Assignment on Legal Aspects of Business

Sanjay Dyers Pvt. Ltd.

Submitted to -

Submitted by –

Dr K.L. Chawla

Shweta Kathuria

91108

FMG-18 B
Acknowledgements

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

ii
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

iii
1. Objective

To critically analyze and evaluate the efficacy of Indian environmental law related to Air,
water and noise pollution.

2. Indicative Methodology

 Studying the environmental law and the laws related to air, water and noise pollution

 Visiting a factory and evaluating its provisions with respect to the environmental laws
and rules applicable

3. Sources to collect data

 Website of Central Pollution Control Board

 Website of Delhi Pollution Control Committee

 Website of Ministry of Environment and Forests

 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 material
for 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.

iv
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 and
weaving 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).

v
2. Sizing – This step involves dipping of fabric in aqueous starch suspensions to
strengthen the fibres which aid them in withstanding all the friction and stretching and
straining of weaving. Dust particles released during this process cause air pollution.

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

Spinning
Noise, Air and
warping

Air Sizing

Noise,Weaving
Air

Noise, Water
Dyeing

Drying

Cutting and
sewing

Inspecting
and Packaging

4. Dyeing –

 Desizing: To remove the substance applied to the yarns to impart tensile strength
in the sizing operation. There are two methods; acid desizing and enzyme
desizing. After the size has been solubilized, the fabric is rinsed clean in hot
water.

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

 Bleaching: Bleaching is used to remove the natural yellowish coloring of the

cotton 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.

 Mercerizing: Mercerizing is used to increase the water absorbency of cotton, to

impart brightness, to increase dye affinity, and tensile strength.

 Dyeing: The dyeing process is carried out in an aqueous bath with pH variations
of 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.

 Finishing: A final size or resin is applied to impart a smooth appearance and

stiffness. 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 and
then 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 any
steps 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

ix
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 be
deemed 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 consent
of 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 necessary
prior 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 be
accompanied 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 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. 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 under sub-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 :

xii
 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 requires
variation (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.

xiii
Critical Analysis of Efficacy of Law

Air Pollution –

 Prior consent has been taken from the State Board with all the formalities and
documents in place.
 Dynamic separators are used as control equipment which is in running condition
and properly filters the particulate matter.
 Chimneys are used to throw the contaminated air out after filtering.

Water Pollution -

 Prior consent has been taken from the State Board for disposing the waste water
with all the formalities and documents in place.
 Minimum usage of sulphide dyes

Noise Pollution –

 No heavy noise creating equipments used during night time.

Recommendations

1. New dyes should be used with better properties and low toxicity. Although these dyes
may 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.

 Development of fibre-reactive dyes for fibres like cellulosics, that has stable
fixation rates without regard to variations in dyeing conditions.
 Metal-free reactive dyes that has high fixation rates along with minimum salt
consumption.

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  The gradual withdrawal and newer replacement for azo-dyestuffs that are threat as
a potential carcinogenic.

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

 Air conditioning system water is recycled.

 Disseminating knowledge to workers for proper utilization of water and power
consumption.
 Installation of screens in drain lines that reduces the solid particles in effluents.
 Proper implementation of a maintenance plan for steam traps.
 Digital monitoring systems for use in boilers.

3. General control measures

 Height of chimneys: Chimneys height should not be less than 30 meters and
release the pollutants not in the vicinity of living organism.
 Gravitational & inertial separator: Better suited gravitational and inertial concepts
of collecting, filtering etc of the particulate matter. Eg. settling chambers, wet
cyclones & multiple cyclones.
 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.

xv
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

1.

xvi
 2.

Appendix 1
Water Quality Standards

S.N Parameter Standards

o. Inland Public Land for irrigation Marine coastal
surface Sewer areas
water
1. 2. 3.

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

1. Colour and See Note-1 --- See Note-1 See Note-1
odour
2. Suspended 100 600 200 (a)  For process
Solids, mg/l, waste water-100
Max (b)  For cooling
water effluent-10
per cent above
total suspended
matter of influent
cooling water.
3. Particle size Shall pass 850 --- --- (a)  Floatable
of suspended micron IS Sieve solids, Max 3 mm
solids (b)  Settleable
solids Max 850
microns.
4. Dissolved 2100 2100 2100 ---
solids
(inorganic),
mg/a, mac
5. pH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0
6. Temperature Shall not 45 at the --- 45 at the point of
o
C, Max exceed 40 in point of discharge
any section of discharge
the stream
within 15
meters down
stream from the
effluent outlet
7. Oil and 10 20 10 20
grease, mg/l,
max
8. Total residual 1.0 --- --- 1.0
chlorine,
mg/l, Max.
9. Ammonical 50 50 --- 50
nitrogen (as
N), mg/l,
Max.

xvii
10. Total Kjeldahl 100 --- --- 100
nitrogen (as
N), mg/l,
Max.
11. Free 5.0 --- --- 5.0
Ammonia (as
NH3), mg/l,
Max.
12. Biochemical 30 350 100 100
Oxygen
Demand (5
days at 20oC)
Max.
13. Chemical 250 --- --- 250
Oxygen
Demand,
mg/l, Max.
14. Arsenic (as 0.2 0.2 0.2 0.2
As), mg/l,
Max.
15. Mercury (as 0.01 0.01 --- 0.01
Hg), mg/l,
Max.
16. Lead (as Pb), 0.1 1.0 --- 1.0
mg/l, Max.
17. Cadmium (as 2.0 1.0 --- 2.0
Cd), mg/l,
Max.
18. Hexavalent 0.1 2.0 --- 1.0
chromium
(as Cr+6)
mg/l, Max.
19. Total 2.0 2.0 --- 2.0
chromium as
(Cr), mg/l,
Max.
20. Copper (as 3.0 3.0 --- 3.0
Cu), mg/l,
Max.
21. Zinc (as Zn), 5.0 15 --- 15
mg/l, Max.
22. Selenium (as 0.05 0.05 --- 0.05
Se), mg/l,
Max.
23. Nickel (as 3.0 3.0 --- 5.0
Ni), mg/l,
Max.
24. Boron (as B), 2.0 2.0 2.0 ---
mg/l, Max.
25. Percent --- 60 60 ---
Sodium, Max.
26. Residual --- --- 5.0 ---
sodium

xviii
 carbonate,
mg/l, Max.
27. Cyanide (as 0.2 2.0 0.2 0.2
CN), mg/l,
Max.
28. Chloride (as 1000 1000 600 (a)
Cl), mg/l,
Max.
29. Fluoride (as 2.0 15 --- 15
F), mg/l,
Max.
30. Dissolved 5.0 --- --- ---
Phosphates
(as P), mg/l,
Max.
31. Sulphate (as 1000 1000 1000 ---
SO4), mg/l,
Max.
32. Sulphide (as 2.0 --- --- 5.0
S), mg/l,
Max.
33. Pesticides Absent Absent Absent Absent
34. Phenolic 1.0 5.0 --- 5.0
compounds
(as C6H5OH),
mg/l, Max.
35. Radioactive
materials 10-7 10-7 10-8 10-7
(a) Alpha
emitters 10-6 10-6 10-7 10-6
MC/ml, Max.
(b) Beta
emitters
uc/ml, Max.

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

Appendix 2
Air Quality Standards

xix
 POLLUTANTS Time Concentration of Ambient Air
Weighted Industrial Residential Sensitive Method of
Average Area Rural and area Measurement
other area
Improved west
Annual 3 3 3 and Gacke
Sulphur 80μg/m 60μg/m 15μg/m
Average Method
Dioxide
(SO2) 120μg/m3 80μg/m3 30μg/m3
24 hours Ultraviolet
fluorescence
Jacab
Hochheister
modified (Na-
Annual
Oxides of 80μg/m3 60μg/m3 15μg/m3 Arsentire
Average
Nitrogen method
(NO2) 120μg/m3 80μg/m3 30μg/m3
24 hours
Gas Phase
Chemilumine
Scene
High Volume
Annual 3 3 3 sampling
Suspended 360μg/m 140μg/m 70μg/m
Average (average flow
Particulate
rate not less
Matter (SPM) 500μg/m3 200μg/m3 100μg/m3
24 hours than 1.1
m3/minute)
Respirable
Annual
Particulate 120μg/m3 60μg/m3 50μg/m3 Respirable
Average
Matter (size particulate
Less than 150μg/m3 100μg/m3 75μg/m3 matter sampler
24 hours
10μm) RPM
AAS method
Annual 3 3 after sampling
3
1.0μg/m 0.75μg/m μ 0.50μg/m
Average using EPM
Lead as Pb
2000 or
1.5μg/m3 1.0μg/m3 0.75μg/m3
24 hours equivalent
filter paper
8 hours 5.0mg/m3 2.0mg/m3 1.0mg/m3 Non disbersive
Carbon
infrared
Monoxide
1 hour 10.0mg/m3 4.0mg/m3 2.0mg/m3 spectroscopy

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

Noise Standards

xx
AMBIENT AIR QUALITY STANDARDS IN RESPECT OF NOISE

Area Code Category of Area 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)

xxi