Esia Environment and Social Impact Assessment Unit 1
Esia Environment and Social Impact Assessment Unit 1
Esia Environment and Social Impact Assessment Unit 1
UNIT 1
INTRODUCTION
Impacts of Development on Environment …………………………….1-3
Rio Principles of Sustainable Development …………………………...3-8
Environmental Impact Assessment (EIA) – Objectives ……………….9-10
Historical development ………………………………………………...10-12
EIA Types ……………………………………………………………...12-14
EIA in project cycle ……………………………………………………15-17
EIA Notification and Legal Framework………………………………..17-35
Stakeholders and their Role in EIA……………………………………..35-38
Selection & Registration Criteria for EIA Consultants………………….38-39
The impacts of development on the environment refer to the various effects that human activities
associated with economic, industrial, and social progress have on the natural world. These impacts can
manifest in numerous ways, affecting ecosystems, biodiversity, climate, and the overall health of the
planet.
As human development, the modification or destruction of natural habitats due to urbanization, agriculture,
and infrastructure development.This leads to the loss and fragmentation of ecosystems, disrupting the
balance of flora and fauna and reducing biodiversity..
Example: Clearing forests for agriculture or urban expansion, disrupting ecosystems and displacing
wildlife.
2. Deforestation:
Development activities, such as logging and land clearance for agriculture or urbanization, contribute to
the widespread loss of forests.Deforestation has severe consequences, including the loss of carbon sinks,
disruption of water cycles, and threats to numerous plant and animal species.
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Example: Large-scale clearing of tropical rainforests for timber extraction and conversion to agricultural
land.
Industrial processes, transportation, and waste disposal can release pollutants into the air and water,
negatively impacting environmental quality. Air pollution harms human health and ecosystems, while
water pollution can contaminate water sources, affecting aquatic life and posing risks to human
populations.
Example: Emission of pollutants from factories and vehicles leading to air quality degradation; discharge
of untreated industrial effluents into water bodies.
4. Climate Change:
The burning of fossil fuels, deforestation, and industrial activities release greenhouse gases, leading to
global warming and climate change.Climate change results in more frequent and intense extreme weather
events, rising sea levels, and disruptions to ecosystems and agriculture.
Example: The burning of fossil fuels contributing to the rise in atmospheric carbon dioxide levels and
global warming.
5. Resource Depletion:
The rapid pace of development often leads to the unsustainable extraction of natural resources, including
minerals, water, and fossil fuels leading to their exhaustion. Overexploitation can deplete finite resources,
leading to ecological imbalances and long-term consequences for biodiversity and ecosystem services.
Example: Overfishing depleting fish stocks, unsustainable mining practices, and excessive water extraction
from aquifers.
6. Loss of Biodiversity:
Habitat destruction, pollution, and climate change contribute to the decline and extinction of plant and
animal species.Loss of biodiversity reduces ecosystem resilience, disrupts food chains, and hampers the
ability of ecosystems to adapt to changing environmental conditions.
Example: Habitat destruction causing the extinction or endangerment of species; pollution affecting
wildlife populations.
7. Land Degradation:
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The deterioration of land quality, often resulting from inappropriate agricultural practices, deforestation, or
urbanization can result in soil erosion and degradation. Degraded land affects agricultural productivity,
leading to food security issues, and contributes to desertification in some regions.
Example: Soil erosion due to improper land use, leading to reduced fertility and productivity.
8. Waste Generation:
Increased production and consumption associated with development generate large amounts of waste,
including hazardous materials. Poorly managed waste disposal contributes to environmental pollution,
harms wildlife, and poses risks to human health.
Example: Generation of plastic waste, electronic waste, and hazardous industrial waste without proper
disposal mechanisms.
The expansion of cities and construction of infrastructure alter landscapes and contribute to the loss of
natural spaces. Urbanization can lead to the displacement of ecosystems, the creation of heat islands, and
increased demand for resources and energy.
Example: Expansion of cities leading to the loss of green spaces, increased impervious surfaces, and
changes in local ecosystems.
Environmental degradation resulting from development can have social consequences, affecting
communities, livelihoods, and cultural practices.Vulnerable populations may bear the brunt of
environmental changes, leading to social inequality and conflicts over resources.
Example: Displacement of communities due to environmental changes, loss of traditional livelihoods, and
cultural disruptions.
The Rio Principles of Sustainable Development, also known as the Rio Declaration or Earth
Summit, were established during the United Nations Conference on Environment and
Development (UNCED) held in Rio de Janeiro, Brazil, 3rd to 14th June in 1992.
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These principles outline the foundational concepts and guidelines for achieving sustainable
development, which involves meeting the needs of the present without compromising the ability of
future generations to meet their own needs.
The Rio Principles were adopted by representatives from 178 countries and serve as a framework
for international cooperation on environmental and developmental issues.
The Earth Summit forced the people worldwide to re- think how their lives affect natural
environment and resources and to confront a new environment that determines the surroundings in
which they live.
In 2012 the United Nation Conference on sustainable development was also held in Rio, and is
only commonly called Rio + 20 or Rio Earth Summit 2012.
172 Govt. participated, with 116 sending their heads or Govt.
Some 2400 representative of non- governmental organizations, (NGOs) attend with 17000
people at the parallel NGO “Global Form” who had consultative status.
MAJOR ISSUES ADDRESSED:
Systematic scrutiny of pattern of production – particularly the production of toxic components,
such as lead in gasoline, or poisonous waste including radioactive chemicals.
Alternative sources of energy to replace the use of fossil fuels which are linked to Global Climate
change.
New Reliance on public transportations system in order to reduce vehicle emissions congestion in
cities and the health problems caused by polluted air and smoke.
The growing scarcity of water.
The Earth summit resulted in the following documents,
1. Rio declaration on environment and development
A series of principles defining the rights and responsibilities of states in this area.
2. Agenda 21
A comprehensive blue print for global actions to affect the transition to sustainable development.
3. Forest Principles
A set of principles to support the sustainable management of forests wildlife.
4.Two Legally binding conventions
(a) Convention on biological diversity
(b) Framework convention on climate change ( UNFCC)
(c) United Nation Convention to combat desertification
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degradation, States have common but differentiated responsibilities. The developed countries acknowledge
the responsibility that they bear in the international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the technologies and financial resources
they command.
Principle 8
“To achieve sustainable development and a higher quality of life for all people, States should reduce and
eliminate unsustainable patterns of production and consumption and promote appropriate demographic
policies”.
Principle 9
“States should cooperate to strengthen endogenous capacity-building for sustainable development by
improving scientific understanding through exchanges of scientific and technological knowledge, and
by enhancing the development, adaptation, diffusion and transfer of technologies, including new and
innovative technologies”.
Principle 10
“Environmental issues are best handled with the participation of all concerned citizens, at the relevant
level”. At the national level, each individual shall have appropriate access to information concerning
the environment that is held by public authorities, including information on hazardous materials and
activities in their communities, and the opportunity to participate in decision-making processes. States
shall facilitate and encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and remedy, shall be
provided.
Principle 11
“States shall enact effective environmental legislation”. Environmental standards, management
objectives and priorities should reflect the environmental and developmental context to which they apply.
Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to
other countries, in particular developing countries.
Principle 12
“States should cooperate to promote a supportive and open international economic system that would
lead to economic growth and sustainable development in all countries, to better address the problems of
environmental degradation”. Trade policy measures for environmental purposes should not constitute a
means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country
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“States shall provide prior and timely notification and relevant information to potentially affected States
on activities that may have a significant adverse transboundary environmental effect and shall consult
with those States at an early stage and in good faith”.
Principle 20
“Women have a vital role in environmental management and development. Their full participation is
therefore essential to achieve sustainable development”.
Principle 21
“The creativity, ideals and courage of the youth of the world should be mobilized to forge a global
partnership in order to achieve sustainable development and ensure a better future for all”.
Principle 22
“Indigenous people and their communities and other local communities have a vital role in
environmental management and development because of their knowledge and traditional practices.
States should recognize and duly support their identity, culture and interests and enable their
effective participation in the achievement of sustainable development”.
Principle 23
“The environment and natural resources of people under oppression, domination and occupation
shall be protected”.
Principle 24
“Warfare is inherently destructive of sustainable development. States shall therefore respect
international law providing protection for the environment in times of armed conflict and cooperate in
its further development, as necessary”.
Principle 25
“Peace, development and environmental protection are interdependent and indivisible”.
Principle 26
“States shall resolve all their environmental disputes peacefully and by appropriate means in
accordance with the Charter of the United Nations”.
Principle 27
“States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the
principles embodied in this Declaration and in the further development of international law in the field of
sustainable development”.
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“Environment" means "surroundings", and includes the sum total of physical, biological, and socio-
economic attributes of a place or community.
"Impact" means an effect, as in changes to the environment resulting from some action.
"Assessment" means an evaluation
An EIA is “the process of identifying, evaluating, and mitigating the possible environmental impacts
of proposed developments before any major decisions are made. These impacts include biophysical,
social, and other relevant effects of development proposals.”
Environmental Impact Assessment (EIA) is a decision-support tool for those deciding whether or
not to approve a development project.
The purpose of an EIA is to determine the potential environmental, social, and health effects of
a proposed development so that those who make decisions about the project's development
and approval are aware of the likely consequences of their decisions before making them, and thus
are more accountable.
Its goal is to make decision-making more informed and transparent while also attempting to
avoid, eliminate, or mitigate potential negative consequences by considering alternative ideas,
sites, or methods.
UNEP defines Environmental Impact Assessment (EIA) as a tool to determine the
environmental, social, and economic implications of a project prior to making a decision.
Environment Impact Assessment in India is statutorily backed by the Environment Protection
Act, 1986 which contains various provisions on EIA methodology and process.
1. To ensure that Environmental considerations are addressed properly and incorporated into the
decision-making process.
2. To avoid, minimize or balance the adverse significant biophysical, social, and other relevant
effects of developmental projects.
3. To protect the productivity and capacity of natural systems and ecological processes with
maintaining their function.
4. To promote development that is sustainable and optimize resource use and management
opportunities.
5. To describe the proposed project and associated works together with the requirements for
carrying out the proposed developments
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6. To identify and describe elements of community and environment likely to be affected by the
proposed developments and/or likely to cause adverse impacts to the proposed project, including
natural and man-made environment.
7. To identify and quantify emission sources and determine the significance of impacts on
sensitive receivers and potential affected uses.
8. To identify and quantify any potential losses or damage to flora, fauna and natural habitats.
9. To identify any negative impacts on sites of cultural heritage and to propose measures to
mitigate these impacts.
10. To identify, describe and quantify any potential landscape and visual impacts and evaluate the
significance of impacts on sensitive receivers.
11. To identify the negative impacts and propose the provision of infrastructure or mitigation
measures so as to minimize pollution, environmental disturbance and nuisance during
construction and operation of the developments arising from the Study.
1. Identify Potential Impacts: EIA aims to identify and evaluate the potential environmental, social,
and economic impacts that may result from a proposed project. This includes both direct and
indirect impacts, as well as cumulative effects that can arise from multiple projects or activities.
2. Predict and Assess Impacts: EIA involves the prediction and assessment of the potential impacts
by analyzing project details, site-specific conditions, and relevant data. It employs scientific and
technical methods to forecast the likely consequences on various environmental components, such
as air quality, water resources, ecosystems, biodiversity, and socio-economic factors.
3. Mitigation and Alternatives: EIA promotes the identification and evaluation of alternatives to the
proposed project, including the no-action alternative. It also emphasizes the development and
implementation of measures to mitigate or minimize adverse impacts and enhance positive effects.
4. Stakeholder Engagement: EIA recognizes the importance of engaging and involving stakeholders
throughout the assessment process. This includes the public, local communities, government
agencies, non-governmental organizations (NGOs), and experts. Public consultation and the
consideration of stakeholder input are crucial to ensure transparency, participation, and
accountability in decision-making.
5. Decision Support: EIA provides decision-makers with comprehensive information on the potential
impacts and mitigation measures associated with a proposed project. It assists in making informed
decisions by weighing the environmental, social, and economic considerations and ensuring that
the project aligns with sustainable development principles.
6. Monitoring and Follow-up: EIA emphasizes the importance of monitoring the implementation
and performance of the project during and after its completion. Monitoring helps verify the
accuracy of predictions made during the assessment and ensures that mitigation measures are
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effectively implemented. Follow-up actions may be taken to address any unexpected impacts or to
enhance the project's environmental performance.
ORIGIN OF EIA
EIA as a mandatory regulatory procedure originated in the early 1970s, with the
implementation of the National Environment Policy Act (NEPA) 1969 in the US.
The 1992 Rio Declaration, which emphasized the need for direct public participation in
the decision-making process pertaining to environmental issues, can be credited as the source of
the entire EIA procedure that followed today.
The widely acknowledged and well-established "Precautionary Principle" of environmental
law in India and around the world is where EIA got its start. It is always preferable to minimize
environmental damage rather than address it because most of it cannot be undone.
All laws based on the environment try to strike a balance between sustainable development
and protecting the environment, and they acknowledge the significance of such large-scale
projects.
EVOLUTION OF EIA:
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The Indian experience with Environmental Impact Assessment began over 20 years back.
It started in 1976-77 when the Planning Commission asked the Department of Science and
Technology to examine the river-valley projects from an environmental angle.
Till 1994, environmental clearance from the Central Government was an administrative
decision and lacked legislative support.
On 27 January 1994, the then Union Ministry of Environment and Forests, under the
Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental
Clearance (EC) mandatory for expansion or modernisation of any activity or for setting up new
projects listed in Schedule 1 of the notification.
The Ministry of Environment, Forests and Climate Change (MoEFCC) notified new EIA
legislation in September 2006.
In 2006, The MoEF notified new EIA legislation making it mandatory for various projects such
as mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbours,
and airports), and industries including very small electroplating or foundry units to get
environment clearance.
However, unlike the EIA Notification of 1994, the 2006 legislation had put the onus of clearing
projects on the state government depending on the size/capacity of the project.
In 2020, a draft notification on EIA 2020 was issued to consolidate all the 55 amendments and
230 office memorandums issued since 2006.
On the basis of the purpose, spatial unit and time scale EIA are classified into following types as given
below.
i) Rapid EIA: Rapid EIA is based on preparation of assessment report compiled on the basis of
one season data to see the likely environmental impacts of any proposed development activity
as per the guidelines and requirement of the concerned departments/ agencies namely Ministry
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of Environment Forest and Climate Change (MoEF & CC) and Central Pollution Control Board
(CPCB). Rapid EIA is speedier process to complete EIA within short period of time. This helps
to decide whether, comprehensive EIA is required or not.
ii) Comprehensive EIA: Comprehensive EIA is usually undertaken after the initial screening of
rapid EIA. More than two season data is required for analysis and preparation of
comprehensive EIA. The purpose of comprehensive EIA is to access some detrimental effects
on the environment and identifying potential impacts and modelling exercise have been carried
out to predict and evaluate impacts to prepare management plan to make project eco-friendly
and sustainable. The main difference between rapid EIA and comprehensive EIA is the time
scale.
iii) Cumulative Impact Assessment (CIA): CIA is the process of systematically analyzing and
evaluating combined socio-economic and environmental changes on the basis of combined
effects from different projects in specific geographical region. It aims to consider the effects of
multiple actions or impacts on the environment. CIAs are conducted across the actual and
potential impacts of a number of activities or projects that may combine over time and/or space
iv) Strategic Environment Impact Assessment (SEA): “SEA is a systematic process for
evaluating the environmental consequences of proposed policy, plan or programme initiatives
in order to ensure they are fully included and appropriately addressed at the earliest appropriate
stage of decision-making on par with economic and social considerations” (Sadler and
Verheem, 1996).
v) Regional and Sectoral EIA: Regional EIA fulfills the need for micro-level environmental
integration which may not be able to address at individual projects or activities. It will address
cumulative impacts at regional scale to develop regional developmental plan in the context of
individual project level EIA. Regional EIA approach makes possible appropriate integration of
socio-economic development and management and conservation of natural resources within the
carrying capacity of the particular ecosystem and limitations to achieve sustainable development
goals.
Sectoral EIA will help to address specific environmental issues and a problem that may be
during a project planning and implementation at some specific sector. Sectoral level
development plans can integrate with sectoral environmental concerns.
vi) Project Level EIA: Project level EIA refers to the developmental activity in isolation and at
individual project level. Thus, it may not effectively integrate the cumulative effects of the
development of a region.
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vii) Life Cycle Assessment: Life cycle assessment is based on the assessment of the impacts during
all stages of a project i.e. designing or planning, implementation and production stages of the
project. This approach is beneficial to minimize the environmental costs and give options to
lower the adverse impacts for the longevity of the project.
viii) Social impact assessment (SIA):Social impact assessment is a process for understanding and
managing the social consequences of a proposed project or policy. It is a vital component of
environmental impact assessment as it evaluates the effects on communities, cultures, and
societies. SIA is essential because it helps identify potential social issues and enables project
planners to address them proactively. SIA examines a range of aspects, including social,
cultural, and economic dimensions. It assesses how a project might impact community well-
being, local customs and traditions, and economic activities. By analyzing these aspects, SIA
helps ensure that development projects benefit communities and minimize adverse social
impacts.
ix) Health Impact Assessment (HIA): Health impact assessment is a process that assesses the
potential health effects of a project or policy on a population. It is closely related to both
environmental and social impacts because it considers how changes in the environment or
social conditions can affect public health.HIA evaluates various health effects, including
physical and mental health, of individuals or communities affected by a project. It considers
factors such as air and water quality, access to healthcare, and lifestyle changes. HIA plays a
critical role in ensuring that projects are designed and implemented in ways that protect and
enhance public health.
x) Screening EIA: This is the initial assessment to determine whether a project requires a full-
scale EIA. It helps identify projects with significant environmental impacts that need more
detailed assessment.
xi) Scoping EIA: Conducted after the screening to identify the key issues, concerns, and
boundaries that should be considered in the detailed EIA. Helps in defining the scope of the
assessment and the specific environmental factors to be studied.
xii) Baseline Studies: Involves collecting data on existing environmental conditions in the project
area before the project begins. Provides a baseline against which potential impacts can be
measured.
xiii) Predictive EIA: Involves predicting the likely environmental impacts of the proposed project.
Uses modelling and simulation techniques to forecast the potential consequences.
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xiv) Alternatives Assessment: Compares different options or alternatives for achieving the project's
objectives. Assists in identifying the most environmentally sustainable option.
xv) Impact Assessment: Focuses on assessing the potential environmental impacts identified
during the predictive EIA. Includes both direct and indirect impacts on the environment.
xvi) Mitigation and Impact Management: Identifies measures to avoid, minimize, or offset
adverse environmental impacts. Aims to enhance positive impacts and reduce negative ones.
xvii) Public Participation: Involves engaging stakeholders and the public in the EIA process to
gather input, address concerns, and ensure transparency. Enhances the decision-making process
by incorporating diverse perspectives.
xviii) Post-Project Monitoring: Conducted after the project is implemented to verify if the predicted
impacts match the actual outcomes. Helps in learning from the experience and improving future
assessments.
• Project proponents - responsible for commissioning and paying for the EIA process.
• Reviewers - responsible for: screening; ensuring that the EIA follows clear ToR; and, reviewing the final
report and to communicate their findings to decision-makers and other stakeholders
• The public who are the most important stakeholders. The public can contribute ideas and information that
can help to avoid unforeseen problems, improve project design and contribute to monitoring.
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The ESIA process constitutes a systematic approach to the evaluation of a project and its associated
activities throughout the project lifecycle. The process includes:
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The purpose of stakeholder consultation is to obtain the views and opinions of potentially affected people
and other interested parties. Stakeholder feedback was used to focus the impact assessment and, where
appropriate, influence project design and execution.
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Screening: The project plan is screened for scale of investment, location and type of development
and if the project needs statutory clearance.
Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and need for
monitoring.
Collection of baseline data: Baseline data is the environmental status of study area.
Impact prediction: Positive and negative, reversible and irreversible and temporary and
permanent impacts need to be predicted which presupposes a good understanding of the project
by the assessment agency.
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Mitigation measures and EIA report: The EIA report should include the actions and steps for
preventing, minimizing or by passing the impacts or else the level of compensation for probable
environmental damage or loss.
Public hearing: On completion of the EIA report, public and environmental groups living close
to project site may be informed and consulted.
Decision making: Impact Assessment Authority along with the experts consult the project-in-
charge along with consultant to take the final decision, keeping in mind EIA and EMP
(Environment Management Plan).
Monitoring and implementation of environmental management plan: The various phases of
implementation of the project are monitored.
Assessment of Alternatives, Delineation of Mitigation Measures and Environmental Impact
Assessment Report: For every project, possible alternatives should be identified, and
environmental attributes compared. Alternatives should cover both project location and process
technologies.
Once alternatives have been reviewed, a mitigation plan should be drawn up for the selected
option and is supplemented with an Environmental Management Plan (EMP) to guide the
proponent towards environmental improvements.
Risk assessment: Inventory analysis and hazard probability and index also form part of EIA
procedures.
EIA NOTIFICATION:
The Environment Impact Assessment (EIA) Notification, 2006, is the governing legal instrument to
grant green clearance for the establishment or expansion of an industry on the basis of the potential
environmental impact of the project. The notification in recent times has been revised several times since
its introduction in 1994.
Background:
While the 2006 notification is flexible and can adjust to the changing times, it has been
exploited by governments, who have made efforts to dilute its provisions and norms to make it
easier to establish and expand industries that generate pollution.
This has been achieved through the introduction of office memorandums, which are changes to the
notification that do not require public consultation.
In the past five years, 110 such changes have been introduced, some of which have been
challenged in the National Green Tribunal.
The year 2022-23 saw the highest number of changes introduced in the 2006 notification in the last
five years.
ENVIRONMENTAL CLEARANCE:
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“Environmental Clearance is the procedure to get clearance from the government for the installation and
modification (amendment) of certain projects. It is mandatory for projects which can cause high
environmental Pollution”.
The EIA Notification makes prior Environmental Clearance (EC) compulsory for
The EIA Notification calls these two authorities as Regulatory Authorities. For bigger projects, which
fall under Category A in the Schedule, the MoEF issues the EC. For smaller projects- Category B, the
SEIAA- a Central Government authority operating in each state, issues the clearance.
The Indian government introduced a star-rating system for state environment impact assessment
authorities (SEIAAs) to improve their efficiency and accountability.
However, the system seems to penalize them for following the 2006 EIA notification, which
regulates the clearance of projects.
The SEIAA is a Central Government Authority that is constituted by the State Government but acts on
behalf and reports to the MoEF.
1. Member-Secretary – a serving officer of the respective State Government/ Union territory, who is
familiar with environmental laws
2. Chairperson – an expert in EIA process with a term of 3 years
3. Non-officio Member - an expert in EIA process with a term of 3 years
If an SEIAA has not been constituted in a state, then all projects requiring an EC will be considered by the
MoEF.
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All decisions of the SEIAA should be taken in a meeting and must, as far as possible be, unanimous. If a
majority decision is taken, then the details of the opinions for and against it should be clearly recorded and
copy of the minutes sent to the MoEF.
The MoEF will issue EC, for projects being evaluated by it, based on the recommendations of the EAC.
Likewise, the SEIAA will issue EC based on the recommendations of the SEAC.
The SEAC is constituted by the Central Government in consultation with the State Government. If the
SEAC has not been constituted in a state, then all Category B projects requiring an EC will be considered
by the MoEF.
The EAC & SEAC can have up to 15 members, who should be experts or experienced professionals in the
following fields:
Environmental Quality
Different Sectors in Project Management
Environmental Impact Assessment Process
Risk Assessment
Floral and faunal management (Life Science expert)
Forestry and Wildlife
Environmental Economics (The expert should have experience in project appraisal)
The Chairperson should be an outstanding and experienced environmental policy expert or expert in
management or public administration with wide experience in the relevant development sector.
1. 5 years of formal University training in the concerned discipline leading to a MA/MSc Degree, or
2. 4 years formal training in a professional training course together with prescribed practical training
in the field leading to a B.Tech/B.E./B.Arch. Degree, in case of
Engineering/Technology/Architecture disciplines, or
3. 5 years of formal University training and prescribed practical training put together, in the case of
any other professional degree (e.g. Law), or
4. Prescribed apprenticeship/articleship and pass examinations conducted by the concerned
professional association (e.g. Chartered Accountancy),or
5. A University degree, followed by 2 years of formal training in a University or Service Academy
(e.g. MBA/IAS/IFS).
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In selecting Experts / Experienced Professionals, experience gained by them in their respective fields will
be taken note of.
The Expert has to be less than 70 years of age. However, in the event of the non-availability of experts in a
given field, the maximum age of a member of the Expert Appraisal Committee can be 75 years.
Each member, including the Chairperson, has a maximum tenure of 2 terms of 3 years each.
Monthly Meetings should be held.
Agenda and minutes to be noted.
Minutes of the Meetings are to be finalised in 5 working days and uploaded on the MoEF website
The EC Process:
Project Proponent/Applicant is to make an application for EC only after the prospective site is
identified. This applicationis to be made in Form 1(Form 1 format)and a copy of the project’s Pre-
Feasibility Report,is to be submitted,based on the proposed plant’s capacity, to the MoEF or
SEIAA. Form 1 includes the ToR proposed by the Project Proponent
Prior to obtaining an EC, the Project Proponent, also known as the Applicant, is not allowed to
commence any activity at the site, except cleaning and fencing or making temporary shelterswith
basic amenities for labour.
At this stage, the Application made to the SEIAA will further be categorised as Category B1 & B2
by the Authority*. This process is called Screening.
B2 projects do not require an EIA.
*The MoEF issues a notification from time to time on the classification of projects as B1 and B2.
Currently, all coal, lignite, naphtha & gas-based thermal power plants with a capacity over 5 MWare
classified as B1 and require an EIA.
1. Upon receipt of the application, the SEIAA/MoEF will check if all the required documents have
been submitted.
2. If Additional Details are required, the Project Proponent/Applicant will be required to submit
them.
3. On acceptance of the Application, the MoEF/SEIAA will invite the Project Proponent/Applicant for
a meeting with the EAC/ SEAC where this project will be evaluated.
4. At the meeting, the ToR addressing all environmental concerns for conducting EIA studies will be
issued by the MoEF/ SEIAA. This process is called Scoping.
Note:
If the EAC/ SEAC is of the opinion, during evaluation of the Application, that a visit to the site by its
members is necessary to draw up the ToR(Contents of a ToR), the site-visit will be undertaken and ToR
issued subsequently. For this, the MoEF/SEIAA should provide a notice of 7 days to the Project
Proponent/Applicant, who should provide requisite facilities to carry out the inspection.
Form 1
A ToR proposed by the Project Proponent/Applicant
Site visit by a sub-group of EAC or SEAC (if conducted)
Other information that may be available with the EAC/SEAC.
The ToR should be conveyed to the Project Proponent/Applicant by the EAC/SEAC within 60 days of
receipt of Form 1. If not, the ToR as proposed by the Project Proponent/Applicant will be considered as the
approved ToR for EIA purposes.
The approved ToR should be displayed on the website of the MoEF and the concerned SEIAA. The ToR
for plants situated along the coast will contain details of additional studies required.
The Application can be rejected at this stage itself by the MoEF/ SEIAA based on the recommendation of
the EAC/SEAC. If so, this decision, along with reasons for the rejection, should be communicated to the
Project Proponent/Applicant in writing within 60 days of receipt of application
1. After obtaining the ToR, an accredited consultant is engaged to conduct the EIA studies by the
Project Proponent/Applicant and prepare a Draft EIA Report. (This draft is likely to take a
minimum of 3 months as it is based on the number of seasons specified, in the ToR, for conducting
the studies.)
2. The Draft EIA Report is to be submitted to the MoEF/SEIAA by the Project Proponent/Applicant.
Simultaneously a request to the SPCB is to be submitted to conduct the Public Consultation by the
Project Proponent/Applicant.
3. The Public Consultation consists of two parts:
1. A Public Hearing at the site or in its close proximity to ascertain concerns of locally affected
persons
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2. Written Responses obtained from concerned persons having a plausible stake in the socio-
environmental aspects of the project or the activity. The MoEF/SEIAA and the State Pollution
Control Boards should invite responses in writing about the project.
The Public Consultation has to be conducted and the Public Hearing Report- consisting of the
summary of the hearing proceedings, statement of issues raised by the public and the comments of
the applicant, video recording of the meeting and the received Written Responses- is to be
submitted by the SPCB to the MoEF/SEIAA, within 45 days of receiving a request from the Project
Proponent/Applicant.
For more details, refer to Participate Effectively InThe Public Consultation Process
1. The Project Proponent/Applicant should address the socio - environmental concerns expressed
during the public consultation process and make appropriate changes in the Draft EIA Report. The
revised document is called the Final EIA Report.
2. The Final EIA Report is to be submitted to the MoEF/SEIAA for appraisal. (Alternatively, the
Project Proponent/Applicant can submit a Supplementary Report addressing all the concerns
expressed during the public consultation. This and the Draft EIA make up the Final EIA.)
The proponent can also submit a copy of the Videotape or CD of Public Hearing Proceedings (1 copy)
3. Within 30 days of receiving these documents, the MoEF should scrutinise them for adherence to
the conditions mentioned in the ToR, and send, electronically or otherwise, an observation report to
the EAC/SEAC, including any inadequacies noted. Along with it, a copy of the Final EIA Report,
Public Consultation Report & Form I should be attached. The scheduled date of the EAC/SEAC
meeting for considering the proposal is to be mentioned.
4. A letter to the Project Proponent to attend the meeting and to furnish clarifications, if necessary,
about the project, either in person or through an authorized representative is to be sent by the
MoEF/SEIAA. The Project Proponent should be informed at least 15 days in advance about the
EAC/SEAC meeting.
5. The EAC/SEAC is to complete the appraisal of the Application within 60 days of receiving the
requisite documents. If the EAC/SEAC recommends issue of EC, then the minutes should clearly
list out the specific environmental safeguards and conditions. If a rejection of the application has
been recommended, reasons for the same should be stated.
6. The minutes of the EAC/SEAC meeting should be finalized in 5 working days and displayed in
the MoEF/SEIAA website
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7. The MoEF/SEIAA should inform the Project Proponent of the status of EC issue or rejection of
application - within 45 days of receiving the information from the EAC/SEAC.
After this time, the recommendations of the EAC/SEAC on granting or refusing EC for the project become
public documents. Thus, if the decision of the MoEF/SEIAA has not been communicated to the Project
Proponent within the timeframe mentioned in Point 7, the Proponent can proceed as if the EC has been
granted or denied based on the final recommendations of the EAC/SEAC.
The MoEF/SEIAA will normally accept the recommendations of the EAC/SEAC. In case of disagreement
with the recommendations, the MoEF/SEIAA, stating its reasons for non-acceptance, may request a
reconsideration of EAC/SEAC decision. The request is to be sent within 45 days of receiving the
recommendations.
The EAC/SEAC has to consider the observations of the MoEF/SEIAA and furnish its views within 60
days.
The MoEF/SEIAA should consider the views of the EAC/SEAC and decide on EC issuance. This decision
of the MoEF/SEIAA is final, and should be conveyed to the Project Proponent within the next 30 days.
Validity of EC
The validity of an EC for a TPP is for 5 years from the date the EC is granted till the start of production
operations.
For renewing the EC, an application is to be made to the MoEF/SEIAA within the validity period, together
with an updated Form I. The MoEF/SEIAA can consult the EAC/SEAC as required.
Cancellation of EC
If the Project Proponent has been found to deliberately conceal information or has submitted false or
misleading information to obtain the EC and the project will have adverse or negative environmental or
socio-economic impacts, the EC may be cancelled. The decision will be made by the MoEF/SEIAA after
giving a personal hearing to the Project Proponent and following the principles of natural justice.
1.A fresh Form 1 has to be submitted for all applications seeking prior EC for
Expansion of plant
Modernisation of an existing plant with increase in production capacity beyond the threshold
mentioned in the Schedule to the EIA Notification.*
Change in product mix for existing plant
The applications should be submitted to the SEIAA/MoEF based on the extent of expansion.
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3. EAC/SEAC to decide on due diligence necessary, including preparation of EIA and Public Consultation.
Application will be appraised accordingly for grant of EC.
*The threshold for TPPs, for which the EC is to be issued by the SEIAA, is 500 MW. So, if the capacity of
a 300 MW plant after modernisation will be over 500MW, it will require a prior environmental clearance
involving all stages of the EIA process from the MoEF).
The Project Proponent has to submit half-yearly Compliance Reports, to the terms and conditions
stipulated in the EC, in hard and soft copies to the MoEF/SEIAA on 1st June and 1st December every year.
Each of these documents is a public document and can be obtained by applying for it from the
MoEF/SEIAA.
The latest Compliance Report should be displayed on the website of the MoEF/SEIAA
5. Transferability of an EC
The EC given for a project to a Project Proponent can be transferred during its validity to another person
entitled to undertake the project. In that case, an application to this effect should be submitted by the
Transferor or by the Transferee with a written “no objection” by the Transferor.
The terms & conditions and validity period will remain in effect as stipulated in the EC. There is no
requirement for further confirmation regarding these by the EAC/SEAC.
The Environmental Protection Act 1986 (EPA), gives powers to the MoEF to restrict areas in which any
industry, operation or process cannot be carried out, or can be permitted subject to certain safeguards.
[Clause V, Sub-sec (2), Section 3 of the EPA]
The Environmental Impact Assessment Notification 2006 (EIA Notification) has been issued under the
EPA.
Before India’s independence in 1947, several environmental legislation existed but the real impetus for
bringing about a well-developed framework came only after the UN Conference on the Human
Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for
Environmental Policy and Planning within the Department of Science and Technology was set up in
1972. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in
1985 which today is the apex administrative body in the country for regulating and ensuring environmental
protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental
concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State
Policy and Fundamental Rights and Duties.
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Since the 1970s an extensive network of environmental legislation has grown in the country. The MoEF
and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution
Control Boards) together form the regulatory and administrative core of the sector.
A policy framework has also been developed to complement the legislative provisions. The Policy
Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on
Environment and Development were brought out by the MoEF in 1992, to develop and promote
initiatives for the protection and improvement of the environment. The EAP (Environmental Action
Programme) was formulated in 1993 with the objective of improving environmental services and
integrating environmental considerations in to development programmes.
Water
Water quality standards especially those for drinking water are set by the Indian Council of Medical
Research. These bear close resemblance to WHO standards.
The discharge of industrial effluents is regulated by the Indian Standard Codes and recently, water quality
standards for coastal water marine outfalls have also been specified.
In addition to the general standards, certain specific standards have been developed for effluent discharges
from industries such as, iron and steel, aluminium, pulp and paper, oil refineries, petrochemicals and
thermal power plants.
This Act represented India’s first attempts to comprehensively deal with environmental issues. The
Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down
penalties for non-compliance.
The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986.
It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention
and control of water pollution.
At the State level, the SPCBs (State Pollution Control Board) function under the direction of the
CPCB and the state government.
This Act provides for a levy and collection of a cess on water consumed by industries and local
authorities.
It aims at augmenting the resources of the central and state boards for prevention and
control of water pollution.
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Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated
in 1978 for defining standards and indications for the kind of and location of meters that every
consumer of water is required to install.
Air
To counter the problems associated with air pollution, ambient air quality standards were
established, under the 1981 Act.
The Act provides means for the control and abatement of air pollution.
The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances,
as well as by regulating appliances that give rise to air pollution.
Under the Act establishing or operating of any industrial plant in the pollution control area requires
consent from state boards.
The boards are also expected to test the air in air pollution control areas, inspect pollution control
equipment, and manufacturing processes.
National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB
in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to
protect public health, vegetation and property (CPCB 1995 cited in Gupta, 1999). The NAAQS prescribe
specific standards for industrial, residential, rural and other sensitive areas. Industry-specific
emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil
refineries and the aluminium industry. The ambient quality standards prescribed in India are similar to
those prevailing in many developed and developing countries.
To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention
and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take
immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The
power to cancel consent for non-fulfilment of the conditions prescribed has also been emphasized in the
Air Act Amendment.
The Air (Prevention and Control of Pollution) Rules formulated in 1982, defined the procedures for
conducting meetings of the boards, the powers of the presiding officers, decision-making, the quorum;
manner in which the records of the meeting were to be set etc. They also prescribed the manner and the
purpose of seeking assistance from specialists and the fee to be paid to them.
Complementing the above Acts is the Atomic Energy Act of 1982, which was introduced to deal with
radioactive waste. In 1988, the Motor Vehicles Act, was enacted to regulate vehicular traffic, besides
ensuring proper packaging, labelling and transportation of the hazardous wastes. Various aspects of
vehicular pollution have also been notified under the EPA of 1986.
Mass emission standards were notified in 1990, which were made more stringent in 1996.
In 2000 these standards were revised yet again and for the first time separate obligations for vehicle
owners, manufacturers and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II
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emission norms were notified by the Supreme Court on April 29, 1999 for the city of Delhi. The
notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May
1999 and April 2000, respectively, for new non-commercial vehicle sold in Delhi.
The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and
fauna and establishes a network of ecologically-important protected areas.
The WPA empowers the central and state governments to declare any area a wildlife
sanctuary, national park or closed area.
There is a blanket ban on carrying out any industrial activity inside these protected areas.
Regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and
closed areas;
Restrict trade or commerce in wild animals or animal articles; and miscellaneous matters.
The Act prohibits hunting of animals except with permission of authorized officer when an
animal has become dangerous to human life or property or so disabled or diseased as to be
beyond recovery (WWF-India, 1999).
The near-total prohibition on hunting was made more effective by the Amendment Act of 1991.
The Act restricts the powers of the state in respect of de-reservation of forests and use of forestland
for non-forest purposes (the term non-forest purpose includes clearing any forestland for cultivation
of cash crops, plantation crops, horticulture or any purpose other than re-afforestation).
General
This Act is an umbrella legislation designed to provide a framework for the co-ordination of central and
state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and
Control) Act, 1981. Under this Act, the central government is empowered to take measures necessary to
protect and improve the quality of the environment by setting standards for emissions and discharges;
regulating the location of industries; management of hazardous wastes, and protection of public health and
welfare.
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From time to time the central government issues notifications under the EPA for the protection of
ecologically-sensitive areas or issues guidelines for matters under the EPA.
Doon Valley Notification (1989), which prohibits the setting up of an industry in which the daily
consumption of coal/fuel is more than 24 MT (million tonnes) per day in the Doon Valley.
Coastal Regulation Zone Notification (1991), which regulates activities along coastal stretches. As
per this notification, dumping ash or any other waste in the CRZ is prohibited. The thermal power
plants (only foreshore facilities for transport of raw materials, facilities for intake of cooling water
and outfall for discharge of treated waste water/cooling water) require clearance from the MoEF.
Dhanu Taluka Notification (1991), under which the district of Dhanu Taluka has been declared an
ecologically fragile region and setting up power plants in its vicinity is prohibited.
Revdanda Creek Notification (1989), which prohibits setting up industries in the belt around the
Revdanda Creek as per the rules laid down in the notification.
All projects listed under Schedule I require environmental clearance from the MoEF.
Projects under the delicenced category of the New Industrial Policy also require clearance from
the MoEF.
All developmental projects whether or not under the Schedule I, if located in fragile regions
must obtain MoEF clearance.
Industrial projects with investments above Rs 500 million must obtain MoEF clearance and are
further required to obtain a LOI (Letter Of Intent) from the Ministry of Industry, and an NOC
(No Objection Certificate) from the SPCB and the State Forest Department if the location
involves forestland. Once the NOC is obtained, the LOI is converted into an industrial licence
by the state authority.
The notification also stipulated procedural requirements for the establishment and operation of
new power plants. As per this notification, two-stage clearance for site-specific projects such as
pithead thermal power plants and valley projects is required. Site clearance is given in the first
stage and final environmental clearance in the second. A public hearing has been made
mandatory for projects covered by this notification. This is an important step in providing
transparency and a greater role to local communities.
Ash Content Notification (1997), required the use of beneficiated coal with ash content not
exceeding 34% with effect from June 2001, (the date later was extended to June 2002). This applies
to all thermal plants located beyond one thousand kilometres from the pithead and any thermal
plant located in an urban area or, sensitive area irrespective of the distance from the pithead except
any pithead power plant.
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Taj Trapezium Notification (1998), provided that no power plant could be set up within the
geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution (Prevention
and Control) Authority.
Disposal of Fly Ash Notification (1999) the main objective of which is to conserve the topsoil,
protect the environment and prevent the dumping and disposal of fly ash discharged from lignite-
based power plants. The salient feature of this notification is that no person within a radius of 50
km from a coal-or lignite-based power plant shall manufacture clay bricks or tiles without mixing
at least 25% of ash with soil on a weight-to-weight basis. For the thermal power plants the
utilisation of the flyash would be as follows:
Every coal-or lignite-based power plant shall make available ash for at least ten years from the
date of publication of the above notification without any payment or any other consideration,
for the purpose of manufacturing ash-based products such as cement, concrete blocks, bricks,
panels or any other material or for construction of roads, embankments, dams, dykes or for any
other construction activity.
Every coal or lignite based thermal power plant commissioned subject to environmental
clearance conditions stipulating the submission of an action plan for full utilisation of fly ash
shall, within a period of nine years from the publication of this notification, phase out the
dumping and disposal of fly ash on land in accordance with the plan.
These rules lay down the procedures for setting standards of emission or discharge of environmental
pollutants. The Rules prescribe the parameters for the Central Government, under which it can issue orders
of prohibition and restrictions on the location and operation of industries in different areas. The Rules lay
down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory
reports. The functions of the laboratories are also described under the Rules along with the qualifications
of the concerned analysts.
This Act provided for the establishment of a National Environment Appellate Authority to hear appeals
with respect to restriction of areas in which any industry operation or process or class of industries,
operations or processes could not carry out or would be allowed to carry out subject to certain safeguards
under the Environment (Protection) Act, 1986.
In addition to these, various Acts specific to the coal sector have been enacted. The first attempts in this
direction can be traced back to the Mines Act, 1952, which promoted health and safety standards in coal
mines. Later the Coal Mines (Conservation and Development) Act (1974) came up for conservation of coal
during mining operations. For conservation and development of oil and natural gas resources a similar
legislation was enacted in 1959.
Hazardous wastes
There are several legislation that directly or indirectly deal with hazardous waste. The relevant legislation
are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment
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Tribunal Act, 1995 and some notifications under the Environmental Protection Act of 1986. A brief
description of each of these is given below.
Under the EPA 1986, the MoEF has issued several notifications to tackle the problem of hazardous waste
management. These include:
Hazardous Wastes (Management and Handling) Rules, 1989, which brought out a guide for
manufacture, storage and import of hazardous chemicals and for management of hazardous wastes.
Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines,
for proper disposal, segregation, transport etc. of infectious wastes.
Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable
municipalities to dispose municipal solid waste in a scientific manner.
The Factories Act, 1948 was a post-independence statute that explicitly showed concern for the
environment. The primary aim of the 1948 Act has been to ensure the welfare of workers not only in their
working conditions in the factories but also their employment benefits. While ensuring the safety and
health of the workers, the Act contributes to environmental protection. The Act contains a comprehensive
list of 29 categories of industries involving hazardous processes, which are defined as a process or
activity where unless special care is taken, raw materials used therein or the intermediate or the finished
products, by-products, wastes or effluents would:
The Act covers accidents involving hazardous substances and insurance coverage for these. Where death
or injury results from an accident, this Act makes the owner liable to provide relief as is specified in the
Schedule of the Act. The PLIA was amended in 1992, and the Central Government was authorized to
establish the Environmental Relief Fund, for making relief payments.
The Act provided strict liability for damages arising out of any accident occurring while handling any
hazardous substance and for the establishment of a National Environment Tribunal for effective and
expeditious disposal of cases arising from such accident, with a view to give relief and compensation for
damages to persons, property and the environment and for the matters connected therewith or incidental
thereto.
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Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973
The aim of CITES is to control or prevent international commercial trade in endangered species or
products derived from them. CITES does not seek to directly protect endangered species or curtail
development practices that destroy their habitats. Rather, it seeks to reduce the economic incentive to
poach endangered species and destroy their habitat by closing off the international market. India became a
party to the CITES in 1976. International trade in all wild flora and fauna in general and species covered
under CITES is regulated jointly through the provisions of The Wildlife (Protection) Act 1972, the
Import/Export policy of Government of India and the Customs Act 1962 (Bajaj, 1996).
Montreal Protocol on Substances that deplete the Ozone Layer (to the Vienna Convention for the
Protection of the Ozone Layer), 1987
The Montreal Protocol to the Vienna Convention on Substances that deplete the Ozone Layer, came into
force in 1989. The protocol set targets for reducing the consumption and production of a range of
ozone depleting substances (ODS). In a major innovation the Protocol recognized that all nations should
not be treated equally. The agreement acknowledges that certain countries have contributed to ozone
depletion more than others. It also recognizes that a nations obligation to reduce current emissions should
reflect its technological and financial ability to do so. Because of this, the agreement sets more stringent
standards and accelerated phase-out timetables to countries that have contributed most to ozone depletion
(Divan and Rosencranz, 2001).
India acceded to the Montreal Protocol along with its London Amendment in September 1992. The MoEF
has established an Ozone Cell and a steering committee on the Montreal Protocol to facilitate
implementation of the India Country Program, for phasing out ODS production by 2010.
To meet India’s commitments under the Montreal Protocol, the Government of India has also taken certain
policy decisions.
Goods required to implement ODS phase-out projects funded by the Multilateral Fund are fully
exempt from duties. This benefit has been also extended to new investments with non-ODS
technologies.
Commercial banks are prohibited from financing or refinancing investments with ODS
technologies.
The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase-out called the Ozone
Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment
(Protection) Act, 1986. These rules were drafted by the MoEF following consultations with industries and
related government departments.
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Basel Convention, which entered into force in 1992, has three key objectives:
To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an
environmentally sound manner.
India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes
Management Rules Act 1989, encompasses some of the Basel provisions related to the notification of
import and export of hazardous waste, illegal traffic, and liability.
The primary goals of the UNFCCC were to stabilize greenhouse gas emissions at levels that would prevent
dangerous anthropogenic interference with the global climate. The convention embraced the principle of
common but differentiated responsibilities which has guided the adoption of a regulatory structure.
India signed the agreement in June 1992, which was ratified in November 1993. As per the convention the
reduction/limitation requirements apply only to developed countries. The only reporting obligation for
developing countries relates to the construction of a GHG inventory. India has initiated the preparation of
its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks,
potential vulnerability to climate change, adaptation measures and other steps being taken in the country to
address climate change. The further details on UNFCC and the Kyoto Protocol are provided in
Atmosphere and climate chapter.
The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been
ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity,
sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.
The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed
in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous
peoples rights.
India,s initiatives under the Convention are detailed in the chapter on Biodiversity. These include the
promulgation of the Wildlife (Protection) Act of 1972, amended in 1991; and participation in several
international conventions such as CITES.
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International Tropical Timber Agreement and The International Tropical Timber Organisation
(ITTO), 1983, 1994
The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in
1985 and became operational in 1987 . The ITTO facilitates discussion, consultation and international
cooperation
on issues relating to the international trade and utilization of tropical timber and
the sustainable management of its resource base. The successor agreement to the ITTA (1983) was
negotiated in 1994, and came into force on 1 January 1997. The organization has 57 member countries.
India ratified the ITTA in 1996.
An assessment of the legal and regulatory framework for environmental protection in India
The extent of the environmental legislation network is evident from the above discussion but the
enforcement of the laws has been a matter of concern. One commonly cited reason is the prevailing
command and control nature of the environmental regime. Coupled with this is the prevalence of the all-or
nothing approach of the law; they do not consider the extent of violation. Fines are levied on a flat basis
and in addition, there are no incentives to lower the discharges below prescribed levels.
Some initiatives have addressed these issues in the recent past. The Government of India came out with a
Policy Statement for Abatement of Pollution in 1992, before the Rio conference, which declared that
market-based approaches would be considered in controlling pollution. It stated that economic instruments
will be investigated to encourage the shift from curative to preventive measures, internalise the costs of
pollution and conserve resources, particularly water. In 1995, the Ministry of Environment and Forest
(MoEF) constituted a task force to evaluate market-based instruments, which strongly advocated their use
for the abatement of industrial pollution. Various economic incentives have been used to supplement the
command-and-control policies. Depreciation allowances, exemptions from excise or customs duty
payment, and arrangement of soft loans for the adoption of clean technologies are instances of such
incentives.
Agenda 21 highlights the need for integration of environmental concerns at all stages of policy,
planning and decision-making processes including the use of an effective legal and regulatory
framework, economic instruments and other incentives. n the focus from end-of-pipe treatment of
pollution to treatment at source.
STAKEHOLDERS:
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Stakeholders play a crucial role in the Environmental Impact Assessment (EIA) process, which is a
systematic process used to identify, predict, and evaluate the potential environmental impacts of
proposed projects or developments.
“Stakeholders are individuals, groups, or organizations that have an interest in or may be affected by
the outcomes of the EIA process”. Their involvement is essential for ensuring that the assessment
considers a broad range of perspectives and that the decision-making process is transparent and
inclusive.
1. Government Agencies:
Local, regional, and national government agencies involved in permitting, regulation, and
decision-making processes related to the project.
2. Project Proponents/Developers:
Companies or individuals proposing the project and seeking approvals. They have a vested
interest in the project's success and compliance with environmental regulations.
3. Local Communities:
Residents living near the project site or in the vicinity, who may experience direct or
indirect impacts on their environment, health, and quality of life.
Environmental and community groups that may advocate for environmental protection,
social justice, and the interests of affected communities.
Organizations that may contribute scientific research and expertise to the EIA process.
Communities with cultural or historical ties to the project area, especially if the project
affects lands traditionally occupied or used by indigenous peoples.
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9. Media:
Journalists and media organizations covering the project, its environmental implications,
and public reactions.
Organizations representing interests related to tourism and recreational activities that could
be impacted by the project.
It's important to note that the list is not exhaustive, and the identification of stakeholders should be done on
a case-by-case basis during the scoping phase of the EIA process. Effective engagement with stakeholders
ensures a comprehensive assessment of potential impacts and facilitates the integration of diverse
perspectives in the decision-making process.
Stakeholders play a crucial role in the Environmental Impact Assessment (EIA) process, contributing to
the overall effectiveness and legitimacy of the assessment. Their involvement is essential at various stages
of the EIA process, and their major roles include:
Stakeholders assist in identifying and defining the scope of the EIA. Their input helps
ensure that all relevant environmental and social aspects are considered during the
assessment.
Stakeholders provide valuable data and information about the local environment,
community dynamics, and potential project impacts. This information exchange is
critical for producing an accurate and comprehensive EIA report.
3. Public Participation:
Stakeholders, including local communities, NGOs, and experts, have the opportunity to
review the EIA reports. They can provide feedback on the accuracy and completeness of
the assessment, identify potential gaps, and suggest additional mitigation measures or
alternatives.
5. Conflict Resolution:
Stakeholders may have conflicting interests or concerns related to the proposed project. The
EIA process provides a platform for addressing and resolving conflicts through
dialogue and negotiation, fostering a more collaborative decision-making
environment.
Decision-makers consider the views and concerns of stakeholders when making decisions
about project approval, modification, or rejection. The involvement of stakeholders
contributes to the transparency and accountability of the decision-making process.
8. Post-Approval Monitoring:
Stakeholders may continue to play a role in monitoring the project's environmental and
social performance after approval. This ongoing engagement helps ensure that the project
adheres to the proposed mitigation measures and that any unforeseen impacts are addressed
promptly.
The inclusion of stakeholders in the EIA process helps ensure that the assessment
complies with legal requirements. It also holds project proponents and decision-makers
accountable for addressing environmental and social concerns raised by stakeholders.
In summary, stakeholders in the EIA process contribute to the robustness, credibility, and social
acceptance of the assessment. Their involvement fosters a more holistic understanding of potential impacts
and facilitates the development of sustainable and socially responsible projects.
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Stakeholders play a crucial and multifaceted role in the Environmental Impact Assessment (EIA) process,
and their involvement is considered essential for several reasons:
Stakeholders bring diverse perspectives and local knowledge to the EIA process. Their
involvement ensures that a wide range of potential environmental, social, and economic
impacts are considered, leading to a more comprehensive understanding of the project's
implications.
Including stakeholders in the EIA process enhances the accuracy and credibility of the
assessment. Input from local communities, experts, and organizations ensures that the
assessment is based on real-world conditions and practical considerations.
3. Enhanced Decision-Making:
Engaging stakeholders, especially local communities, builds trust and fosters public
acceptance of the project. When stakeholders feel that their concerns are heard and
considered, it enhances the legitimacy of the EIA process and the subsequent project
approval.
6. Conflict Resolution:
Stakeholder engagement provides a platform for addressing conflicts and resolving disputes
early in the process. This helps create a more collaborative atmosphere, reducing the
likelihood of prolonged legal or social conflicts later in the project lifecycle.
The involvement of stakeholders promotes social justice and equity by ensuring that
the voices of marginalized or vulnerable groups are heard. It helps prevent the
disproportionate distribution of benefits and burdens associated with the project.
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8. Legal Compliance:
By considering the concerns and values of various stakeholders, the EIA process
contributes to the principles of sustainable development. It aims to balance economic,
social, and environmental considerations to achieve long-term benefits without
compromising future generations' ability to meet their needs.
Environmental Impact Assessment (EIA) consultants play a crucial role in assessing and mitigating the
potential environmental impacts of proposed projects. The selection and registration criteria for EIA
consultants vary by region and country, as different jurisdictions may have specific requirements.
However, there are some common elements that are often considered when selecting and registering EIA
consultants. Some General criteria that are commonly used:
2. Technical Competence:
3. Relevant Experience:
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Geographic Experience: Familiarity with the local environmental conditions and regulations
is crucial.
4. Legal Compliance:
Adherence to Standards: Ensure that the consultants follow national and international
standards and guidelines for environmental impact assessments.
5. Conflict of Interest:
Effective Communication Skills: Good communication skills are essential for conveying
complex environmental information to diverse stakeholders.
7. Quality Assurance:
Quality Management System: EIA consultants should have a quality management system in
place to ensure the accuracy and reliability of their assessments.
Peer Review: Some jurisdictions may require consultants to undergo peer review processes
to validate the quality of their work.
8. Financial Capacity:
Adequate Resources: Consultants should have the financial capacity to carry out the EIA
process, including field studies, data collection, and reporting.
9. Ethical Considerations:
Adherence to Ethical Standards: EIA consultants should adhere to ethical standards and
professional codes of conduct.
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It's important to note that specific criteria and requirements can vary, and it is advisable to refer to the
regulations and guidelines set by the relevant environmental authorities in the specific jurisdiction where
the project is located.
NRBPT
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MONISHA /AP/BT
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Contents
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MONISHA /AP/BT
PREPARED BY
KRITHIKA S/AP/BT
MONISHA /AP/BT
1.0 Introduc琀椀on
Some of the reasons for EIAs not being of required quality are:
National Registration Board for Personnel & Training (NRBPT), a constituent of Quality
Council of India, offers services for registration of Personnel and Training Courses. NRBPT
has launched the scheme for registration of EIA consultant organizations. The registration
under this criteria is based on the resources available with the organization including
technical expertise of consultant, resource persons their educational background as well as
experience and expertise. The objective is to meaningfully contribute towards improving the
NRBPT/EIA 105/October 06/Rev Page 1 of
EIAs are essentially multi-disciplinary activities where inputs are required from specialists
having knowledge of the industry for which EIAs are to be carried out as well as in
functional areas like air pollution control, water pollution control, noise and vibration,
ecology and bio- diversity, land use, ground water and hydrology, socio economy, risks and
hazard management etc. The functional area experts are expected to assess the impacts from
the proposed development / industrial activities in their respective areas of expertise and then
feed the same to the EIA Coordinator. Projects for which EIAs are required to be done can be
categorized under the following heads as given in the new EIA Notifications:
The EIA Coordinator would need to have broad knowledge about the project, as well as the
above functional areas so that he is able to correlate projected impacts, for which inputs have
been given by the various experts on the project activities, and develop an overall impact
assessment and management plan.
Keeping the above requirements in view, the EIA registration criteria have been developed as
follows:
Assessment Procedure
Assessment procedure for EIA Consultant Organization would cover the following:
Registration under this scheme is available without restriction to all applicants who satisfy the
registration requirements.
NRBPT reserves all rights to amend its registration criteria, procedures and fees etc. as it
may deem fit. Applicants are requested to refer to the updated criteria on QCI website
(www.qcin.org) before applying for their registration.
All information provided by the applicants can be verified and shared with the stakeholders
including MOEF at any stage during or after the assessment process. NRBPT reserves the
right to utilize the information provided by the applicants for legal, research, for sharing with
other IPC (International Personnel Certification Association) members or for any other
purpose as may be deemed fit by NRBPT. In case an applicant wants the information to be
kept confidential, a communication must be sent to NRBPT citing reasons for the same.
NRBPT has the right to take decision in this regard as it may deem fit.
2.0 Nomenclature/Abbrevia琀椀ons
Desk Top Review The evaluation of documentary evidence submitted by the applicant in
support of the application.
Carbon Mono
COOxide
CPCB Control Board Environmental Impact
Central Pollution
AssessmentEIA
Environmental Management Plan Environment
EMP
Management System Geographical Information System
EMS
Ground Level Concentration Impact Assessment Agency
(IAA) GIS
GLC
International Personnel Certification Association
IAA
International Organization for Standardisation
IPC
Ministry of Environment & Forests
ISO
National Accreditation Board for Testing and Calibration Laboratories
MOEF
Oxides of Nitrogen
NABL
National Registration Board for Personnel & Training
NOx
Occupational Health & Safety Management System
NRBPT
Doctor of Philosophy
OHSMS
Quality Council of India Quality Management System
Ph D
Respirable QCI
Particulate Matter Sulphur Dioxide
State Pollution
RPM
QMS Control Board (SPCB) Volatile Organic Compounds
SO2
SPCB
VOCs
3.0 Criteria
The educational background and experience of experts utilized should be commensurate with
the level of expertise required for a particular EIA project. The experts should fulfill the
following criteria-
3.2.1.1Educa琀椀onal Background
Zoology,
Geology, Agricultural Sciences etc.
b) Speci昀椀c Training
3.2.1.2Experience
3.0 Criteria
utilized by the EIA Consultant Organization for EIA studies have been
specified below.
3.2.2.1Land Use
(ii)Speci昀椀c Experience
c) Predic琀椀on of impacts
Ground level concentra琀椀ons
GLC isopleths
Worst case ground level concentra琀椀on etc.
d) Applica琀椀on of air quality model for any other purpose
Environmental Sciences
Any other subject of Natural Science viz, micro-biology, bio-
technology, bio-chemistry etc
b) Training on Impact Assessment on ecology / biodiversity from various
industrial, infrastructural and other developmental work
3.2.2.6Noise / Vibra琀椀on
3.2.2.7Socio-Economy
g) Able to communicate and get involved into social and cultural ac琀椀vi琀椀es
of local popula琀椀ons
h) Have good understanding of Socio Economic status of both tribal and
non tribal areas
a) Gradua琀椀on/Post-Gradua琀椀on/Doctorate/Equivalent in:
Geology, Hydrology, Geophysics
Environmental Science
Engineering related 昀椀elds
b) Specialied training / course on impacts on Ground Water & Hydrology
Graduation/Post-Graduation/Doctorate/Equivalent in:
Geology, Soil Science, Geophysics, Agricultural Sciences
Environmental Science
Engineering relevant 昀椀elds
Experience
For medium size projects or projects with broad environmental impacts and
may work independently after initial scoping of the work in consultation
with the EIA coordinator.
Experience
For mega/large size projects with wide and long ranging environmental
impacts. Should be able to work in his area independently and contribute
meaningfully in developing the environmental impacts from the project in
his area of expertise along with the EIA coordinator.
Experience
10 years experience in relevant area(s) as func琀椀onal expert of an EIA
prepara琀椀on team or as an independent consultant
Publica琀椀ons in Technical/Research Journals
Membership of Professional Bodies/na琀椀onal & interna琀椀onal commi琀琀ees
3.4 Facilities
The Consultant organization shall have adequate resources like office space,
equipment etc to support the scope of services being provided by the
organization. In case the Organization carries out baseline environmental data
generation in-house, then it should have adequate laboratory and field monitoring
equipment facilities (Details mentioned in Application Form)
Records
The documented procedure shall include provision for corrective and/or preventive
action to be taken if required as a result of any complaint or appeal. The procedures
shall include the potential involvement of NRBPT in unresolved complaints or
appeals.
The organization shall inform all clients of the right to make a complaint or an appeal
and shall provide written details of the process for doing so, on request.
The organization shall notify each complainant or appellant in writing of the result of
the complaint or appeal and of the right to appeal against the result to NRBPT.
The organization shall maintain records of all complaints and appeals, of their
resolution and the corrective & preventive actions taken.
3.7 Confidentiality
The organization shall have adequate arrangements consistent with applicable laws to
safeguard confidentiality of all information provided by its clients. These
arrangements shall be extended to include organizations or individuals acting on its
behalf and its representatives.
3.8 Changes
The organization shall notify NRBPT of any changes that it makes in its quality
manual, documents experts, locations etc.
NRBPT reserves the right to carry out assessment before its approval. Expenses for
this re-assessment shall be borne by the organization.
3.9.1Language
3.9.2Ini琀椀al Assessment
NRBPT shall evaluate the following documents which shall be submitted along with
the Application of Registration -
a) Details regarding the EIA Consultant Organiza琀椀on, experts to be
associated, experience and client list as per Applica琀椀on Form given in
this document
b) Copy of one EIAs carried out in preceding 2 years from the date of
applica琀椀on (EIA copy may be returned to the applicant, if so desired,
a昀琀er processing of his applica琀椀on form)
c) Quality Manual
d) The criteria for selec琀椀ng experts, procedures for assessing their
performance
e) O昀케ce administra琀椀on documents including promo琀椀onal material.
After the evaluation, NRBPT will inform the organization of the non-conformities
and/or observations, if any.
In case the organization has multiple locations, then a partial assessment of few
selected locations will be conducted by NRBPT. The choice of locations will be at the
discretion of NRBPT assessment team.
In case any corrective action is required, the organization shall make the necessary
corrections & improvements, and submit the appropriate documents within a defined
time schedule.
NRBPT/EIA 105/October 06/Rev Page 16 of
The NRBPT Registration Committee will take the decision on registration for the
organization, depending on the Assessment report.
NRBPT reserves the right to carry out more frequent or longer surveillance
as necessary in case of complaints/concerns against the organization. Cost for
the same shall be borne by the organization.
(ii) Re-assessment
NRBPT shall carry out reassessment of the office, office procedures and
documentation to verify the compliance with the NRBPT criteria after every
three years.
The organization shall apply in the requisite application form for the
reassessment enclosing the necessary papers and the fee.
3.11 Appeals
An appeal against NRBPT shall be made in writing to the Board Chairman. An
Appeals Committee will be constituted out of the Board Members to resolve the
issue.
All consultants are obliged to improve the standing of the consultancy profession by
rigorously observing the Code of Conduct. Failure to do so may result in suspension or
withdrawal of registration.
c. To avoid and / or declare any con昀氀ict of interest that may a昀昀ect the work to be
carried out.
Annexure - I
Personal A琀琀ributes of the EIA Coordinator & Func琀椀onal
Area Experts
Desirable personal attributes for EIA Coordinators and Functional Area Experts are as
follows :
Annexure - II
Additional Documents
All the following documents are subject to revision therefore; applicants are requested to
verify the issue status. They should also refer to-
Annexure - III
Typical Processing Cycle of Applica琀椀on
Receipt of Application
Administrative Verification of
Completeness of Documents
Return of Application
for completing the
application within 30 days
of the date of initial Not Result of
application or else Verification
Complete
closure of the application
Complete
Appointment of
NRBPT Assessors
Technical Evaluation of
Documents
by NRBPT Assessors
Office assessment by
A
NRBPT Assessors
Note
In case of disagreement on the recommenda琀椀ons, decision of NRBPT Registra琀椀on Commi琀琀ee
will be 昀椀nal and binding on the applicant.
Annexure - IV
Applica琀椀on Form for EIA Consultant Organiza琀椀ons
(Kindly attach separate sheets if necessary for more information)
DD MM YY
6. Annual Turnover of the organiza琀椀on (a琀琀ach balance sheet and IT returns for the last
3 years)
7. Technical Exper琀椀se (Full 琀椀me and/or empanelled) available with the organiza琀椀on
(a琀琀ach CVs and the declara琀椀on of experts/coordinator of their associa琀椀on signed
within 31 days preceding the date of applica琀椀on for registra琀椀on with NRBPT)
EIA Coordinator
(as per Section 1, Clause B & C of this document)
Functional Expert/s
(as per Section 1, Clause B & C of this document)
a) Land Use
h) Socio Economy
i) Geology & Soil
j) Risk & Hazards Management
k) Others (Please specify)
8. How do you get 昀椀eld monitoring done to generate baseline environmental data
a) If in-house arrangement then, furnish details of Field Monitoring & Laboratory
Equipment (Indicate Make and Number of the Equipment) and Laboratory Sta昀昀
9. What type of quality control measures you adopt to ensure genera琀椀on of reliable
baseline data?
Water environment
Noise environment
Any other
11.2 Provide a brief note on the projects along with details of the capital
investment in di昀昀erent sectors
Industry
Mining
Power Plants
11.3 A琀琀ach copies of work order and comple琀椀on cer琀椀昀椀cate issued by the
clients in support of above.
11.5 Number of EIA studies presented before the expert commi琀琀ee in MoEF,
Delhi.
11.6 EIA studies accorded clearance by MoEF, Delhi & number of presenta琀椀ons
for each EIA clearance
11.7 Copy of one EIA prepared by you in preceding two years from the date of
applica琀椀on
12. Please 琀椀ck the project sector/s for which you are seeking registra琀椀on with NRBPT
a) Industry
b) Mining
c) Power Plants
d) Hydro Electric
e) Mul琀椀-purpose Irriga琀椀on
f) River valley projects
g) Ports & Harbors
h) Infrastructure and Urban Development & Misc. Projects.
13. Declara琀椀on
We have carefully read all NRBPT guidelines for registration of EIA Consultant
organization. We confirm that the information provided in the application in support
of the application are correct to the best of our knowledge.
We authorize NRBPT to make any enquiry as deemed fit as part of the reviewing
process. We understand that in case any information is found to be incorrect, it may
result in rejection of this application and/or disqualification. We authorize NRBPT to
utilize the information provided in this application for legal, research, training,
sharing with other IPC members and/or for any other purpose as may be deemed fit
by NRBPT.
Signatures
Name
Designation
Date
Annexure - V
Declara琀椀on of EIA coordinator/ Func琀椀onal Area Expert of their associa琀椀on
(to be signed within 30 days preceding the date of application for registration)
This is to confirm that I have been/am involved with the following EIA projects:
Role in EIA Development
Project details Func琀椀onal Area / EIA EIA Coordinator / Functional Area
S.No. development Project Sector
Coordinator (of Signatory) Expert (Level I, II, III)
Name
Signatures
Dated
NRBPT
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