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Dear All,

 

Greetings of the Day!!!

 



CEPT University is identified as Anchor Institute in Infrastructure Sector by Industries Commissionerate, Government of Gujarat.

Under Anchor Institute, Faculty of Technology, CEPT University is going to conduct  to  4 days workshop on, “Advanced Water & Wastewater Treatment Technologies”, from 19th January 2011 to 22nd January, 2011 at CEPT Campus.              

 

CEPT University is invited you to participate in the workshop. Only limited seats are available, make your registration as early as possible. 

 

For brochure -  Brochure%20of%20the%20workshop.pdf

 

Schedule of the workshop - Workshop%20Schedule.pdf

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EIA, QCI and the EC Notification

Every professional in the field around is running to get thr coveted accreditation. I would like to have the following things highlighted.

  1. The original Notification of 14-09-2006 never called for mandatory accreditation.
  2. The compulsion of QCI accreditation has been implemeted by an office memo(OM). There have been so many amendments to the original notification.
  3. Legality of the OM becoming a mendate has to be checked. We must recollect the fact that in case of CEPI the development could have been stalled through an OM(Jan 2010). Later things got diluted to a significant extent very soon. This proved that OM had got something basically wrong.
  4. The QCI accreditation team for accreditation is not having resources to evaluate. For example, one of the activities infrastructure projects like road development or canal network where the assessment of a professinal "team" of QCI assesses the aspirant consultant without a single professional who is experienced himself of having executed an infrastructure project.
  5. This is proved by the fact that approaching the deadline they are not through to evaluation of their first chunk of accreditation, i.e. organizations which went in process before 30-06-2010 are still awaiting evaluation.
  6. The scheme in itself has been framed to monopolize the profession and comes in clear violation of constitutional rights of our country.
  7. QCI has to remain focussed to their business not interfere to the Ministry's powers to mutate / break / separately interprete any content in the Notification verbatim. This is done by QCI with activities being broken up further from the Notification.
  8. If all Ministries start working on OMs where is the necessity of Lok Sabha or Notification. This sort of operation should have been challnged in Court of Law.
  9. The project proponent (PP) is not exempted from any process and there the EAC puts forward the governance of the Notification. So the route of convenience (for the officials only) is used.
  10. State EACs have only been given an indication to follow the NABET / QCI accredited consultants. This was probably with a consideration that majority of development projects like housing projects, area development projects, local road widening projects etc. where local considerations are likely to out score the major environmental issues would be better dealt by local people with simple considerations. This type of procedural requirements will only add complications and thereby corruption only.
  11. Rethink really for improving the quality of the EIA and worthiness thereof has any connection with QCI. I remember in my early days as professional in 1989 also EIAs were there and even without accreditation they were in a much better quality and the motive was served. Since 1994 reports have been prepared through official procedures and nothing objectionable has ever gone without being accounted for.

The enforcement through QCI appears to be in bigger interest of QCI rather than the EC process.

Quality EIAs and better EMPs can also be availed from people who are not necessarily extra-ordinary professionals. Ministry has to rethink over the simplification of the process in better interest of the progress of the Nation.

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EIA has been legislated in India since 1994 as a requirement for Environmental Clearance (EC). We all know that in most cases, conduct of EIA is perceived more as a "permitting tool" than a process that stimulates alternatives, anticipates impacts/risks and prepares a prevention and control strategy/plan and importantly "value adds" to the original project/program proposal.

 

EIA reports are often prepared on the fly.

 

The EIA process is expected to be "concurrent" to project development and not a "terminal" activity when all configurations of the project are frozen. EIA process is also expected be transparent in communicating project and impact/risk related information to stakeholders and seek their involvement. Ground realities are however often different. How could we overcome this limitation?

 

One of major weaknesses of our EIA system is our project-limited approach. We haven't yet legislated regional, sectoral/strategic EIAs. We therefore miss consideration of cumulative and regional impacts and hence fail to safeguard environment on a regional basis. Our development plans for instance fail to mainstream environmental and social considerations 

 

A lot can be done to improve the present system. I would like to open a discussion on this topic.

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Phytoremediation

Phytoremediation is the use of plants and plant processes to remove, degrade or render harmless hazardous materials present in the soil or water. Phytoremediation is a low cost, solar energy driven clean up technique.

The population increasing continuously and so we need more land, water, space and food across the world. Due to rapid industrialization and random urbanization environmental pollution has become a great problem.
There is an increasing trend in areas of land, surface waters and ground waters
affected by contaminants from industrial, military and agricultural activities.
The build up of toxic pollutants affects the natural resources as well as
ecosystem. The pollutants which affect our soil and water are basically organic
and inorganic pollutants.

Toxic heavy metal pollution is much more serious problem due to the non-degradable nature of metals. At high concentration all the metals are toxic to both animals and plant. Many diseases
like Itai-Itai and Minimata are very much famous caused by heavy metals.

There are various ways to mitigate the environmental pollution. Phytoremediation is the use of plants and plant processes to remove, degrade or render harmless hazardous materials present in
the soil or water. Phytoremediation a low cost, solar energy driven clean up
technique. Phytoremediation used for the removal of pollutants from both soil
and water. Some of the ornamental trees which have aesthetic effect and
tolerant to pollution have been screened and recommended for planting along the
roads like Ficus
(Ficus religiosa), Bergad (Ficus benghalensis), Neem (Azarachtica indica), Arjun (Terminalia arjuna), normal"">Techtona grandis etc.
These trees also used as green
belts for minimizing air pollution by filtering, absorbing and adsorbing pollutants
in an effecting manner. Phytoremediation can be used to cleanup metals,
pesticides solvents, explosive, crude oil, polyaromatic hydrocarbon and land
fill leachates. Because of other commercial methods like microbial
decomposition the metals can not be degraded so phytoremediation is very
efficient method to remove / mitigate metal pollution.

After Phytoremediation:

The plants used for the phytoremediation do not remain to take as food or fodder for human as well as for animals. These plants burn in the safe site or dump out the areas where the buildings are going to be construct or it is also possible to extract the heavy metals by metallurgical processes.

A new research is also going on to generate bioenergy from the biomass produced by the phytoremediator plants after phytoremediation process. There are many high biomass producing plants like Ricinus communis (Castor) and Jatropha curcus has very good potential to accumulate the heavy metals which are non degradable and very hazardous (Studies are going on in our Lab also) and these plants are also using to produce the biofuel from the seeds. These plants having high biomass, may be used for biogas (Bioenergy from biomass).


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Ideas

Why we are planning throughout the year to conserve, to save and also to restore theenvironment? All these planning are not bad but, if we start the work for thesolutions of the problems at least the works which are not required much money,pain and time also. This will be done in parallel with our personal works.Every one want to do make the environment clean but only few persons are reallydoing the things which make the same. So it is kind request to all the membersto do at least some work per day with “E-workand Paper work” which help to make our environment healthy in our dailyrunning life.

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Winter is here..

Not a lot of people like this season. I myself claim to have a complicated love-hate relationship with Winter, loving the delightful snow-scapes, and grunting at the surprisingly deep reach of those icy winds. Too bad, it takes a lot of determination to wake up early enough to appreciate the depth and clarity of mornings' freshest thoughts written in the sobering gray sky.. There is no real beauty in this world, but merely infinite perceptions of it. The bare trees, skimpily dressed in snow, in penance for some unknown sins, standing Stoic in the unforgiving winds form part of one such definition. Every landscape clad in the robes of this new starkness, rural, sub-urban, or downtown, represents the pinnacle of this beautifully solemn season.


Solemnity itself, however finds its disciples, if you will, in every aspect of winter's loathed entity. There should be strong reasons why the wintry chill of Himalayan peaks is a lure to sages who seek places devoid of the restless, endless, passions of a life lived amongst crowds. In the solitude of a snow clad mountain peak, one may listen to the voices of silence. Standing on a forest floor on a December night, looking through the frail branches at a spread of stars, one may connect again with Nature, meekly braving Her worst emotion - a cold, distant, colorless anonymity.


Anonymous exclamations would be worth discarding without analysis, but Henry David Thoreau, a reasonably smart fellow, examines in 'Walden' that all mundane endeavors - work, food, shelter, and clothing etc, are centered around maintaining the bodily heat. How hard is it, really, to keep oneself warm? Winter is after all, just another season.. Now, no reason for panic just because the miniscule planet of ours, the Earth moved barely a few intergalactic inches away from the Sun in their ceaseless cosmic dance? How hard it is, indeed, to keep warm.. If it were easy, Hell really should be frozen and thick with ice, and not a burning inferno as often assumed...

Scientists know that outer space is bone chilling cold, and heat exists only in stars, and the planets that are briefly blanketed in the warmth of their suns. We have fortunately noted that all energy in the universe is constant, so logically, there is always a means to get warm. Unfortunately, we have not yet discovered whom all the heat belongs to, since everyone (even the dead stones on the ground) is gaining and losing heat all the time... At this junction, a different strain of earthlings observe that the Ultimate Source of all energy, all 'heat', is God - the Supreme Ultimate Truth. Well, don't turn the pages skeptically already, all it takes to have faith is a single snowflake - such a simple, delicate, joyous, beautifully unique artistry humbly bespeaks a Supreme Architect, a Supreme Energy Conservationist, a Supreme Scientist...

We are too quick to condemn such theses as mere sentimentalism, or ill-advised inquiry. How is it that in the eons of discovery, we have not yet sought the key question? "Where does my living heat come from, ultimately?" As is it often said, faith and love are not 'arguments' that could be logically dismembered or constructed... However, religion is more than just 'blind faith'. What the world has tossed aside in the name of secularism is not just blind practice of meaningless superstitions, but a wealth of answers, remaining out of reach to the inquisitive seekers. After all, Ultimate knowledge is not just the mechanics of heat, of how we are keeping alive, but the essence of why we are living at all... A very important question. Just something to think about before you step outside into the chill..

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GREEN SUPPLY CHAIN IN INDIA

Growing concern for environment, mounting regulatory pressure and environmentally conscious consumer have forced the businesses to consider the environmental impact of their products and processes.Large number of firms have initiated the process of greening their business by taking environmental criteria in their supply chain.There are several anecdotal evidences as well as research findings , showing the positive effect of these initiatives on firm's performance.
Though there is a rise in environmental awareness of Indian industry but it is not reflected in their practices.There are large number of regulations available for monitoring the industry' environmental activities, but not sufficient to motivate them to adopt environment friendly practices proactively.

Approach of Indian firms to environmental issues is reactive. The common belief is that these practices are cost driven and have no positive effect on firm performance.during my interaction with some senior mangers of large Indian firms, shows ignorance about the term green supply chain, green purchasing,design for environment etc.Based on the green efforts of Indian firms, three categories can be identified.
1. Have knowledge about environmental issues but are not considering it in their activities.these firms look environment as burden and are not willing to invest in it.Also these firms are not feeling pressure from their suppliers or customer.these firms are mostly 2nd tier or higher in supply chain.
2. Have knowledge about environmental issues and considering it in their internal activities under regulatory pressure only.These firms are using environmental protection technology rather than pollution prevention technology.Some are also considering changes in their design to accommodate regulatory requirement.Recycling and waste reduction are also prevailing in these industry.These firms have implemented environmental management system like ISO14000.
3. Have environment policy, Considering environmental issues in their supply chain through collaboration and monitoring of their suppliers as well working downstream with their customer to reduce environmental impact.Some large Indian firms and multinationals falls in this category.These firms has realized the benefits of these initiatives in the form of reduce cost, brand reputation, improve product quality, decrease in regulatory penalty and industrial accidents.
It is clear from the above discussion that there is growing need to create awareness about these practices and their economic and environmental benefits among Indian industries.Government and NGOs are doing lot to create this awareness but industry can play an important role by sharing their environmental achievements with others




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Green consumerism : A myth or reality ??

The world over, the human beings are paying the cost of economic development in terms of the health of self and environment. Global warming, the result of greenhouse gas emissions, is the price the world pays for its ruthless growth. Similarly ozone hole depletion, climate change, water scarcity, loss of biodiversity are some of the few environmental problems the world is facing these days.

When one thinks about it, in today’s modernized society, life without the purchase of products and services appears impossible (unless we plan to go back to a prehistoric age). A demand for products creates their supply. Keeping this in mind, one can go to the extent of saying that all environmental concerns we face are due to consumerism. While it is impossible to survive without consuming, it then logically seems that it would be for our greater good that our consumerism be ‘green’ than otherwise.

The gap between green concern and green consumerism has been widened by the different orientations given to green consumerism by various segments of the society. These differences in perceptions and ideologies have intensified the debate on whether green consumerism is a strategy to save the earth or is it just a fancy of the developed nations.The green products still face the controversy regarding their purpose and credibility

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green consumerism:A myth or reality ????

The world over, the human beings are paying the cost of economic development in terms of the health of self and environment. Global warming, the result of greenhouse gas emissions, is the price the world pays for its ruthless growth. Similarly ozone hole depletion, climate change, water scarcity, loss of biodiversity are some of the few environmental problems the world is facing these days.

When one thinks about it, in today’s modernized society, life without the purchase of products and services appears impossible (unless we plan to go back to a prehistoric age). A demand for products creates their supply. Keeping this in mind, one can go to the extent of saying that all environmental concerns we face are due to consumerism. While it is impossible to survive without consuming, it then logically seems that it would be for our greater good that our consumerism be ‘green’ than otherwise.

The gap between green concern and green consumerism has been widened by the different orientations given to green consumerism by various segments of the society. The differences in perceptions and ideologies have intensified the debate on whether green consumerism is a strategy to save the earth or is it just a fancy of the developed nations .mny issues realted to the credibility and purpose of green products is misleading.

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Blending boundaries

Can a synthesis of scientific temper and spiritual wisdom generate global ethics and solve the socio-environmental (and consequently, the economic) problems of our generations?

While the degree-holders of modern day academia might hurry to obviate the necessity for a discussion that brings both science and spirituality to the table, the world will lose much if we ignore the possibility for a cohesive intellectual endeavor that amalgamates the subtle and the gross sciences. After all, it is ignorant to presume that the ages past have not seen a smarter mind, a sharper wit than our own, who was willing to explore the boundaries between these dimensions. Newton, Da Vinci, Aristotle, Galileo, and Tesla never received a doctoral degree before they created their polymath-ic legacies. Modern education makes it impossible for such genius to shine through the ignorance of compartmentalized 'knowledge’, beyond which only a few outlaws dare pursue their chaste passions.


A sagacious synthesis of these science and spirituality is necessary if we are to preserve the best of the past, and combine it with the ever-refreshing flavors of the future in the tiny cauldron pot called - the present. Does such a synthesis call for suit-and-tied bankers to follow in the footsteps of saffron-robed monks? Possibly. The Bhagavad Gita, for instance, is already applied as a textbook in premier Indian Institutes of Management. Does it incite the equalization of tightly corseted, supposedly conservative, tea-drinkers with rebellious, and rarely raucous, Rastafarians? Not necessarily, their individual existence and personal contributions are important for their co-existence in the world, and the evolution of a better tomorrow – too idealistic?


The gist of my conjecture is that there is a dire necessity to observe perspicuously, and draw conclusions about the types of knowledge that are beneficial and meaningful, and have to be imparted/ imbibed in order to overcome not only ignorance, but also illusion. Several anecdotes illustrate the striking contrast between holistic and mechanistic approaches to knowledge. For instance, while Ayurveda (the ancient system of medicine from India) used turmeric since time immemorial, Western medicine has only recently discovered its miraculous applications. The practitioners of Ayurveda, with help from the Indian government then proved that the idea of extracting of "Curcumin" from turmeric and patenting turmeric is stupid. Why? Would you want to sip a teaspoon each of Theobromine and Caffeine, or eat two ounces of dark chocolate laced with orange zest? It does not take a genius to figure that one!


Spiritual wisdom is needed to decide what essential purpose the products of all mechanical calculations should fulfill, and why. Turmeric could be used to cure cancer, and treat infections, or as these scientists tried, to prevent the continuation of a cultural tradition and livelihood that transcends the pseudo-sophisticated mindsets of material science. Obtaining the extracts of ‘know-how’ from education, while discarding the core and shell structure of ethics and behavior is an incomplete intellectual endeavor, even more imbecile than it is to extract Curcumin from turmeric. This juncture is key to why modern education fails to solve the problems that matter as much as (and often more than just) life and death.


It is in the making of daily decisions - mundane arrangements for meeting the needs of the body and mind - eating lunch, reading a book, or voting for your next president, that the boundaries of science and spirituality merge.
By sidestepping religion as a yellowed book from the past, we have made the decision making process merely animalistic, only a matter of finding food, shelter, clothing and safety. Leaders, intellectuals, and administrators of our times will regret if they fail to realize that without shouldering this responsibility, they are driving society towards an impossible future, all the time haunted by the ghosts of an immutable past. We might just dare venture to explore the images that would be conjured at this horizon, and look upon the sun rising to another possible future..

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It is well known that the wetlands have rich biodiversity than any other habitat of the world. Based on the approval of National Wetlands Committe held on 16.03.2009, total 115 Wetlands have been identified to conserve Wetlands under National Wetland Conservation program judiciously. Where as almost every village consists of at least one small or big Wetlands, which gives shelter to amphibians as well as aquatic lives. These Wetlands are under threat due to echroachment or siltation. Hence, before going to loss their (village level Wetlands) identity, we should have a very micro level policy to conserve those Wetlands, which is not yet identified judiciously.

Your feed back may give an idea to restore such unkown Wetlands (Native of Creatures).

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Education day

Dear all

Educational institutions at all levels across the country will celebrate November 11 as the 'National Education Day', commemorating the birthday of Maulana Abdul Kalam Azad, an eminent educationist and the first Union Minister of Education of independent India. As India's Education Minister, Azad oversaw the establishment of a national education system with free primary education and modern institutions of higher education.

now a days he have added our Environment subject from Primary school to PG level. so why can't we say Nov 11th is National Education & Environment(NEE) day.

if it is celebrated like NEE day it is good & Envi concern now ! what you say

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How much we love our environment??

This is a part of discussion:

I ask each of this group members, what is your exact contribution to protect, nurse, take care of ENVIRONMENT & how to improve the climatic condition for us & coming generation??? This is a serious question that every member has to take upon him/her self and open out & respond. There, it seems, No point blindly become a member & not doing as a serious member for the whole of the lives on the EARTH.

This is an awakening question which will stir you from within to make u activate.

Anant Dalal.
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Globally, in the name of progress and development, indigenous people who inhabit world's richest regions in natural resources, face the gloomy prospect of dispossession and displacement due to mining, oil and gas development, large dams, plantations, industrial farming, industries, thermal plants….

Out of planet's 200 eco-regions or biodiversity hotspots, 80% are inhabited by indigenous people. There is a strong and definite correlation between regions of high biodiversity and regions inhabited by indigenous people. Indigenous people's attitude towards nature and their vast amount of ecological knowledge resulting from a long history of managing the environment has played a crucial role in the conservation of biological diversity on earth.

In India too, the tribal belt that stretches from Gujarat in the west, up to West Bengal in the east, and encompassing the states of Madhya Pradesh, Chhattisgarh and Jharkhand overlaps with the map of natural resource-rich India. For example, the state of Jharkand meaning “forest tract” and populated by 30 % Adivasis is the leadingproducer of mineral wealth in the country: iron ore, coal, copper ore, mica, bauxite, graphite, limestone, and uranium. Jharkand accounts for 40% of the mineral resources of India. The total value of mineral production is amounted to over Rs. 3000crores.


And what it costs in human suffering to rape Mother Earth and extract those Rs. 3000 crores has been best documented in the following films that expose most truthfully the injustice that has been done to indigenous people in the name of development.

Read more... and see Buddha weeps in Jadugoda

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dewali without noise& air pollution possible?

as we now, we indians are font of celebration of diwali, we wll go for bursting crakers & lot of things to express our joy. but being the Envi. concerned people we also not go for that and make aware of the adverse things to our neibours. can we pledge?is it possible?

I hope posiible , if we come forward ,we are indians we will become role model to the world.

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Energy Press, the publication division of SEEM invites expression of interest from prospective authors/ resource persons with international stature and 15+ years of practical experience in the Indian/International energy and environment sector, to contribute articles for the following areas:

1. Energy Management
2. Energy Financing
3. Energy Audits
4. Renewable Energy
5. Indian Energy Policies
6. International Energy Policies
7. Indian/ International Best Practices in Energy Efficiency
8. Research & Innovation
9. Latest Technologies/ Developments in Energy Management
10.Climate Change Topics
11.Sustainable Living - Case Studies / Trends

Theme areas:

1. Energy efficiency in small and medium industries
2. Energy efficiency in the tourism sector
3. Energy efficiency in the municipal sector
4. Energy efficiency in agricultural sector

Article contributions are purely on voluntary basis, but remuneration is offered to expert authors who are invited to speak/ present at SEEM events.

Please send in your expression of interest resumes and article samples to energymanagerhq@gmail.com on or before 25 November 2010. Intimation to empanelled authors will be sent after 30 November 2010.
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The Energy Glut: The planet is getting hotter and its population is getting fatter and fossil
fuel energy use is the principal cause of both. This is the claim
that Phil Edwards and I make in our new book ‘The Energy Glut’
that will be launched in London next week (6pm Wednesday 3rd
November,LSHTM, Keppel Street, London). We will call on
climate change negotiators at next month’s climate talks in
Cancun Mexico to look around them and see what fossil fuel energy
use is doing to Mexicans’ waistlines and to their health.


Car use
has decimated physical activity in
Mexico.
Road death is the second leading cause of healthy life years
lost; the capital is one of the most polluted cities in the world
where a fifth of commuters spend over two hours each day in
gridlock, and then with physical activity at an all time low, the
food and beverage industry have pounced on Mexicans like a pack
of dogs – perhaps not surprising in a country that elected a Coca
Cola boss to lead them as President
.


The new book
adds evidence to the claim that
reducing fossil fuel energy use is good for the planet and good
for health. T
he decarbonisation of
towns and cities could end the global obesity epidemic and
greatly improve health and well-being – people could enjoy moving
rather than being moved and oil wars could become a thing of the
past.


All proceeds from the book go to an organization of victims of road traffic crashes.


Please consider reading it!


Ian Roberts

Professor of Public Health

University of London


http://www.roadpeace.org/involved/support_us/the_energy_glut/

Links:
http://www.zedbooks.co.uk/book.asp?bookdetail=4361


http://www.amazon.co.uk/Energy-Glut-Politics-Fatness-Overheating/dp/1848135181

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QCI's NABET and Legal Issues....

A government of India’s initiative-QCI’s NABET scheme of accreditation of EIA consultancy organization for improvement of quality in EIA studies to protect & conserve the environment is appreciable step taken by Govt. of India through the Ministry of Environment & Forest. People who are interested in environmental profession for quality and ethically working for conserving & protecting environment by their business welcome and accept the scheme of NABET accreditation, but at the same time people engaged in revenue business through the environmental consultancy are now at to act to force against the action. There are many aspects of such imbalance in the implementation of the scheme. In August & December 2009 as well March, June & September 2010 vide various circular (not Notification under EPA 1986) Ministry of Environment & Forest has declared the scheme as mandatory requirement for EIA consultancy. As the process of accreditation is a time taking process, they allowed only selected consultants to present and practice the EIA consultancy work. For this point a action of a group of people to challenge the scheme can be started considering lot of weaker points of the scheme and circulars issued in support of the scheme. As of now, some people are stepping ahead with the flag of leadership and under the leadership of the people many other consultants are joining the skirmish of survival of their EIA business.

I being a person having interest in achieving the leadership position in scientific research by being a professional scientist through the consultancy work for innovative & profitable scientific research & solution for Environmental Management as well as Cleaner Production, have initiated the career with job in as renowned Educational institute then stepped forward with job in some private environmental organization practicing in field as environmental consultant & auditors. From beginning of the career I noticed a severe ignorance of environmental ethic in business by the owner or head or authority in charge of the firms. From the point of my first step in career I realized and faced a powerful suppression of my view and operation. Ignoring all the negative approach I keep stepping forward with a new mission of studying the business aspects of environmental consultant and finally I have been able to create a position in market with the view of quality work for environmental protection and profitable business. During the phase of establishment I have came across many private & government consultancy firms and noticed that hardly two – three firms are ethically working in business and other are just doing a REVENUE BUSINESS by environmental practices with minimum 70-80% profit which is officially accounted as 20-30%. The gap in the practiced & accounted profit is the expenses likely to be done for the environmental services which are not done actually and the reports are prepared based on the previous experiences or references. This is the key element of oppose of majority of environmental consultant for any government action taken for betterment-improvement-protection-conservation of environment. On the same platform of environmental practices, industries are demanding the quality work but a firm with their significant presence of few years in market, turnover of few crores and owning extraordinarily designed offices with attractive interiors and resources are not allowing the quality to come up or suppressing the firms delivering quality.

This is not a story for illustration of the nature or business of the environmental consultants but it is the discussion of NABET scheme and allied Legal issues - Implications. As mentioned in inception, the MoEF has issued a circular for proponents/Industries as well as EIA Consultant informing the mandatory requirement of NABET accreditation. As the circular showed compulsory accreditation, it has attracted many legal issues and such issues shall be treated seriously and immediately by MoEF to keep the scheme in place for longer time with continuous improvement in the scheme to bring up the quality of EIA studies, environment of our nation as well as industrial development in India. At this point, it is to be noted that the NABET scheme implementation need to be erected with some important changes to make it fit in legal terms. At present it seems to be a step of MoEF for benefit of particular parties. It is also being clear from various acts & rules that the scheme can not be implemented with compulsory requirement like similar schemes of quality & standards- ISOs. As the NABET is very similar to ISO it is voluntary by nature and it is just a action accepted by particular parties and government can not force any parties for acquiring the certification. As per EPA the only legally supported scheme is accreditation of Environmental Laboratory under Section-12, Subsection-1, clause -(a) & (b) and Section-13, of EPA-1986. MoEF has not cleared this issues in the circulars and other guideline for NABET. The question arises here for consultants and MoEF. Instead of NABET the some scheme with similar provisions shall be anounced under Subsection-1, Clause (a) & (b) and subsection-2 of Section-12 together with Section-13 & 14 of EPA-1986. Such action will have greater value & complete legal form of scheme. However, the issue of NABET is of importance to discuss under the article, i am not inscribing on the provisions of EPA for recognition of Environmental Firm for EIA & other environmental activities. The major issues of discussion under this peice of discussion note are the questions arising at present for NABET as following:

  • Is the QCI’s scheme for accreditation of EIA consultancy Organizations a right & legal action?
  • Can MoEF force or demand for compulsory certification of the NABET under the scheme for EIA consultancy organization?
  • How MoEF make this action or requirement – NABET certification for EIA consultancy a mandatory requirement?
  • Can the consultants go for legal actions against the scheme?
  • Can MoEF justify the scheme as mandatory requirement under legal provisions?

We as a team of techno-scientific and legal professional have initiated a deep and thorough study for the legal options from view of consultant & MoEF, further action required or possible to make the scheme a mandatory requirement and future, effectiveness & outcome of the scheme and finally effectiveness for upbringing of QUALITY OF EIA which the main aim of scheme. We studied many legal aspects for the scheme referring The Constitution of India, The Environment Protection Act, The Consumer Protection Act, The Code of Criminal Procedure, Indian Penal Code, The Companies act, The Limitation Act. As it is listed we studied many legal aspects which lead us in depth with non-environmental legal provision enacted in India. The legal actions against the scheme also attracts the applicability of Constitution of India, CPC, IPC,CP, LA beside of EPA & related rules & notification. At the stage of present, the scheme is a voluntary by legal nature and no one can force one to accept the scheme and no one can reject the work of a person who has not acquired or accepted the scheme. If any of the two possibilities come in to a real practice at any stage of one’s business, one can frame suite against the scheme and / or the party or parties who has compel or forced to accept the scheme or who has rejected to accept a work done by one not having the accreditation under the scheme. The present probability of the legal movement of the consultants is to file a suit against MoEF and its officials and EAC. This in proceeding may lead to cancelation of the scheme, removal of the personnel of MoEF & EAC (if demanded by the consultant in their suit) and grant of freedom to work as EIA consultant without NABET certification. However, some actions, if taken timely before such suit, can make the side of MOEF positive. Such action involves sequential steps of incorporation of provisions in EPA & related notification, circular & guidelines as possibly below:

a. Provision to have an association or in-house environmental laboratory accredited under EPA 1986 for EIA consultancy work instead of NABL (BEST ACTION)

OR

Provision of QCI Requirement through NOTIFICATION under EPA,1986 (Best Option Which is difficult considering the other laws & Legal provision prevailing in Indian Legal Framework)

b. Provision for approved TOR with requirement of necessary standards, certification and accreditation for EIA Monitoring work not EIA consultant. (BEST AND MOST EFFECTIVE ACTION)

c. Provision of Environmental Laboratories is made in EPA, 1986 which shall be used for implementation of the scheme by notification, circular under EPA 1986. (Good Option but may have other quality issues)

d. Provision of NABET in guidelines issued as a mandatory requirement for Environmental Laboratory under EPA, 1986. (Good Option but may have other quality issues)

e. Provision of sector wise scope of EIA studies and allied activities in the scope of environmental laboratory under EPA 1986. (Good Option but may have other quality issues)

f. Provision of mandatory requirement of accreditation of environmental laboratory under EPA, 1986 for environmental monitoring for EIA study as well as provision of team of sector experts (industry specific) for same in the criteria for requirement of accreditation of environmental laboratory under EPA 1986. (Good Option but may have other quality issues)

At present, there numbers of issues if the scheme is legally challenged by consultants and if such action is taken in near future, the MoEF will have to withdrawn the scheme and the action taken towards the environmental protection & conservation will be failed. The consultants can file suit under the various provision of Constitution of India, EPA, Consumer Protection act, CPC, IPC etc. and put the MoEF and / or its official signed the circulars or ordered the requirement of scheme as well as the member of EAC who has favored the scheme and participated in ordering the requirement vide the said circulars of mandatory requirement of the scheme. A group of consultant has already come forward and has initiated such actions. The group is engaged in organizing a chain of meeting to lead other consultants and with the days in action the group is being supported and joined by many of the EIA consultants in the Indian Market. This in turn will result in early actions for legal suit against the scheme, MoEF, officials of MoEF, EAC and members of EAC as the strength and swiftness of the group is significantly increasing. Hence, it is now essential to act by MoEF with probable action for making the scheme legally fit with additional requirement. There shall be a details discussion for making the scheme in the legal framework without altering lot of clauses. Further, it is concluded by us after the study that the suggested action all together would not lead to any serious legal issue as it satisfy the basic provisions of Constitution of India, EPA, Consumer Protection act, CPC, IPC and allied laws, acts &b rules. There will a negligible scope of legal issues if the above suggested action is enacted by MoEF at earliest.

The another side of the scheme which is the basic Objective of the scheme is QUALITY of EIA study. As far as the scheme and the system of appraisal is concern, it is not going to bring any innovative action for quality. Like ISOs it will be just paper works and the authority need to make lot of arrangements for actual outcome as improved QUALITY by the scheme. On some blog people have written that the individual accreditation shall be implemented. Such requirement is also discussed and suggested in the seminar / workshop arrange by MoEF & QCI for awareness and training for NABET accreditation for EIA Consultancy organisation. But till date authority has not initiated such scheme. Moreover, the other schemes/circulars anounced/issued by MoEF/CPCB for EIA & EC for siting industries in some area is also of importance for reconsideration. In many case of some regions MoEF has anounced no more developement which will lead to some scattered developement as industries focuses on the other aspects of Business economics. Beside, the technic or system of assessing the EIA is, to a much extent except few projects, almost faulty as the EIA reports & information therein are being assessed without some basic quality criteria as well as fundamental principles of science & engineering. About 80% of the report fails to meet or prove the basic quality criteria, scientific & technical pronciple. Even the baseline primary data are mostly fabricated (almost in 90% cases). Thus there are lot of other things which shall be focused by authority to bring up the quality. Without such effort for assessment of EIA report NABET scheme will be a BIG FAILURE as it has been realised since its first declaration.

With hope of further discussion as well as timely and efficient action from MoEF for making the scheme fit we would like to request the Honr. Environment Minister of India, Officials of MoEF and EAC to empower the society with efficient and effective actions towards the environmental protection & conservation so that we can bring up a new dimension of healthy environmental condition to gift our offspring for a happy, joyful and healthy lives. We also hope an early action for improvement of EIA report & Data assessment system NABET as even under NABET the concern personnel of QCI are not focusing on the scientific & Technical aspects of EIA report & data. We all need to hope for the best actions and initiatives by MoEF in the Field of EIA & Environmental Protection, Conservation & Reclamation of conditions in some polluted area.

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