West Bengal installation rules

1.       Mobile tower installation rules.
Regulations regarding Mobile Telephony Towers issued by Environment Department, Government of West Bengal from time to time.
No. EN/939/T-IV-1/001/2006                                                                                  Dated: April  24th. , 2008.

O R D E R

                 WHEREAS, the Department of Environment, Government of West Bengal, is entrusted to protect environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creates, plants micro-organism and property within the territorial jurisdiction of West Bengal ;

                 AND WHEREAS  the  Department of Environment, Government of West Bengal, is empowered under Environment (Protection) Act, 1986 and Rules made thereunder for imposing restrictions upon the industries, operation or process for maintaining safeguard of the environment and also entrusted for laying down procedure for the prevention of environmental hazards.

                 AND WHEREAS  the Department of Environment has received number of complaints regarding indiscriminate installation of mobile towers in residential and school building and after necessary technical scrutiny and after considering different technical papers, it is observed that overwhelming increase in the number of  installation of mobile towers even on residential buildings, schools, hostels and hospitals and such installations have a harmful electro magnetic radiations ;

                 AND WHEREAS  it is observed that in New Delhi, Principal Secretary, Health and Family Welfare had already issued a circular in respect of guideline for installation of the mobile towers ;

                 HENCE, in exercise of the powers conferred under Environment (Protection) Act, 1986 and rules made thereunder, all mobile phone service providers are hereby directed to follow the following guidelines strictly at the time of installation of the mobile towers.

Installation of Base Station Antennas within the premises of schools and hospitals may be avoided because children and patients are more susceptible to Electro Magnetic Field.
Installation of Base Station Antennas in narrow lanes should be avoided in order to reduce the risks caused by any earth quake or wind related disaster.

The Base Station Antennas should be at least 3 m away from the nearby building and antennas should not directly face the building. Further, the lower end of the antenna should be at least 3 metre above the ground or roof.

In case of multiple transmitter sites at a specific locality sharing of a common tower infrastructure, should be explored, as far as possible, which can be coordinated through a nodal agency.

Access to Base Station Antenna sites should be prohibited for general public by suitable means such as wire fencing, locking of the door to the roof etc. Access to tower site, even for the maintenance personnel, should be for a minimum period as far as possible.

Sign boards/Warning Signs are to be provided at Base Station Antenna sites which should be clearly visible and identifiable. A warning sign should be placed at the entrance of such zone.

The “Warning Sign” should discourage longer stay in the zone, even for the maintenance personnel. The sign board may contain the following text :

Danger ! RF radiations, Do not enter !
Restricted Area.

The operators and maintenance personnel, who are dealing with radio frequency devices, specially with Base Station Antennas installed on towers and at any other outdoor sites, should be protected from electromagnetic radiations. It is required that operators and maintenance personnel should be educated for possible hazards from these devices.

All local authorities are also requested that before giving any permission for installation of the mobile towers aforementioned guidelines should be consider.
In case of non-compliance of the aforementioned directions, regulatory order will be issued in accordance with law.

By Order,
                                                                                                          Sd/-
                                                                                                                          ( M. L. Meena )                                                                                                                                                                                     Principal Secretary,
                                                                                                              Department of Environment


No. EN/1476/T-IV-1/001/2006                                                                                           Dated: 10-07-2008.

CIRCULAR
      
               WHEREAS Department of Environment, Government of West Bengal, already issued a Circular to all the local authorities i.e. Corporations, Municipalities and Gram Panchayats under Memo No. EN/939/T-IV-1/001/2006 dated 24-04-2008, mentioning thereto that at the time of giving permission for installation of mobile tower by the local authorities, the guideline of the Department of Environment should be followed.

               AND WHEREAS it is reported to the Department of Environment that some of the municipalities and gram panchayats have been refusing to give permission for installation of mobile towers on the plea that such units will have to obtain `No Objection Certificate’ from the West Bengal Pollution Control Board.

               AND WHEREAS after careful consideration once again it is reiterated that environment clearance from the West Bengal Pollution Control Board for the installation of the mobile tower is not require as the local authority and the panchayats are already empowered and entrusted under the law to give permission for installation of mobile tower subject to maintaining the guidelines issued by the Department of Environment.

              HENCE, all Municipal and Panchayat authorities are now hereby instructed to give necessary permission for installation of mobile towers maintaining the guideline of the Department of Environment.

               This is as per the approval of the Principal Secretary, Department of Environment, Government of West Bengal.
                                                                                       By Order,
                                                                                           Sd/-
                                                                              ( Biswajit Mukherjee )
                                                                                Chief Law Officer
                                                                          Department of Environment




No. EN/1476/T-IV-1/001/2006                                                                                           Dated: 10-07-2008.

CIRCULAR
      
               WHEREAS Department of Environment, Government of West Bengal, already issued a Circular to all the local authorities i.e. Corporations, Municipalities and Gram Panchayats under Memo No. EN/939/T-IV-1/001/2006 dated 24-04-2008, mentioning thereto that at the time of giving permission for installation of mobile tower by the local authorities, the guideline of the Department of Environment should be followed.

               AND WHEREAS it is reported to the Department of Environment that some of the municipalities and gram panchayats have been refusing to give permission for installation of mobile towers on the plea that such units will have to obtain `No Objection Certificate’ from the West Bengal Pollution Control Board.

               AND WHEREAS after careful consideration once again it is reiterated that environment clearance from the West Bengal Pollution Control Board for the installation of the mobile tower is not require as the local authority and the panchayats are already empowered and entrusted under the law to give permission for installation of mobile tower subject to maintaining the guidelines issued by the Department of Environment.

              HENCE, all Municipal and Panchayat authorities are now hereby instructed to give necessary permission for installation of mobile towers maintaining the guideline of the Department of Environment.

               This is as per the approval of the Principal Secretary, Department of Environment, Government of West Bengal.







Department of Environment

Government of West Bengal

Writers' Buildings, “G” Block, (2nd. Floor),

Kolkata-700 001.

                                       
                                                          
No. EN/ 2879/T-IV-1/001/2006                                                                                Dated: November 12th. 2009.

D I R E C T I O N

              WHEREAS, Department of Environment is entrusted to curb and mitigate pollution problem in the State of West Bengal along with West Bengal Pollution Control Board (hereinafter will be referred to as the `State Board’).

              AND WHEREAS Department of Environment is receiving number of complaints in respect of pollutional problem generated from the Diesel Generator Set specially installed by the mobile tower company and also by the different entrepreneurs for the purpose of generating electricity.

              AND WHEREAS it is observed that due to use of generator by the mobile tower company a large number of people are affecting from the air pollution and noise pollution and therefore, it is necessary to control the pollution from the sources.

              AND WHEREAS in the market battery is available which can easily  substitute the diesel generator set and use of battery set for the mobile tower will definitely reduce the pollutional load and also relieve the surrounding people from the suffering of air pollution and noise pollution.

              HENCE, in exercise of the powers conferred under Section 18 and 19 of the Air (Prevention & Prevention & Control of Pollution) Act, 1981 and rules made thereunder, the following directions are being issued for implementation:-

·         The new up-coming all mobile tower companies should not install any diesel generator set for their captive power required during load shedding and they are at liberty to use battery for obtaining power during load shedding period and where electricity is not available, in such area the solar power or battery power should be used for the new upcoming mobile tower centres ;
·         The mobile tower company should also ensure that wherein Diesel Generator Set has already been installed in such case the same may be substituted by battery or by the solar system for obtaining power within May, 2010.
·         The State Board should not issue any `Consent to Establish’ and `Consent to Operate’ to use diesel generator set for mobile tower centre further and also give necessary direction to switch over all Diesel Generator Set already installed by the mobile tower companies maintaining the aforementioned directions i.e. to convert into battery system or solar system within May, 2010.

It is further ordered that in case of non compliance of the aforementioned directions by the mobile tower companies, necessary legal action will be taken as per provision of the Air (Prevention & Control of Pollution) Act, 1981 and Rules made thereunder and also the Diesel Generator Set may be confiscated in accordance with law.

This order will take immediate effect. 
                                                                 By Order,         

                                                                                                Sd/-
                                                                                                                                       ( M. L. Meena )
                                                                                                                                          Principal Secretary,
                                                                                                         Department of Environment



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