistermodified (Na-Arsentire

method

Gas Phase

ChemilumineScene

SuspendedParticulateMatter(SPM)

Annual

Average

24 hours

360g/m3

500g/m3

140g/m3

200g/m3

70g/m3

100g/m3

High Volume

sampling(average flowrate not lessthan 1.1

m3/minute)

Respirable

ParticulateMatter (size

Less than

10m) RPM

AnnualAverage

24 hours

120g/m3

150g/m3

60g/m3

100g/m3

50g/m3

75g/m3

Respirable

particulate

mattersampler

Lead as Pb

AnnualAverage

24 hours

1.0g/m3

1.5g/m3

0.75g/m3

1.0g/m3

0.50g/m3

0.75g/m3

AAS method

after samplingusing EPM2000 or

equivalentfilter paper

CarbonMonoxide

8 hours

1 hour

5.0mg/m3

10.0mg/m3

2.0mg/m3

4.0mg/m3

1.0mg/m3

2.0mg/m3

Non disbersiveinfrared

spectroscopy

(Source - http://www.dpcc.delhigovt.nic.in/airstd.htm)


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E

Noise Standards

AMBIENT AIRQUALITY STANDARDS IN RESPECT OF NOISE

Area Code Category ofArea Limits in dB (A) Leq

Day Time Night Times

(A) Industrial area 75 70

(B) Commercial area 65 55

(C) Residential area 55 45

(D) Silence Zone 50 40

(Source - http://www.dpcc.delhigovt.nic.in/noisestd.htm)

Documents

Assignment on Legal Aspects of Business