REGULATORY BODIES COMPLIANCES

Land / Labour / Capital / Organization Related
  • RERA – REAL ESTATE REGULATORY AUTHORITY
    • The Real Estate Regulation and Development (RERA) Act, 2016 is considered as one of the landmark legislations passed by the Government of India. Its objective is to reform the real estate sector in India, encouraging greater transparency, citizen centricity, accountability and financial discipline. This is in line with the vast and growing economy of India as in future many people will be investing in real estate sector.
  • The Objects and Reasons of the Real Estate (Regulation and Development) Act, 2016
    • The RERA is intended to achieve the following objectives:
      • Ensure accountability towards allottees and protect their interest;
      • Infuse transparency, ensure fair-play and reduce frauds and delays;
      • Introduce professionalism and pan India standardization;
      • Establish symmetry of information between the promoter and allottees;
      • Impose certain responsibilities on both promoter and allottees;
      • Establish regulatory oversight mechanism to enforce contracts;
      • Establish fast-track dispute resolution mechanism;
      • Promote good governance in the sector which in turn would create investor confidence;
  • Salient feature of the RERA Act, 2016:
    • Establishment of Real Estate Regulatory Authority
      • Establishment of one or more Real Estate Regulatory Authority in each State/UT, or one Authority for two or more States/UTs, by the appropriate Government for oversight of real estate transactions;
      • o To appoint one or more adjudicating officers to settle disputes and impose interest and computation;
    • Registration of Real Estate Projects and Registration of Real Estate Agents
      • Mandatory registration of real estate projects and real estate agents who intend to sell any plot, apartment or building, with the Real Estate Regulatory Authority;
    • Mandatory Public Disclosure of all project details:
      • Mandatory public disclosure norms for all registered projects like details of the promoters, layout plan, plan of development works, land status, status of the statutory approvals, disclosure of proforma agreements, disclosure of names and addresses of real estate agents, contractors, architect, structural engineer etc.;
    • Functions and Duties of Promoter:
      • Disclosure of all relevant information relating to the project;
      • Adherence to approved plans and project specifications as approved by competent authorities;
      • Obligations regarding veracity of the advertisement or prospectus;
      • Rectification of structural defects within two years of possession;
      • Refund of money in cases of default;
    • Compulsory deposit of 70 percent
      • To compulsorily deposit 70 percent (or such lesser percent as notified by the Appropriate Government) of the amounts realized for the real estate project from the allottees in a separate account in a scheduled bank within a period of 15 days to cover the cost of construction to be used for that purpose;
    • Functions of Real Estate Agents:,
      • Real estate agents to sell properties registered with the Authority;
      • Maintain books of accounts, records and documents;
      • Not to involve in any unfair trade practices;
    • Rights and Duties of Allottees:
      • Right to obtain stage-wise time schedule of project;
      • Claim possession as per promoter declaration;
      • Obtain refund with interest for default by the promoter;
      • Allottees to make payments and fulfil responsibilities as per the agreement;
    • Functions of Real Estate Regulatory Authority
      • The Authority to enforce the provisions of the Act;
      • To act as the nodal agency to co-ordinate efforts regarding development of the real estate sector and to render necessary advice to the appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate sector;
    • Fast Track Dispute Settlement Mechanism:
      • Fast track dispute resolution through adjudicating officers (Joint Secretary to State Government);
    • Establishment of Real Estate Appellate Tribunal:
      • Real Estate Appellate Tribunal to hear appeals from the orders of the Authority and the adjudicating officer. The Appellate Tribunal is to be headed by a sitting or retired Judge of the High Court with one judicial and one administrative/technical member;
    • Punitive Provisions:
      • Punitive provisions including de-registration of the project and penalties in case of contravention of the provisions of the Act or the orders of the Authority or the Tribunal;
  • Key Components of the RERA Act, 2016:
    • RERA for Promoters
      • Promoters will have to furnish the following information and documents for registration of a real estate project with the regulatory authority:
      • Self-attested copy of the PAN card of the promoter;
      • Annual report including audited profit and loss account, balance sheet, cash flow statement, director’s report and the auditor’s report of the promoter for the immediately preceding three financial years; and where annual report is not available, the audited profit and loss account, balance sheet, cash flow statement and the auditor report of the promoter for the immediately preceding three financial years;
      • Number of parking slots available in the said real estate project;
      • Authenticated copy of the of the legal title deed reflecting the title of the promoter to the land on which development of project is proposed along with legally valid documents for chain of the title;
      • The details of encumbrances on the land for which permission given under section 109 of the Karnataka Land Reforms Act, 1961 if applicable, the Certified copy of the conversion order under section 95 of the Karnataka Land Revenue Act, 1964 and permission of change in land use granted under section 14 of the Karnataka Town and Country Planning Act, 1961, if applicable on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;
      • Where the promoter is not the owner of the land on which development is proposed, details of the consent of the owner of the land along with self-attested collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land proposed to be developed;
      • Name, photograph, contact details and address of the promoter if it is an individual and the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorized person in case of other entities.
      • In accordance to the Rules, the Promoters of ongoing projects which have not received completion certificate shall, within the times specified, make an application to the Regulatory Authority in the form and manner as specified in rules.
      • In respect of layouts where the streets and civic amenities sites and other services have been handed over to the Local Authority and Planning Authority
      • In respect of apartments where common areas and facilities have been handed over to the registered Association consisting of majority of allottees; the provision facilitating is as per provision of the Karnataka Ownership Act, 1972.
      • Where all development works have been completed as per the Act and certified by the competent agency and sales/lease deeds of 60% of the apartments/houses/plots have been registered and executed.
      • Where all development works have been completed as per the Act and certified by the competent agency and application has been filed with the competent authority for issue of completion certificate /occupation certificate
      • Where Partial occupancy certificate is obtained to the extent of the portion for which the partial Occupancy Certificate is obtained.
      • Explanation for each of the above exemptions are provided in the RERA press note.
    • RERA for Real Estate Agents
      • Under this Act, the Real Estate Agent shall furnish the following information and documents for registration along with the required forms with the regulatory authority:
      • Brief details of his enterprise including its name, registered address, type of enterprise, proprietorship, societies, co-operative society, partnership, companies etc.;
      • Particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;
      • Name, address, contact details and photograph of the real estate agent if it is an individual and the photograph of the partners, directors etc. in case of other entities
      • Self-attested copy of the PAN card;
      • Self-attested copy of the address proof of the place of business.
    • RERA for Buyers
      • The enforcement of these rules will ensure that the State’s citizens can now get information and choose suitable apartments/houses/plots without having to worry about the project execution and with a recourse to complaints and suitable action against defaulting developers/agen
      • Buyers will have a real time view/update on the project status, litigations against any promoters etc.
      • This Act now gives consumers within the state a platform to voice their grievances and lodge complaints against a promoter/agent.
      • The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of Karnataka RERA wherein all details of the registered project have been entered and include the registration number obtained from the Authority
    • Filing of Complaint
      • Any aggrieved person may file a complaint with the Regulatory Authority for any violation under the Act or the rules and regulations. Aggrieved Consumer would file the complaint to the Adjudicating Officer. He would have to provide a fee of INR 1,000 in form of DD. The consumers can file their complaint with Regulatory Authority or Adjudicating Officer.
    • Karnataka Real Estate Regulatory AuthorityAs per Section 20 (1) of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), Interim Real Estate Regulatory Authority was established on 14-July-2017 and was functioning till 06-March-2019.Vide Government notification No. DOH24RERA2017 dated 05-March-2019, the regular Karnataka Real Estate Regulatory Authority is established and functioning from 07-March-2019.
      • Registration of New Residential Layout / Builders Project under RERA Authority
      • Registering Complaints By or against the Builders for default
      • Filing / Defending cases in RERA Tribunal By or against the Builders.
    • Karnataka Real Estate Appellate TribunalAs per Section 43(2) of the Real Estate (Regulation and Development) Act, an Interim Real Estate Appellate Tribunal was established by designating Karnataka Appellate Tribunal, M.S.Building from 06/12/2017.Vide Government notification No. DOH24RERA2017 dated 05-March-2019, the regular Karnataka Real Estate Appellate Tribunal is established.
  • LOCAL BODY PERMISSION / LICENSE REGISTRATION
    • Processing Trade License, Panchayat LicenseIEC and other for a new start-up company
  • TRADE LICENSE:
    • Registration of Organization:
      • Each owner, within 30 days from starting the business shall submit application form in form ‘A’ to register his establishment.
      • Registration certificate must be displayed on visible place inside the office premises.
      • Registration certificate is valid for ‘5’ years period. Before the expiry of the period, renewal application to be submitted for the next period.
      • It shall be the duty of an employer to notify to the registration authority, in the prescribed form, any change with respect to any information contained in his statement during registration/renewal within 15 days after the change. Ex. Change in address, change in ownership, change in number of employee etc.
      • After closing the business of his establishment, should surrender the registration certificate to the registration authority.
    • Exemptions from Registration:
      • Following organizations are exempted from registration.
      • Offices of, or under the central or state Government, or local authorities, except commercial undertaking.
      • Any railway service, water transport service, postal, telegraph or telephone service, any system of public conservation or sanitation or any industry, or services like water, power, light to the public.
      • Railway dining cars.
      • Establishments for the treatment or care of the handicap or mentally unfit.
      • Establishments of the food corporation of India.
      • Offices of legal practitioners and medical practitioners in which not more than 3 persons are employed.
      • Offices of bank.
    • Weekly Holiday:
      • Every establishment shall remain closed for one day of the week. The employer shall fix such day in the beginning of the year and notify it to the registration authority and specify it in a notice prominently displayed in a conspicuous place inside the establishment. Instruction: Any employer is taking exemption from weekly holiday , shall fix different days as holiday for his establishment and shall obtain the weekly holiday break by submitting the report to the deputy labour commissioner.
    • Establishments exempted from weekly holiday:
      • Following establishments are exempted from weekly holiday.
      • Medicine and Medical equipment sale.
      • Club, Lodging and Hotel, Hostel, Hostel attached to school or college, Residential schools.
      • Shops, Stalls and refreshment rooms at bustand and railway station.
      • Hair cutting saloon.
      • Shops dealing mainly in Meat, Fish, Egg, Milk and Dairy product(except ghee) Bread, Chocolate, Fresh ingredients, Confectionery, Ice cream and cooked food for sale, Fruits, Vegetables, Flowers ,raw fodder sales.
      • Paan Beedi, Cigarette, Soft drink sales shop.
      • Daily news paper, Weekly magazine sails shop and related office.
      • Cinema, Theater, and other public Recreation centers.
      • Petrol, Diesel for sale.
      • Tan bodies.
      • Exhibition Shops and Museum.
      • Oil, Flour mill, Brick and Lime manufacturing industries.
      • Copper, Brass, Container, Manufacturing firms.
      • Information / Biotechnology information / Biological engineering related service.
      • Organizations conducting research on infectious diseases.
    • Working hours:
      • Any establishment shall not run its business before and after following hours.
      • In Bangalore city; Morning before 6 am and Night after 9 pm.
      • Other places ; Morning before 8 am and Night after 8 pm.
    • Prohibitions and Exemptions of work:
      • No child, under 14 years shall be required or allowed to work in any establishment. 2. No women shall be required or allowed to work whether as an employee or otherwise in any establishment after 8 pm.
      • INSTRUCTION; IT/BT organizations can get permission to allow women to work after 8 pm by submitting Form ‘R’ with necessary information.
    • Employment and Regulation:
      • Every employer, employing any person in or in connection with his establishment shall issue an appointment order in form ‘P’.
      • Every day, employee attendance shall be registered in form ‘T.
      • The organizations having weekly holiday exemption, after taking continuous service of 6 days from any employee, shall give 7th day as mandatory holiday for him. In special cases 7th day can not be given as holiday, 11th day should be given as mandatory holiday.
      • After each month salary shall be paid before 7th date of next month.
      • Working period of any employee should not exceed 48 hours and 58 hours including extra working hours.
      • End of the year, counting the working day of the employees for present year; 1 day per 20 days as earned leave and 1 day per 30 days as sick leave shall be calculated. This leave account shall be recorded in the format ‘F’ .
      • Any employee who has completed 180 days service to the establishment can not be dismissed without prior notice.
    • Records management:
      • Use format ‘A’ ; for Establishment registration/Renewal/To report change of information.
      • Use format ‘P’ ; to fix the different day as the weekly holiday.
      • Use format ‘F’; to maintain leave records and Use format ‘H’ ;to give the copy to the employee.
      • Use format ‘T’; to maintain daily attendance of employee.
      • Use format ‘R’; to get permission to allow women to work after 8 pm.
    • Submission of annual report:
      • Annual report ending with 31st December shall be submitted before 31st January of next year in the format ‘U’.
    • Employees’ Rights:
      • Every employee have rights to take weekly one day as compulsory holiday.
      • Where an employee works in any establishment for extra hours in any day or any week, he shall in respect of such overtime work to be entitled to wages at twice the rate of normal wages.
      • Every employee shall be entitled to preserve earned leave for 40 days.
      • Every employee shall be entitled to encashunavailed earned leaves.
      • An employee, removed or dismissed shall have a right of appeal to jurisdiction officer on the ground that there was no reasonable cause for the removal or dismissal.
      • Where an employee has been removed or dismissed without reasonable cause or without proof of misconduct is proved, the employee shall be entitled to get compensation as one month’s pay for every year of service.
  • KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS
    • Registrations & Guidelines services which are mandatory for Private Medical Establishments to ensure their quality.
      • KPME (KARNATAKA PRIVATE MEDICAL ESTABLISHMENT). All Private medical establishments in Karnataka need to register and get the Licence Certificate.
      • The Karnataka Private Medical Establishments Act was passed in 2007 to “to bring a comprehensive legislation in place of the Karnataka Private Nursing Home (Regulation) Act, 1976” that will be the legal control over private medical establishments (PMEs) in the State. Among other things, the Bill made the registration of PMEs mandatory and laid down guidelines to ensure their quality.
      • The Karnataka Private Medical Establishments (Amendment) Bill 2017, proposed by the current Health Minister K.R. Ramesh Kumar, is an amendment to the existing KPME Bill that intends to bring the PMEs under the purview of the government.
      • The main amendments to the Act include increasing the fines and maximum imprisonment periods in the Act. For instance, the fine for running a non-registered private medical establishment has been increased from Rs. 10,000 to Rs. 5,00,000. Similarly, the fine and term of imprisonment for non-adherence to the rules regarding maintenance of clinical records, and payments has been increased from 6 months and Rs. 2,000 to three years and Rs.1,00,000.
      • The amendment also makes it mandatory to provide life saving or stabilising emergency measures without insisting on advance payment. Additionally, it adds that every PME should display prominently the Patient’s Charter and Private Medical Establishment’s Charter and that in the event of death, the body of the deceased should be released immediately without insisting on payment of dues.
    • Who has to register for KPME?
      • Clinic/Polyclinic Only Consultation
      • Clinic/Polyclinic with Diagnostic Support
      • Clinic/Polyclinic with Dispensary
      • Clinic/Polyclinic with Observation Health Check-up Centre
      • Integrated Counseling Centre Hospital (Level 1A)
      • Hospital (Level 1B)
      • Hospital (Level 2)
      • Hospital (Level 3) (Non-Teaching with Super Specialty Services) Specialty / Super-Specialty Specific Hospital
      • Hospital (Level 4)(Teaching)
      • Dental Lab or Clinic Allied Health Professional Centre
      • AYUSH Therapy Centre
      • Medical Diagnostic Laboratory
      • Diagnostic Imaging Centre Blood Bank
  • FOOD LICENSING AND REGISTRATION / FSSAI:
    • Facilitating Licensing & Registration By Food Safety & Standards Authority Of India (FSSAI) To Carry On Any Food Business Viz., Food Manufacturing, Processing, Packaging, Distributing By A Person Or An Entity
    • FSSAI License Is Mandatory Before Starting Any Food Business. All Manufacturers, Traders, And Restaurants, Involved In The Food Business, Must Obtain A 14-Digit FSSAI Registration Or License Number Printed On The Food Packages Sold Or Distributed By Them.
    • In the preamble to the Food Safety and Standards Act, 2006, the Food Safety and Standards Authority of India (FSSAI) is expected to ensure availability of safe and wholesome food for the people in India. Therefore, FSSAI has embarked on a large-scale effort to transform the country’s food system in order to ensure safe, healthy and sustainable food for all Indians through the ‘Eat Right India’ movement.The tagline ‘SahiBhojan,Behtar Jeevan’, thus, forms the foundation of this movement.
    • FSSAI Food License Ensures That Food Products Undergo Certain Quality Checks, Thereby Reducing the Instances Of Adulteration, Sub-Standard Products And Enhancing Accountability Of Manufacturers.
      • FSSAI – State License
      • FSSAI – Central License
    • List of food business falling under the purview of Central Licensing Authority
      • Dairy units including milk chilling units equipped to handle or process more than 50,000 litres of liquid milk/day or2500 MT of milk solid per annum.
      • Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineriesincluding oil expeller unit having installed capacity more than 2 MT per day.
      • All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals including sheepand goats or 1000 or more poultry birds per day.
      • Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum.
      • Dairy units including milk chilling units equipped to handle or process more than 50,000 litres of liquid milk/day or2500 MT of milk solid per annum.
      • All food processing units other than mentioned under (I) to (IV) including relabellers and repackers having installedcapacity more than 2 MT/day except grains, cereals and pulses milling units.
      • 100 % Export Oriented Units
      • All Importers importing food items including food ingredients and additives for commercial use.
      • All food business operators manufacturing any article of food containing ingredients or substances or usingtechnologies or processes or combination thereof whose safety has not been established through these regulationsor which do not have a history of safe use or food containing ingredients which are being introduced for the firsttime into the country.
      • Food Business Operator operating in two or more states.
      • Food catering services in establishments and units under Central government Agencies like Railways, Air andairport, Seaport, Defence etc.
    • Product Approval
      • Prior approval for manufacture, storage, sale, distribution, import, etc.―(1) No person shall manufacture or import any non-specified food or food ingredient, as the case may be, except with the prior approval of the Food Authority.
    • Procedure for grant of prior approval.―
      1. The manufacturer or importer of non-specified food shall submit an application in FORM – I of these regulations along with necessary documents and fee to the Food Authority.
      2. The Food Authority shall scrutinize the application and information provided by the applicant.
      3. The Food Authority may direct the applicant to submit additional supporting documents, data or clarifications, if required.
      4. The Food Authority may either grant approval or reject the application, as per FORM-II, on the basis of the safety assessment of the article of food.
      5. Where approval is granted, the food business operator shall submit to the Food Authority, a certificate of analysis in respect of the chemical, physical, microbiological and nutritional parameters of the food manufactured or imported.
      6. The food business operator may file an appeal before the Chairperson, Food Authority against any decision of rejection of his application.
      7. A food business operator, who is aggrieved by the decision of the Chairperson, Food Authority may file review petition to be placed for consideration in the meeting of the Food Authority.
      8. The Food Authority may, for reasons to be recorded in writing, suspend or revoke any approval granted to any food business operator.
      9. The Food Authority may review from time to time, the amount of fee for filing an application.
      10. If a food business operator has reason to believe that the food for which the approval has been granted poses any risk to health, he shall immediately suspend the manufacture, import, sale, or distribution of such article of food and take steps to recall the same under intimation to Food Authority in accordance with the provisions of the Food Safety and Standards (Food Recall) Regulations, 2017.
      11. Food Safety Officers and Designated Officers shall immediately inform the Food Authority of any complaint received regarding safety of any product approved by the Food Authority under these regulations.
      12. The food business operator shall, after grant of approval apply for license as per the procedure specified in the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
    • Documents to be enclosed for new application for license to State/Central Licensing Authority
      • Form-B duly completed and signed (in duplicate) by the proprietor/ partner or the authorised signatory
      • Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation.
      • List of Directors with full address and contact details
      • Name and List of Equipments and Machinery along with the number, installed capacity and horse power used.
      • Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory.
      • List of food category desired to be manufactured. ( In case of manufacturers).
      • Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch.
      • Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability indicating the name of authorized representative of Lab who collected the sample and date of collecting sample
      • Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.)
      • Partnership Deed/Affidavit/Memorandum & Articles of Association towards the constitution of the firm.
      • Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives.
      • NOC from manufacturer in case of Re-labellers
      • Food Safety Management System plan or certificate if any,
      • Source of milk or procurement plan for milk including location of milk collection centresetc in case of Milk and Milk Products processing units.
      • Source of raw material for meat and meat processing plants.
      • Pesticide residues report of water to be used as ingredient in case of units manufacturing Packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory indicating the name of authorised representative of Lab who collected the sample and date of collecting sample, including source of raw water and treatment plan.
      • Recall plan wherever applicable, with details on whom the product is distributed.
      • NOCs from Municipality or local body and from State Pollution Control Board except in case of notified industrial area.
  • LEGAL METROLOGY / WEIGHTS & MEASURES LICENSE :
    • Department of Legal Metrology (Formerly known as Department of Weights and measures) now in order to align with the recommendations of International Organization of Legal Metrology for which India is also a member country, the Department is renamed as “Department of Legal Metrology
    • Facilitating License And Compliance For Traders And Other Commercial Enterprises With Regard To Weights And Measures Norms Enforced By Department Of Legal Metrology
    • The Act Specifies Weighing And Measuring Standards, Instruments, Units & Mandatory Requirements With An Objective To Ensure Accuracy And Security Of Weights And Measurements.
    • Who Shall Apply For Legal Metrology Registration
      • Manufacturer
      • Importer
      • Packer
    • For Products Which Pertains To Weight & Measurement Like Weighing Machine Fall Under Category Of Weight & Measurement, Need To Take 5 Stage Registration From Legal Metrology Department
      • Model Approval
      • Packaged Commodity Registration
      • Import License
      • Dealership License
      • Stamping of products
    • WhyDoes Your Business Need Legal Metrology?
      • The Legal Metrology Act defines certain standards and regulations on selling and distribution of packaged goods. This act also covers import and export goods. To conduct your business operations in an efficient & smooth manner and to establish consumer or buyer right protection, you need to comply with the Act.
    • Aims of the Department
      • Maintenance of accuracy in all weights Measures
      • Used in Trade,Commerce Industry
      • Protection of Consumer Interest
      • To ensure correct quantities for the prices paid
      • To ensure correct weighment of farm produced in sale transaction
    • In order to achieve the above goal, the Department is enforcing and implementing the followingCentral and State Legislations.
      • The Legal Metrology Act -2009.
      • The Legal Metrology (General) Rules – 2011.
      • The Legal Metrology (National Standard) Rules – 2011.
      • The Legal Metrology (Numeration) Rules – 2011.
      • The Legal Metrology (Approval of Models) Rules – 2011
      • The Legal Metrology (Packaged Commodities) Rules – 2011.
      • The Indian Institute of Legal Metrology Rules – 2011.
      • The Karnataka Legal Metrology (Enforcement) Rules – 2011.
  • KARNATAKA STATE POLLUTION CONTROL BOARD :
    • The Karnataka State Pollution Control Board for Prevention and Control of Water Pollution was constituted by the Government of Karnataka on The Twenty First of September Nineteen Seventy Four (21.9.1974) in pursuance of the Water (Prevention & Control of Pollution) Act, 1974 . The Water Act will provide for the prevention and control of water pollution and maintaining or restoring of wholesomeness of water. After the enactment of the Air (Prevention & Control of Pollution) Act, 1981 the enforcing responsibility was entrusted to the above Board. As such, the Board was later renamed as the Karnataka State Pollution Control Board in 1985 . The Air (Prevention & Control of Pollution) Act, 1981 is an enactment to provide for prevention , control and abatement of air pollution.
    • Apart from the above said Acts, the Board is also enforcing the following Rule and Notifications framed under Environment (Protection) Act, 1986 :
      • Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
      • Environmental Impact Assessment Notification, 2006.
      • Bio-Medical Waste Management Rules, 2016.
      • Plastic Waste Management Rules, 2016.
      • The Noise Pollution (Regulation & Control) Rules, 2000.
      • Construction & Demolition Waste Management Rules, 2016
      • Solid Waste Management Rules, 2016.
      • E-waste (Management) Rules 2016
      • Batteries (Management and Handling) Amendment Rules, 2010
      • The Public Liability Insurance Act, 1991.
      • Fly Ash Notification , 1999 and 2008.
    • Obtaining Consent for Enterprise and Consent for Operations under different categories ‘ Green ‘ , ‘Orange’, ‘Red’ and ‘White’- Preparation and filing of periodical returns
      • Document Collection
      • Document Processing
      • Application submission
      • KSPCB follow-ups
      • Delivery of Consent / NOC
      • Offline Application submission
      • Monitoring Reports (Air / Water / Noise )
      • Government Fee submission
      • Delivery of CFE / CFO
    • The Important functions of the Board under Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981, (Section 17) are:
      • To plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof;
      • To advise the State Government on any matter concerning the prevention, control or abatement of water pollution and air pollution.
      • To collect and disseminate information relating to water pollution, air pollution and the prevention, control or abatement thereof;
      • To encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution;
      • To inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants setup for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act;
      • Laydown, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State;
      • To evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution;
      • To evolve methods of utilization of sewage and suitable trade effluents in agriculture; (i) To evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution;
      • To laydown standards of effluents of sewage and trade effluents to be discharged into any particular stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents;
      • To make, vary or revoke any order
        • for the prevention, control or abatement of discharges of waste into streams or wells;
        • requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent control or abate water pollution;
      • To laydown effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to laydown, modify or annul effluent standards for the sewage and trade effluents;
      • To advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well.
      • To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof;
      • To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution;
      • To inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas;
      • To laydown, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft; Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quality and composition of emission of air pollutants into the atmosphere from such industrial plants;
      • To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution;
      • (s) To perform such other functions as may be prescribed or may, from time to time, be entrusted to it by the Central Board or the State Government.

© 2020 All rights reserved.