Important Note: This is a personal view. Data and organisational names are based on the personal view of the writer. This is to be taken as an essay.
Introduction:
The main objective of the Board is the correct implementation of the arrangements of various ecological legislation, alerts, orders and office memorandums published by the Government of country (e.g. India ) and the Government of State. It is likewise to make sure that these are within the territorial jurisdiction of the state Bengal Government. Its ultimate objective is to supply a cleaner and greener environment for the people of this state now and in the future. This should continue to be the main focus of the board.
Pollution Control Board and Public Institution:
The board however can not do this alone. The efforts of all public and private sector institutions within the state have to be integrated to achieve this goal. The state government and the institutions of higher education have to bring the problem to their attention. The institutions of the public and private sector within the state should acknowledge the problem. It should be with a view for integrating the said institution with the sustainable development mission of the state.
Inclusion of Education Institutions in the mission:
There is a need to bring a new set of stakeholders into the sustainable development mission of the state. It is also a need to include the educational institutions that teach the people of the state. It is required in order to bring them into the fold of the said mission. The institution should be included in the environmental impact assessment. It should be done before the construction of any new institution. The institution should be an active partner in pollution assessments.
Institution Should join hands with Ministry of Environment:
In fact, the institution should initiate environmental assessments to join hands with the ministries of environment and forestry, natural resources and land use planning departments. In addition, the institution, especially the higher education institutions, should be involved in conducting periodic reviews and analyses. They should carry out the analysis taking the information from the said departments.
Role of Controlling authority of a University:
In the present case, the Board of Governors of the university of a city (e.g. Kolkata) in cooperation with the ministries of environment and forestry, environment and natural Resources and Land Use Planning Department should initiate an environmental impact assessment before starting any new institution. The board should be an active partner in conducting the impact assessments especially the last review being the final impact assessment and report. The institution should incorporate the rules and regulations of the Forest Stewardship Council (FSC) as an essential element of its efforts for the conservation of wildlife and ecosystems. The institution has to initiate the implementation of the FSC's Agrarian Greenhouse Gas Protocol and its national rules and regulations of the FSC.
The institution has to participate in all regional and national schemes for the conservation of water. The institution should conduct annual self-assessments in order to meet the needs of the institution and the community (including the institution's faculty and staff). The institution has to report the results of the annual self-assessments to the relevant authorities in accordance with all water management plans.
Planned activities should be reported to the local government:
The institution has to coordinate with all relevant authorities including the ministry of land use planning and all relevant ministries, commissions and councils in order to carry out the planned activities of the institution. In the process, the institution should participate and coordinate with the local organs of local self-government and the institutions of higher education and with other institutions that are crucial for the cultural and human life of the community and the region.
The institution should initiate the implementation of all local rules and regulations regarding the activities carried out by its members.
International Protocols should be taken care into account:
The institution should be a party to all relevant international protocols and agreements relating to environmental management and management of the ecosystems, natural reserves, conservation and protection of wildlife. The institution should initiate the implementation of the relevant protocols and agreements.
Role of Higher Education Institutions:
The institutions of higher education and their staff should have a firm understanding of the institution's responsibilities and rights concerning the management of the environment. The institutions should have an annual environmental risk assessment (AR) and an annual emergency preparedness plan (EPA). The AR and the EPA shall be developed jointly by the higher education institution and higher education authorities.
Annual Environmental Assessment
In the framework of the annual environmental assessment, the institution shall have to present an overview of all areas of environmental risk and evaluate its impact on the institution's activities. The institution shall have to report the results of the annual AR together with the results of the annual environmental risk assessment to the higher education authorities. The higher education authorities shall in turn have to report the results of the annual AR and the results of the annual EPA together with the results of the annual AR and EPA to the ministry of land use planning within the preceding calendar year.
It shall be forbidden for any institution of higher education and higher education personnel to carry out any activity that may affect the integrity or the function of the institution and its autonomy.
If any institution of higher education and its staff violate any provision of the environmental management law or of the regulations issued for its autonomy or environmental sustainability, such violation shall be punishable as the violation of a law and shall be punishable as the serious offence with a jail term of not less than three months nor exceeding five years or a fine.
The higher education authorities shall have to coordinate and supervise the universities and higher education institutions. The higher education authorities shall have to ensure that the universities and higher education institutions comply with the law regarding the EPA.
The higher Institutions must be also supported by the Government and not be a barrier:
The universities and higher education institutions shall be allowed to hold activities that comply with the law regarding the EPA and shall be supported, provided and managed, in particular, by the higher education authorities, the ministry of land use Planning, and local authorities.
The rule for an individual of an Institution:
If any university or higher education institution and its faculty or staff violates any provision of the law regarding the EPA and causes detriment to the higher education or the higher education institution, such faculty or staff shall be punishable as the serious offence with a jail term of not less than three months nor exceeding five years or a fine. Such faculty or staff shall be punishable by any means of disciplinary or legal action, in particular by demotion or dismissal.
This provision is intended to enable universities to carry out research without fear of being restricted by environmental restrictions.
The current wording of the law is more restrictive than the final version that was promulgated. The final version leaves room for interpretation. If the final version is interpreted to allow colleges to conduct activities that comply with the law, this will be read as a green light to colleges to carry out greenfield research.
The current wording means that any action that affects the institution's integrity or the institution's autonomy is deemed to be an offence. This means that an institution may be penalized only after it is proven that it has broken the law and that it knew that it was violating the law and engaged in such activity knowing that it was prohibited.
On the other hand, the original wording was much more restrictive. Any action that affects the competency of the institution or its capacity to conduct the research is deemed to be an offence. This would render moot all appeals that environmental issues would ordinarily be raised.
In short, the proposed amendment will allow universities to engage in all activities that comply with the law regarding the EPA and will severely restrict activities that would have been permitted.
So, if an institution decides to pursue a greenfield activity, the institution must now ensure that it has the appropriate risk assessment, mitigation and control plan in place, with the assistance of an environmental law firm that fully understands the relevant environmental laws and regulations.
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