Environmental act and legislation

INTRODUCTION
India has worlds largest democracy with
population of 1.1 billion. It is diverse
country with number of languages,
religions, cultures etc.During the past
decades also the economic and industrial
growth of the country has been extremely
fast.
Increasingly serious environmental
degradation events during the last century
have given a strong impetus to the need for
taking effective steps of environmental
protection.
Environmental protection law
in india
Constitution of india has a number of
provisions demarcatings the
responsibility of the central and
state/governments towards
environmental protection. The
constitution of india makes provision for
environmental protection in the
chaptersa on:
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
The parliament of india has passed
several acts ands laws in order to protect
the environment.

Features and objectives of the
Act
The Environment (Protection) Act, 1986
(passed in March 1986 and came into
force on 19 Nov. 1986).
1. The E.P. Act was enacted under Art.253
of the Constitution of India.

The Act seeks to supplement the existing
laws on control of Pollution by enacting a
general legislation for environmental
protection and to fill the gaps in
regulations relating to major
environmental hazards.



Contd..
The Act makes the central government,
the repository of wide powers.
(whereas the Water (Prevention and
Control of Pollution) Act, 1974 and the
Air (Prevention and Control) Act, 1981
entrust the task of control of pollution on
agencies created by the statute namely
state and central pollution control
boards.)

Rule making power of the Central Govt.
is the main feature of this Act.





Contd.

The objective of the E.P. Act is much
wider in comparison to water Act and Air
Act.
(While the Air Act and Water Act deal
with prevention and control of specific
kinds of pollution, the E.P. Act deals with
prevention and control of all sorts of
pollution.
Besides prevention and control, the Act
aims at protection and improvement of
the Environment.

Scheme of the act
The Act consists of
(a) 26 Sections divided into four chapters.

Chapter I Secs. 1 and 2 (PRELIMINARY)
Chapter II Secs. 3 to 6 (GENERAL POWERS OF THE
CENTRAL
GOVERNMENT)
Chapter III Secs. 7 to 17 (PREVENTION, CONTROL, AND
ABATEMENT OF ENVIRONMENTAL POLLUTION)
Chapter IV Secs. 18 to 26 (MISCELLANEOUS)

(b) Seven Schedules dealing with emission
standards of air, noise, effluents etc. have been
appended to the Act.
(c) Various Rules Including Environment
(Protection) Rules have been framed under the
Act

Environment Pollution -
Meaning
Sec. 2 ( a ) of the Act defines the term
Environment. Environment includes
water, air and land and the inter-
relationship which exists among and
between water, air and land, and
human beings, other living creatures,
plants, micro-organism and property.


Contd.
Sec. 2 (b) defines Environmental
Pollutant:
environmental pollutant" means any
solid, liquid or gaseous substance
present in such concentration as may
be, or tend to be, injurious to
environment.

Contd.
Sec. 2 (c) defines environmental
pollution:
"environmental pollution" means the
presence in the environment of any
environmental pollutant
General Powers of the Central
Government
1. To take all necessary measures for
prevention, control and abatement of
environmental pollution. Sec. 3(1)
2. such measures are enlisted in sec.
3(2)
3. Authorities can be constituted . Sec.
3(3)
4. Appointment of Officers. Sec. 4
5. To issue Directions and orders. Sec.
5


Section 3 - POWER OF CENTRAL GOVERNMENT
TO TAKE MEASURES TO PROTECT AND
IMPROVE ENVIRONMENT


(1) Subject to the provisions of this Act, the
Central Government, shall have the power
to take all such measures as it deems
necessary or expedient for the purpose of
protecting and improving the quality of the
environment and preventing, controlling and
abating environmental pollution.

(2) In particular, and without prejudice to the
generality of the provisions of sub-section
(1), such measures may include measures
with respect to all or any of the following
matters, namely:--

Contd.
(i) co-ordination of actions by the State
Governments, officers and other authorities-

(a) under this Act, or the rules made
thereunder, or
(b) under any other law for the time
being in force which is relatable to the
objects of this Act;

(ii) planning and execution of a nation-wide
programme for the prevention, control and
abatement of environmental pollution;
Contd..
(iii) laying down standards for the quality of
environment in its various aspects;
(iv) laying down standards for emission or
discharge of environmental pollutants from
various sources whatsoever;
(v) restriction of areas in wchich any
industries ,operations or processesor class
of industries ,opertaions or processes shall
not be carried out or shall be carried out
subject to certain safeguard;
(vi) laying down procedures and
safeguards for the prevention of
accidents which may cause
environmental pollution and remedial
measures for such accidents;
(vii) laying down procedures and
safeguards for the handling of
hazardous substances;
(viii) examination of such
manufacturing processes, materials
and substances as are likely to cause
environmental pollution;
(ix) carrying out and sponsoring
investigations and research relating to
problems of environmental pollution;



Water prevention and
pollution control act
It was a shame on us that we the people of
India had to legislate an act for preventing
and controlling pollution of WATER by our
own countrymen.
The law of the land can not provide non
contaminated Milk to the children; can not
provide non contaminated eatables to the
people of India and not even pure water.
Shame on the regulators who for their
greed for money let the enemies of
common man of India, to pollute the water
of Rivers and streams.
Shame on Indian Industrialists and
municipalities which discharge untreated
water in the Rivers.
Is this the Indian Culture? We have not
prosecuted the offenders of the acts for
polluting our sacred Rivers.

The Water (Prevention and
Control of Pollution) Act, 1974
The need for legislating the act was felt in the
year 1962, it was the same year when
Independent India fought its first war with
China. A committee was set up in 1962 to
draw a draft enactment for the prevention of
water pollution.
The object for legislating the act was given as
It is, therefore, essential to ensure that the
domestic and industrial effluents are not
allowed to be discharged into the water
courses without adequate treatment as such
discharges would render the water unsuitable
as sources of drinking water as well as for
supporting fish life and for use in irrigation.
Pollution of rivers and streams also causes
increasing damage to the countrys
economy.

Pollution defined in the
Act
It means such contamination of water or such alteration of
the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may, or is likely to, create
a nuisance or render such water harmful or injurious to
public health or safety, or to domestic, commercial
industrial agricultural or other legitimate uses, or to the life
and health of animals or plants or of aquatic organisms.
(section 2(e) of the Act)

Some water pollution pics
Meetings of the Board
A board shall meet at least once in every
three months and shall observe such
rules of procedure in regard to the
transaction of business at its meeting as
may be prescribed.
Provided that if, in the opinion of the
Chairman, any business of an urgent
nature is to be transacted, he may
convene a meeting of the Board at such
time as he thinks fit for the aforesaid
purpose
Powers and Duties of the
Member Secretary of the
Board
Member Secretary of a Board is the
only member of the Board who is
appointed and not nominated by the
State Government.
He is the only one who has to be full
time Member of the Board.
He is the only one whose term as a
member of the Board is not fixed for
three years.
The terms and conditions of service of
the Member-Secretary has to be
prescribed by the State Government.


Prohibition on use of stream
or well for disposal of
polluting matter, etc;
There are prohibitions on the persons against
causing or permitting any poisonous, noxious or
polluting matter for entering whether directly or
indirectly into any stream or well or sewer or on
land, above than the standards laid down for the
same. [section 24(1)(a)]
The prime object of the Act as declared in the
preamble and embodied in the provisions of
Section 24 is to provide for prevention and
control of water pollution and the maintaining
and/or restoring of wholesomeness of water.
Therefore, provisions ar made to prevent
direct or indirect entry into any stream, well
or polluting water.( Dahyathai Soanki v. State of
Gujrat, 2003 Cr. L. J. 767 at p. 772)
Penalty and procedure
Whoever fails to comply with any directions given
under sub section (2) or sub section (3) of
Section 20 within such time as may be specified
in the direction shall, on conviction, be
punishable with imprisonment for a term which
may extend to three months or with fine which
may extend to ten thousand rupees or with both
and in case the failure continues, with an
additional fine which may extend to five thousand
rupees for every day during which such failure
continues after the conviction for the first such
failure.
If the failure referred above continues beyond a
period of one year after the date of conviction,
the offender shall on conviction be punishable
with imprisonment for a term which shall not be
less than two years but which may extend to
seven years and with fine.


The Air (prevention and
control of pollution) Act, 1981
The presence in air, beyond certain
limits, of various pollutants
discharged through industrial
emission and from certain human
activities connected with traffic,
heating, use of demestic fuel,
refuse incinerations, etc; has a
detremental effect on the health of
the people as also on animal life,
vegetation and property.
The Central Government
legislated the bill to implement the
decisions taken regarding the
preservation of the quality of Air
and control of air pollution, in
Stockholm in the United Nations
Conference on the Human
Environment, held in June, 1972.
(source Gazette of India,
Extraordinary, Pt. 11, Sec. 2,
dated the 24
th
November, 1980)

Definitons
Air pollutant means any solid, liquid or gaseous
substance including noise present in the atmosphere in
such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or
property or environment.
Approved appliance means any equipment or gadget
used for the burning of any combustible material or for
generating or consuming any fume, gas or particulate
matter and approved by State Board for the purpose of this
Act.
Approved fuel means any fuel approved by the State
Board for the purposes of this Act.
Chimney includes any structure with an opening or outlet
from or through which any air pollutant may be emitted.
Control equipment means any apparatus, device,
equipment or system to control the quality and manner of
emission of any air pollutant and includes any device used
for securing the efficient operation of any industrial plant.


Bodies constituted to enforce
the Act
Central Pollution Control Board constituted
under section 3 of the Water (Prevention
and control of Pollution) Act, 1974 was
authorized to exercise the powers and
performs the functions for the prevention
and control of air pollution.
State Pollution Control Boards constituted
under section 4 of the Water (Prevention
and control of Pollution) Act, 1974 was
authorized to exercise the powers and
performs the functions for the prevention
and control of air pollution
Function of central board
The main functions of the Central Board is to
improve the quality of air and to prevent, control
or abate air pollution in the country
Advice the Central Government on any matter
concerning the improvement of the quality of air
and the prevention, control or abatement of air
pollution.
Provide technical assistance and guidance to
the State Board, carry out and sponsor
investigations and research relating to problems
of air pollution and prevention, control or
abatement of air pollution.
Perform such of the functions of any state
board as may be specified in an order made
under sub-section 2 of section 18
lay down standards for the quality of air.
Collect and disseminate information in respect
of matters relating to air pollution.

National Minimum
Standards for Air Quality
The new National Minimum standards for
Air Quality has been notified by the CPCB
under sub-section (2)(h) of section 16 of the
Act on 18
th
November 2009, and has been
made effective from that date, for whole of
India
In the new notification only two categories
of area has been created Eco Sensitive
Areas (notified by Central Government)
and non Eco Sensitive Area.

Some pics of air
pollutants
Due to industries
Standards for Emissions of
air pollutants
Till The Environment (Protection) Act, 1986
was legislated by the Parliament of India,
the State Boards were having powers to lay
down the standards for air pollutants to be
discharged in the atmosphere, under clause
(g) of sub-section (1) of Section 17.
Since 1986, Central Government has been
issuing Standards for Emissions under the
provisions of Environment protection Act
and its Rules. These standards has been
specified in schedule 1 to VI of the
Environment (Protection) Rules 1986.
Central Board or State Boards may specify
more stringent standards than those
specified in schedule 1 to VI of the EP
Rules.

ATTENTION
The Air Act is a beneficial legislation
which is enacted for the purpose of
proper maintenance of nature and
health of public at large. Hence, even
if it is possible to have two opinions on
the construction of the provisions of
the Act, the one which advances the
object of the Act and is in favour of the
people at large for whose benefit the
Act is Passed, has to be accepted.
(AIR 2005 S.C. 3136)

Few words
We really thank everyone of you who
have given his or her little time to view
this presentation and request that an
immediate action be taken if you are an
authority to do so or must write to
Ministry of Environment and Forests for
taking action till it is too late.
This ppt was prepared with the sincere
guidance of respected

Thank you