POLLUTION CONTROL

ACT
BY
K.HEMA ANANDHY,
M.Sc Nursing

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CONTENTS:
History
Definitions
Classification of pollution
The Air(prevention and control of pollution) act,1981
The water(prevention and control of

pollution)act,1974
The environment protection act,1986
References
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HISTORY:
In the decade of seventy, for the first time the attention of the world
was drawn towards the environment.
In the year 1972 under the auspices of U.N.O. a conference was
held at Stockholm known as Stockholm conference on
Environment and Developmant-1972.
Government of India participated in the conference and strongly
voiced the environment concerns.
Mrs.Indira Gandhi, THE PRIME MINISTER of India, declared a
remarkable environmental policy for India.
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With the increasing industrialization the problem of air pollution has

began to be felt in the country.
The presence in air, beyond certain limits of various pollutants discharged
through emission and from certain human activities concerned with
traffic, heating use of domestic fuel,refuse,incinerations etc. has a
harmful effect on the health of the people.
Indians realized that the haphazard industrialization and unplanned
development had resulted pollution of air, water and the exhaustion of the
irreparable natural wealth.

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Environmental legislation at present are as follows:

1.The Indian Forests Act,1972
2. The Atomic Energy Act,1962
3. The Factories Act,1948
4. The Insecticides Act,1968
5. The wild life (protection) Act,1972
6. The Water (Prevention and Control of Pollution)Act,1974,1977
7. The Forest (Conservation)Act,1980
8. The Air (Prevention and Control of Pollution)Act,1981
9. The Environment(protection) Act,1986
10. The Motor Vehicles Act,1988
11. The National Environmental Tribunal Act,1995
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DEFINITIONS :
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;
environmental pollutant means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be,

injurious to environment;
environmental pollution means the presence of any

environmental pollutant in the environment;

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 pollution means such contamination of water or such alteration of

the physical, chemical or biological properties of water or such

discharge of an sewage or trade effluent or of any other liquid, solid
or gaseous substance in to water as may render such harmful or
injurious to public health or safety .
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 environments.
Air pollution means the presence of any air pollutant in the

atmosphere.

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Classification of pollution:
Pollution
By Activity
polluted
Natural pollution

Earthquakes
Flood
Draught
Cyclone
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By the object which is

Artificial pollution
depending upon human
activity and industrial
operation

Air pollution
Water pollution
Food pollution
Noise pollution
Land pollution

Air (prevention and control of pollution) act,1981

In order to prevent and control pollution of air parliament
passed a law in the year 1981 and which came in to force on
30-3-1981.The act provide to preserve the quality of air and to
control air pollution.
Amendments were made in this act in the year of 1987,1988.

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CENTRAL AND STATE BOARDS FOR THE

PREVENTION AND CONTROL OF AIR
POLLUTION:

The Central Board for the Prevention and Control of

Air Pollution constituted under the Water (prevention
and control of pollution) Act, 1974 shall also exercise
the powers and perform the functions of the Central
Board for the Prevention and Control of Air Pollution
under this Act.
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Constitution of central board for air pollution control:

(a) A Chairman, having a special knowledge or practical experience

relating to environmental protection, to be nominated by the central

Government.
(b) Officials, not exceeding five to be nominated by the central
Government.
(c) Not more than five members to be nominated by the central
Government from amongst the members of the state boards of
whom not exceeding two shall be from amongst the members
representing local authorities within the states.
(d) Two persons to represent the companies or corporation owned,
controlled by central Government to be nominated by the central
Government. .

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Constitution of State board for air pollution control:

(a) A Chairman, having a person having special knowledge or practical
experience relating to environmental protection, to be nominated
by the State Government.
(b) Officials, not exceeding five, as the State Government may think fit,
to be nominated by the State Government to represent that
government.
(c) Such number of persons, not exceeding five to be nominated by the
State Government from amongst the members of the local authorities
functioning within the State.

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(e) Two persons to represent the companies or corporations owned,

controlled or managed by the State Government, to be nominated by
that Government.
The State Government shall ensure that not less than two of the

members are persons having special knowledge or practical

experience relating to the improvement of the quality of air or the
prevention, control of air pollution.

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Terms and conditions of service of

members(Central and State):
A member of a State Board constituted under this Act, other than the

member-secretary, shall hold office for a term of three years from the
date on which his nomination.
A member of a State Board other than the member- secretary, may at

any time resign his office by writing under his hand addressed,A) In the case of the Chairman, to the State Government.
B) In any other case, to the Chairman of the State Board.

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A casual vacancy in a Board shall be filled by a fresh

nomination and the person nominated to fill the vacancy shall

hold office only for the remainder of term.
A member of the board may be removed before the expiry of

the office either by central or state government as the case may

be after giving him a reasonable opportunity of showing cause
against him.
A member of a State Board constituted under this Act shall be

eligible for re-nomination.

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Disqualifications:
(1) No person shall be a member of Board who

(a) is of unsound mind and has been so declared by a competent

court,
(b) is, or has been, convicted of an offence which, in the opinion
of the State Government, involves moral baseness.
(c) is, or has been, convicted of an offence under this Act,
(d) has directly or indirectly any share or interest in any Firm or
company carrying on the business of manufacture, sale, or hire
of machinery, industrial plant, control equipment or apparatus
for the improvement of the quality of air or for the prevention,
control of air pollution.
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(e) is a director or a secretary, manager or other salaried officer or

employee of any company or firm having any contract with the
Board, or with the Government constituting the Board or with a
local authority in the State, or with a company or corporation
owned, controlled or managed by the Government, for the
carrying out of programmes for the improvement of the quality
of air or for the prevention, control of air pollution.
A member who has been removed because of disqualification,
shall not be eligible for renomination as a member.

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FUNCTIONS OF BOARDS
Functions of Central Board:
(a) advise the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control
of air pollution;
(b) plan a nation-wide programme.
(c) co-ordinate the activities of the State Board.
(d) provide technical assistance and guidance to the State
Boards.
(e) plan and organise the training of persons engaged or to be
engaged in programmes.

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(g) its fun Collect, Compile and Publish technical and statistical data
relating to air pollution for its effective prevention and control of air
pollution.
(h) Lay down standards for the quality of air.
(i) Collect and Disseminate information in respect of matters relating to
air pollution.
(j) perform such other functions as may be prescribed.
(k) The Central Board may establish or recognise a laboratory or
laboratories to enable the Central Board to perform actions under this
section efficiently.
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(g) Collect, Compile and Publish technical and statistical data relating to
air pollution for its effective prevention and control of air pollution.
(h) Lay down standards for the quality of air.
(i) Collect and Disseminate information in respect of matters relating to
air pollution.
(j) Perform such other functions as may be prescribed.
(k) The Central Board may establish or recognise a laboratory or
laboratories to enable the Central Board to perform its functions under
this section efficiently.

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Functions of State Boards:

(a) To plan a comprehensive programme for the prevention of air
pollution.
(b) To advise the State Government on any matter concerning the
prevention, control of air pollution;
(c) To collect and disseminate information relating to air pollution;
(d) To collaborate with the Central Board in organising the training
of persons engaged or to be engaged.
(e) To inspect any control equipment, industrial plant or
manufacturing process and to give order such directions to such
persons to take steps for the prevention, control air pollution.
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(f) To inspect air pollution control areas to assess the quality of air and
take appropriate steps.
(h) To advise the State Government with respect to the suitability of
any premises or location for carrying on any industry which is likely
to cause air pollution.
(i) To Perform such other functions as may be prescribed by the Central
Board or the State Government.
(j) A State Board may establish or recognise a laboratory or
laboratories to enable the State Board to perform its functions under
this section efficiently

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PREVENTION AND CONTROL OF AIR

POLLUTION:
The act gives the following power:
(1) Power to declare air pollution control areas
(A)The State Government may, after consultation with the State Board, by
notification in the Official Gazette declare any area or areas within the
State as air pollution control area or areas.
(B) The State government may(a) alter any air pollution control area whether by way of extension
or reduction.
(b) declare a new air pollution control area in which may be merged
one or more existing air pollution control areas or any part or
parts
thereof.
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(2)Power to give instructions for ensuring standards for emission

from automobiles.
(3) Restrictions on use of certain industrial plants.
no person shall, without the previous consent of the State Board,
establish or operate any industrial plant in an air pollution control
area.

A person operating any industrial plant in any air pollution

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control area, immediately before the commencement of section

9 of the Air (Prevention and Control of Pollution) Amendment
Act, 1987, for which no consent was necessary prior to such
commencement, may continue to do so for a period of three
months from such commencement
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 In order to obtained the consent of the state board application shall

be made in the prescribed form with prescribed fees and shall contain
the particular of the industry.
The state board before granting or refusing to grant permission may

make such enquire as it may deem fit and shall follow such
procedure as may be prescribed.
The state board give or refuse to give his consent in writing within a

period of 4 months from the date of receipt of application.

Where the consent was granted for a period, it may cancel such

consent before the expiry of that period, if the consent were not
fulfilled.
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 Every person to whom consent is granted has to comply with the following
conditions:
(i) The control equipment of such specifications as the State Board may
approve shall be installed and operated in the premises.
(ii) The existing control equipment, if any, shall be altered or
accordance with the directions of the State Board.

replaced in

(iii) The control equipment shall be kept at all times in good running
condition.
(iv) Chimney, wherever necessary, of such specifications as the
Board may approve shall be erected or re-erected in such premises.

State

(v) The conditions shall be complied within such period as the

Board may specify.

State

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(4) Power not to allow emission of air pollutants in excess of the

standard laid down by State Board.
No person operating any industrial plant, in any air pollution control
area shall discharge or permit to be discharged the emission of any air
pollutant in excess of the standards laid down by the State Board.
(5)Power of Board to make application to court for restraining
person from causing air pollution.
If emission of any air pollutant, excess of the standards laid down by
the State Board by reason of any person operating an industrial plant in
any air pollution control area, the Board may make an application to a
court, not inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class for restraining such person from emitting
such air pollutant.
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(6) Power to obtain information:

The State Board or any officer empowered by it may call for any
information ,regarding
Types and level of the air pollutant emitted from the occupier
or any other person carrying on any industry or operating any control
equipment or industrial plant.
The State Board or such officer shall have the right to inspect the
premises where such industry, control equipment or industrial plant is
being carried on or operated.

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(7) Power of entry and inspection:

Any person empowered by a State Board shall have a right to enter,
at all reasonable time, any place:
(a) for the purpose of performing any of the functions of the State
Board entrusted to him.
(b) for the purpose of determining in what manner, any such
functions are to be performed or whether any provisions of this
Act/rules or any notice, order, direction under this Act is being or
has been complied with.

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(8) Power to take samples of air or emission:

A State Board or any officer, empowered by it shall have power to
take samples for the purpose of analysis, samples of air or emission
from any chimney.

Procedure:
(a) Serve a notice on the occupier or his agent in such form as
may be prescribed of his intention to have it so analysed.
(b) In the presence of the occupier or his agent, collect a sample
of emission for analysis.
(c) The sample to be placed in a container or containers which
shall be marked and sealed and shall also be signed both by
the person taking the sample and the occupier or his agent
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(d) send, without delay, the container to the laboratory established or

recognised by the State Board.
(e) When a sample of emission is taken for analysis and the person
taking the sample serves a notice then(1) In a case where the occupier or his agent wilfully absents
himself, the person taking the sample shall collect the
sample of emission for analysis to be placed in a container
or
containers which shall be marked and sealed and shall
also be
signed by the person taking the sample, and
(2) In a case where the occupier or his agent is present at the
time of taking the sample but refuses to sign, then it shall
be signed by the person taking the samples.
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STATE AIR LABORATORY:

The State Government may,

(a) Establish one or more State Air Laboratories; or

(b) Specify one or more laboratories or institutes as State Air
Laboratories to carry out the functions entrusted to the State Air
Laboratory under this Act.
The State Government may, after consultation with the State Board,

make rules prescribing(a) The functions of the State Air Laboratory

(b) The procedure for the submission to the said
Laboratory of samples of air or emission for analysis.
(c) The form of the Laboratory's report
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ANALYST:
The State Government may, by notification in the Official Gazette,
appoint such persons having the prescribed qualifications to be
government analysts for the purpose of analysis of samples of air or
emission sent for analysis to any laboratory.

Reports of analysis:
The analyte shall analyse the sample and submit a report in the

prescribed form of such analysis in triplicate to the State Board.

On receipt of the report one copy of the report shall be sent to the

occupier another copy shall be preserved for production before the

court in case any legal proceedings and the other copy shall be kept
by the State Board.
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OFFENCES AND PENALTIES:

Penalties:

Offenses:
(1) (a) do not take permission for the

use of certain industrial plants.

(b)do not comply with the
condition for the use of industrial
plants.
(c) emission of the pollutant in
excess of the standard laid down.

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For First Conviction:

Imprisonment for a period of 18

months, which may be extended
to 6 years with fine.
For Subsequent conviction:

Additional fine may extend to

RS.5000 for every day during
such failure continues.

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(2) (a) destroys, pulls down,

removes, injures any pillar, post
or stake fixed in the ground or
any notice or other matter put up,
inscribed or placed by or under
the authority of the Board or
(b) obstructs any person acting
under the orders or directions of
the Board from exercising his
powers and performing his
functions or

3 months imprisonment

OR fine up to Rs.10,000
OR both

(c) damages any works or

property belonging to the Board
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(3) Contravenes any of the

provision of this act or any order.
(4) Where an offence has been
committed by any department of
government shall be deemed to
guilty.

(3) 3 months imprisonment OR fine

up to Rs.10,000 OR Both.
(4) Liable to be punished
accordingly.

(5)Liable to be punished
accordingly.

(5) Where an offence been

committed by a company, every
person who, at the time the
offence was committed, was
directly in charge of, and was
responsible to, the company shall
be deemed to guiltM.V.B.MANAVAR
of the offense.
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The water (prevention and control of

pollution) act,1974
This act was enacted to provide for the prevention and
control of water pollution and the maintaining or restoring
of wholesomeness of water, for the establishment with a
view to carrying out the purposes of Board for the
prevention and control of water pollution for conferring
on and assigning to such Board powers and functions
relating there to and from matter connected therewith.

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It shall come into force at once in the States of Assam, Bihar,

Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir,

Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and
West Bengal and in the Union Territories, and in any other
State which adopts this Act under clause (1) of article 252 of
the Constitution on the date of such adoption and any reference
in this Act to the commencement of this Act shall, in relation to
any State or Union Territory, means the date on which this Act
comes into force in such State or Union Territory.
Amendments were made in this act in the year of 1978,1988.

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Central and state boards:

Same as air pollution control act,1981
Constitution of joint boards:
(i)Two or more governments of contiguous state OR
(ii) central government in respect of one or more governments of
state or union territories may enter in to an agreement to
constitute a joint board for such period as specified in the
agreement.
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An agreement to Constitute Joint Board may-

(1) Determine which of the participating state or center

government shall exercise and perform several power to the
state government.
(2) Provide for consultation between participating state or
between the central government and participating state or
states.
(3) Make such incidental and ancillary provision.
The agreement shall be published in the official gazette of
participating state
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Prevention and control of water pollution:

(1) POWER OF STATE GOVERNMENT TO RESTRICT THE
APPLICATION OF THE ACT TO CERTAIN AREAS.
If the State Government, after consultation with the State
Board, is of opinion that the provisions of this Act need not
apply to the entire State, restrict the application of this Act to
such area or areas as may be declared as water pollution,
prevention and control area or areas and the provisions of this
Act shall apply only to such area or areas.
(2) POWER TO OBTAIN INFORMATION.
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(3) Power to take samples of effluents.

A State Board or any officer empowered by it shall have power
to take sample for the purpose of analysis of water from any
stream or well or samples of any sewage or trade effluent which
is passing from any plant or vessel or from or any place into any
such stream or well.

(4) Refusal or withdrawal of consent by state board:

A state Board shall not grant its consent to the bringing in to use
of new or altered outlet unless the outlet is so constructed as to
comply with any condition imposed by the Board to enable it to
exercise its right to take sample of the effluent.
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(5) POWER OF STATE BOARD TO CARRY OUT CERTAIN

WORKS:
If the person fails to execute the work then, after the State

Board may itself execute or cause to be executed such work.

All expenses incurred by the State Board for the execution

together with interest may be recovered by that Board from the

person concerned.

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(6)FURNISHING OF INFORMATION TO STATE BOARD

AND OTHER AGENCIES IN CERTAIN CASES:
If at any place, where any industry, operation or process, or
trade is being carried on, due to accident or event, any
poisonous, noxious or polluting matter is being discharged, or
is likely to be discharged into a stream or well and as a result
of such discharge the water in any stream or well is being
polluted, or is likely to be polluted, then the person in charge of
such place shall intimate the occurrence of such accident to the
State Board.

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(7)EMERGENCY MEASURES IN CASE OF POLLUTION

OF STREAM OR WELL:
In the event of accident or unforeseen act of pollution of
stream or well and Board is of opinion to take immediate
action to(a) removing that matter from the stream or well and
disposing it as the Board considers.
(b) remedying or mitigating any pollution caused.
(c) issuing orders prohibiting the persons concerned from
discharging any poisonous, noxious or polluting matter
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(8)POWER TO GIVE DIRECTIONS:

(a) The closure, prohibition or regulation of any industry,
operation or process; or
(b) The stoppage or regulation of supply of electricity, water or
any other service.

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Central and state water laboratory:

Central water laboratory:
central government may, by noticification(a) establish a Central Water Laboratory. OR
(b)specify any laboratory or institute as a Central Water
Laboratory, to carry out the functions entrusted to the Central
Water Laboratory under this Act.
The Central Government may, after consultation with the
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Conti
(a) The functions of the Central Water Laboratory.
(b) The procedure for the submission of samples of water or of
sewage or trade effluent for analysis or tests, the form of the
laboratory's report and the fees payable.
(c) such other matters as may be necessary.

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STATE WATER LABORATORY:

The State Government may, by notification(a)establish a State Water Laboratory. OR
(b) specify any laboratory or institute as a State Water Laboratory, to
carry out the functions entrusted to the State Water Laboratory
under this Act.
The State Government may, after consultation with the State Board,
make rules prescribing-

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Conti
(a) The functions of the State Water Laboratory.
(b) The procedure for the submission of samples of water or of
sewage or trade effluent for analysis or tests, the form of the
laboratory's report and the fees payable.
(c) Such other matters as may be necessary.

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Analysts:
The Central Government may, by notification in the Official Gazette,
appoint such persons as it thinks fit and having the prescribed
qualifications to be government analysts for the purpose of analysis of
samples of water or of sewage or trade effluent sent for analysis to any
laboratory established or specified.
Reports of analysts:
The analyst shall analyse the sample and submit a report in the
prescribed form in triplicate to the central or state board.

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OFFENCES AND PENALTIES:

Offences:

Penalties:

(1)(a) Destroys, pulls down,

removes, injures or defaces
any pillar, post or stake fixed
in the ground or any notice
or other matter put up,
inscribed or placed, by or
under Board.
(b) Damages any works or
property belonging to the
Punishable with imprisonment
Board
for 3 months OR with fine
up to
Rs.10,000
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(2) Do not follow the direction

for stoppage or regulation of
supply of electricity, water or
any other services.

(3) A person disposed of

polluting matter in to the
stream or well.

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(2) Punishable with

imprisonment for 18 months
whish may be extend to 6 years
OR with fine.
If failure continue additional
fine up to Rs.5000 for
everyday.
(3) Punishable with
imprisonment for 3months OR
fine up to Rs.1000 OR both

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(4) Whoever fails to comply

with any order or direction
given under this act.

(4) Punishable with

imprisonment for 3months
OR fine up to Rs.10,000 OR
both.

(5) Imprisonment for 18

(5) A person do not provide
months whish may be extend
information regarding
to 6 years OR with fine.
construction,, installation or
If failure continue additional
operation of the
fine up to Rs.5000 for
establishment or of any
everyday.
disposal system.

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Environment protection act,1986:

Act to provide for the protection and improvement of

environment.
It shall come into force on 23rd May, 1986 the Central

Government may, by notification in the Official Gazette,

appoint and different dates may be appointed for different
provisions of this Act and for different areas.
It came into force in the whole of India on 19th November,

1986

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OBJECTIVES:
(1) Manage the use, development and protection of the
environment in a way that will enable people for their
economic, social and physical well being and for their health
and safety.

(2) Safeguarding the life-supporting capacity of air, water, land.

(3) Avoiding, remedying any adverse effects of activities on the

environment.
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(4)To prevent, reduce, minimize and, where practicable, eliminate

harm to the environment.
(5) To co-ordinate activities, policies and programmes necessary
to prevent, reduce, minimize or eliminate environmental
harm and ensure effective environmental protection,
restoration and Enhancement.

(6) To ensure that all reasonable and practicable measures are taken
to protect, restore and enhance the quality of the environment.
(7) To promote industry and community education and involvement
in decisions about the protection, restoration and enhancement
of the environment.
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GENERAL POWERS OF THE CENTRAL

GOVERNMENT:
(1)To take measures to protect and improve environment.The Central Government, shall have the power to take all such
measures for the purpose of protecting and improving the
quality of the environment and preventing, controlling
environmental pollution.
(2)Appointment of Officers

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(3) Power to give directions:

The Central Government may issue directions in writing to
any person, officer or any authority shall be bound to comply
with such directions
This power to direction shall include:(a) The closure, prohibition or regulation of any industry,
operation or process; or
(b) Stoppage or regulation of the supply of electricity or water
or any other service.
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(4)Rules to regulate environment pollution:

(a) The standards of quality of air, water or soil for various areas
and purposes.
(b) The maximum allowable limits of concentration of various
environmental pollutants for different areas.
(c) The procedures and safeguards for the handling of hazardous
substances.
(d) The procedures and safeguards for the prevention of accidents
which may cause environmental pollution.
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PREVENTION AND CONTROL OF

ENVIRONMENTAL POLLUTION:
(1)PREVENTION:
(a) Persons carrying on industry operation, etc, not to allow
emission or discharge of environmental pollutants in excess of
the standards.
(b) Persons handling hazardous substances to comply with
procedural safeguards.
(c) Furnishing information to authorities in case, where the
discharge of pollutant in excess of prescribed standard.
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(2) CONTROL:
The following provision are important:
(a) Powers of entry and inspection.
(b) Power to take sample and procedure:
The Central Government or any officer empowered by it shall
have power to take sample for the purpose of analysis of air,
water, soil or other substance from any factory, premises or
other place.
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Environmental laboratories.The Central Government may(a) Establish one or more environmental laboratories.
(b) Recognize one or more laboratories or institutes as
environmental laboratories.
Government analyst:
The Central Government may appoint or recognize such
persons having the prescribed qualifications to be Government
Analysts for the purpose of analysis of samples of air, water,
soil or other substance sent for analysis to any established
environmental laboratory.
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Functions of environmental laboratories:

(i)To established standardized methods for sampling and
analysis of various types of environmental pollutants
(ii) To analyze sample.
(iii) To carry out such investigations.
(iv) To send periodical reports.

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Qualification of Government Analyst

(a) Graduate in science from a recognized university with five years
experience in laboratory engaged in environmental investigation, testing
or analysis; or

(b) post-graduate in science or a graduate in engineering or a graduate in

medicine or equivalent with two years experience in a laboratory
engaged in environmental investigations testing or analysis; or

(c) post-graduate in environmental science from a recognized university

with two years experience in a laboratory engaged in environmental
investigations, testing or analysis.
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OFFENCES AND PENALTIES:

Offences:

Penalties:

(1) (a)For 1st conviction

5 years imprisonments OR
fine up to 1 lakh OR both
(b) For subsequent conviction
In additional fine up to
Rs.5000 for everyday.
(c) If continue beyond a period
of 1 year
(1) Contravention of the
Imprisonments up to 7
provision the act
years
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(2) Offences by companies

(3) Offences by Government

Departments

(2) Responsible person shall be

liable to punishment. but he
would not be punishable if he
proves that the offence was
committed without his
knowledge
(3) Head of department of
government shall liable to
punishment

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REFERENCES:
http://www.cpcb.nic.in
http://envfor.nic.in/legis/env/env1.html
Pharmaceutical jurisprudence;5 th edition, Atul

prakashan,By Dr.G.K. JANI, page no.:309-424

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u
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y
k
n
a
Th
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