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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
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 
country’s 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.
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 24th 
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 18th 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 
H.A KADIYA 
Thank you…

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Environmental act and legislation

  • 1. Environmental act and legislation
  • 2. 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.
  • 3. 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.
  • 4. 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.
  • 5. 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.
  • 6. 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.
  • 7. 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
  • 8. 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.”
  • 9. 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.
  • 10. Contd. Sec. 2 (c) defines environmental pollution: "environmental pollution" means the presence in the environment of any environmental pollutant
  • 11. 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
  • 12. 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:--
  • 13. 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;
  • 14. 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;
  • 15. (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;
  • 16. 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.
  • 17. 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 country’s economy.”
  • 18. 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)
  • 19. Some water pollution pics……
  • 20. 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
  • 21. 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.
  • 22. 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)
  • 23. 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.
  • 24. 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 24th November, 1980)
  • 25. 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.
  • 26. 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
  • 27. 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.
  • 28. 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 18th 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.
  • 29. Some pics of air pollutants……
  • 31. 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.
  • 32. 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)
  • 33. 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 H.A KADIYA Thank you…