Part 4.
MCQ on Environmental law
1. Section deals with procedural safeguards?
(A) 09 (B) 07 (C) 08 (D) 06
Answer (B) 08.
Section 8 of The Environment (Protection) Act, 1986 deals with the Persons handling hazardous substances to comply with procedural safeguard. This section states that no person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.
Some additional points are:
This section aims to prevent or minimize the adverse impact of hazardous substances on the environment and human health.
The Central Government may, by notification in the Official Gazette, specify the standards for emission or discharge of environmental pollutants from various sources, and the persons handling hazardous substances shall be bound to comply with such standards.
Any person who fails to comply with the provisions of section 7 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with or both.
2. Section related to Jurisdiction of civil court is
(A) 21 (B) 22 (C) 23 (D) 24
Answer (B) 22.
Section 22 of The Environment (Protection) Act, 1986 deals with the Bar of jurisdiction. This section states that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.
Some additional points are:
This section aims to prevent the interference of civil courts in the matters of environmental protection and to ensure the speedy and effective implementation of the Act.
The bar of jurisdiction under this section is not absolute, but subject to the availability of an alternative remedy before the National Green Tribunal under Section 5A of the Act.
The bar of jurisdiction under this section does not affect the writ jurisdiction of the High Courts and the Supreme Court under Articles 226 and 32 of the Constitution of India respectively.
3. The court can take cognigzance of the affences committed under this Act it complaint is lodged by
(A) State government (B) Municipal corporation (C) Public corporation (D) Central government
Answer : (D)
Cognizance of offences.—No court shall take cognizance of any offence under this Act except on a complaint made by,—
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
5. Power to establish Environmental Laboratory defined under sec-
(A) 11 (B) 12 (C) 13 (D) 14
Answer (B) 12.
Section 12 of The Environment (Protection) Act, 1986 empowers the Central Government to establish or recognise environmental laboratories to carry out the functions assigned under this Act123. These laboratories are responsible for analysing the samples of air, water, soil, or other substances for the purpose of determining the presence and concentration of environmental pollutants. The Central Government may also specify the qualifications, functions, and procedures of the environmental laboratories and the analysts appointed or recognised under this section.
6. The water (prevention & control of pollution) Act 1974 come into force on
(A) 23 March
(B) 23 January
(C) 13 March
(D) 13 November
Answer : (A)
7. Burden to prevent and control water pollution lies upon-
(A) Central Board (B) State Board
(C) A and B both (D) None of above
Answer : (C) A and B both.
The burden to prevent and control water pollution lies upon both the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCB) as per the provisions of The Water (Prevention and Control of Pollution) Act.
8. Central Board shall be a body having nature of
(A) Government (B) Individual
(C) Partnership (D) Corporate
Answer is (D) Corporate.
The Central Board, also known as the Central Pollution Control Board (CPCB), is a body corporate established under section 3 of The Water (Prevention and Control of Pollution) Act, 1974. It has a corporate identity, perpetual succession, and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and enter into contracts in its own name. It is not a government, individual, or partnership entity.
9. How many types of members in central Board?
(A) 2 (B) 3. (C) 4 (D) 5
Answer : (*)
The Central Board shall consist of the following members, namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in respect of [matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;
(b) such number of officials, not exceeding five,] to be nominated by the Central Government to represent that Government;
(c) such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4;
(d) 2[such number of non-officials, not exceeding three,] to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government;
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.]
10. Terms and conditions of the services of Central Board members are described in sec
(A) 5. (B) 6. (C) 7 (D) 8
Answer : (A)
11. A member of state board may hold office for the period of
(A) Till retirement. (B) Five years
(C) Three years. (D) One year
Answer (C)
Save as otherwise provided by or under this Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from the date of his nomination:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
12. Which is disqualification to be a member of Board
(A) Unsound mind (B) Insolvent
(C) Conviction (D) All of above
Answer : (D)
13. Joint Board is constituted under section
(A) 12 (B) 13. (C) 14 (D) 15
Answer : (B)
14. Who can give directions to the state Board?
(A) Central Government (B) State Government
(C) A & B Both (D) Neither A nor B
Answer : (C)
Section 18- Powers to give directions.—1[(1)] In the performance of its functions under this Act—
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it:
15. Section under which Board can borrow
(A) 37 (A).
(B) 37 (B)
(C) 37 (C)
(D) 37 (D)
Answer : (A)
37A. Borrowing powers of Board.— A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this Act.]
16. Section under which company is liable for the offence?
(A) 45 (B) 46 (C) 47 (D) 48
Answer : (c)
Offences by companies.—(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
18. Section under which central water Laboratory established?
(A) 51 (B) 52 (C) 53 (D) 54
Answer (A)
51. Central Water Laboratory.—(1) The Central Government may, by notification in the Official Gazette,— (a) establish a Central Water Laboratory; or
b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act.
19. Section under which analysts are appointed?
(A) 52 (B) 53 (C) 54 (D) 55
Answer (B)
53. Analysts.—(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 51. (2) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 52.
20. Section under which board has to prepare the annual Report?
(A) 33 (B) 35 (C) 37 (D) 39
Answer : (D)
[39. Annual report.—(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months from the last date of the previous financial year.
21.
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